120 Minutes of a Regular Meeting of the City Council Austin Texas Feby 6th 1899 Hon L M McCall Mayor Presiding. Roll Called Present; Aldermen Beaty, Brady, Crooker, Fear, Groves, Haynes Horton, Kuhn, Maddox, McLinero, Miller, Morris, Nitschke Powell, Redd, Rosengreen, Shelley, Walter, W Fischer. 19. Absent; Aldermen, Belvin, Fischer and Staniforth. 3. Minutes adopted as recorded On motion the minutes were approved, as recorded without reading, Memorials Petitions etc. Pet of Jno: B. Taylor- asking pay for small pox. household goods destroyed on a/c smallpox. By Alderman Fischer, petition of Jno: B. Taylor asking for pay for household goods destroyed in July 1896 on account of smallpox, was read and referred to Claims and Accounts Committee. Pet of E. S. Smith asking for' to erect a wooden Stairway By Aldermen Fischer, Petition of E. S. Smith to erect a wooden building within the fire limits, was read and referred to the Fire Commissioners. Pet of B, H & Maggie B "E" asking for permission to close 18th St. D to close part of 18th St. Aldermen Belvin & Staniforth entered the Council Chamber. By Alderman Maddox, Petition of B.H. & Maggie B. Hunter for permission to close 18th Street between Blocks Nos. 70 & 71 Division "E" and to open in lieu thereof a street on the south side of the Chamberlain & North half of Block No 70. Div. "E". On motion of Alderman Maddox the Petition was granted. Pet of A Cemetery Ass'n asking legislation sale of Cemetary lots. By Alderman Shelley. Petition of the Austin City Cemetary Association asking legislation in reference to the sale of Cemetary lots, lots of Cemetary in the addition to the old City Cemetary. Read once on motion referred to the Cemetary Committee. Reports of City Officers City Officers Reports The Mayor laid before the Council reports of the City Officers for the month of January 1899. On motion the reports were referred to their appropriate Committees without reading. The following is a synopsis of the reports. Assessor & Collector By the Assessor & Collector. To collections as follows, From General Revenue Taxes, $3294.30 " " Licenses Tax 991.50 " " Fines in Recorders Court 108.55 " " Pound Fees and Sales 17.50 " " Int & Costs (a/c of Taxes) 125.53 " " Travis Co (a/c Hospital) 500.00 Total Revenue " " Int & Sinking Fund No 2. Bonds $4022.38 " " " " old " 2405.78 " " School Taxes, 906.59 Total Collections, 1979.03 Total Collections. $8918.51 Referred to Finance Committee City Clk, By the City Clerk. Total amt of Warrants drawn against the Genl Fund during the month, $10.357.21. Referred to Finance Committee. City Trsr By the City Treasurer General fund. --- Page break --- 121 Balance on Hand January 3d 1899. $14,290.65 Received during the month 5,022.38 $19,313.03 Paid warrants for January 99. 19,127.67 Balance on Genl fund 3/99. 185.36 Balance on Hand January 3d 1898. on account Interest & Sinking fund old bonds $1,641.69 Received during January 99. 206.32 Balance on Hand Feby 3d 1899. $1,848.01 Balance on Hand January 3d 1899. on account Interest fund W. L. bonds 6.000.00 " " Sinking fund 761.48 Received during the month 2,405.78 $9,167.26 Balances Feby 3d 1899. a/c of Interest fund $8000.00 " " Sinking " 1167.26 $9,167.26 " " Earnings fund. Balances on Hand Jany 1st $4,727.00 Received during the Month from Dept. 7,101.65 $11,828.65 Paid Warrants during the Mo. $8280.19 Balance on Hand Feby 1st 99. 3548.46 11,828.65 Referred to Finance Committee. City Marshal By the City Marshal Total fines assessed in Recorder's Court Jany $155.00 Paid in Cash 69.50 Worked out 66.00 New Trial 5.00 Carried forward 14.50 $155.00 Collected on back fines 15.75 Pound fees Collected 22.25 Total number of arrests during the month 28. Referred to Police Committee. City Physician By the City Physician. Number of patients in Hospital Jany 1st 27. " " admitted during " 15. " " discharged " 14. " " deaths " 1. " " remaining Jany 31st " 27. Visits to paupers during the month 129. Prescriptions " 301. No cases of Contagious or infectious diseases reported. Referred to Hospital Committee By the City Sexton Total deaths during the month 19. White 10. Colored 9. --- Page break --- 122 Male 7. Female 6. Referred to the Cemetery Committee. Reports of Standing Committees. *Report of the* Alderman Zickler for the Water & Light Committee, to whom was referred *Water & Light* the petition of C. S. Hiegel asking that the water trough at the corner *Committee* of Comal & Chimneyside Streets be moved one half a block west of its present location, presented a report recommending that the petition be not granted. The report of the Committee was adopted. *Report of the* Alderman Redd for the Market Committee, to whom was referred an *Market Committee* ordinance appropriating the sum of $360.00 to purchase a suitable yoke oxen for the City Clerk's office, presented a report recommending the passage of the ordinance. On motion the report was adopted. *Report of Select* Alderman Naether for the select committee to confer with the City *Com'ee to Confer* Attorney and report as to the advisability of employing counsel to *With the City* assist him in the suits brought by the Receiver of the Old Water Co *Atty - in regard* against the City in the U.S. Court, presented the following report. *to Employing* Austin Texas. July 6. 1899. *Counsel in Suits* Hon: Jno: S, Ball Mayor; *of old Water Co* Your Committee appointed at the last *vs; City* regular meeting of the Council to confer with the City Attorney relative to employing assistant counsel in the three suits pending in the U.S. Court for hydrant rental by Leave to report that We have conferred with the City Attorney and find that the questions involved in the suits are of grave importance to the City, and We believe that the City should employ Counsel to assist the City Attorney in defending said suits. We have consulted S. R. Fisher Esqr, and he proposes to undertake the matter on the following terms: 1. For services in the Circuit Court of the United States at Austin, in assisting the City Attorney in the suits there now pending for hydrant rental, $1500.00 - one half thereof when the contract is entered into, and the balance when a trial is had in said Court. 2. For services on appeal or error to the Circuit Court of Appeals at New Orleans, $500.00. one half thereof upon submission to said Court, and the balance when a decision is rendered therein. 3. For services in seeking to bring the litigation before the Supreme Court of the United States on certiorari, or error or otherwise, should the City lose in the Circuit Court of Appeals and in resisting a like application on the part of the plaintiff, should the City win, $500. 4. Should the litigation go to the Supreme Court of the United States upon certiorari, writ of error, or otherwise, an additional fee of $500.00 for representing the City in said Court. 5. The City to pay all Costs and witness incident to said litig-ation, including cost of printing briefs etc, and to advance and pay all his actual expenses in going, to, returning from and remaining, in New Orleans or Washington in attention to said litigation. We recommend that he be employed on these terms and that $750. be appropriated to pay the first installment of his fee. and that. --- Page break --- 123 The Mayor be authorized to enter into a contract with said Fisher. J. C. Mather. W. M. Crooker. W. M. Belvin. The report of the committee was adopted by the following vote; Yeas, Aldermen, Belvin, Brady, Crooker, Sehr, Groos, Haynie, Horton, McLemore, Morris, Nitschke, Powell, Rosengren, Shelly, Stumph, Walker, Fisher, 16. Nays, Aldermen, Beaty, Horton, Maddox, Miller & Read, 5. Unfinished Business ord^t app^t” $360.00 for City Clerks office. The Mayor laid before the Council an Ordinance appropriating the sum of $360.00 for a Suitable file case for the City Clerks office. The Ordinance was read a second time, and passed under a suspension of the rules by the following vote; Yeas, Aldermen, Beaty, Belvin, Brady, Crooker, Sehr, Groos, Haynie, Horton, Kuehne, Maddox, McLemore, Miller, Morris, Nitschke, Powell, Read, Rosengren, Shelly, Stumph, Walker & Fisher, 21. Nays, none. New Business Relection of Matron of City & Co Hospital Alderman Crooker, moved that the Council now proceed to the election of a Matron at the City Hospital, to fill the unexpired term of Mrs S. M. Ritter deceased. Which motion prevailed. Resolution on death of Mrs S. M. Ritter. Alderman Rosengren offered the following resolution. Be it resolved by the City Council of the City of Austin, That it is with the most profound sorrow we learn of the death of Mrs Sarah M. Ritter, Matron of the City and County Hospital. That in the death of Mrs Ritter the City loses a most able, faithful and efficient officer, and the afflicted of this community one of their kindest and truest friends, whose ministrations have endeared her to all who have been brought under her tender care. That this body tenders its most sincere sympathy to the family of the deceased, and the City Clerk is hereby directed to furnish them with a copy of this resolution. Tellers apptd The resolution was unanimously adopted by a rising vote. The Mayor appointed the following Aldermen as Tellers in the election of a Matron, Viz; Aldermen, Horton, Maddox & Groos. Nominations nominations for Matron being declared in order. Alderman Crooker nominated Mrs M Hamilton, and Alderman Shelly nominated Mrs S. Terry, no other nominations being made, nominations are declared closed. Result and Vote of Election The Tellers announced the following as the result of the first ballot. Mrs Hamilton received 16 votes, and Mrs Terry received 5 votes. The Mayor declared Mrs Hamilton duly elected as Matron of the City and County Hospital to fill the unexpired term of Mrs S. M. Ritter deceased. [illegible] [illegible] [illegible] By Alderman Crooker. An Ordinance appropriating the sum of $2520.66 to pay for extra sunday labor performed under direction --- Page break --- 824 of the Council, the Ordinance was passed under suspension of the rules by the following Vote; Yeas, Aldermen, Brady, Belvin, Brady, Crooker, Groos, Haynes, Horton, Kuehne, Maddox, McLemore, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stumpf, Walker & Zilker. 21. Nays. None. Ord. extending to the Austin Dam & Suburban R. R. the time to begin work on extensions etc. By Alderman Powell, An Ordinance to be entitled An Ordinance extending to the Austin Dam and Suburban Railroad for a period of one year the rights and privileges granted to it by an ordinance of the City of Austin of date July 3rd 1895, so as to allow an additional year within which to begin work on any extensions or additions to their trackage as now in operation and to repeal all ordinances in conflict with this ordinance. The ordinance was passed under suspension of the rules, by the following Vote; Yeas, Aldermen, Brady, Belvin, Brady, Crooker, Groos, Haynes, Horton, Kuehne, Maddox, McLemore, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stumpf, Walker and Zilker. 21. Nays, None. Prest of Council in the chair Ord appg $200.00 to grade & gravel First sh to Montopolis Bridge Alderman Maddox, President of the Council, in the chair. By Alderman Zilker, An Ordinance appropriating the sum of $200.00 to grade and gravel the street leading from Congress Avenue to Montopolis Bridge. The Ordinance was read the first time and on motion, the rule was suspended, and the Ordinance placed on its second reading by the following Vote. Yeas, Aldermen, Beaty, Belvin, Brady, Crooker, Groos, Haynes, Kuehne, Maddox, McLemore, Miller, Morris, Powell, Redd, Rosengren, Shelley, Stumpf, Walker, Zilker. 19. Nays, Aldermen, Horton and Nitschke. 2. The Ordinance was read the second time, and on motion, Alderman Shelley moved to amend by striking out $200. and inserting $250. The amendment was adopted and the Ordinance passed under a suspension of the rule by the following Vote, Yeas, Aldermen, Beaty, Belvin, Brady, Crooker, Groos, Kuehne, Maddox, McLemore, Miller, Morris, Powell, Redd, Rosengren, Shelley, Stumpf, Walker and Zilker. 17. Nays, Aldermen, Groos, Haynes, Horton and Nitschke. 4. On motion Alderman McLemore, was excused from farther attendance at the session of the Council. Rept of Finance Com on Budget for 1899. Alderman Morris for the Finance Committee presented the following report, Austin, Texas, February 6, 1899. Hon, Jno. D. McCall, Mayor, and Board of Aldermen of the City of Austin. 'Gentlemen,' Your Committee on finance to whom was referred the matter of preparing an estimate of the probable income from all sources which will be collected for the general fund during the fiscal year and of the expenditures to pay salaries and wages, of officers and regular employes, and of the amount required to meet the other ordinary expenses of the City government, not including, work on streets and Bridges and other --- Page break --- 125 public improvements. beg leave to submit the following as the result of their labors: Estimate of Income on Account of General Fund year ending December 1899 " From General Revenue. Taxes of 1898. $81,000.00. " " " Previous Years. 1,500.00. " " License Tax 10,000.00 " " Recorders Court 1,100.00. " " Pound Fees. 550.00. " " Interest and Costs (account Taxes) 600.00. " " Travis County (account of Hospital) 2,000.00. " " Miscellaneous 135.00. Total estimated income $100,185.00 Estimated Expenses of the City Government for the Year ending. December. 1899. For Salaries of Aldermen $3,640.00. " " " Officers 15,707.00. " " " Policemen 11,993.00. " " at City and County Hospital 2,040.00 " " Driver tillerman, Fire department. 1,200.00. " " Driver Hose teams 960.00. " " Sanitary department. 2,400.00. " " Feed & repairs Fire department. 3,300.00. " " Extra Wagons etc. Fire department. 2,970.00. " " Rent of Engine house " " 600.00. " " Meals for City Prisoners " 500.00. " " Sanitary department 1,000.00. " " Supplies City & County Hospital. 3,000.00. " " Printing Stationery and Postage 1,000.00. " " Charity 1,200.00. " " Water and Lights 15,000.00. " " Third installment judgement Water Company 11,948.25. " " Expenses City Election 175.00. " " Expenses Board of Equalization 450.00 " " Miscellaneous. 4,000.00. Total estimated Expenses $85,083.25 Balance $15,101.75 Respectfully submitted Milton Morris W. D Shelley M. E. Groos. Finance Committee. On motion the report of the Committee was adopted. On motion Alderman Feke. was excused from further attendance at this session of the Council. The chair laid before the council the bill of the Water Works Electric Light & power plant of the City, for water & light furnished the City to January 31st 1899. which was read and referred to the Water and Light Committee. --- Page break --- 126 Ord. appn $497.77 By Alderman Morris, an Ordinance appropriating the sum of to pay appd accts. $497.77, to pay certain approved accounts. The Ordinance was passed under suspension of the rules by the following Vote: Yeas, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Horton, Huhn, Maddox, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stempf, Walther and Zilker. 19. Nays, None. On motion, Alderman Brady was excused from further attendance at this session of the Council. Ord. appn $2528.00 By Alderman Morris, an Ordinance appropriating the Sum of to pay Salaries of $2528.00, to pay Salaries of officers & employees for the month of officers & empl. for February 1899. The Ordinance was passed under suspension of Feby. the rules, by the following Vote: Yeas, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Horton, Huhn, Maddox, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stempf, Walther, and Zilker. 18. Nays, None. Ord. appn $220.00 By Alderman Morris, an Ordinance appropriating the sum of Salaries of Aldermen $220.00, to pay the salaries of Aldermen for the month of Feby 1899. for Feby. The Ordinance was passed under suspension of the rules, by the following Vote: Yeas Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Horton, Huhn, Maddox, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stempf & Walther. 17. Nays, Alderman Zilker. 1. Ord. appn $750.00 By Alderman Walther, an Ordinance appropriating the sum of to pay fee S. R. Fisher $750.00, to pay the first installment of fee to S. R. Fisher Esqr. 1st installment The ordinance was read the first time & a motion made to suspend the rule and place the Ordinance on its second reading, which was lost by the following Vote: Yeas, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Huhn, Morris, Nitschke, Powell, Rosengren, Shelley, Stempf, Walther & Zilker. 14. Nays, Aldermen, Horton, Maddox, Miller, and Redd. 4. Ord. appn $80.00 By Alderman Nitschke, an Ordinance appropriating the sum of to pay 2 drivers Street $80.00, to pay the salaries of two drivers Street teams for the month of teams. Feby, 1899. The ordinance was passed under suspension of the rules by the following Vote: Yeas, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Horton, Huhn, Maddox, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stempf, Walther, and Zilker. 18. Nays, None. Ord. appn $750.00 to S.R. Fisher Alderman Tully, moved that the Ordinance appropriating the sum moved to be referred of $750.00, to be paid as first installment of the fee to be paid to S.R. Fisher etc. be referred back to the Special Committee & that they be instructed to call upon the Holy Light Commission & say that the council want to pay a part if not all of this fee, and to report the result of their efforts to a meeting of the City Council to be held at 8 o'clock P.M. next Thursday. The motion was lost by the following Vote: --- Page break --- 127 Yeas, Aldermen, Horton, Maddox and Shelley. 3. Nays, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Kuhn, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Stumpf, Walker & Zilker. 15. Alderman Redd moved to reconsider the vote whereby the rules were waived to suspend the rule and place the Ordinance appropriating the sum of $700.00, to pay the first installment of the fee to be paid to S. R. Fisher, on its second reading, which motion prevailed. The Ordinance was then passed under suspension of the rules by the following, Vote: Yeas, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Kuhn, Morris, Nitschke, Powell, Redd, Rosengren, Stumpf, Walker, Zilker 15. Nays, Aldermen, Horton, Maddox and Miller. 3. Ord. Appr'g $196.00 to pay 4 drivers & 1 quittman for Sanity Dept. By Aldermen Crooker, an Ordinance appropriating the sum of $196.00 to pay the salaries of 4 drivers Sanitary Carts & one quittman Sanitary Dept for July 1899. The Ordinance was passed under suspension of the rules by the following, Vote: Yeas, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Norton, Kuhn, Maddox, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stumpf, Walker and Zilker. 18. Nays, None. Ord. app'g $900.00 for Ex labor & teams Street Dept. By Alderman Nitschke, An Ordinance, appropriating the sum of $900.00, for extra Street Labor and Teams for the month of July 1899. The Ordinance was passed under suspension of the rules by the following, Vote: Yeas, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Norton, Kuhn, Maddox, Miller, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stumpf, Walker and Zilker. 18. Nays, None. Ord. app'g $950.00 for Bell for Protection Hose Co #3. By Alderman Crooker, An Ordinance, appropriating the sum of $950.00, to purchase a Bell for Protection Hose Co No 3. The Ordinance was passed under suspension of the rules by the following, Vote: Yeas, Aldermen, Belvin, Brady, Crooker, Groos, Haynes, Norton, Kuhn, Maddox, Morris, Nitschke, Powell, Redd, Rosengren, Shelley, Stumpf, Walker and Zilker. 17. Nays, Alderman, Maddox. 1. adjourned. On Motion the Council adjourned. Geo. W. Johnson City Clerk.