666 Minutes of a Regular Meeting of the City Council Austin, Texas, August 16, 1897. Hon. Lewis Hancock, Mayor, presiding. Roll called. Present Aldermen: Haynes, Horton, Kuhn, Lawless, Maddox, Miller, Nitschke, Platt, Powell, Robertson, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilger 16. Absent Aldermen Deaty, Delvin, Fischer, Linn, Redd and Rosengren 6. On motion the minutes were approved as recorded without reading. Minutes approved as recorded Petitions, Etc. Communication from A. Scheiffer The Mayor laid before the Council, a communication from Alexander asking for compromise of Taxes Scheiffer, asking that they Council accept a compromise offered on Taxes! Read and on motion referred to the Committee on Claims and Accounts. Police Comtee report o. City Alderman Powell, for the Police Committee, to whom was referred the Marshals reports for July 1897 reports of the City Marshal for the month of July, presented a report stating that they had carefully examined the reports, and found them correct. The report was ordered filed. The following Communication was read and ordered filed: Communication from Austin, Texas August 11th 1897. Secretary of W&L Commission Regarding Gas-back To the Hon. City Council: at new Pumping Station Austin, Texas. Gentlemen: In reply to your resolution of Aug. 2nd I am directed to inform you, that at a Meeting of the Water Light & Power Commission of the City of Austin, held on the 5th instant the following resolution was adopted, to wit: "Resolved that in answer to the City Council's resolution adopted Aug. 2nd 1897, the Secretary is requested to reply that the Gas-cock is to be used only for the purpose of receiving any water that may leak from the pumps." Respectfully, Randolph [illegible], Secretary. Report of Street Comtee rec- Alderman Zilger, for the Street Committee, presented a report recommending ommending the repairing & that the City Wagons formerly used on the Streets be repaired and painted. painting of Street Wagons Alderman Maddox moved that the report be laid upon the table. Lost. On motion the report was laid over to come up under the head of new business. Sanitary Comtee report on Alderman Stumpf, for the Sanitary Committee, to whom was referred Ord. declaring keeping of "An Ordinance declaring the Keeping of Hogs in certain limits of the City" Hogs in certain limits of the presented their report recommending the passage of the ordinance. City. On motion the report was adopted! Alderman Platt, asked that the regular order of business be suspended and that he be allowed to present a petition. Granted. Pet. of Thos Wolf asking By Alderman Platt, Petition of Thos Wolf, stating that he had been that the City Attorney dis- arrested, charged with altering, and adding to, a building within the miss charges [illegible] from Fire limits, without first obtaining a permit, and asking that the City for his [illegible] to adding Attorney be instructed to dismiss the charge, he having obtained a permit [illegible] permit from the Fire Committee. On motion the petition was laid. --- Page break --- 867 over, to come up under the head of new business Alderman Fischer entered the Council Chamber. Unfinished Business. The Mayor laid before the Council an ordinance declaring the Ord. declaring keeping of keeping of Hogs in certain limits of the City of Austin, a misdemeanor Hogs in certain limits of the and providing for a penalty therefor." City a misdemeanor The ordinance was read the second time, and a motion made to suspend the rule and place the ordinance on its third reading and final passage and was lost by the following vote: Yeas: Aldermen Haynes, Horton, Lawless, Maddox, Miller, Platt, Powell, Robertdran, Schneider, Shelley, Stumpf and Taylor. 12. Nays: Aldermen Huhn and Silver. 2. The Mayor laid before the Council the following veto message: Mayor's Office. Austin, Texas, August 10th 1897. To the Hon. City Council. Gentlemen: - Mayor's veto of Pet. of Thos. D. I herewith veto the resolution passed by Woods to have certain taxes you at your last regular meeting, granting the petition of Thos. D. Woods remitted. to have certain taxes remitted on account of erroneous assessment by the Board of Equalization. I sympathize strongly with the petitioner, and with the object sought to be accomplished by the Council, which is to correct an assessment obviously erroneous and oppressive without putting upon the petitioner the burden of resorting to litigation, and if such power existed in the Council I should commend the exercise of it in this case, as eminently wise and just. But it is clear that the Council possesses no power to remit taxes or to revise the decisions of the Board of Equalization, and I do not remember that such power was ever attempted to be exercised. In one case a supplemental report was filed by the Board of Equalization changing an assessment and the Council authorized the Assessor to act upon same. In several instances last year the City Council authorized the City Attorney to compromise certain law suits arising out of assessments, thereby exercising a power clearly possessed by it to compromise any litigation actually pending in court. The resolution under consideration is of entirely different character and would not be authority to the Collector to forbid the collection of the tax in question, or a defense to a demand, at any time in the future, for a payment of such tax. Respectfully, Lewis Hancock, Mayor. The motion was then put, Shall the resolution pass notwithstanding the Mayor's objections, and was lost by the following vote: Yeas: Aldermen Fischer, Maddox, Fletcher and Shelley. 4. Nays: Aldermen Haynes, Horton, Huhn, Lawless, Miller, Platt, Powell, Robertdran, Schneider, Stumpf, Taylor, Townsend and Silver 13. The Mayor then laid before the Council the following veto message: Mayor's veto of need to re- Mayor's Office. reading [illegible] [illegible] [illegible] Austin, Texas, August 10th 1897. [illegible] ordinances enacted in [illegible] [illegible] [illegible] [illegible] To the Hon. City Council. Gentlemen:- I herewith return to you need it on --- Page break --- 668 passed by you at your last regular meeting, directing the City Marshall to enforce the Ordinance in regard to all structures within the Fire limits, with my veto of the same and my reasons therefor. The language of the resolution is sufficiently sweeping to amount to instructions to the Marshall to summarily tear down many stairways and other structures which, while violating the Fire ordinances, were erected by the owners only after obtaining permission therefor from the City Council. The permission thus obtained was usually granted by simple resolution, and may have been informal and inoperative in the face of express enactment by ordinance. But the permission was asked, granted and acted upon in good faith. Property owners have arranged their buildings and constructed stairways relying upon such permission, and it would be unfair for the City to now withdraw this permission unless a valid reason therefor exists in the needs of the public. Such reason I do not find to exist. The structures are not injurious to the public welfare on account of danger from fire and do not seriously obstruct the public highways, and I know of no public necessity or demand for their removal. Respectfully, Lewis Hancock, Mayor. The motion was then put, Shall the resolution pass notwithstanding the Mayor's objections and was lost by the following vote: Yeas, Alderman Maddox. 1. Nays, Aldermen Fischer, Haynes, Horton, Kuhn, Lawless, Miller, Nitschke, Platt, Dowell, Roberdeau, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 16. Alderman Powell offered the following resolution which was adopted. Be it resolved by the City Council of the City of Austin, that the Supt. of Streets, shall go out to the pasture and inspect the City Mules, once a week, and make report on the condition of same to the Mayor. By Alderman Townsend, An ordinance appropriating the sum of $1383.36 to pay approved accounts for the Street Department. Read, and a motion made to suspend the rules and place the ordinance on its second reading, which was lost by the following vote: Yeas Aldermen Fischer, Horton, Kuhn, Miller, Nitschke, Powell, Roberdeau, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 13. Nays Aldermen, Haynes, Lawless, Maddox and Platt. 4. Alderman Miller was excused from further attendance at this session of the Council. By Alderman Townsend. An ordinance appropriating the sum of $1353.36 to pay approved accounts. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Fischer, Haynes, Horton, Kuhn, Lawless, Maddox, Nitschke, Platt, Powell, Roberdeau, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 16. Nays None. By Alderman Maddox, An ordinance to amend Articles 30 & 31, Chapter 6, Title II. of the Revised Penal Ordinances of the City of Austin. Read and on motion referred to the Ordinance Committee. On motion of Alderman Maddox, leave of absence was granted City Engineer [illegible] and Assessor & Collector [illegible] Sherjing, for two weeks. --- Page break --- 669 Ord. to Amend Chapt. 8 Title 5 By Alderman Maddox. An ordinance to amend Chapter 8, Title 5, of of Revised Civil Ordinances by the Revised Civil ordinances of the City of Austin, by adding thereto Adding sect entitled Art. 110 a. another section to be entitled Article 110, a. Read and on motion referred to the Ordinance Committee. Resolution instructing Supt of By Alderman Zilker. Resolution instructing the Supt. of Streets Streets to have St Street Wagons to have the Street Wagons repaired and painted, the work to be repaired & painted. awarded to the lowest bidder. Alderman Huhn moved to amend the resolution by adding after Amended by adding the the words "Supt of Streets" the words "and Street Committee" Street Committee. Alderman Schneider offered as a substitute to the motion of Alderman Huhn, the following "Strike out Supt of Streets" and insert "Street Committee" The substitute was lost, and the amendment offered by Alderman Huhn was adopted, and the resolution as amended adopted. The Mayor then laid before the Council the resolution offered Resolution directing City by Alderman Platt directing the City Attorney to dismiss the Attorney to dismiss civil case charge in Recorders Court, against Chas Wolf. against Chas Wolf in Recorders On motion of Alderman Zilker Mr. Wolf was permitted to address Court the Council, after which the Recorder was requested to make a statement in regard to the case, after which the resolution was adopted. On motion the Council adjourned. Jm. O. Johnson City Clerk.