276. Regular Meeting of the City Council Austin Texas March 05, 1900 Hon J. W. D. [illegible] Mayor presiding Roll Called. Present Aldermen Dunham Fischer Glass Morris Mortimer Nolan Stumpf Absent None. On motion the minutes were approved as recorded by the Clerk without reading. Reports of City Officers The Mayor laid before the Council the reports of the various City Officers, except the Treasurer, for the month of Feby, 1900 which were referred to their appropriate Committees without readingThe following is a synopsis of the reports By the Assessor & Collector. Is collections as follows. From Genl Revenue Tax $ 789.25 " License Tax 247.70 " Fines in Mayors Court 262.00 " Pound fees & sales 28.50 " Penalty, Interest & Costs (aforesaid) 14.206. Total General Fund. $ 1419.71 " The Water & Int sinking fund 538.74 " Old bonds " " 50.43 " School Tax " " 286.38 Total Collections $ 2290.26 Referred to Finance Committee By the City Clerk Total amount of warrants issued against the Gene fund during the month $ 4947.95 Referred to Finance Committee By the City Marshal Total fines assessed in Mayor's Court $ 389.00 Paid in Cash $ 213.90 Worked out 148.00 Carried forward 32.10 $ 389.00 Pound fees Collected $ 14.85 Referred to Police Committee By the City Physician Total Number of patients in Hospital Feby 1st 1900 38 " " admitted " " 6 " " dismissed " " 11 " " (deaths) " " 1 " " patients remaining " " 28 " " sent to County 96 " " Transferred " " 380. --- Page break --- 2.77 Number of small pox cases reported during the month 6 " " Scarlet fever " " " " " " 4 " " Diphtheria " " " " " " 1 All cases of small pox, Scarlet fever and Diphtheria have been dismissed, no cases now in the City- Referred to Health Committee By the City Sexton Total Number of death 8 White 11 Col. 2 Male. 6 Female 7 Still born 5 Referred to Cemetery Committee Reports of Standing Committees Reps. Finance Alderman Stumph for the Finance Committee to whom was Com. proposition referred a communication from the Board of Equalization, submitting to print new a proposition from the Austin Real Estate and Abstract Company map. to publish a new and correct map of the City, presented a Proposition report recommending that the proposition be accepted, and Austin Real that the Mayor be authorized to at once enter into contract with Estate & Abstract the Company upon the terms proposed in their proposition Co. accepted. The report of the Committee was adoptedUnfinished business ord. $10.000 The Mayor laid before the Council An Ordinance appropriating st. work. the sum of $10.000 for Street work. The ordinance was read the passed. third time and passed by the following vote Yeas Aldermen Dunham, Glass, Mortimer, & Nolen 4 Nays Aldermen Fischer, Morris & Stumph 3 The Mayor laid before the Council the following Veto Message Mayor's office Austin Texas March 5th 1900 To the Honorable City Council: Gentlemen: I herewith return without my Mayor's Veto approval the resolution passed by your honorable body on the Aus. Co. employ 28th day of February 1900, authorizing the Water Light Committee City Attorney of the City Council to engage the services of J.H. Gregory to assist the City Attorney in defending the suit recently instituted against the City by the Water, Light & Power Commission This case is not a difficult one; it is a plain question of law and of fact, and the facts, like the law, is of record. The City Attorney, is eminently qualified to handle the case, and able to present the law and facts in the same as well as it can possibly be done In the City's present financial condition we should not pay out sums of money unless there is an imperative public necessity for it. For these reasons I cannot approve the resolution --- Page break --- 278 Respectfully Jno A. McCall, Mayor Alderman Glass moved to reconsider the Vote by which the resolution Veto Sustained which motion prevailed. The motion was then put. Shall the resolution pass notwithstanding the Mayors objections, and the motion lost by the following Vote Yeas Alderman Dunham, Glass, Nartimer & Nolen 4 Nays Alderman Fischer, Morris & Stumpff 3 The Mayor then laid before the Council the following Veto Message Mayor’s Office Austin, Texas March 5th 1900 To the Honorable City Council: Gentlemen: I herewith return without my Mayors Veto approval the ordinance entitled “An ordinance to carry Corporation into effect within the City of Austin, Texas, the requirements of Court the Act of the 26th Legislature of the State of Texas, passed March Ordinance 15th AD 1899, and entitled “An act to establish and Create in each of the Cities, Towns and Villages of the State, a State Court to be Known as the Corporation Court, of such City, Town or Villiage, and to prescribe the jurisdiction and organization there of, and to abolish Municipal Courts,” passed by your honorable body on Feby 20th 1900: For the reason that it has the effect of imposing upon our Citizens increased burdens. It is provided that the Judge shall receive $1200. per year, the clerk $900., and the attorney $600. making an aggregate expense each year of $2700. I beg to suggest that the Citizens of Austin whose representatives we are do not ask, and I think would not approve any act on our part which makes them pay out any unnecessary sum of money. Under the present form of administration the back taxes was paid into the City Treasury during the year 1899 in fines $2,326.55 which was used to meet the current expenses of the City during the year. If these additional offices had then existed that sum of money would not have been used to meet these expenses, but would have been absorbed by the new offices, and the City would still have been indebted to them in the sum of about $400. In my humble opinion these new offices are not only expensive but unnecessary. It is believed that no man whom the people shall select as Competent to judge to impose a fine for a petty offense. In short, Gentlemen, I think we have offices already sufficient to administer the law and to add to the Creates additional expense, and makes heavier the burden now resting upon the people --- Page break --- When the indebtedness of Austin shall have decreased and her population greatly increased; when the Streets and Pavements of the City shall have been properly worked; and "The Rookery upon the hill" shall have been supplanted by a respectable structure (more fitfor the abode of man than of bats) then we may feel excused from indulging in our airs and indulging in luxuries; but that day has not Yet arrived. has not Yet arrived. The Canvass in the late Contest was made upon economy and reform and a reduction of the number of offices and employees of the City; and in obedience to these demands of the Citizens the Legislature passed a special act granting a Charter Making it possible to carry out these demands The law provides that as soon as practicable this Court Shall be created. I take this to mean that where the necessity exists and the circumstances demand and the Court it should be put into operation. In my opinion that Time has not arrived For these reasons I feel it my duty to respectfully Veto the ordinance Respectfully Jurod Wellall allay ord Alderman Dunham moved that the message and the ordinance be laid on the Table Subject to Call, which motion was lost. Alderman Mortimer moved to reconsider the Vote by which the Ordinance was Passed which motion prevailed by the following Vote Yeas Alderman Fischer Morris Mortimer & Nolen 4 Nays Alderman Dunham Glass & Stumpff 3. The Motion was then put, Shall the ordinance Pass notwithstanding the Mayors objections and the motion lost by the following Vote Veto Yeas. Alderman Glass Mortimer & Nolen 3 Sustaind Nays. Alderman Dunham Fischer Morris & Stumpff 4 New business Res Cemetery Alderman Dunham offered the following resolution Comm authorized Resolved that the Cemetery Committee be authorized to have the to have fence fence around the Cemetery repaired and that they report to the repaired &c. Council what steps are necessary to protect the graves and shrubbery therein from depreciation by chickens and other animals." Alderman Fischer moved to amend the resolution by adding "and that they shall report to the Council at the next meeting the cost of same" The amendment was accepted by Alderman Dunham and the resolution as amended was passed. Alderman Dunham offered the following resolution which was read And adopted. "Resolved that the Hospital Committee be instructed to dispose of one Cow Now at the pasture of Paul Kirschown at once" The Mayor stated that Joe Darrow desires to establish a bottling Gallery within the City limits, and that under the ordinances of the City it was necessary for the Council to authorize the Assessor & Collector to issue a license for the same, he further stated that he had examined --- Page break --- 280 The premises upon which the gallery was proposed to be erected and considered them safe, and recommended that the Assessor and Collector be authorized to issue him a license. Alderman Fischer moved that the Assessor & Collector be authorized to issue the license which Motion prevailed apprvd affs. By Alderman Stumph An ordinance appropriating the sum of $1449.58 to pay approved accounts, The ordinance was read the first time & on Motion the rule was suspended and the ordinance passed on its second reading by the following vote Yeas Aldermen Dunham, Fischer, Glass, Morris, Mortimer, Nolan and Stumph. 7 Nays None. fransud The ordinance was read the second time. Alderman Morris moved to amend by adding "to pay the claim of A. Bils for damage to Wagon, $11.00 which was lost, and the claim of Bils referred to the claims & accounts Committee The ordinance was then passed under a suspension of the rule by the following Vote Yeas Aldermen Dunham, Fischer, Glass, Morris, Mortimer Nolen and Stumph. 7 Nays None. Feby 5 to pay By Alderman Stumph An ordinance appropriating the sum Spec Policemen of $45.53 to pay the salaries of Special Policemen for the month Feby 1900- The ordinance was passed under suspension of Passed the rules by the following Vote Yeas Aldermen Dunham, Fischer, Glass, Morris, Mortimer Nolen and Stumph. 7 Nays None. $2486.21 to pay By Alderman Stumph An ordinance appropriating the sum Off employees of $2486.21. to pay the salaries of Officers and employees of the Mch 1900 City for the Month of March 1900. The ordinance was passed under suspension of the rules by the following Vote Passed Yeas Aldermen Dunham, Fischer, Glass, Morris, Mortimer Nolen and Stumph 7 Nays None. apprvd accts Alderman Dunham stated that he doubted the reconsidered authority of the Council in and the Charter to appropriate had on table money to pay approved accounts, until the Budget had subject to Call been Made and adopted, hence he moved to reconsider the Vote by which the Council had passed the ordinance to pay approved accounts, which Motion prevailed Alderman Dunham then moved that the ordinance lie on the table, subject to Call. Carried. $120. to pay By Alderman Stumph An ordinance appropriating the sum St. Teams of $120. to pay the salaries of drivers of Street teams for Mch 1900 the Month of March 1900. The ordinance was passed under suspension of the rules by the following Vote Yeas Aldermen Dunham, Fischer, Glass, Morris, Mortimer, 7 Nolen Stumph. --- Page break --- Nays None By Alderman Glass An Ordinance appropriating the sum of $320.50 to pay the Salaries of Sanitary employees for the Month of March 1900. The ordinance was passed under suspension of the rules by the following vote Yeas Aldermen Rinn Blunham Fischer Glass Morris Mortimer Malon Stumpf Nays None In Motion the Council adjourned Geo D. Johnson City Clerk