656 Minutes of a Regular Meeting of the City Council. Austin, Texas, July 19, 1897. Alderman Maddox elected President pro. tem. of the Council The Mayor and President of the Council both being absent, Alderman Maddox was elected President pro. tem. Roll called. Present, Aldermen Haynes, Horton, Kuhn, Maddox, Nitschke, Olatt, Powell, Schneider, Shelley, Stumpf, Taylor and Zilker 12. Absent, Aldermen Beaty, Belvin, Fischer, Lawless, Sinn, Miller, Redd, Roberdeau and Townsend 10. Minutes of previous meeting approved as recorded without reading. On motion of Alderman Taylor, the minutes of the last meeting were approved as recorded without reading. Petitions & Pet. of Dr. J. D. Wooten regarding assessment made by Bd. of Equalization. The Chair laid before the Council a petition from Dr. J. D. Wooten stating that the Board of Equalization had assessed him with $10,000.00 credits and property for the year 1896: that he had only $4000.00, and asking that he be allowed to pay his taxes on this $4000.00 and that the balance be remitted. Read, and on motion referred to the Committee on Claims and Accounts. Communication from Bd. of Equalization asking for an additional extension of 10 days to perform time, to complete their work. The Chair then laid before the Council a communication from the Board of Equalization stating that the time allowed by ordinance in which to perform its duties was not sufficient to get through with the work, and asking the Council to extend the time from twenty to thirty days. Aldermen Beaty, Rosengren and Townsend entered the Council Chamber. Alderman Fischer moved that the communication from the Board of Equalization be laid upon the table, which motion was lost by the following vote: Yeas, Aldermen Beaty, Fischer, Horton, Miller, Nitschke, Redd and Taylor- 7. Nays, Aldermen Haynes, Kuhn, Maddox, Olatt, Powell, Rosengren, Schneider, Shelley, Stumpf, Townsend and Zilker. 11. Alderman Schneider moved that the Board be allowed twenty five days. Alderman Taylor moved to amend by adding that they be allowed the sum of $2.50 per day each for the additional five days allowed. Alderman Belvin entered the Council Chamber. Point of order made by Alderman Nitschke, sustained by Chair Alderman Nitschke made the point of order, that as the time allowed the Board of Equalization was fixed by ordinance, it could only be extended by amending said ordinance, hence the motion made to extend the time by resolution was out of order. The Chair sustained the point of order, and on motion the communication was referred to the Finance Committee. Communication from Dr. A.N. Denton regarding Sanitary Condition of City Communication from Dr. A. N. Denton in regard to the sanitary condition of the city, was, on motion, referred to the Committee on Sanitation and Sewerage without reading. Pet. of Citizens of 11th Ward asking for a Policeman. By Alderman Redd, Petition of Citizens of the Eleventh Ward, asking that a Policeman be assigned to duty in said Ward. On motion the petition was ordered to the City Marshal. Alderman Lawless entered the Council Chamber. Pet. of Mrs M. V. Motschier asking permission to make house in Alley, in Bk 195 of City. By Alderman Powell, Petition of Mrs. M. V. Motschier, asking permission to move a small frame house on the Alley, in Bk No. 195, of the City. was on motion referred to the Street Committee. --- Page break --- 657 Pet. of Citizens of 2nd Ward to have Street work done in Clarksville in Said Ward between 10th & 12th Streets. By Alderman Beaty. Petition of Citizens of the Second Ward, asking that Streets in what is known as Clarksville between Tenth and Twelfth Streets in passable condition. Read, and on motion referred to the Street Committee. Reports of Standing Committees. Street Coms report on pet. of Alderman Frank Brown to erect a stairway of Frank B. on Cor. Red River & 6th St. Alderman Zilker, for the Street Committee, to whom was referred the petition of Frank Brown, asking permission to erect a stairway on west side of building on East Sixth and Red River Streets, presented their report, recommending that the petition be granted on condition that the City retain the right to remove the same at any time said stairway proves an interference with pedestrians on the sidewalk, as referred to in the petition. On motion of Alderman Taylor moved that the report of the Committee be adopted. Alderman Zilker report on pet. of Wm Walsh to have Dam Boulevard extended The work to be done under the supervision of Alderman Beaty, the City Engineer, and that the stairway be constructed of iron, which motion prevailed. On motion of Alderman Beaty, the City Engineer was directed to examine a stairway erected by Mr. J. B. Mitchell on West Sixth Street and to report to the next session of the Council if said stairway had been erected in accordance with the permit granted. Street Coms Report on Pet of W. K. M'Elroy regarding Alley- way in rear of Lots 1 to 10, Block #1 O L of yr Div. D Alderman Zilker, for the Street Committee, to whom was referred the petition of W. K. McElroy in regard to the alleyway in rear of Lots 1 to 10, Block #72, Brown's subdivision of out lot No. 47, Division "D", presented their report, stating that from a careful examination and investigation of the facts as existing on the ground and from the public records, we conclude that it was the intended and purpose of the dedicator, Leander Brown, evidenced by his acts and declarations accompanying the dedication to the public of the streets and alleys in said sub-division and particularly concerning the alley under consideration that the lots in said block fronting on what is now known as San Marcos Street, numbered from 1 to 10 both inclusive, were to have, and did have a uniform depth of one hundred and twenty-eight feet each, and were to and did terminate on a common boundary line of said alley running in rear of said lots and dividing and separating said lots 1 to 10 from lots 11 to 20 in said block, and that said alley is of an uniform width of 20 feet. Your Committee begs leave to recommend that proper and appropriate action be taken to clear and keep said alley clean from all obstructions and particularly the obstruction created and existing by reason of the erection and maintenance of the fence as aforesaid, and that the City Engineer be directed to at once remove said obstruction. The report of the Committee was adopted. Police Committees report on City Marshals reports for June 1897 Alderman Powell, for the Police Committee, to whom was referred the reports of the City Marshal for the month of June 1897, presented their report, stating that the reports had been examined and found correct. On motion the report was ordered filed. Proposition from Statesman Publishing Co. to publish Council Proceedings Alderman Haynie, for the Printing Committee, submitted the following proposition from the Statesman Publishing Company, "Austin, Texas" "July 12th 1897" To the Hon. Harry Haynes, Chairman Printing Committee, Dear Sir: Inasmuch as the City Council, ignored our proceedings and not now --- Page break --- 658 Proposition from The Statesman being [illegible] Publishing Co. officially in our paper, and the fact that their printing was discontinued on account of the price we asked in our bid of 1/2 cent per word, we beg to inform you that after thoroughly considering the matter, we are willing to meet your views on the subject and reduce the price from 1/2 to 1/3 cent per word for each insertion. This bid is made to cover Council proceedings, Ordinances, Bound notices, and such other matter ordered by the City Council, and is to hold good from its acceptance by the Council for the remainder of the fiscal year. We will use the same type as we have been using in the past, and the same scale of measurement which has been in effect for the past four years will be used. Trusting you will see fit to favor us with all the City Printing, we are, Yours truly, Statesman Pub. Co. Geo. W. MacDonnell, Advertising Manager. Alderman Blatt moved to accept the Statesman's proposition, and that the Mayor be instructed to enter into contract with them in accordance with said proposition, which motion prevailed. Unfinished Business The Chair then laid before the Council the following veto message of the Mayor. Mayor's Office. Austin, Texas, July 7th 1897. Mayor's Veto message of Ord. No. 5134 Amending Art. 327 of Revised Civil Ordinances To the Hon. City Council: Gentlemen: I herewith return to you an ordinance passed by you on July 5th 1897, entitled, "An ordinance amending Art. 327 of the Revised Civil Ordinances of the City of Austin," with my disapproval of same, and my reasons therefor as follows: The Ordinance seeks to increase the Police force by the addition of one Policeman, to be known as the City Detective. In my opinion this increase is from every point of view, unnecessary and inadvisable. The Police force as at present constituted, is ample for the protection of life and property, and the detection of crime. There has not been made so far as I know, either publicly or privately, any charge or even a suggestion, that the interests of the public are suffering, or are likely to suffer on this account. There would, therefore, appear to be no cause for an increase of the force, and to increase it without proper cause, would be to waste the peoples money. This would be the case, even if there was a surplus, in the Treasury, and if the additional expenditure did not interfere with the imperative public needs. But the objection to increasing the City's expenses at this time, is doubly strong, because of the well known conditions now existing in the City's finances, rendering economy absolutely necessary. Respectfully, Lewis Hancock, Mayor. Mr. Erwin stated that the question before the Council was, "shall the ordinance now pass, notwithstanding the Mayor's objection." --- Page break --- 659 The veto of the Mayor was sustained by the following vote: Yeas, Aldermen Belvin, Haynes, Lawless, Powell, Rosengren, Schneider & Stumpf- 7. Nays, Aldermen Beaty, Fischer, Horton, Kuhn, Maddox, Miller, Nitschke, Platt, Redd, Shelley, Taylor, Townsend and Zilker. 13. Mr. M. M. Shipe allowed to address Council in regard to matter of drain pipe for Hyde Park. Alderman Belvin asked that Mr. M. M. Shipe be allowed to address the Council on the matter of drain pipe for streets in Hyde Park. Permission was granted. Mr. Shipe then stated to the Council, that he had graded and graveled certain streets in Hyde Park, and that they needed drain pipes to carry off the surplus water in case of heavy rains, and if not done then they would be badly damaged, and if the City would furnish him with the pipes he would lay same at his own expense. He asked for 394 feet of 10-inch pipe, 107 feet of 12-inch pipe and 38 feet of 6-inch pipe. Mr. Shipe's request for drain pipe for Hyde Park, granted. Alderman Belvin moved that the pipes asked for be furnished, the same to be laid under the supervision of the City Engineer and without expense to the City. Alderman Shelley was excused from further attendance at this session. Alderman Lawless moved to refer the matter to the Street Committee. Alderman Fischer moved to amend the motion of Alderman Lawless by adding "and that they be authorized to act". Alderman Platt raised the point of order, that the Council could not delegate its authority to the Street Committee, by authorizing them to act in the matter. The Chair decided the point of order not well taken. The vote was then had on the amendment offered by Alderman Fischer, and the same was adopted by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Horton, Kuhn, Maddox, Nitschke, Powell, Rosengren, Schneider, Stumpf, Townsend and Zilker. 13. Nays Aldermen Haynes, Lawless, Miller, Platt, Redd and Taylor. 6. The vote was then taken on the motion of Alderman Lawless as amended by Alderman Fischer and the motion adopted. Ord. appropriating $2955.56 to pay salaries of Officers and Employes for month of July 1897. By Alderman Townsend. An ordinance appropriating the sum of $2955.56/100 to pay salaries of Officers and Employes for the month of July 1897. The ordinance was passed under suspension of the rules by the following vote: Yeas, Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Kuhn, Lawless, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Schneider, Stumpf, Taylor, Townsend and Zilker. 19. Nays, None. Ord. appropriating $210.00 to pay salaries of Aldermen for month of July 1897. By Alderman Townsend. An ordinance appropriating the sum of $210.00/100 to pay salaries of Aldermen for the month of July 1897. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Kuhn, Lawless, Maddox, Miller, Nitschke, Platt, Powell, Redd, Rosengren, Stumpf, Taylor, Townsend & Zilker. 18. Nays Alderman Schneider. 1. Ord. regulating Fares to be charged by Persons, Firms or Corporations owning or operating Street Railway lines within Corporate limits of Austin. By Alderman Horton. An ordinance regulating the fares to be charged by Persons, Firms or Corporations, owning or operating any line or lines of Street Railway, within the Corporate limits of Austin, and affixing penalties for failure to comply with the terms thereof. The ordinance was read first time, and, on motion, was referred to the Ordinance Committee. --- Page break --- 660 Resolution regarding publishing minutes of this meeting at price submitted by Statesman at this meeting. Alderman Haynes offered the following resolution: Resolved, That the minutes of the Council this evening be published by the Statesman, with the understanding that the same be paid for, at the rate of bid submitted by said paper, this evening, if the contract is entered into by the Mayor. Otherwise no payment is to be made. N.S. Haynes, S.E. Rosengren, A.M. Belvin. Printing Committee Alderman Saylor moved to lay the resolution on the table. Lost by the following vote: Yeas Aldermen Lawless, Kitschy, Schneider and Saylor 4. Nays Aldermen Deaty, Belvin, Fischer, Haynes, Horton, Kuhn, Maddox, Miller, Platt, Powell, Redd, Rosengren, Stumpf, Townsend & Zilker 15. The resolution was then adopted. Alderman Belvin moved to adjourn which motion prevailed. Jno. C. Johnson City Clerk.