646 Minutes of a Regular Meeting of the City Council. Austin, Texas, July 05, 1897. Hon. Lewis Hancock, Mayor, presiding. Roll called. Present, Aldermen Beaty, Haynes, Linn, Maddox, Miller, Platt, Powell, Reed, Rosengran, Schneider, Stumpf, Taylor and Townsend 13. Absent Aldermen Delvin, Fischer, Horton, Kuhn, Lawless, Nitschke, Roberdeau, Shelley and Zilker 9. Minutes of last meeting adopted as recorded without reading. On motion of Alderman Lawless the minutes of the last meeting of the Council were adopted as recorded without reading. Alderman Lawless entered the Council Chamber. Petitions Memorials etc. Pet. of Mrs Walsh for extension of Dam Boulevard By Alderman Saylor. Petition of Mrs Walsh, asking that the Dam Boulevard be extended. Read and on motion referred to the Street Committee. Pet. of Frank Brown to erect Stairway on Red River St. By Alderman Saylor. Petition of Frank Brown, asking authority to erect a Stair way on Red River Street. Alderman Saylor moved that the petition be granted, the work to be done under the supervision of the City Engineer. Alderman Platt moved as a substitute that the petition be referred to the Street Committee. The substitute was adopted. City Officers' Reports. Reports of City Officers. The Mayor laid before the Council, the reports of City Officers for the month of June. On motion of Alderman Linn, the reports were referred to their respective Committees without reading, except the reports of the City Scavenger and the Water & Light Commission. The report of the City Scavenger was then read. Alderman Delvin, Horton, Kuhn, Roberdeau, Shelley and Zilker, entered the Council Chamber. On motion of Alderman Linn, the report of the City Treasurer was then read. The following is a synopsis of the report of the City Treasurer. City Treasurer. Balance on hand June 7th 1897. Acct. of General Fund $ 687.84 Receipts from “ 7th “ to July 5th 1897. “ “ 3671.57 $4359.41 Paid Warrants from June 7th 1897 to July 5th 1897. “ “ 3002.18 Balance on hand July 5th 1897. to Account General Fund. $ 1357.23 Balance on hand June 7th 1897. Account of Interest on Old Bonds $3242.58 Receipts from “ 7th “ to July 5th 1897. “ “ 550.99 $3793.57 Paid Interest due July 1st 1897. on Old Bonds 1525.00 Balance on hand July 5th 1897. Account Interest on Old Bonds. $2268.57 Balance on hand June 7th 1897. Account of Interest on W&S Bonds. $10,347.40 Receipts from “ 7th “ “ “ “ Sinking Fund 11000.00 $21347.40 Received from June 7th 1897 to July 5th 1897. 6324.46 $27721.86 Paid Interest due July 1st 1897. on W&S. Bonds 22312.50 Balance on hand July 5th 1897. on W&S. Bonds $ 5409.36 --- Page break --- 647 Balance on hand July 5th 1897 for Account of Interest Fund $409.36 " " " " 5th 1897 " " " Sinking " 5,000.00 $5,409.36 Referred to Finance Committee. Report of W & L Commission The following report of the Water & Light Commission was read, and on motion referred to the Water & Light Committee. To the Hon. City Council of the City of Austin. Austin, Texas. Gentlemen: Complying with Section 99 fr. of the an amendment to the City Charter, we beg to submit the following report for the two months ending May 31st 1897. Number of Incandescent Light Consumers March 31st 965. " " " " May 31st 1004 " Increase 39 Number of Water Consumers March 31st 2181 " " " May 31st 2209 " Increase 28 Number of Arc Lamps in use by private Consumers March 31st 34 " " " " " " " May 31st 35 " Increase 1 " of Arc Lamps on the Streets for City use 191 " " Horse Power furnished on three phase Circuit March 31st 132 1/2 " " " " " " " May 31st 153 1/2 " Increase H. P. 21 The Pump register for the two months shows as follows: April. Total number of gallons pumped, 91,846,770 Average per day, 3,061,559 Maximum per day, 3,776,485 Minimum per day, 2,573,240 May. Total number of gallons pumped, 109,046,095 Average per day, 3,517,616 Maximum per day, 4,645,540 Minimum per day, 2,759,195 Ledger Statement. May 31st Cash in office $187.84 Water & Light Fund. Balance with Treasurer April 1st $27,181.60 Warrants drawn in April and May 11,020.14 Balance May 31st 16,161.46 Earnings Fund. Balance with Treasurer April 1st $3,140.26 Deposited in April and May 8,503.35 $11,643.61 Warrants Drawn in April and May 7,611.11 Balance May 31st 4,032.50 --- Page break --- 648 Report of W & L Commission Operating Expenses. Electrical Department Miscellaneous - $ 708.11 Insurance 1 year, 404.44 Ft. Wayne Elec. Co (Rewinding Armatures) 605.98 Carbons 540.50 April Pay roll 1216.75 3,475.78 Less material sold, 33.66 3441.67 Water Department Insurance 1 year, 404.44 April Pay roll 296.00 Miscellaneous 107.93 808.37 Office Expenses, 652.78 Electrical Extensions Wire for New Pumping Station, 1,071.04 4 1/2 miles iron pressure wire 808.50 1 Generator from Rapid Tran. Ry. Co 1,400.00 Cross arms for pressure wire 210.05 17 Transformers 301.10 Miscellaneous 1163.21 4,958.90 Water Extensions New Pumping Station 7329.80 Filtering Ditch, 2713.70 Miscellaneous 78.57 10122.07 10132.07 $40,365.54 City of Austin Cash in both Funds with Treasurer, April 1st $30,321.96 Receipts from Water. April, 1935.40 May, 2306.95 4242.35 Receipts from Light April, 1097.50 May, 2306.20 3403.70 Receipts from Power. April, 398.53 May, 1139.27 1537.80 Collected on Motors 181.55 Austin Rapid Transit Ry. Co. 648.18 Balance due on Generators. $40,365.54 All of which is respectfully submitted, A. N. Leitmaker. Prest. of Board. City Assessor & Collector By the Assessor & Collector. Collections as follows: General Revenue, $4375.63 Interest & Sinking Fund, W & L Bonds 6374.46 " " Bonds issued prior to May 1st 1890 550.99 --- Page break --- (649) School Tax. $ 7760.01 Total Collections 13,511.12 Referred to Finance Committee. City Clerk. By the City Clerk. Warrants issued against the General Fund $ 5944.43 " " Interest Fund W. & S. Bonds 77,312.50 " " " " on Bonds issued prior to May 1st 1890. 1,575.00 Referred to Finance Committee. City Marshal By the City Marshal. Total Fines assessed in Recorders Court $365.00 Paid in Cash. 184.00 Worked out 109.50 Carried over. 71.50 365.00 Pound fees 47.00 Collected on back fines 9.00 Total number of arrests for June 59. Referred to Police Committee. City Physician By the City Physician. No. of Patients in Hospital June 1st 7 " " " admitted during the month 15 " " " Discharged " " " 10 " " " Died " " " 3 " " " Remaining July 1st. 19. " Visits to Paupers during " " 107 " Prescriptions to Paupers during " " 200 " Cases Diphtheria " " " 1 No other contagious or infectious diseases during the month. Referred to Hospital Committee. City Sexton By the City Sexton. Total number of Deaths during the month. 13 White 12 Colored. 1 Male 6 Female 7 Referred to Cemetery Committee. Street Comt'e report on pet. of Alderman Zilker, for the Street Committee, to whom was referred the petition of citizens of the 4th Ward for opening of a street across the I. & G.N.R.R. & requiring Co. to keep a watchman at said crossing report recommending that the City Engineer be instructed to communicate with the proper Officers of the I. & G.N.R.R. Co. to have the fences on right of way at said crossing removed and gates placed instead. Said report was adopted. Street Comt'e report on Ord. Alderman Zimmer, for the Street Committee to whom was referred an ordinance approp'g $600.00 to repair Bridges and Culverts in the 5th Ward, presented their report, recommending that action be postponed until the City Finances are such as to permit the making of such appropriations. Said report was adopted. Street Comt'e report on pet. of Alderman Guinn, for the Street Committee, to whom was referred the petition of Sundry citizens, praying that certain Street crossings on West 9th Street were be [illegible]. --- Page break --- 650 Street Comtee report on several petitions for work to be done on Streets & Bridges Street Comtee report on several petition of Citizens asking that Congress Avenue between 15th and 17th Streets be cut down to grade, and a coat of gravel, be put on same; also petition of Citizens of the 6th Ward asking that Water Street be graded from Guadalupe east-ward to University Avenue; Also petition of members of the First Baptist Church, Colored, and Citizens of the 7th Ward asking for a passway over Waller Creek, presented their report, stating that while the improvements asked for were very much needed, that we cannot recommend that the work be done, as it is not absolutely necessary, and the condition of the Citys finances will not permit the granting of the several petitions. Alderman Maddox moved to refer the petition of Paul McComb back to the Committee, which motion was lost. The report of the Committee was then adopted. Police Comtee report on pet. of Citizens of 10th Ward regarding Pound Ordinance Alderman Powell, for the Police Committee, to whom was referred the petition of Citizens of the 10th Ward in regard to City pound limits, presented their report recommending that the petition be not granted. The report was adopted. Claims & Accounts Comtee report on pet. of Y. F. Boswell for damages Alderman Clark, for the Committee on Claims and Accounts, to whom was referred the pet. of Y. F. Boswell, asking that the City pay him damages to wagon, presented their report recommending that the amount asked for i.e. $75.00 be paid. A motion to adopt the Committees report was lost. Unfinished Business Ord. amending Art. 327 of the Revised Civil Ordinances The Mayor laid before the Council, an ordinance To Amend Art. 327 of the Revised Civil Ordinances of the City, which was read third time. Alderman Maddox moved to indefinitely postpone the ordinance, which motion was lost by the following vote: Yeas, Aldermen Beaty, Maddox, Miller, Platt, Redd and Shelley. 6. Nays, Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Linn, Powell, Roberdeau, Rosengren, Schneider, Stumpf, Taylor, Townsend and Zilker 14. Alderman Maddox moved a call of the Council, which was seconded. Alderman Linn moved to excuse the absentees, which motion prevailed by the following vote: Yeas, Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Linn, Platt, Powell, Roberdeau, Rosengren, Schneider, Stumpf, Taylor, Townsend and Zilker 15. Nays, Aldermen Beaty, Maddox, Miller, Redd and Shelley. 5. Final passage of Ord. The ordinance was then passed, by the following vote: Yeas, Aldermen Belvin, Haynes, Horton, Kuhn, Lawless, Linn, Powell, Roberdeau, Rosengren, Schneider, Stumpf, Townsend and Zilker. 13. Nays, Aldermen Beaty, Maddox, Miller, Platt, Redd, Shelley and Taylor. 7. Election of a Bd of Equalization The Mayor then stated, that the next business before the Council was the election of a Board of Equalization for the ensuing year, and nominated the following gentlemen for the position viz: R. M. Castleman, J. W. Folts, and P. S. Harrison, and stated that if any Alderman desired to make nominations, that they were now in order. Alderman Redd nominated Robert Uleford. " Platt " O. J. Outhbert. " Roberdeau " D. H. Wilson. " Beaty " W. H. Brands. " Linn " J. S. Usery. " Maddox " E. V. Tindall. --- Page break --- 651 On motion nominations were then closed. The Mayor appointed Aldermen Sinn, Shelley and Miller as tellers. The tellers announced the following as the result of the first ballot: D. M. Wilson 5 Votes. A. A. Rutherford 5 " W. H. Randolph 15 " E. W. Carleton 5 " A. Wyerman 5 " I. W. Folts 8 " S. L. Wren 6 " R. M. Eastman 5 " R. S. Harrison 4 " W. H. Randolph. elected. W. H. Randolph having received a majority of the votes cast, was declared elected as a member of the Board of Equalization for the ensuing year. No other one receiving a majority, another ballot was ordered. The tellers announced the following as the result of the second ballot viz: Folts 4 Votes Carleton 3 " Wren 6 " Wilson 4 " Eastman 4 " Harrison 3 " Rutherford 5 " Wyerman 3 " No one having received a majority, another ballot was ordered, and the tellers announced the following as the result of the third ballot viz: Wren 6 Votes Wilson 6 " Folts 7 " Harrison 8 " Rutherford 2 " Carleton 4 " Wyerman 4 " Eastman 4 " No one having received a majority, another ballot was ordered. Alderman Saylor, moved that the candidate receiving the lowest number of votes, on this next and all subsequent ballots be dropped, which motion prevailed. The tellers announced the following as the result of the fourth ballot viz: Folts 7 Votes Harrison 7 " Wren 5 " Wyerman 8 " Rutherford 4 " Eastman 4 " Wilson 7 " Carleton 7 " No one, having received a majority, another ballot was ordered, and then --- Page break --- 652 Tellers announced the following as the result of the fifth ballot viz: Wren 7 Votes Wilson 3 " Rutherford 5 " Folts 7 " Wyman 3 " Castleman 5 " Harrison 5 " Carleton 3 " No one having received a majority of the votes cast, another ballot was ordered. The Tellers announced the following as the result of the sixth ballot viz: Folts 8 Votes Harrison 7 " Wren 7 " Carleton 3 " Rutherford 5 " Castleman 3 " Wyman 4 " Wilson 4 " No one having received a majority, another ballot was ordered. The name of Mr. Harrison was dropped. The Tellers announced the following as the result of the seventh ballot viz: Wren 6 Votes Wyman 5 " Castleman 6 " Rutherford 6 " Folts 5 " Wilson 3 " Carleton 5 " No one having received a majority, another ballot was ordered. The name of Mr. Wilson was dropped. The Tellers announced the following as the result of the eighth ballot viz: Castleman 8 Votes Folts 8 " Rutherford 7 " Wren 6 " Wyman 6 " Carleton 3 " No one having received a majority, another ballot was ordered. The name of Mr. Carleton was dropped. Alderman Lawless was excused from further attendance, at this session of the Council. The Tellers announced the following as the result of the ninth ballot viz: Wren 9 Votes Wyman 6 " Castleman 6 " Folts 8 " Rutherford 6 " --- Page break --- 653 Thornton 1 No one having received a majority, another ballot was ordered. Alderman Saylor moved that nominations be re-opened, so as to allow other names to be placed before the Council for the positions. The motion was lost. The Mayor ruled that the vote cast for Mr. J. M. Thornton, on the last ballot could not be counted, he not having been nominated. Alderman Maddox appealed from the ruling of the Chair, and on a vote the ruling of the Chair was sustained. The Tellers announced the following, as the result of the 10th ballot viz: Rutherford 11 Votes Wren 11 " Folts 5 " Wyerman 5 " R. A. Rutherford and J. L. Wren elected mem- bers of Bd. of Equalization The Mayor announced that Mr. R. A. Rutherford and Mr. J. L. Wren having received a majority of the votes cast, were duly elected as members of the Board of Equalization for the next year The following communication was then read: Communication from E.C. Bartholomew Receiver, etc. Austin, Texas June, 7th 1897. To Hon. Lewis Hancock, Mayor, of the City of Austin, and the City Council of said City. Austin, Texas Dear Sirs:- Under and by virtue of the decree in the Circuit Court of the United States for the Western District of Texas, at Austin, in the case of E. C. Bartholomew Receiver, vs. Jno. W. McDonald, Mayor etc. et. al. awarding a mandamus against you to levy a tax etc. as part of the General Revenue of said City of Austin, and to collect the same and pay it over to the plaintiff in said suit, viz, the sum of $10,000. out of the General Revenue for the year 1896: I now again demand of you, as I have heretofore repeatedly done, the said sum of Ten thousand dollars and interest thereon as allowed by law; as you are by said decree commanded to pay the same. A writ, based on said decree, was issued to you on the 2nd day of April, 1896, and served on you the same and immediately subsequent day. In default of payment of this demand, you having paid no part of said sum, I shall have the necessary steps immediately to have attachment issued against you for contempt of said Court. Not desiring to be forced to extreme measures I give you this kindly warning in the premises. Very respectfully E. C. Bartholomew Plaintiff in said Suit. Ordy. Appropriating the Sum of $120.00 for Extra Sanitary Labor. On motion the communication just read was referred to the Finance Committee Alderman Calvin was excused from further attendance at this session of the Council. By Alderman Stumpf, an ordinance appropriating the sum of $120.00. to pay for extra Sanitary labor. The ordinance was read first time, and on motion the rule was suspended and the ordinance placed upon its second reading, by the following vote: Yeas Aldermen Bealy, Haynes, Horton, Kuhn, Linn, Maddox, Miller, Press, Powell, Probst, Rosengran, Schneider, Shelley, Stumpf, Saylor, Townsend, & Gainer 18. --- Page break --- 654 Nays None. The ordinance was read a second time. Alderman Saylor moved to amend by striking out $170.00 and inserting $200.00 which was lost. Alderman Zilker moved to amend by striking out the word “Sanitary” and inserting “Street” which was lost. Final passage of Ord. The ordinance was then passed under suspension of the rule by the following vote: Yeas Aldermen Beaty, Haynes, Horton, Huhn, Linn, Maddox, Miller, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Saylor, Townsend and Zilker. 18. Nays None. Ord. Appropriating the sum of $160.00 to pay Salary of two Dog Catchers for June & July 1897 By Alderman Powell. An ordinance appropriating the sum of $160.00 to pay Salaries of two Dog Catchers for the months of June and July 1897. The ordinance was passed under suspension of the rules by the following vote: Final passage of Ord. Yeas Aldermen Beaty, Haynes, Horton, Huhn, Linn, Maddox, Miller, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Saylor, Townsend & Zilker 18. Nays None. Ord. Appropriating the sum of $84.00 to pay Drivers of Street Teams. By Alderman Zilker. An ordinance appropriating the sum of $84.00 to pay Street Drivers. The ordinance was passed under suspension of the rules by the following vote: Final passage of Ord. Yeas Aldermen Beaty, Haynes, Horton, Huhn, Linn, Maddox, Miller, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Saylor, Townsend & Zilker 18. Alderman Schneider offered the following Resolution which was read and referred to the Sanitary Committee: Resolution regarding Weeds, Grass etc., Whereas, the City is growing up in weeds, grass and thorns, and Whereas, it is dangerous to the health of the inhabitants of the City, and liable to create an epidemic, by being left to grow, and Whereas, the City is financially embarrassed, and not able to meet any extraordinary expenses, therefore be it Resolved, by the City Council of the City of Austin, That his Honor, the Mayor, be requested to issue his proclamation requesting all Citizens to cut and remove all weeds etc., in the Streets and Alleys, near lands that they may own or control. Alderman Saylor moved to adjourn. Lost. Resolution instructing Supt. of Streets to clean gutter on East 7th St. Alderman Haynes offered a resolution instructing the Supt. of Streets to have the gutter leading from the water trough on East 7th Street cleaned out. Adopted. Alderman Maddox offered the following resolution which was read: Be it resolved by the City Council, that the City Assessor and Collector be inResolution instructing Assessor & Collector to Assess the Colorado Bridge, known as the I & G.N. R.R. Bridge structed to assess the Colorado Bridge, known as the I.& G.N. R.R. Bridge, but belonging to the Colorado Carriage Company, for all years from 1884 to 1897 inclusive, and to collect taxes on said Bridge as may have been within the City limits for the year for which such assessment is made. Alderman Schneider offered the following as a substitute for the resolution of Alderman Maddox: That a committee of three, and the City Attorney, be appointed to investigate in regard to the Railroad Bridge used by the I. & G.N. R.R. Co., and report to this Council, by the next regular meeting, on the subject of taxation. Alderman Linn was excused from further attendance at this session of the Council. The vote was then taken on the substitute offered by Alderman Schneider. --- Page break --- 655 and the same was lost The resolution offered by Alderman Maddox was then adopted. Alderman Horton offered the following resolution, which was read and adopted: Be it resolved, that hereafter, the White Paupers be buried in ground belonging to the City, in the City Cemetery, and set apart for that purpose, and that all burial permits be issued in conformity herewith. On motion of Alderman Redd, the Council adjourned. Jno. C. Johnson City Clerk. [Text in left margin:] Resolution directing the burial of White Paupers in the City Cemetery