641 Minutes of a Regular Meeting of the City Council Austin, Texas, June 21, 1897. Hon Lewis Hancock, Mayor presiding. Roll Called. Present, Aldermen Guaky, Fischer, Linn, Maddox, Miller, Olatt, Cowell, Redd, Rosengran, Shelley, Staehly, Taylor and Townsend, 13. Absent, Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Nitschke, Robendeau, Schneider and Silver, 9. On motion the minutes of the last regular meeting were approved as recorded without reading. Petitions, Memorials, etc Minutes previous meeting adopted as recorded Act. of G. F. Boswell asking for damages for injury to wagon By Aldermen Maddox, Petition of Geo. F. Boswell, asking pay for damages to Milk wagon, caused by running against a water plug in Street. Read and on motion referred to the Committee on Claims and Accounts. Aldermen Lawless and Nitschke entered the Council Chamber. Reports of Committees. Police Com's report on petition of Citizens of 5th Ward asking for the appointment of Sam Ward a Policeman on the Police force. Alderman Cowell for the Police Committee to whom was referred the petition of Citizens of the 5th Ward, asking that Sam Ward be appointed a Policeman, and assigned to duty in said Ward, presented their report recommending that the petition be not granted. Alderman Maddox moved that the report be laid over to be considered in connection with an ordinance amending Art. 327, of the Revised Civil Ordinances of the City, which motion prevailed. Police Com's report on Ord. Amending Art 327 of Revised Civil Ordinances Alderman Cowell for the Police Committee, to whom was referred an ordinance amending Art 327 of the Revised Civil Ordinances of the City, presented their report recommending the passage of the ordinance. Alderman Maddox moved that the report be laid over to come up with the ordinance under the head of unfinished business, which motion prevailed. Police Com's report on City Marshals reports for May 1897 Alderman Cowell for the Police Committee, to whom was referred the reports of the City Marshal for the month of May 1897, presented their report stating that the reports had been examined and found correct. On motion, the report was received and ordered filed. Claims & Accts Com's report on pet. of E. F. B. Alley asking that certain pound fees be remitted Alderman Olatt for the Committee on Claims and Accounts to whom was referred pet. of E. F. B. Alley to have certain pound fees refunded, presented a report, stating, that as the petition had not been approved by the Mayor that it was not properly or legally before the Committee, and that therefore they decline to make any recommendation. On motion it was ordered that the report be filed. Sanitary Com's report on Ord. Amending Art. 149 Title 4 Chapter 1 of Revised Penal Ordinances Alderman Staehly for the Committee on Sanitation and Sewerage to whom was referred an ordinance Amending Art. 149, Title 4, Chapter 1, of the Revised Penal Ordinances of the City of Austin, and to repeal Art. 150 of the same Title and Chapter, presented their report, recommending the passage of the ordinance. On motion the report of the Committee was adopted. Special Com's report on drains against Street Railway Track Aldermen Linn, Maddox, D. W. Powell, Committee appointed to investigate, and examine into complaint against the City Street Railway Track, and to suggest Remedies, presented their written report, which was read. --- Page break --- 642 Special Comitee report on investigation of charges against Street Superintendent Hon. Lewis Hancock, Mayor, and City Council of the City of Austin. Gentlemen: Your Special Committee appointed to investigate the charges made against the Street Superintendent, in reference to employ- ment of the City Prisoners; beg leave to report: that they find that the able bodied Male prisoners are worked daily under the Superintendence of Street Superintendent, and have been, since the adoption of the resolution by the Council authorizing him in the matter. We also take this opportunity of calling your attention to the fact that there are daily confined in the Calaboose from two to half-a-dozen or more able-bodied female prisoners, who do nothing toward earning their subsistence, and we recommend that the ordinance Committee and City Recorder, be directed to draw up an ordinance or resolution, as the case may be, requiring these prisoners to perform certain work during the term of their confinement. Respectfully submitted. Thomas F. Taylor, D. C. Lawless, H. T. Haynies. Alderman Kuhn entered the Council Chamber. Alderman Belvin moved that the report of the Special Committee be acted upon by paragraphs. Carried. 1st paragraph of report adopted The first paragraph of the report was then adopted. Alderman Schneider entered the Council Chamber. 2nd paragraph rejected The second paragraph to the report of the Special Committee was then read. Alderman Linn moved to reject this part of the report, which motion prevailed. Unfinished Business. Reconsideration of vote had on amendment to rule 8 of rules of City Council. Alderman Linn called up the motion made and entered upon the minutes of the last meeting of the Council, to reconsider the vote by which the Council refused to adopt the Amendment proposed to rule VIII of the rules of the City Council. The motion to reconsider was adopted, and on motion the amendment was adopted by the following vote: Yeas, Aldermen Beatty, Belvin, Fischer, Haynies, Kitscher, Kuhn, Lawless, Linn, Maddox, Miller, Nitsche, Platt, Powell, Redd, Rosengren, Schneider, Shelley, Stumpf, and Townsend 18. Nays, Alderman Taylor, 1. Ord. appropriating the sum of $10.00 to build a Culvert on N.E. Cor of San Antonio St. Ord. amended to $45.00 which was adopted. The Mayor laid before the Council an ordinance appropriating the sum of $10.00 to place a culvert on the north side of West 6th and San Antonio Streets. The ordinance was read the second time. Alderman Linn offered the following amendment: Amend the caption and also section 2, of the ordinance by striking out $10.00 and inserting $45.00. which motion prevailed. The ordinance as amended was then passed under suspension of the rules by the following vote: Yeas, Aldermen Beatty, Belvin, Fischer, Haynies, Kitscher, Kuhn, Lawless, Linn, Maddox, Miller, Nitsche, Platt, Powell, Redd, Rosengren, Schneider, Shelley, Stumpf and Townsend 19. Nays, none. --- Page break --- 643 Ordr. Amending Art. 149 Title 4 Chapter 1 Revised Penal Ordinances The Mayor then laid before the Council, an ordinance, amending Art. 149, Title 4, Chapter 1, of the Revised Penal Ordinances of the City, and repealing Art. 150 of the same title and chapter of said Penal Ordinances together with the report of the Committee recommending its passage. Alderman Fisher entered the Council Chamber. The report of the Committee was adopted, and the ordinance passed under suspension of the rule by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker. 20. Nays, None. Ordr. amending Art. 327 of Revised Civil Ordinances The Mayor then laid before the Council an ordinance, amending Art. 327 of the Revised Civil Ordinances of the City, with the report of the Police Committee recommending its passage. Alderman Linn moved to adopt the report of the Committee Absentees excused Alderman Maddox moved a call of the Council, which was seconded. Alderman Linn moved to excuse the absentees, which motion prevailed. The Mayor ruled that a majority vote of the Council was sufficient to excuse absentees. Alderman Maddox contended, that it required a 2/3rds vote, and appealed from the ruling of the Chair. The ruling of the Chair was sustained by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Linn, Nitschke, Powell, Redd, Rosengren, Schneider, Stumpf, Taylor, Townsend, and Zilker. 15. Nays, Aldermen Beaty, Maddox, Miller, Platt and Shelley. 5. Police Com's report on pet. of Citizens of 5th Ward for appointment of Sum Ward called up. Alderman Maddox then called up the report of the Police Committee upon the petition of Citizens of the 5th Ward, to have Sum Ward appointed a Policeman for said Ward, which report, had formerly been presented, read, and laid over to come up and be considered with this ordinance. The report was laid before the Council. Alderman Linn moved that the report be received and filed, and moved the previous question on this motion. Call of Council Absentees excused Alderman Maddox moved a call of the Council, which was seconded. Alderman Belvin moved to excuse the absentees, which motion prevailed by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Linn, Nitschke, Powell, Rosengren, Schneider, Stumpf, Townsend, and Zilker 13. Nays, Aldermen Beaty, Maddox, Miller, Platt, Redd, Shelley, and Taylor. 7. Previous question ordered & Com's report ordered filed The question was then put, shall the previous question be ordered on the motion of Alderman Linn, to receive and file the report of the Police Committee on the petition of Citizens of the 5th Ward, and the main question was ordered by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Linn, Nitschke, Powell, Rosengren, Schneider, Stumpf and Zilker. 12. Nays, Aldermen Beaty, Maddox, Miller, Platt, Redd, Shelley, and Taylor, and Townsend. 8. The report of the Committee was then adopted. The 1st & 2nd section and the 2nd & 3d, Committee reports were then adopted, and on motion of Linn made to suspend the rules, and to pass the ordinances --- Page break --- 644 on its 3rd reading, and on this motion, Alderman Sinn moved the previous question, which was ordered by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Sinn, Nitschke, Powell, Rosengren, Stumpf, Townsend and Zilker 12. Nays, Aldermen Beaty, Maddox, Miller, Platt, Redd, Schneider, Shelley, and Taylor 8. The vote was then taken on the motion to suspend the rule and place the ordinance on its third reading and final passage, and was lost by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Sinn, Nitschke, Powell, Rosengren, Schneider, Stumpf, Townsend and Zilker, 13. Nays Aldermen Beaty, Maddox, Miller, Platt, Redd, Shelley and Taylor 7. New Business! Ord. appropriating $75.00 to Repaint & Repair roofs of Fire Halls #1, #3 & #4 By Alderman Stumpf, An ordinance appropriating the sum of $75.00 to Repaint and Paint Roofs of the following Fire Halls viz: Colorado No. 1, Austin Protection No. 3 and East Austin No. 4. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Sinn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker 18. Nays, Aldermen Beaty and Schneider 2. Pet. of Citizens of 10th Ward for Change of Pound Ordinance Alderman Zilker asked permission of the Council to present a petition and to have the same referred, which was granted. He then presented a petition of Citizens of the 10th Ward, asking certain changes in the Pound ordinance, which was read and referred to the Police Committee. On motion of Aldermen Beaty, Lawless and Rosengren, were excused from further attendance at this session of the Council. Ords. appropriating $100.00 to pay judgment of G.W. Patterson vs. City By Alderman Townsend, An ordinance appropriating the sum of $100.00 to pay judgment of G.W. Patterson V.S. the City of Austin. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Sinn, Miller, Nitschke, Platt, Powell, Redd, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 16. Nays, Alderman Maddox, 1. Ords. appropriating $22,312.50 to pay Int. due July 1st 1894 on Water & Lt Bonds. By Alderman Townsend, An ordinance appropriating the sum of $22,312.50 to pay Interest due July 1st 1894, on Water and Light Bonds of the City of Austin. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Sinn, Maddox, Miller, Nitschke, Powell, Redd, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 16. Nays, Alderman Platt, 1. Ords. appropriating $1575.00 to pay Int. due July 1st 1894 on Bonds issued prior to May 1st 1890. By Alderman Townsend, An ordinance appropriating the sum of $1575.00 To pay Interest due July 1st 1894, on Bonds issued prior to May 1st 1890. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Lawless, Sinn, Maddox, Miller, Nitschke, Powell, Redd, Schneider, Shelley, Stumpf, Townsend and Zilker 16. Nays None. Reso. Empowering Directors 3rd & 4th Wards to repair No. 2 Fire Hall etc. By Alderman Stumpf, moved, That the Directors of the 2nd and 3rd Wards, now repair No. 2 Fire Hall, and that they be empowered to purchase new apparatus, and the motion was carried. --- Page break --- 645 Ord. appropriating $2955.56/100 to pay Salaries of Officers & Empl. for month of June 1897. By Alderman Townsend, An ordinance appropriating the sum of $2955.56/100 to pay Salaries of Officers and Employes for the month of June 1897. Alderman Plott excused The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Nitschke, Powell Redd, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 16. Nays, None. Ord. appropriating $705.00 to pay Salaries of Aldermen for month of June 1897. By Alderman Townsend, An ordinance appropriating the sum of $705.00/100 to pay Salaries of Aldermen for the month of June 1897. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Belvin, Fischer, Haynes, Kuhn, Linn, Maddox, Miller, Nitschke, Powell, Redd, Shelley, Stumpf, Taylor, Townsend and Zilker. 15. Nays, Alderman Schneider 1. On motion of Alderman Fischer the Council adjourned. Jno. O. Johnson City Clerk.