Minutes of a Regular Meeting of the City Council. Austin, Texas, January 02, 1899. Hon. T. M. Maddox, President of the Council, presiding. Roll called. Present Aldermen Brady, Brooker, Fehr, Fischer, Groos, Haynes, Kuhn, Maddox, Miller, Morris, Nitschun, Powell, Pratt, Shelby, Stumpf and Walker 16. Absent. Aldermen Beaty, Belvin, Horton, McLemore, Rosengran and Zilker 6. Minutes approved. The minutes were approved as recorded without reading. Petitions, Memorials, &c. Pet. of Amelia Brass The Chair laid before the Council, a petition from Amelia Brass, regarding Taxes regarding Taxes which was read, and on motion, was laid upon the table. Aldermen Belvin, Rosengran and Zilker entered the Council Chamber. Pet. of Trustees of The Chair laid before the Council the following communication: Austin Public Schools The undersigned owners of property abutting the Public Square, situated between & property owners Blocks 113, 114 and 110, desirous of having the said Public square improved and at Blocks 113,114 ornamented by the erection of a High School building, by the Board of Trustees &110 for pet to Legislature of the Austin Public Schools, hereby join the said Board of Trustees in, a regarding petition to the 26th Legislature of Texas to pass a law, authorizing the use of said High School building Public Square for such purpose, and waive any vested rights we may have as on Pub. Square purchasers and owners of said property to retain said square for a Public Park. Signed, Mary Eggleston by L.N. Goldbeck, her Attorney in fact. Alfred Smith, Sabine Schwob, A. Dens, Johnny Orsay, Reuben W. Ford, and Janet Downie, owners of said lots. Council joined in Alderman Haynes moved that the Council join in the petition asking the above petition Legislature to pass the law asked by the School Board, which motion prevailed unanimously. City Officer Reports Reports of City Officers. The Chair laid before the Council the Reports of the City Officers for the month of Dec. 1898, which on motion, were referred to their appropriate Committees without reading. The following is a synopsis of the reports: By the Assessor and Collector. Assessor & Collector To Collections as follows: Amount of General Revenue Tax $4761.66 " " Interest & Sinking Fund W&L Bonds 779.80 " " " " Old Bonds 244.44 " " School Tax 1080.64 Total Collections $9765.57 Referred to Finance Committee. By the City Clerk. City Clerk Total Amount of Warrants drawn during the month, to & General Fund $4708.97 Referred to Finance Committee. By the City Treasurer. Balance Dec. 1st 1898, Account of General Fund. $1153.52 " " Interest on Old Bonds 1708.11 Receipts during the month " Ad Valorem Tax 3584.50 " " License 441.51 " Fines in Recorders Court 164.10 --- Page break --- 104 City Treasurer's Report. Balt. Brot. Forward $17379.71 Receipts during the month % of Interest on Old Bonds 249.47 " " " " " "Miscellaneous 367.89 Total Collections and Balances $17947.07 Disbursements Paid Expressage and Interest, on Bonds purchased $ 6.20 " Warrants for Dec. 1898 2008.53 Balance Account of General Fund 14790.65 " " " Interest on Old Bonds 1641.69 $17947.07 Interest and Sinking Fund Water and Light Bonds Balance Dec. 1st 1898, Account of Interest Fund $ 18000.00 " " " " " "Sinking 169.18 Receipts from Fred Skerzing Assessor & Collector. 4779.80 " " " Water & Light Commission 8000.00 Total Receipts and Balances $28938.98 Disbursements Paid Coupons due January 1st 1899 $22187.50 Balance Account of Interest Fund 6000.00 " " " "Sinking " 75148 $28938.98 Earnings Fund. Balance Dec. 1st 1898. $ 9127.43 Received from Superintendent Patterson during the month 7432.69 $16560.12 Disbursements Paid Warrants during Dec. 1898. $11888.12 Balance January 2nd 1899. 4672.00 $16560.12 Referred to Finance Committee City Marshal City Marshal Total fines assessed in Recorder's Court 760.00 Paid in Cash $100.75 Worked out 83.50 Carried forward 91.75 Escaped 15.00 New Trial and acquittal 10.00 $760.00 Collected on back fines 8.30 Found fees for Dec. 17.50 Total number of Arrests during the month 45 Referred to Police Committee. City Physician By the City Physician. Total number of Patients in Hospital Dec. 1st 1898 22 " " " " received during " " 19 " " " " dismissed " " " 12 " " " " died, " " " 2 " " " " remaining " 31st " 27 " " " Visits to Patients " " 118 " Prescriptions To Patients " " 183 One case of Diphtheria reported. Referred To Hospital Committee. --- Page break --- 105 City Sexton By the City Sexton. Total number of death during the month 19 White 16 Mexican 1 Colored. 3 Male 10 Female 10 Still born 1 Referred to Cemetery Committee. City Engineers Report The City Engineer reported that in accordance with a resolution of the Council, he on Sale of [illegible] had sold two of the City Mules, for the sum of Eighty Dollars, and had deposited that amount with the City Assessor and Collector. The report was ordered filed. City Attorney's report The following communication from the City Attorneys was read: on Block known as Alliance Cotton Yards Hon. John D McCall. January 2nd 1899. Mayor of the City of Austin. Dear Sir:- In reference to the question raised at the last meeting of the City Council as to its powers over the Block of ground heretofore occupied as a place for storing Cotton, and known as the "Alliance Cotton Yards," and referred to me for investigation, I have to report, 1- That I have examined the official map of the City of Austin, on file in the General Land Office, and find that there are Four Blocks thereon designated by the word "Square," this being one of the number. Other Blocks and fractional Blocks, appear under the designations of "Court House" "Jail" "University" "Academy" "Church" and the like, and the remainder were cut up into lots and bear numbers. 2nd. In the case of the State of Texas vs. Travis County, 85 Texas 435, the Supreme Court decided that when Travis County abandoned the Block which it had used for its Court House and Jail, the property reverted to the State, but a distinction was drawn between Blocks marked Court House and Jail and those that were dedicated as Public Parks. As to these, it was held, that as the State had sold lots with reference to the map showing that they were dedicated to general public use, it could not divert them to a different use! In this case, the general rule, that an adjacent lot owner, could enjoin any attempt to use them for a purpose foreign to their original dedication was recognized. 3rd Our present Charter does not expressly commit to the City the supervision of these Public Squares, and while I am of opinion, that the City could not sanction the use of them for private purposes against the protest of any abutting property owner, I doubt whether it has any authority over them whatever. Yours truly, C.B. Lockhart, City Atty. Alderman Haynis moved that the report be received and filed, which motion prevailed. [illegible] Alderman Haynes offered the following resolution, which was made and adopted: [illegible] Resolved, That the report of the City Attorney, in regard to the Block now occupied by [illegible] the Alliance, be received, and that the Block be declared Public property of the City of Austin, and the use of same, by any person or persons, be subject to the order of the Mayor and the City Council. --- Page break --- 106. Alderman Deaty entered the Council Chamber. New Business. Ord. appro'g $12000 By Alderman Groos: An ordinance appropriating the sum of $12000.00 to pay the Third and to pay 3d & last instill last installment of the judgement against the City, by E.C. Bartholomew, Receiver, etc. ment of jud. gainst The ordinance was passed under a suspension of the rules by the following vote: recover'd by E.C.Barthol Yeas Aldermen Deaty, Delvin, Grady, Brooker, Fehr, Fischer, Groos, Haynes, Kuhn, Maddox, omew, Receiver, etc. Miller, Morris, Nitschke, Powell, Reed, Rosengren, Shelley, Stumpf, Watson and Zilker 20. Nays None. Ord. Appro'g $61.88 to By Alderman Haynes: An ordinance appropriating the sum of $61.88 to pay Harry pay H. Montgomery Montgomery for extra services. for Extra Services The ordinance was passed under a suspension of the rules by the following vote: Yeas Aldermen Deaty, Delvin, Grady, Hooker, Fehr, Fischer, Groos, Haynes, Kuhn, Maddox, Miller, Morris, Nitschke, Powell, Reed, Rosengren, Shelley, Stumpf, Watson & Zilker 20. Nays None. Communication from The Chair laid before the Council a communication from Frank E. Scoville, Supt. of F.E.Scoville,Supt.AU the Austin Rapid Transit Railway, tendering a Special Car for use of the Council T.R. tendering Special attending the Annual New Years Ball, to be given by East Austin Hose Co. No. 4. on Car to Council the night of January 2nd, 1899. On motion the tender was accepted by the Council with thanks. Bill from W.W.E.L & The Chair then laid before the Council a bill from the Water Works & Electric Light Power Plant and Power Plant of the City, for Water & Light furnished to Dec. 31st 1898, also a Bill from Au.W.L.&P bill from the Austin Water, Light & Power Co. for Water, claimed to have been furnished Co. the City for the 6 months ending Dec. 31st 1898. The bills were both referred to the Water & Light Committee. Resolution directing Alderman Nitschke offered the following resolution, which was read and adopted: City Marshal to Be it procure photo of Ex Resolved, by the City Council of the City of Austin; Mayor Hancock to That the Marshal be directed to procure a Photograph of Ex-Mayor Lewis be placed in City Hall Hancock, to be placed in the City Hall. On motion, the Council adjourned. Jno. O. Johnson City Clerk.