34 Minutes of a Regular Meeting of the City Council. Austin, Texas September 05, 1898. Hon. W. D. Shelley, President of the Council, presiding. Roll called. Present, Aldermen, Belvin, Crooks, Haymes, Horton, Maddox, McLemore, Miller, Morris, Nitsche, Platt, Powell, Redd, Roos, Snodgrass, Spengler, Shelley, Stumpf, Taylor, Townsend, and Zilker. 18. Absent, Aldermen, Beaty, Fischer, Kuhn, and Roberdeau. 4. Minutes appd without reading On motion, the minutes were approved as recorded without reading. Recorder Carleton granted leave of absence On motion, Recorder Carleton was granted leave of absence from Sept. 14th to Sept. 30th 1898. Reports of City Officers. Reports of City Officers referred to Com's. The Chair laid before the Council the reports of City Officers for the month of August 1898. The reports were referred to their appropriate Committees without reading, except the report of the City Treasurer, which was read. The following is a synopsis of the reports: Assessor & Collector By the Assessor and Collector. Total Collections as follows: From General Revenue Tax $1807.92 " Interest and Sinking Fund, Water & Light Bonds 272.08 " " " " " Old Bonds 32.06 " School Tax 128.97 Total Collections $2241.03 Referred to the Finance Committee. City Clerk By the City Clerk. Total amount of Warrants drawn against the General Fund during the month. $16320.96 Referred to the Finance Committee. City Treasurer By the City Treasurer. Balances on hand Aug. 22nd 1898. Account of General Fund $ 1744.65 " " Interest and Sinking Fund Old Bonds 5133.69 " " 20% General Fund 6618.00 Receipts Account Ad Valorem 22657.91 " " License Tax 950.70 " " Miscellaneous 735.69 " " Fines of Recorder's Court 153.00 " " Interest and Sinking Fund Old Bonds 3679.32 " " 20% General Fund 4100.00 " " Transferred by order of City Council. 982.52 $46755.48 Disbursements Paid Warrants for August 13218.89 Balance Account of General Fund 14223.58 " " Int. & Sinking Fund Old Bonds 8813.01 $46755.48 --- Page break --- 45 Interest and Sinking Fund-Water and Light Bonds. Balance Aug. 2nd 1898. Account Interest Fund $ 6941.79 " " " " Sinking " 6000.00 Receipts during August 1898. 25310.61 ---------- $38252.40 Balances Sept 2nd 1898 Account of Interest Fund $28252.40 " Sinking " 10000.00 $38252.40 Earnings Fund Balanced Aug 2nd 1898 $ 4113.49 Received during the month from the Superintendent 6095.03 ---------- 10708.52 Paid Warrants during the month $ 5461.02 Balance on hand Sept. 1st 1898. $ 4747.50 $10708.52 Referred to Finance Committee. City Marshall. By the City Marshal. Total amount of Fines assessed in Recorder's Court $305.00 Paid in Cash $ 174.00 Worked out 103.50 Carried forward 27.50 305.00 Collected on back fines 13.00 Pound fees for the month 29.50 Total number of Arrests made 55 Referred to Police Committee City Physician. By the City Physician. Number Patients in Hospital Aug. 1st 1898 20 " admitted during Aug. " 17 " dismissed " " " 19 " died " " " 2 " remaining Sept. 1st " 16 " Visits to Paupers during Aug. " 39 " Prescriptions " " " " 241 " Cases Diphtheria reported " " 1 No other Contagious or infectious diseases reported Referred to Hospital Committee City Sexton By the City Sexton. Total Number of Deaths during the month 18 White 15 Colored 1 Mexican 1 Male 10 Female 7 Still born 3 Premature 1 Referred to the Cemetery Committee. Reports of Standing Committees. The report of the Water and Light Committee to whom was referred a resolution directing the Water and Light Commission to place an Arc --- Page break --- 46 Resolution requesting light at the corner of Rio Grande and West 6th Street, and one on the Georgetown road and one at the terminus of the Street Car line, near the City Cemetery, presented a report recommending the adoption of the resolution. From the same Committee presented a minority report recommending that the resolution do not pass. Alderman Zilker moved the adoption of the majority report. Alderman Maddox moved as a substitute the adoption of the minority report. Alderman Kuhn entered the Council Chamber. Alderman Haynes moved to table the motion to adopt the minority report, which motion prevailed, by the following vote: Yeas Aldermen Belvin, Fischer, Haynes, Horton, Kuhn, McLemore, Miller, Morris, Nitschke, Powell, Stumpf and Zilker. 11. Nays Aldermen Crooker, Maddox, Platt, Redd, Rosengren Shelley, Taylor and Townsend. 8. Alderman McLemore moved to adopt the majority report. Alderman Maddox moved to table the whole matter. Lost by the following vote: Yeas Aldermen Crooker, Maddox, Rosengren, Shelley, Taylor and Townsend. 6. Nays Aldermen Belvin, Fischer, Haynes, Horton, Kuhn, McLemore, Miller, Morris, Nitschke, Platt, Powell, Redd, Stumpf and Zilker. 13. Alderman Fischer entered the Council Chamber. Majority report adopted The majority report was adopted by the following vote: Yeas Aldermen Belvin, Fischer, Haynes, Horton, Kuhn, McLemore, Miller, Morris, Nitschke, Platt, Powell, Stumpf, and Zilker. 13. Nays Aldermen Crooker, Maddox, Redd, Rosengren, Shelley, Taylor and Townsend. 7. Alderman McLemore moved to reconsider the vote whereby the Council adopted the majority report of the Water & Light Committee, and that the motion to reconsider be laid on the table, which motion prevailed by the following vote: Yeas Aldermen Belvin, Fischer, Haynes, Horton, Kuhn, McLemore, Miller, Morris, Nitschke, Platt, Powell, Redd, Stumpf and Zilker. 14. Nays Aldermen Crooker, Maddox, Rosengren, Shelley, Taylor and Townsend. 6. Ord. providing for inspection of Boats on Lake McDonald Alderman Crooker for the ordinance Committee, to whom was referred an ordinance providing for the inspection of Boats used for carrying passengers on Lake McDonald and providing penalties for the violation hereof, presented a report recommending its passage. On motion the report was adopted. Fire Commissioners report on pet of Dean & Walling to erect Iron Clad Show Shed in fire limits The Chair then laid before the Council, a report from the Fire Commissioners to whom was referred the petition of Dean & Walling, asking permission to erect a Iron Clad Show Shed within the Fire limits, recommending that the petition be not granted. The report was adopted. Fire Commissioners report on pet of J.C. Hohnes for leave to build. The Chair then laid before the Council, a report from the Fire Commissioners to whom was referred the application of J.C. Hohnes for permission to erect a corrugated Iron Shed within the Fire limits, recommending that the petition be not granted. Report of Fire Com'n re-committed Alderman Taylor moved to re-commit the petition to the Fire Commissioners and that they be requested to report to the Council, their reason for recommending that the petition be not granted. Alderman Maddox moved to reconsider the vote, whereby the Council adopted the report of the Fire Commissioners upon the petition of Dean & Walling --- Page break --- 47 which motion prevailed. Alderman Maddox moved to amend the motion of Alderman Taylor, to re-commit to the Live Stock Commission the petition of J.O. Hinncs, by adding “and the petition of Dean and Walling. The amendment was accepted by Alderman Taylor, and the motion as amended was adopted. Special Comt report on pet of Scarborough & Hicks Alderman Belvin for the Special Committee, to whom was referred the petition of Scarborough & Hicks for reduction of Assessment for 1897. as fixed by the Board of Equalization, presented a report stating that since the appointment of the Committee, Scarborough and Hicks, through their Attorneys, Hogg & Robertson, had filed suit against the City, asking for an injunction to restrain the collection of the tax on said Assessment, and submitting a proposition in writing from the said Attorneys proposing to compromise said suit, and recommending the acceptance of the proposition to compromise. On motion the report was adopted. Special Comt report on Ord. granting right of way to E.A. Ellis et al. Alderman Haynes for the Special Committee to whom was referred an ordinance granting the right of way to E.A. Ellis, his associates and assigns, to construct, maintain and operate Street Railways along certain Streets in the City of Austin, presented a report and submitting a substitute ordinance and recommending its passage. The report was read and laid over to come up with the ordinance, under the head of unfinished business. Unfinished Business. Ord. Appr'a'g $10150.00 to purchase Wr & L Bonds for Sinking Fund. X The Chair laid before the Council an ordinance appropriating the sum of $10150.00 for the purpose of purchasing Water and Light Bonds for the Sinking Fund. The ordinance was read the third time, and placed upon its final passage, and was lost by the following vote: Yeas. Aldermen Boesinger, Fischer, Haynes, Horton, Kuhn, Maddox, Nitschke, Swann, and Townsend 10 Nays. Aldermen Belvin, McLemore, Miller, Morris, Blatt, Powell, Redd, Shelley, Stumple and Zilker 10. Ord. providing for Inspection of Boats carrying passengers on Lake McDonald. Ordinance read by Sections The Chair then laid before the Council an ordinance providing for the inspection of Boats used for carrying passengers on Lake McDonald, and providing penalties for the violation thereof. The ordinance was read the second time. On motion it was ordered that the ordinance be considered by sections. Section 1 was read. Alderman Belvin moved to amend by striking out the word “Annually,” and inserting in lieu thereof, the words “Semi-Annually”. Alderman Maddox moved to table the amendment, which motion prevailed. Section 2 was read. Alderman Horton moved to amend by adding after the word “fact” in line 5, the following: “and in such certificate shall specify the maximum number of persons which may be carried on said Boat. The amendment was adopted. Section 2 was read and passed. Section 3 was read. Alderman Horton moved to amend by adding after the word “same” in line 6, the following: “or who shall receive for transportation on such Boat a greater number of persons than is specified in the Inspectors certificate”. The amendment was adopted. Section 3 was read, and passed. Section 4 was read. Alderman Morris moved, to amend by inserting after the word “same” in line 8, the following: “By and with the consent of the --- Page break --- 48 City Council," The amendment was adopted Alderman Zilker moved to amend by inserting after the word "person" in line 2, the following: "And that he shall pass an examination by the Board of Marine Examiners at the nearest place where such Marine Examiners are located." The amendment was adopted. Section 6 was read. Alderman Taylor moved to fill the blank in line 4 by inserting Ten Dollars. The motion was adopted. Alderman Taylor moved to fill the second blank by inserting Five Dollars, which was adopted. He then moved to fill the third blank by inserting Two and 50/100 Dollars which was adopted. Alderman McLemore moved to indefinitely postpone the ordinance which motion was lost. Alderman Beatty entered the Council Chamber. Alderman Maddox moved to strike out line 7 in section 6. Alderman Haynes Ord. laid on table moved to lay the ordinance on the table, which motion prevailed by the following vote. Yeas. Aldermen Beatty, Haynes, McLemore, Miller, Nitschke, Platt, Powell, Redd, Rosemaen, Stumpf and Townsend. 11. Nays. Aldermen Belvin, Crooker, Fischer, Horton, Schuh, Maddox, Morris, Shelby, Taylor and Zilker. 10. Substitute Ord. granting to E. A. Ellis right of way over Streets read. The Chair laid before the Council the substitute ordinance presented by the Special Committee, granting to E. A. Ellis et. al. the right to construct Street Railways in the City of Austin. The substitute was read. Alderman Maddox moved that the ordinance lie over until the next regular meeting of the Council, and that it be published in full in the Council proceedings, which motion prevailed. The following is the ordinance: Ordinance as submitted by the Special Committee An Ordinance to be entitled "An Ordinance granting the right of way to E. A. Ellis, his associates and assigns to construct, maintain and operate Street Railways, along certain Streets and Avenues in the City of Austin". Be it ordained by the City Council of the City of Austin: Section 1. That E. A. Ellis, his successors, associates, and assigns, be and they are hereby granted the right of way, for the period of Fifty years, from the date of the passage of this ordinance, to construct, maintain and operate Street Railways, upon any Street or Avenue within the Corporate limits of the City of Austin, and on all Streets in extensions and additions to the Corporate limits of the City of Austin, under the conditions and subject to the limitations hereinafter stated. Section 2. Said Street Railway may be constructed of single or double tracks, on all Streets or Avenues on which it may run, and may run across all Railway or Street Railway tracks in the City and over all Bridges and Culverts built by the City, which the Mayor, City Engineer and Street Committee shall determine to be strong enough and wide enough to admit of such use and still accommodate the other public travel over the same. The owners of such Railway shall pay one-half of all expenses of repair and for the re-building of such Culverts and Bridges, whenever by proper authority of the City, such repair or re-building, to be necessary, and all work, and material used in such repairing, and re-building, shall be under the direction of the proper authority of the City, and when done, the owners of said Railway, shall, upon demand, pay the said --- Page break --- 19 one half of the cost thereof, provided, that when repairs become necessary by reason of any act or omission of the owners of said Railway, the same shall be made at the sole cost of the owners thereof. Section 3. Said Street Railway shall not be located upon any street, now occupied by another Street Railway Company, except that the same may be run on, and along Congress Avenue, at any point for a distance of not exceeding ______ Blocks, and on and along Pecan or Sixth Street, at any point for a distance not to exceed ______ Blocks; provided, that the said Ellis, or his successors or assigns, can arrange for a connection with, and the joint use and occupancy of the existing tracks of the Austin Rapid Transit Railway Company, by amicable agreement with said Company, for such use, or by condemnation of such right by law, if such right of condemnation exists, permission being here given by the City of Austin, to acquire such right of joint use and occupancy, within the limitations above set forth. Section 4. The tracks of said Street Railway shall be constructed of the best material obtainable for such purpose, which shall receive the approval of the Mayor and Street Committee before being laid, and the same shall be laid in the best workmanlike manner conforming to the grade of the Streets in which the same is placed, and the same shall be at all times kept in good repair, together with that part of the street between the rails, and for a distance of Two feet on either side thereof, so that the rails shall not project more than one inch above the level of the Street, and the material used in restoring the street and keeping the same in good condition for use, shall be of the best gravel used by the City generally in its Street work, and in making repairs upon said tracks, the same shall be done with all reasonable dispatch, and the Street restored to its proper condition for general travel, as soon as may be done by constant work of a full quota of laborers engaged in such work. And any failure by the owners of said Railway to keep its said track in good condition as herein required, or to keep the Street between its rails, and for the above specified distance on each side thereof, in good condition as above specified, after notice by the City Engineer to make such repairs, shall authorize the City of Austin to have such repairs made at the cost and expense of the owners of said Railway, or institute proceedings for the forfeiture of this franchise, as the City Council may elect. Section 5. The Cars on said Street Railway may be operated by Electricity, as used by either overhead or underground or storage battery system's or by endless cable, or other noiseless and safe motors, and the right is granted to locate such poles along the outer lines of the sidewalks on the Streets, and within the curbing of the sidewalks, and to place wires thereon, and to make such excavations in the Streets as may be necessary for such purpose, provided, that in making such excavations, the Streets shall be promptly restored to proper condition for use by the public, and that in placing overhead wires, the same shall conform to the elevation of other wires now in the Streets, so as to avoid contact, and such poles and wires shall be of the best material generally used for such purpose, and the same shall at all times be maintained in safe condition to the public in the use of said Streets, and provided further, that when the City Council shall determine to abolish the use of overhead wires in its Streets, the owners of said Railway shall at once remove the same, and adopt any other system in conformity to the regulation of the City Council. Section 6. The Cars on said Railway tracks shall at all times run, on a reasonable --- Page break --- 50 rate of speed, so as not to endanger the use of said Streets by the public for ordinary travel and shall be equipped with the most approved brakes and spark arresters, for the purpose of avoiding accidents, and provided with a sufficient number of competent men, to operate the same with safety to persons riding in said cars; and to the public in the use of the Streets, provided, that such cars, shall never be run on Congress Avenue or Sixth Street, at a greater rate of speed, than six miles an hour; and on other Streets, at a greater rate of speed than four miles an hour, and on curves, at a greater rate of speed, than four miles an hour. Section 7. That the tracks of said Railway, shall be located in the centre of the Streets, and the same shall be kept in grade to conform to the grade of the Streets in which the same are placed, the owners thereof, at their own expense, re-building the same so as to conform to the change in the grade of the Street, as adopted and made by the City, and in case the City shall determine to pave any Street, in which the tracks of said Railway may be laid, the owners thereof, shall at once at their own expense, pave that part of the Street covered by their said tracks, and for two feet on each side thereof, with the same material, and in the same manner as the remainder of the Street, and thereafter at all times maintain such pavement in good condition for ordinary travel upon and across said tracks. Section 8. That the franchises hereby granted, shall inure to the benefit of a Corporation which shall be organized by said C. A. Ellis, and his associates, under the general laws of the State of Texas, for the purpose of constructing and operating a system of Street Railways in this City; and the franchises herein con- ferred, shall not have effect, until said Corporation shall file with the City Clerk, its written acceptance of the terms of this ordinance, signed by the President of said Corporation, all of which, shall be done within thirty days from the passage of this ordinance, provided, the principal office of said Corporation, shall be kept at all times, in the City of Austin, Texas, and some Officer in charge thereof, shall be maintained upon whom service of citation and other legal process may be made under the laws of the State of Texas. Section 9. That the franchise, and all rights hereunder, shall be forfeited and become null, and of no further force or effect, unless at least one mile of said Street Railway, shall be constructed and put in operation, within Eight months after the passage of this ordinance, and that after that time the right to further extend said Railway, shall depend upon the completion and operation, of at least One additional mile each year thereafter, and that unless said Railway, shall be extended at the rate of one mile each year thereafter, the right to use the Streets of the City for such further extensions shall terminate, and all further rights of extension, shall lapse and become forfeited without the necessity of judicial ascertainment of any kind. Section 10. That the fare which may be charged for carrying persons on said Railway, shall be five cents, maximum, from any point on its line, to any other point thereon, with right of transfer from one car to another, should the owners thereof, be operating another line of cars in the City, whether upon its own track, or that of another Company, which right of transfer, shall be subject to such regulations as the City Council may, from time to time prescribe; provided minors, under five years of age, when accompanied by parents or nurse, and all Police Officers of the City, shall ride free of charge thereon. Section 11. That the franchise is granted, subject to the condition that the --- Page break --- 51 owners of said Street Railway, shall have power from the City of Austin, so long as it is operated by Electricity, provided the authorities in charge of the Electric Plant of the City, will sell power as cheaply as may be had from any other Company engaged in the sale of Electric power for such purpose, within the City of Austin. Section 12. That this franchise is granted and shall be accepted with this stipulation, that for whatever amount the owners of said Railway may owe the City of Austin for taxes, for re-building or repairing bridges or Streets, for power or for, or on account of any other debt or demand which the City may have against it, whether the same be fixed by contract or arise by reason of the failure of said owners to keep said Railway tracks, poles, wires, cars and other property in good condition, and safe to the public in the use of said Streets, whereby a cause of action may arise against the City, that the City of Austin shall have a preferred and paramount lien on all of said Street Railway tracks, cars and all and singular the property, tools and apparatus used in connection therewith, until the City shall be fully paid its said debts, and be indemnified from all loss or damage by reason of said owners defaults involving it in liability as aforesaid, which lien shall be paramount and superior to any and all mortgages, deeds of trust or other liens placed thereon by the owners thereof. Section 13. That this franchise is granted subject to all reasonable regulations which the City Council of the City of Austin may hereafter prescribe, under its powers granted by law, for the regulation of Street Railways, within the City of Austin, which right of regulation so far as may be permitted by law, and be necessary for the protection of the public is hereby expressly reserved, and the accept- ance of this franchise shall require the said Ellis his associates and assigns, to comply with the provisions of this ordinance, and such others as may be lawfully enacted on the subject, subject to forfeiture should default be made in constructing, maintaining, & operating said Street Railway in accordance therewith. New Business Resolution directing Assessor & Collector to accept from Scar- brough & Hicks taxes for 1899 Alderman Beatty, offered the following resolution: "Resolved, that the City Assessor & Collector be instructed to accept from Scarbrough and Hicks, taxes for the year 1899, as provided in their proposition of compromise, and the report of the special committee appointed to consider the same". The resolution was adopted by the following vote: Yeas, Aldermen Beatty, Belvin, Crooker, Fischer, Haynes, Hulan, Maddox, Miller, Morris, Nitschke, Powell, Reed, Rosengren, Shelby, Stumpf, Taylor, Townsend and Zilker 18. Nays Aldermen Hotchkiss, McLemore and Platt. 3 Resolution requesting W&L Commission to place hydrant on south side Colorado Bridge By Alderman Miller. Resolution requesting the Water and Light Commission to place a hydrant at the south end of the Colorado Bridge, to be used by the City for sprinkling purposes. Read and referred to the Water and Light Committee. O. to pay Mrs Miller $70 for repairing & painting Fire Hall By Alderman Miller. An ordinance appropriating the sum of $70 00/100 for the purpose of re-roofing a part of Firemans' Hall, repairing windows, and painting roof of South Austin Fire Hall. was read, and on motion made to refer to the Fire Committee, which was carried by the following vote: Yeas Aldermen Beatty, Belvin, Crooker, Fischer, Haynes, Hotchkiss, Maddox, Miller, Powell, Reed, Rosengren. 9. --- Page break --- 52 Nays. Aldermen Beaty, Belvin, Booker, Duhn, McLemore, Miller, Morris, Nitschke, Platt, Powell, Oradd, Rosengren, Stumpf, and Zilker 13. The ordinance was then passed under suspension of the rules by the following vote: Yeas. Aldermen Beaty, Belvin, Booker, Fischer, Haynes, Horton, Duhn, McLemore, Miller, Morris, Nitschke, Platt, Powell, Oradd, Rosengren, Shelley, Stumpf, Taylor, Townsend and Zilker 18. Nays. None. By Alderman McLemore. Resolved, that Hal Mason be continued in the service of the City, as Dog Catcher, during the present and succeeding month. The resolution was adopted by the following vote: Yeas Aldermen Beaty, Belvin, Booker, Haynes, Horton, Duhn, McLemore, Miller, Morris, Nitschke, Platt, Powell, Oradd, Rosengren, Shelley, Stumpf, Townsend and Zilker. 18 Nays, Aldermen Fischer, Maddox, and Taylor 3. Alderman Stumpf was excused from further attendance at this session of the Council. The Chair laid before the Council the following veto message of the Mayor. Mayor's Office Austin, Texas August 25th 1898. To the Honorable City Council. Of the City of Austin. Gentlemen: I herewith return the ordinance passed by your Honorable body on the 15th day of August 1898 entitled "An ordinance appropriating the sum of $8480.00/100 to build a bridge on West 5th Street and Congress Avenue; and West 2nd Street and Congress Avenue" with my disapproval thereof, for the reasons stated in my communication of June 30th 1898, on this same subject, and for the following additional reasons: It is true we have now in the City Treasury some $15,000.00 and may expect to get a few more thousands during the next three months. But as against this this amount the ordinary expenses of the City Government will have to be met, which will average $5000.00 per month, for the months of August, September, October, and November. So I cannot see how we will have the money to meet the expense of building these two bridges. The Streets of the City are in a very bad condition, and many of them are needing work, yet it cannot be done on account of the City's financial condition. Respectfully, Jno D. McCall. Mayor. The question was then put, shall the ordinance pass notwithstanding the Mayor's objection, and lost by the following vote: Yeas. Aldermen Beaty, Belvin, Booker, Duhn, McLemore, Miller, Morris, Powell, Oradd, Rosengren, Townsend and Zilker 12. Nays. Aldermen Fischer, Haynes, Horton, Maddox, Nitschke, Platt, Shelley, & Taylor. 8. By Alderman Nitschke: Resolved, That the City Engineer and Street Commissioner be instructed to have the necessary work done to properly drain West 6th Street, from Congress Ave. to the bridge and to properly grade, gravel, and put in thorough repair, the cost of the same to be paid for out of the sum of $2885.50 now in the City Treasury, from the sale of bonds heretofore issued to pay for the paving of Congress Avenue. This resolution was adopted, the vote on its adoption was as follows: Yeas Aldermen Beaty, Belvin, [illegible], Duhn, McLemore, Miller, Morris, Nitschke, [illegible]