789 Minutes of a Regular Meeting of the City Council, Austin Texas, April 18, 1898. Hon. D.W. Carr, Mayor, presiding. Roll Call. Present Aldermen Austin, Cooney, Haynes, Hughes, McLamore, Morris, Black, Powell, Rossinyren, Shelley, Taylor, Townsend and Zilker, 13. Absent Aldermen Belvin, Fischer, Horton, Kahn, Miller, Kitsche, Slaton, Roberdeau and Stumpf, 9. Alderman Taylor moved that the Council take a recess of 10 minutes which motion prevailed. After recess the Council was called to order. Alderman Horton and Roberdeau entered the Council Chamber. Minutes of previous meeting adopted as recorded Alderman Taylor moved that the minutes of the last meeting be approved as recorded without reading. Carried. Aldermen Kitsche, Belvin, Miller and Stodd entered the Council Chamber. Petitions, etc. Pet. of Geo F. Boswell to have certain Pound fees refunded. By Alderman Beatty. Petition of Geo. F. Boswell to have certain Pound fees refunded. On motion of Alderman Beatty Mr. Boswell was invited to make a statement explaining the petition. Alderman Stumpf entered the Council Chamber. Alderman Scott moved that the amount of $25.00 be refunded to Mr. Boswell, being the amount collected by the City for Pound fees paid by him, and that a Special Committee of 3 be appointed to investigate charges made for Pound fees charged, which motion prevailed, and the Mayor appointed Aldermen Scott, Horton and Morris, as the Committee. Communication from Travis Co Medical Ass. asking City Council to invite Texas Med- ical Ass. to hold next Annual Meeting in this City. By Alderman Morris. A communication from Drs. M. M. Smith, Everitt and S. E. Hudson, stating that they had been appointed by the Travis County Medical Association, a committee to advocate the City Council and ask their co-operation in securing for this City, the Annual Meeting of the State Medical Association for 1899, and asking the Council to extend an invitation to said Association through the Delegates from this County to hold its Annual Meeting in this City in 1899. On motion the Mayor was directed in the name of the City Council, to extend an invitation in accordance with the communication. Pet. of Morris Givens ask- ing authority to redeem certain property from tax sales The Mayor laid before the Council, a petition from Morris Givens asking authority to redeem certain property from Tax sales. On motion the petition was referred to the Claims and Accounts Committee. Reports of City Officers. City Clerk reports on accts of Wm. S.L. Baker Co. F, Texas Vol. Gds. The Mayor laid before the City Council a report from the City Clerk on accounts of Wm. S.L. Baker, showing that he is indebted to the City in the sum of $90.17 for money collected and not turned over to the City, and that his bondsmen are good for said sum. --- Page break --- 790 City Atty's report on pet. of Jno. B & Ray 'Mc' Donald. City Clerk's report on bids received for Bonds for Sinking Fund L A Coquards bid for sale of $13 000 Bonds for Sinking Fund Resolution directing Mayor & Finance Com. to purchase 13 W & L Bonds Police Com's. report on City Marshal's reports for March 1898. Ord. & Street Com's. report on Ord. granting H & T.C. Ry Co. right-of-way to lay certain side tracks. Ord. & Grade reports on Ord granting right-of-way to San Antonio & Aransas Pass R.R. Co., and Aus & N. W. R. R. Co., and On motion of Alderman Taylor, the report was re-committed to the City Attorney with the request that he obtain from the Assessor and Collector a list of all persons effected by said report, and report back to the Council. The Mayor then laid before the Council the report of the City Attorney on the petition of C. Jno. Band, & Ray 'Mc' Donald, asking the City to lease to them a part of what is known as "River Walk" stating that he was of the opinion that the petition should not be granted. The report was adopted. The City Clerk reported that in accordance with the resolution of the Council, he had written holders of Water & Light Bonds asking for bids to furnish $70,000.00 bonds for the Sinking Fund, and that he had received only one bid, which was as follows:St. Louis Mo. April 12th 1898. Jno. O. Johnson, City Clerk. Dear Sir:- Your favor of the 6th inst. received in due time, contents noted. In response to same I offer you $13,000.00 Austin Texas Water Works and Electric Light 5s known as Dam Bonds of the issue of 1890, due 1930, Price 102 1/2 and interest deliverable and payable at Laclede National Bank, St. Louis, Mo. This proposition must be accepted by wire Saturday. Respectfully L. A. Coquard Alderman Taylor offered the following resolution: Resolved, that the Mayor and Finance Committee be, and they are hereby directed to purchase Thirteen Water & Light 5% Bonds of the City of Austin, at a cost not exceeding 102 1/2 and accrued interest. Alderman Maddox offered as a substitute for the resolution a motion that the matter be deferred until the next regular meeting. The substitute was adopted. Alderman Powell for the Police Committee, to whom was referred the reports of the City Marshal for March 1898, presented a report stating that the reports had been examined and found correct. Report adopted. Alderman Shelley for the Ordinance and Street Committees to whom was referred the ordinance granting to the H & T. C. R. R. Company right-of-way to lay certain side tracks in the City, presented a report, recommending the passage of the ordinance, with an amendment. The report was adopted. A motion was made to suspend the regular order of business and pass up the ordinance granting right-of-way, etc., to the H. & T. C. R. R. Co., which motion was lost. Alderman Shelley for the Ordinance Committee to whom were referred an Ordinance granting to the S. A. & A. P. Ry. Co., and Austin & N. W. R. R. Co., and [illegible] --- Page break --- 791 Helderman & Co, to build & operate a Railroad Track. a Rail Road Track over certain Streets of the City, presented a report, recommending that the Ordinance do not pass. Alderman Morris moved to adopt the report of the Committee, and asked that Mr. A. S. Luck, a citizen near the proposed line of R.R. be permitted to make a statement to the Council. After statement by Mr. Luck, a vote was had on the motion to adopt the report of the Committee, and the motion was lost by the following vote: Yeas Aldermen Horton, Maddox, Morris, Nitschke, Dowell, Redd, Robendreau, Shelley, and Townsend. 9. Nays Aldermen Audry, Bibb, Erwin, Crooker, Hayness, McLemore, Miller, Platt, Rosengarten, Stumbs, and Taylor. 10. Alderman Silver was excused from voting. Claims & Accts. Com'te report on Claim of J. S. Myrick. Alderman Platt, for the Claims and Accounts Committee, to whom was returned the a/c of J. S. Myrick, City Treasurer, for Commissions exchanged etc, in payment of interest on Bonds, presented a report, recommending the payment of the a/c. On motion the report was adopted. Alderman McLemore for the Printing Committee, presented the following report: Printing Com'te report on bids for Newspaper Printing Austin, Texas April 18th 1898. To the Hon. John D. McCall, Mayor, and Board of Aldermen of the City of Austin. Gentlemen: Your Committee on Printing, to whom was returned the bid of the Statesman Publishing Company to publish the Council proceedings etc, with instructions to advertise for new bids, have complied with said instructions, and have received bids from the following papers: The Daily Statesman, The Evening Tribune, The Evening News, and the Texas State Democrat. Your Committee requests that the different bids be read before this Council, and recommend that that of the Evening News be accepted, that paper agreeing to print the proceedings and any other matter the Council may wish to publish at low twenty fourth of one cent per word each insertion, which is considerably lower than any of the other bids. Your Committee would also recommend, that the paper awarded the contract be required to give a good and sufficient bond in the sum of Five Hundred Dollars ($500.00) to be approved by the Mayor, for a faithful compliance with the terms of its contract. (Signed) Will. McLemore W.W. Bibb C.O. Crooker Committee Alderman Townsend moved that Division of the report be had. On a motion of Alderman Nitschke a substitute was moved to postpone consideration of the report for one month. The substitute was lost by the foll --- Page break --- 792 Mayors veto message of an Ordinance "to amend Articles 4 & 9 of Chap. 5 Title 1 of Revised Civil Ordinances Following vote: Yeas Aldermen Beatty, Haynes & Horton. 3. Nays Aldermen Delevie, Crooker, Maddox, McClatchy, Platt, Powell, Redd, Roberdeau, Ro- binson, Browning and Selvin. 12. The report of the Committee was then adopted On unfinished business: The Mayor laid before the Council the following veto message, which was read: Mayor's Office, Austin, Texas, Apl 11th 1898. To the Honorable City Council: Gentlemen: I herewith return to you an ordinance passed by you on April 4th 1898, entitled, "An ordinance to amend Articles 4 and 9 of Chapter 5, Title 1 of the Revised Civil Ordinances of the City of Austin," with my disapproval of the same, and my reasons therefor as follows: The ordinance proposes to repeal the following provisions in the law: "Provided, however, that in no case shall any warrant be issued by the Mayor, or the City Treasurer, unless the appropriation for the specific purpose of paying the same shall have been previously made by the City Council, and unless the Mayor shall have received information in writing from the City Treasurer, that there is sufficient money in the treasury exclusive of all amounts otherwise specifically appropriated by ordinance to pay such warrant." This in my opinion, is a wise and wholesome provision in the law, and should not be disturbed. It acts as a check or reminder that we must keep our expenditures within our income, and this fact cannot be emphasized too much. We, as the Agents of the people, should administer their affairs economically, and give a strict and accurate account of how we are spending their money, and in doing this, we should have all the safeguards necessary, to help us in accomplishing this end. We are oppressed most emphatically in contracting debts that we do not see our way clear to pay. For this reason and others that could be urged, I am opposed to the measure. Respectfully, Jno. D. McCall, Mayor Vote on passage of ordinance The question was then put: Shall this ordinance pass notwithstanding the objections of the Mayor, and the vote was as follows: Yeas, None Nays Aldermen Beatty, Delevie, Crooker, Maddox, McClatchy, Platt, Powell, Redd, Roberdeau, Robinson, Browning and Selvin. 12 --- Page break --- 793 H. & T. C. R.y Co. Ord. granting right-of-way. Ord. granting right-of-way to build Ry track to Lone Star Ice Co &c. Postponed 'till next regular meeting Bill from W. Wks & E Lt Power Plant, for Water & Light Resolution directing City Engi- neer to dispose of old lumber taken from East Austin Fire Hall Resolution extending thanks of Council to Evening Tribune management. Lost. McLemore, Miller, Morris, Nitschke, Platt, Powell, Bidel, Roberdeau, Rosengren, Shelley, Stymnler, Taylor, Townsend and Zilker 20. The Mayor then laid before the Council, an ordinance granting to the H. & T. C. Ry Co. thy right-of-way to lay certain side tracks in the City of Austin. The Ordinance was read second time. On motion of Mr. Shelley, the rules were suspended, and the ordinance placed upon its 3rd reading and final passage, by the following vote: Yeas, Aldermen Beatty, Belvin, Crooker, Haly, Maddox, McLemore, Miller, Morris, Nitschke, Platt, Powell, Bidel, Roberdeau, Rosengren, Shelley, Stymnler, Taylor, Townsend and Zilker 20. Nays Aldermen Horton 1. Said ordinance was then read a third time and passed. The Mayor then laid before the Council, an ordinance granting to the Lone Star Ice Co., the Austin Gas Light and Coal Co and others, the right to build, maintain and operate a single line of railroad, on certain Streets in the City. Alderman Morris moved to postpone action on the ordinance until the next regular meeting, which motion prevailed by the following vote: Yeas, Aldermen Horton, Maddox, Miller, Morris, Nitschke, Platt, Powell, Bidel, Roberdeau, Shelley and Townsend 11. Nays Aldermen Beatty, Belvin, Crooker, Haynes, McLemore, Rosengren, Stymnler and Taylor 8. New Business The Mayor laid before the Council, a bill from the Water Works, Electric Light & Power Plant of the City of Austin, for Water and Light and Power for the past 12 months, amounting to $114,964.20 On motion of Alderman Powell, the bill was refered to the Water and Light Committee. Aldermen McLemore and Townsend were excused from further attendance at this session of the Council. By Alderman Roberdeau, a resolution authorizing the City Engineer to dispose of the old lumber taken from the Hale East Austin Hose Co., to Messrs. Dill and Kuhn, for the sum of $7.00. The resolution was adopted. By Alderman Haynes, a resolution that the thanks of the Council be extended to the management of the Evening Tribune for making it possible for the City, to have the official proceedings printed, exhaustively free, as a matter of news. The resolution was lost by the following vote: Yeas, Aldermen Beatty, Haynes, Horton, Platt, Bidel, Rosengren, Taylor and Zilker 8. Nays, Aldermen Belvin, Crooker, Maddox, McLemore, Miller, Morris, Nitschke, Powell, Roberdeau, Shelley and Stymnler 10. Council is now engaged in the consideration of various resolutions. Business on the Calendar was then taken up. On motion of [illegible] the Council adjourned --- Page break --- 794 in the City Cemetery, by theft of flowers, plants, vessels, etc, from graves, and also on account of said Cemetery being opened, apparently by all persons, therefore be it Resolved, that the Cemetery Committee, be requested to make diligent enquiry into above matters, and to suggest how the Cemetery can be better policed, and the owners of lots protected in their rights and to report. The resolution was adopted. Ord. appropriating $640.00 to pay Salaries of Two drivers of Street Teams from Apl. 1st to Nov. 30th '98. By Alderman Morris. An ordinance appropriating the sum of $640.00 to pay Salaries of Two drivers of Street Teams, from April 1st to Nov. 30th 1898. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Belvin, Crooker, Haynes, Horton, Maddox, Miller, Morris, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Shelley, Stump, Taylor and Zilker 18 Nays None. Ord. appropriating $2756.91 to pay Salaries of Officers & Employes from Apr 1st to Nov. 30th 1898. By Alderman Morris. An ordinance appropriating the sum of $2756.91 to pay Salaries of Officers and Employes from April 1st to Nov. 30th 1898. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Belvin, Crooker, Haynes, Horton, Maddox, Miller, Morris, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Shelley, Stump, Taylor and Zilker 18 Nays None. Ord. appropriating $1260.00 to pay Salaries of 4 Drivers of Sanitary Carts from April 1st to Nov. 30th 1898. By Alderman Morris. An ordinance appropriating the sum of $1260.00 to pay Salaries of four drivers of Sanitary Carts from April 1st to Nov. 30th 1898. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Belvin, Crooker, Haynes, Horton, Maddox, Miller, Morris, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Shelley, Stump, Taylor and Zilker 18 Nays None. Ord. appropriating $34.50 to pay for Extra Street labor for months of Jan & Feb-1898. By Alderman Nitschke. An ordinance appropriating the sum of $34.50 to pay for extra Street labor, for the months of January and February 1898. The ordinance was passed under suspension of the rules by the following vote: Yeas Aldermen Beaty, Belvin, Crooker, Haynes, Horton, Maddox, Miller, Morris, Nitschke, Platt, Powell, Redd, Roberdeau, Rosengren, Shelley, Stump, Taylor and Zilker 18 Nays None. Ord. authorizing redemption of Real Estate sold for taxes under judgment of Dist. Court and bid in by the City. By Alderman Shelley. An ordinance authorizing the redemption of Real Estate, lands or lots for taxes under judgment of the District Court and bid in by the City of Austin. The ordinance was read first time. Alderman Crooker moved that the Council do now resolve itself into Committee of the whole to consider said ordinance, motion prevailed. The ordinance was taken up, considered, and on motion of Alderman Belvin reported back to the Council with amendments, which were adopted. The ordinance was read second time and passed by the following vote: Yeas Aldermen Beaty, Belvin, Crooker, Haynes, Horton, Maddox, Miller, Morris, Nitschke, Platt, Roberdeau, Rosengren, Shelley, Stump, Taylor and Zilker 16. Nays Aldermen Powell and Redd 2. Alderman Crooker moved that the rules be suspended and the ordinance be placed upon its third reading and final passage, which motion prevailed by the following vote: Yeas Aldermen Beaty, Belvin, Crooker, Haynes, Horton, Maddox, Miller, Morris, Nitschke, Platt, Roberdeau, Rosengren, Shelley, Stump, Taylor and Zilker 16. Nays Aldermen Powell and Redd 2. The ordinance was read third time and passed. --- Page break --- 795 Shelley and Saylor. 8. Geo. A. Johnson City Clerk