634 Minutes of a Regular Meeting of the City Council. Austin Texas June 07, 1897. Hon. Lewis Hancock, Mayor, presiding. Roll called. Present Aldermen Beaty, Fischer, Haynes, Kuhn, Lawless, Maddox, Miller, Platt, Powell, Redd, Robeydraw, Shelley, Stumpf, Taylor and Townsend. 15. Absent Aldermen Belvin, Horton, Lynn, Nitschke, Rosengren, Schneider & Zilker. 7. Minutes approved as recorded On motion of Alderman Maddox, the minutes of the last meeting were apwithout reading. proved as recorded, without reading. Alderman Nitschke entered the Council Chamber. City Attorney Pendexter excused On motion of Alderman Maddox, City Attorney Pendexter was excused from attendance at this session of the Council. Petitions Pet. of E. J. B. Alley asking Council By Alderman Kuhn, Petition of E. J. B. Alley asking the Council to refund to refund him amt. of $4.00 for stock to him the amount of four dollars paid by him on account of stock which empounded. had been empounded. Read and referred to the Committee on Claims and Accounts. Pet. of Citizens of 5th Ward, asking By Alderman Townsend, Petition of Citizens of the 5th Ward asking that Mr. Sam for appointment of 'Sam' Ward, on Ward be appointed a Policeman, and assigned to duty in said ward. Police force. Read, and on motion referred to the Police Committee. Alderman Rosengren entered the Council Chamber. Alderman Fischer was excused from further attendance at this session. Pet. of Citizens to have Congress By Alderman Nitschke, Petition of Citizens to have Congress Avenue between Av. bet. 15th & 17th Sts graded & gravelled. 15th and 17th streets cut to grade and gravelled. Read and on motion referred to the Street Committee. Pet. of J. Schapiro for remission By Alderman Beaty, Petition of J. Shapiro, to have fine assessed in the of fine assessed in Recorders Court. Recorders Court remitted. The granting of the petition was recommended by the Mayor and on motion same was granted. Alderman Zilker entered the Council Chamber. City Officers Reports. The reports of the City Officers for the month of May 1897. were then laid before the Council. Alderman Horton entered the Council Chamber. Alderman Maddox moved that the reports of the City Treasurer, City Auditor and Street Superintendent be read, and that the balance of the reports be referred to their appropriate Committees without reading, which motion prevailed. A synopsis of the reports is as follows: City Treasurer By the City Treasurer Balance on hand General Fund May 3. 1897 $1267.99 " Int. & Sinking Fund Old Bonds " " 2414.90 Received from Assessors Collector to June 7th 1897. on Account of General Fund 4070.80 " Int. on Old Bonds 327.68 Total $8081.37 Disbursements Paid Warrants against General Fund 4655.95 Balance on hand Account General Fund June 7. 1897. $682.84 " " " Int. on Old Bonds " " 2742.58 Account Int. & Sinking Fund. Water & Light Bonds. --- Page break --- 635 Balance on hand May 3 1897 Account Interest Fund $ 6679.85 " " " " " " Sinking " " 11000.00 Received from Assessor & Collector to June 7 1897. 3667.55 $21,347.40 Balance on hand June 7 1897 Account Interest Fund $10347.40 " " " " " " Sinking " " 11000.00 $21347.40 Referred to Finance Committee. By the City Auditor. City Auditor Austin Texas June 7th 1897. 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, and of the City Assessor & Collector, for the Quarter ending May 31st 1897, and find the same to be correct. I have also examined the reports of the City Treasurer, for the fiscal year ending Nov. 30th 1896, and for the months of December 1896, January, February, March, and April 1897, and find the same correct. Respectfully submitted, G.D. Wheatley. City Auditor. Referred to the Finance Committee. Supt. of Streets The report of the Street Supt. shows $1147.38 as the expenses for the month. Referred to Street Committee. Assessor & Collector By the Assessor & Collector. Collections as follows: From General Revenue $3471.74 " Int. & Sinking Fund W&L Bonds 3667.55 " " on Old Bonds 377.68 " School Tax. 1299.69 Total. $8716.66 Referred to Finance Committee. City Clerk By the City Clerk. Total amount of Warrants drawn against the General Fund $4105.49 Referred to Finance Committee. By the City Marshal. Total amount of fines assessed in Recorder's Court $795.00 Paid in Cash $128.00 Worked out 99.00 Escaped 29.00 Carried forward 39.00 Collected on back fines $31.00 Pound fees 73.90 Total, number of arrests for the month 44 Referred to Police Committee. City Physician By Drs. Rike, City Physician. Number of Patients in Hospital, May 1st 1897 14 " " admitted during the month 11 " " dismissed 16 --- Page break --- 636 Number of deaths during the month 2 " Patients remaining in Hospital June 1st 1897 7 " Visits to Paupers during the month 113 " Prescriptions to " " 223 No contagious or infectious diseases reported during the month. Referred to Hospital Committee. City Sexton By the City Sexton. Total interments 16 Deaths 13 White 12 Colored 4 Male 6 Female 10 Still born 2 Premature 1 Referred to Cemetery Committee. Reports of Standing Committees. Street Com's report on Ord. appropriating $40.00 to build culvert on N. side of San Antonio St. Alderman Zilker for the Street Committee, to whom was referred an ordinance appropriating the sum of $40.00 for the purpose of placing a culvert on North side of San Antonio Street, at the intersection of 1st Street, presented their report recommending the passage of the ordinance. On motion the report of the Committee was adopted. Mayors Veto message of Ord. Amending Art. 327 of Revised Civil Ordinances regarding the increase of Police force. The Mayor laid before the Council the following veto message: Mayor's Office, Austin, Texas, May 26th 1897. To the Hon. City Council: Gentlemen: I herewith return to you an ordinance passed by you at your last regular meeting, on May 17th last, entitled "An ordinance amending Art. 327 of the Revised Civil Ordinances of the City of Austin", with my veto of same and my reasons therefor, as follows: In my message to you of October 28th 1896, recommending to your favorable consideration the ordinance levying taxes for the present fiscal year, I stated to you that economy could and should be exercised in the General Revenue, and that the proposed tax levy was based upon a material reduction of expenses. Three ordinances were passed, thus committing the City government to such reduction. In my message to you at your first meeting of the fiscal year, I suggested certain changes to you, among others the reduction of the Police force to its present numbers, as necessary to bring the expenditures within the revenue. These suggestions were considered by you during many weeks and all rejected, except that in regard to the Police force, in accordance with which you so amended the Revised Ordinances as to reduce the force to its present numbers. After this change had been made, and based upon it, the annual budget was adopted as required by the Charter. As you are aware, the budget undertook to balance expenditures, thus fixed, almost exactly with revenue, leaving practically no margin for increased expenditures. In my opinion the budget under-estimated the necessary miscellaneous expenses of our City government, and thus from the first made a deficit probable, which we would not be able to avoid, even// --- Page break --- 637. with the strictest adherence to the budget as adopted and the most rigid economy in miscellaneous expenditures. It certainly leaves no margin for an increase of the budget of expenses. The ordinance under consideration seeks to undo your action in reducing the Police force to its present number, thereby practically amending the budget on the side of disbursement without providing corresponding revenue, and making a deficit inevitable. For that reason I feel it my duty to veto the ordinance. I know the fact that the change is proposed at the request of many citizens entitles it to careful consideration. This it has had at my hands, reinforced by an earnest desire to comply with the wishes of the petitioners, if possible. I am convinced, however, that these petitioners do not wish to bring about a deficit in the administration of their City government, and that they would not desire the increased expenditure at the cost of such deficit. A further reason for objecting to the ordinance is in the fact that the proposed increase in the Police force is not necessary. The force as at present constituted is ample for the enforcement of the law and the protection of the lives and property of our citizens. The present Police force is a most excellent one, and amply able to satisfy all demands upon it. That it does so is the remark of all observant strangers who visit the City, and a matter of pride to our own people. To add to the force is therefore needless. Respectfully Lewis Hancock, Mayor. Aldermen Belvin and Linn entered the Council Chamber. The vote was then had on the question to pass the ordinance notwithstanding the objections of the Mayor, and the motion was lost by the following vote: Yeas, Aldermen Haynes, Maddox, Powell, Roberdeau and Townsend 5. Nays, Aldermen Beatty, Belvin, Horton, Kuhn, Lawless, Linn, Miller, Nitschke, Plath, Rosengren, Shelley, Stumpf, Taylor, and Zilker. 15. On motion Alderman Roberdeau was excused from further attendance at this session of the Council. The following veto message of the Mayor was then read. Mayor's Office. Austin, Texas, May 26th 1897. To the Hon. City Council: Gentlemen: I herewith return to you a resolution passed by you at your last regular meeting on May 24th 1897, providing that one additional City wagon and team of Mules be placed at the disposal of the City Engineer, with my veto of same and my reasons therefor, as follows: On the present condition of the City's finances there is no money to make Street improvements. If necessary repairs are kept up, it is all the City can do. For this purpose the Street Commissioner is provided with two teams and drivers, and has been instructed by the Council to have charge of and work the City's prisoners in connection therewith. These two teams are at the disposal of the City Engineer under the present ordinance, and are all that can properly be worked with advantage in conjunction with the City prisoners. For use of the third wagon would visit. The feeding of the teams and the pay of the driver, and could not be *** **Side-notes transcribed:** [Left Margin, top] Mayor's Veto sustained [Left Margin, bottom] Mayor's Veto message of Res- olution providing for one extra Team, for use of City Engineer. --- Page break --- 638 used to advantage for law of prisoners. Respectfully Lewis Hancock, Mayor. The vote was then taken on the question to pass the resolution notwithstanding the Mayor's objection, and the motion was lost by the following vote: Yeas Aldermen Celvin, Haynes, Horton, Linn, Miller, Nitschke, Platt, and Townsend 7. Nays Aldermen Beaty, Kuhn, Lawless, Maddox, Powell, Redd, Rosengren, Shelley, Stumpf, Taylor, and Zilker 12. Unfinished Business. Mayor's Veto message sustained. The Mayor laid before the Council on its 3rd reading, an ordinance appropriating the sum of $300.00 to pay extra street labor for the month of May, 1897. The ordinance was read 3rd time, and on motion of Alderman Taylor was laid on the table. Ord. on third reading appropri- ating $300.00 for extra Street labor. Ord. on 2nd reading appropri- The Mayor then laid before the Council, on its second reading an ordinance ating $13.50 to pay C. F. B. Alley appropriating the sum of $13.50 to pay claim of C. F. B. Alley for rent of ground for ground rent. on which to bury dead animals for the year 1896. Final passage of Ord. The ordinance was passed under suspension of the rule by the following vote: Yeas Aldermen Beaty, Calvin, Haynes, Horton, Kuhn, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Shelley, Stumpf, Taylor, Townsend, & Zilker 19. Nays, None. On motion Alderman Beaty was excused from further attendance at this session of the Council. Amendment to rule 8 of rules of The Mayor then laid before the Council the amendment to the rules offered by City Council, read, and on vote had Alderman Linn, at the regular session of the Council held May 3rd 1897. amendment was lost. The amendment was read, and a vote taken on its adoption, and the same was lost by the following vote, "4/5ths not voting in the affirmative": Yeas Aldermen Calvin, Haynes, Horton, Maddox, Platt, Powell, Rosengren, Shelley, Stumpf, Townsend, and Zilker 11. Nays Aldermen Beaty, Kuhn, Lawless, Linn, Miller, Nitschke, Redd and Taylor 7. Alderman Linn, gave notice of a motion to reconsider the vote by which the amendment was lost, and asked to have the notice recorded in the minutes. On motion, the regular order of business was suspended to allow the Cemetery Committee, to make a report. Cemetery Com's report on pet. Alderman Horton, for the Cemetery Committee, to whom was referred a petition of Citizens lot owners asking that of Citizens lot owners, to have water mains placed in the Austin City water mains be laid in addition Cemetery, presented their report to Austin City Cemetery Assn recommending recommending that the matter be referred to the Water & Light Commission. On motion the report was adopted. Ord. appropriating $83.91 to repair On motion of Alderman Roberdeau, An ordinance appropriating the sum of $83.91 to repair roof of South Austin Fire Co. roof of Hall of South Austin Fire Co. No. 5. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Calvin, Haynes, Horton, Kuhn, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Shelley, Stumpf, Townsend, and Zilker 19. Nays Alderman Taylor 1. On motion Alderman Linn was excused from further attendance at this session of the Council. Ord. Amending Title 3 of Revised By Aldermen Powell, and Haynes, An ordinance amending Article '3' of Civil Ordinances of the City of Austin. the Revised Civil Ordinances of the City of Austin. --- Page break --- 639 The ordinance was read first time, and a motion made to suspend the rule and place it on its second reading. Alderman Maddox moved as a substitute that the ordinance be referred to the Police Committee, which motion was lost by the following vote: Yeas, Aldermen Horton, Maddox, Miller, Platt, Redd, Shelley, Taylor & Townsend 8 Nays, Aldermen Belvin, Haynes, Kuhn, Lawless, Nitschke, Powell, Rosengren & Stumpf, Zilker 9 A motion to suspend the rule and place the ordinance on its second reading was then lost by the following vote: Yeas Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Nitschke, Powell, Rosengren, Stumpf and Townsend 10 Nays, Aldermen Maddox, Miller, Platt, Redd, Shelley, Taylor & Zilker 7. The Mayor then gave notice that under the rules of the Council the ordinance would be referred to the Police Committee, and so ordered. Ord. appropriating $1894.00/100 to pay Approved Accts. By Alderman Townsend, An ordinance appropriating the sum of $1894.00/100 to pay approved accounts. The ordinance was read first time, and a motion made to suspend the rule and place the ordinance on its second reading, which motion prevailed by the following vote: Yeas, Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker 17. Nays None. The ordinance was read the second time. Ord. amended by adding to the caption & body the sum of $901.50/100 for R.R. ticket for Van Buren Ark. for Mrs. Brownrigg. Alderman Shelley moved to amend both the caption and the body of the ordinance by inserting in the caption the sum of $901.50/100 and adding in the body of the ordinance, for R.R. ticket for Van Buren Ark. for Mrs. Brownrigg the sum of $7.50, which motion prevailed. Ord. as amended passed. The ordinance was then passed under suspension of the rule, by the following vote: Yeas Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker 17. Nays None. Ord. appropriating $3305.77/100 to pay Approved Accts for Street Dept. By Alderman Townsend, An ordinance appropriating the sum of $3305.77/100 to pay approved accounts of Street Department. The ordinance was passed under suspension of the rules, by the following vote: Yeas Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker 17. Nays None. Ord. to amend Art. 149 Title IV Chapter 1 of Revised Penal Ordinances. By Alderman Maddox, An ordinance to amend Article 149 Title IV Chapter I of the Revised Penal Ordinances of the City of Austin and to amend Article 150 of the same title and Chapter of said Penal Ordinances. The ordinance was read first time, and on motion was referred to the Committee on Ordinances. By Alderman Zilker, An ordinance appropriating the sum of $78.22/100. --- Page break --- 640 Drivers of Street Teams to pay Drivers of City Teams. Read first time and a motion made to suspend the rules and place the Ordinance on its second reading, which motion prevailed by the following vote: Yeas Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Maddox, Miller, Nitsche, Platt, Powell, Redd, Rosengrin, Shelley, Stumpf, Taylor, Townsend & Zilker 17. Nays None. Read second time. Alderman Nitsche moved to amend by striking out $90.00 and inserting $84.00 which motion was lost. The ordinance was then passed under suspension of the rule by the following vote: Yeas Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Maddox, Miller, Platt, Powell, Redd, Shelley, Stumpf, Taylor, Townsend and Zilker 15. Nays Aldermen Nitsche and Rosengrin 02. Committee of 3 appointed to investigate certain charges against the Supt. of Streets in regard to working City Prisoners Alderman Taylor moved that a Committee of three be appointed to investigate certain charges against the Supt. of Streets in regard to working City Prisoners, which motion prevailed, and the Mayor appointed Alderman Taylor Haynes and Lawless as the Committee. Alderman Maddox offered the following resolution, which was read and adopted; Resolution instructing the Mayor to appoint a committee of three to wait upon the Co. Commissioners Court & have them refloor & repair Colorado River Bridge. Be it resolved by the City Council, that the Mayor be instructed to appoint a Committee of three to wait upon the Commissioners Court for the purpose of inducing said Court to at once refloor and repair the Bridge across the Colorado River, at the foot of the Avenue, and further that the City Clerk, and City Engineer, be directed to furnish said Committee, all the data they may have, touching the present condition of said bridge. On motion the Mayor was added to the above Committee. Resolution granting Austin Rapid Transit R.R. Co. the right to erect a covered seat at Corner of E 12th & San Bernard Streets. Alderman Horton offered the following resolution, which was read & adopted. Be it resolved by the City Council of the City of Austin Texas. That the Austin Rapid Transit Co. be granted the right to erect a covered seat on outside of sidewalk, at the corner of East 12th and San Bernard Streets, and at east gate of City Cemetery, said seat to accomodate passengers waiting for cars from train and track, said work to be approved by City Engineer. On motion of Alderman Taylor the Council adjourned. Jno. P. Johnson City Clerk.