710 Minutes of a Regular Meeting of the City Council Austin Texas November 15, 1897. Hon. Lewis Hancock, Mayor, presiding Present Aldermen, Beatty, Calvin, Haynes, Horton, Lawless, Linn, Madden, Miller, Nitschke, Olle, Powell, Pradd, Roberdeau, Rosengran Schoenert, Shelley, Stumpt, Taylor, Townsend and Zilker 20. Absent Aldermen Fischer and Kuhn Minutes adopted as printed The minutes of the last meeting were adopted as printed, without reading. Street Committee's Alderman Jones, for the Street Committee, presented the following Several reports on report, which was read and adopted, except the petition of Mrs. Busey different matters re- which was referred back to the Council: ferred to them Austin, Texas November 15th 1899. To the Hon. City Council of the City of Austin: Request to change Your Street Committee, to whom was referred the several matters Street across I & G.N. R.R. hereon as hereinafter mentioned, desire to report: near rock cut First. We recommend that the change of Street as now crosses the International and Great Northern Railroad Track, near rock cut about one and a half miles north of the City Hall, asked for by Thomas Hume, Superintendent, International and Great Northern Railroad, be refused, because the change is asked for at the expense of the City, as the City now is in no financial condition to make the change. If the Railroad Company would bear the expense, your Committee would recommend the granting of the petition under the direction of the City Engineer and Street Committee. Pet. of G.M. Brass Second. The petition of G.M. Brass to open Alley in Block 37, be to open Alley in Block refused, for the reason that if said Alley were opened, it would #37 lead directly into Waller Creek, thereby necessitating the building of a bridge across said Creek, and not until the City's finances are in a condition to build more bridges would your Committee on Streets recommend said Alley to be opened. Pet. of H. Hirschfeld in Third. The petition of H. Hirschfeld, to give some protection to lots regard to giving protection 6 and 7, in Block 10, upon examining same, we find that said lots to lots 6+7 Block 10 are partly in the bed of Waller Creek, and your Committee would recommend that the petition be not granted, for the reason that it would be cheaper for the City to purchase the lots 6 and 7 in Block 10, than to build a rock wall of sufficient strength to withstand the strong currents of Waller Creek, which alone would give petitioner the relief asked for in his petition. Pet. of Mrs. L. E. Pease + Fourth. The petition of Mrs. L. E. Pease and others, proposing to change others to change Lavaca Lavaca, Zavalla and Jones Streets, as is plat attached herewith Zavalla + Jones Sts. would respectfully, recommend same to be re-committed to the City Council, for the reason that the petitioners have protested against any change being made and we, your committee also examined the petition of Wm. R. Desining, the opening of St. Edwards. --- Page break --- 711 Pet. to open San Gabriel St. between Thirteenth & State St. Pet. to open East 4th St. Pet. to open Nueces St. Pet. to open Street from Bowie to Congress Co. The petitions to open San Gabriel between Thirteenth and State Streets. The petition to open East Fourth Street through outlots. of 8, 9, and 10 of Division C. The petition to open full width Nueces Street from First to Sixth Street. The petition to open a Street from Bowie through and over the property of Mrs. Matthews and the Congress Company. Upon the above we beg to report as follows: That the opening of these Streets is desirable and would greatly add to the convenience of many Citizens, and if petitioners should procure the right of way, the petition should be granted, but the expense attendant upon the opening of these Streets, if the City must purchase the right of way, would be so great that, in view of the City's present financial condition, we recommend that said petitions be not granted. Ord. to appropriate $3000. to build Stone Arch Bridge. Ord. to appropriate $1600 to build Stone Culvert on East 8th St Pet. to Build Bridge over Waller Creek on E 3rd St. Austin. We have also examined an Ordinance to appropriate the sum of $3000 to build a Stone arch bridge over Waller Creek on East Seventh Street. An ordinance to appropriate the sum of $1600 for the purpose of building a Stone Culvert over little Shoal Creek and across Nueces and West Eighth Street The petition to build a bridge across Waller Creek on East Third Street. Upon investigation we find that these several bridges are needed and would be a great convenience to the traveling public, and we recommend that the Council act favorably upon the above petitions if the financial conditions of the City, in its opinion, will justify the expenditure of the amounts needed therefor. Pet. of Alfred Smith to have Culvert running through Alley in Block # 120 Seventh. The petition of Alfred Smith to have a culvert running through Alley in Block No 120. Upon this petition your Committee beg leave to report, that we have thoroughly examined the same, and find a Culvert constructed partly of wood and rock, passing under this Alley, and in places this Culvert has broken through, thereby making it very dangerous for vehicles to pass over it. We also notice that by reason of the defective condition of this Culvert, the water that should pass through, flows upon the property of the petitioner, thereby causing damage to the same. Your Committee would recommend that said Culvert be at once placed in substantial repair. Pet. of Frank Brown to repair Street in front of Block 61 on East 8th St. Eighth. Upon the petition of Frank Brown to repair Street in front of Block No 61, on East Sixth Street, we beg to report, that this work has already been done. A. C. Zilker C. B. Slaight Joseph Stumpf C. F. Milchner Alain Chamber. Alderman Bowen's report on Co, [illegible] The report of the City Physician for the month of October 188[?] Alderman Fischer entered the Council Chamber. Alderman Bowen, for the Police Committee, to whom was referred the report of the City Physician, for the month of October, 188[?], presented a report, stating that the report had been examined and found correct. The report was adopted. Alderman Bowen, for the Police Committee, to whom was [illegible] --- Page break --- 712 Police Comt's report on pet. of Pat. Mason for one week's salary as Dog Warden. Alderman Cutchner, for said Committee, presented a report, recommending that he be allowed the sum of $9.33/100. The report was adopted. Ord. Comt's report on Ord. amending Section 9 of an Ord. granting right of way over the streets to M. W. W. Shipe etc. Alderman Shelley, for the Ordinance Committee, to whom was referred an Ordinance amending Section 9 of an ordinance pertaining to the right of way over the Streets of Austin to M. W. W. Shipe, etc, reported that the report was laid over to come up under the head of unfinished business. Ord. Comt's report on Ord. relating to qualifications of City Attorney & Ass't City Attorney. Alderman Shelley, for the Ordinance Committee, to whom was referred an ordinance relating to the qualifications of City Attorney, and Assistant City Attorney, made a report, which was read and laid over, to come up under the head of unfinished business. Claims & Acct's Comt's report on pet. of G. F. Hamilton regarding taxes of 1896. Alderman Blatt, for the Claims and Accounts Committee, to whom was referred the petition of G. F. Hamilton in regard to taxes, for 1896, presented a report on that part of the petition relating to the taxes for 1896, recommending that it be not granted. Alderman Zilker made a verbal report, recommending that the petition be granted. A motion to adopt the report of the majority of the Committee was lost by the following vote: Yeas Aldermen Beaty, Colvin, Haymes, Maddox, Nitschke, Blatt, Roberdeau, Stumpf, Saylor, and Townsend. 10. Nays Aldermen Fischer, Horton, Lawless, Linn, Miller, Powell, Pressler, Rosengren, Schneider, Shelley, and Zilker 11. Claims & Acct's Comt's report on pet. of G. F. Hamilton regarding taxes of 1897. Alderman Blatt suggested the report of the committee recommending that the petition of G. F. Hamilton, in regard to his taxes for 1897 be granted, and that the Assessor and Collector be and is hereby authorized to make the deductions as prayed for in the petition. The Mayor suggested that the adoption of the report would not be sufficient authority for the Assessor and Collector to act, but that it would require a resolution or ordinance to authorize him to make the changes, and further suggested that the matter be passed for the present to allow time for the resolution or ordinance to be prepared. Com. on Claims & Acct's report on pet. of L Eck regarding City Taxes for 1896. Alderman Blatt, for the Claims and Accounts Committee, to whom was referred the petition of L Eck, asking that he be allowed to compromise the judgment owned by the City Council in regard to City taxes for 1896, he having failed to accept the compromise within the time prescribed, presented a report recommending that the petition be not granted. A motion to adopt the report was lost by the following vote: Yeas Aldermen Colvin, Haymes, Lawless, Maddox, Blatt, Roberdeau, Shelley, Stumpf, Saylor, and Townsend. 10. Nays Aldermen Beaty, Fischer, Horton, Linn, Miller, Powell, Pressler, Rosengren, Schneider, Zilker, and The Mayor 11. Claims & Acct's Comt's report on pet. of N. Owens for refund of $1.65 taxes overpaid. Alderman Blatt, for the Claims and Accounts Committee, to whom was referred the petition of N. Owens, asking that the sum of $1.65 be refunded, it being an overpayment of taxes, presented a report which was adopted, recommending that the sum of $1.65 be refunded. --- Page break --- 713 Resolution regarding pet. of G. F. Hamilton's taxes for 1896. Resolution amended by adding names of L. Eck Ord. to amend Sec. 9. of Ord. passed Aug. 26th 1891 Resolution requesting the A. R. T. R. R. Co. not to "haul" Lunatics on [illegible] recommending that the petition be granted. The report was adopted. Alderman Zilker offered the following resolution: Be it resolved, by the City Council of Austin, that the petition of G. F. Hamilton as to his taxes for 1896, be granted by accepting the compromise recommended as fixed by the Special Committee of the City Council, and that the City Attorney be instructed to make a proper adjustment of the matter. Alderman Fischer moved to amend the resolution by inserting the name of L. Eck, after that of G. F. Hamilton. The amendment was adopted, and the resolution as amended was then adopted, by the following vote: Yeas Aldermen Beatty, Fischer, Horton, Miller, Nitschke, Powell, Press: Rosengren, Schneider, Shelley, Townsend and Zilker 11. Nays Aldermen Belvin, Haynes, Lawless, Linn, Maddox, Platt, Roberdeau, Stumpf and Taylor 10. Unfinished Business The Mayor laid before the Council an ordinance to amend section 9 of an ordinance passed August 26th 1891, and approved August 26th 1891, to amend and condense into one ordinance, an ordinance pertaining to the right of way over the Streets of Austin, to M. M. Shipe, his associates and assigns, which inured to the benefit of the Austin Rapid Transit Railway Company. The City Attorney was asked to pass upon the legality of the proposed amendment to the ordinance, but asked to be excused, he being the attorney for the Rapid Transit Company, and suggested that the Council employ some competent attorney in the City at his expense, to pass upon the question. The Mayor called Alderman Linn to the chair, and asked to be excused on account of indisposition, which request was granted. Alderman Beatty moved, that the City Attorney be requested to give the Council the law on the question. Alderman Maddox moved as an amendment, that the wishes of the City Attorney be adhered to. The amendment was lost by the following vote: Yeas Aldermen Belvin and Maddox 2. Nays Aldermen Beatty, Fischer, Haynes, Horton, Lawless, Linn, Miller, Nitschke, Platt, Powell, Press, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 19. The motion of Alderman Beatty was then adopted. Alderman Belvin offered the following resolution to the ordinance: "Resolved, That the Austin Rapid Transit Railway Company be requested to discontinue hauling Lunatics, on any of its lines in the City of Austin." Upon motion, the resolution was laid upon the table. A motion was then made to lay the ordinance on the table, which motion was carried by the following vote Yeas Aldermen Belvin, Fischer, Haynes, Lawless, Linn, Maddox, Miller, Platt, Powell, Press, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 18. Nays Aldermen Beatty 1. --- Page break --- 714 Nays, Aldermen Horton, Roberdeau and Schneider. 3. Ord. Com's report on an Ord. regarding eligibility of City Atty & Asst City Atty to act for other com'tees The Ordinance Committee's report on an ordinance regarding the eligibility of the City Attorney and Assistant City Attorney was read; also the Committee's substitute for the ordinance. Alderman Taylor moved that the ordinance and substitute be laid on the table, which motion prevailed by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Ridd, Rosengren, Stumpf, Taylor and Zilker - 15. Nays Aldermen Haynes, Roberdeau, Schneider, Shelley & Townsend. 5. New Business. Ord. appropriating $200 to pay for Extra Street Labor An ordinance appropriating $200 to pay for Extra Street Labor: The ordinance was read first time, and on motion the rules was suspended and the ordinance placed on its second reading by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Ridd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 21. Nays None. The ordinance was read second time. Ord. amended by making it $300 instead of $200 Amendment lost Alderman Powell moved to amend the ordinance by striking out $200 and inserting in lieu thereof the sum of $300 Upon motion the amendment was lost. Ord. amended by making it $250 instead of $200 Alderman Shelley moved to amend the ordinance by striking out $200 and inserting $250 in lieu thereof, which amendment was adopted. The ordinance as amended, was then passed, under suspension of the rules by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Linn, Maddox, Miller, Nitschke, Platt, Powell, Ridd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker- 20. Nays Alderman Lawless - 1. Ord. ordering an Election on Monday, Dec. 6 1897, for City Officers The Chair laid before the Council an ordinance ordering an election on Monday, December 6th 1897, for the following City Officers, viz: Mayor, three members of the Board of School Trustees, two members of the Water & Light Commission and Eleven Aldermen. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Ridd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 21. Nays None. Reso. directing Water & Light Com to prevent freezing of Fire Hydrants Alderman Haynes presented the following resolution which was adopted. Whereas, The Fire Hydrants are now being flushed without the use of hose, thereby causing great damage to streets, be it Resolved, by the City Council of the City of Austin, that the Water and Light Commission be and is hereby instructed to connect with said hydrants, hose, as required by an ordinance of the City, approved November 16th, 1896, requiring the Water and Light Commission to connect with said hydrants as per resolution of the City Council, passed Oct 17. '96. --- Page break --- 715 the use of hose when flushing the Hydrants, and that they be respectfully requested to comply with said resolution. Ord. appropriating $78 to pay By Alderman Townsend. An ordinance appropriating the sum of $78 to Drivers of Street Teams. pay Salaries of Drivers of Street teams, for the month of November 1897. The ordinance was passed, under suspension of the rules, by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 21. Nays None. Ord. appropriating $210 to pay By Alderman Townsend. An ordinance appropriating the sum of $210 Aldermen salaries for Nov. to pay Salaries of Aldermen for the month of November 1897. The ordinance was passed under suspension of the rules, by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor, Townsend and Zilker 21. Nays None. Ord. appropriating $341.51 By Alderman Townsend. An ordinance appropriating the sum of to pay Approved Accts $341.51 to pay approved accounts Street Department. Street Dep't The ordinance was passed, under suspension of the rules, by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker 20. Nays None. Ord. appropriating $2572.76 By Alderman Townsend. An ordinance appropriating the sum of to pay Approved Accts. $2572.76 to pay approved accounts. 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 Beaty, Belvin, Fischer, Haynes, Horton, Lawless, Linn, Maddox, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Schneider, Shelley, Stumpf, Taylor and Zilker. 19. Nays None. The ordinance was read second time. Ord. amended by adding Alderman Powell, moved to amend the ordinance, by adding the the am'ts of $9.33 + $1.65 amount of $9.33 to pay claim of Hal. Mason. The amendment was adopted. which was adopted. Alderman Maddox, moved to amend the ordinance, by adding the amount of $1.65 to pay N. Ankenman for taxes erroneously paid. The amendment was adopted, and the ordinance, as amended, was passed, under suspension of the rules, by the following vote: Yeas Aldermen Beaty, Belvin, Fischer, Haynes, Horton, Lawless, Linn, Miller, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker. 19. Nays Aldermen Maddox and Schneider 2. On motion the Council adjourned. R. C. Johnson City Clerk.