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Austin 1904 Fire Safety, Sidewalk Fights

Monday, March 7, 1904 regular

Fire safety ordinance passed: Council approved new rules requiring fire escapes and protections for people and property from fires across Austin after amendments by the Police Committee.

Sidewalk ordinance defeated: A controversial sidewalk ordinance failed to pass after multiple votes, with aldermen disagreeing over specific provisions (a dispute over changing "12" to "16" in the measurement).

City attorney elected after 6 ballots: Following the resignation of V.L. Brooks, the council held a heated election that required six rounds of voting before finally electing H. Miller as the new City Attorney.

Street and animal care funding approved: Council allocated $350 for street labor and teams, and approved $75 for feeding extra horses at the city pound through the end of 1904.

Full Transcript

156 Regular meeting of the City Council Austin, Texas, March 07, 1904. Hon R.C. White Mayor, presiding Roll Called. Present Alderman Crooker, Haynes, Hume, Wacker Waddan, Willis, Moore, Nickolaus, Radd, Schneider, Shelley, Chinnate, Smith, Wieth - 14 Absent - None. On motion the minutes were approved as read by the clerk, without reading. Petitions - None. Reports of Officers The Mayor laid before the Council the report of the Marshall for the month of Jany 1904, and of the other officers, except the Engineer, Marshall for the month of Feby 1904, also the quarterly report of the water & Light Commission for the quarter ending Dec 31st 1903, which were on motion referred to their appropriate Committees, without reading. Reports Standing Reports of Standing Committees Committees Alderman Hume for the Ordinance Committee Ordinances on side to whom was referred an ordinance Amending Walks. the side walk ordinance, presented a report recommending that the ordinance do not pass. Alderman Waddar moved that the report lie over to come up with the ordinance under the head of Unfinished business which motion prevailed Fire escapes. Alderman Shelley for the Police Committee to whom Police Committee was referred an ordinance providing for the protection of persons and property from fires in the City, presented a report, recommending the passage of the ordinance with certain amendments proposed by the Committee. The report was adopted Petition to repeal or Citizens asking the repeal or modification of the modify. Vehicles ordinance, which was on motion referred to the Ordinance Committee. Side Walk ordinance The Mayor laid before the Council the side walk ordinance together with the report of the ordinance Committee. The ordinance was read the third time. Alderman Waddar moved to adopt the report of the Ordinance Committee, which motion prevailed The Aldermen Crooker, Haynes, Hume, & Willis, Moore, Radd, Chinnate. 8 --- Page break --- Nays Aldermen Haynes Miller Schneider Smith 6. Aldermen Moore moved to amend the ordinance by striking out in the third line from the last two figures "12" and inserting in lieu thereof the figures "16". The amendment was lost by the following Vote Yeas Aldermen Maddox Moore Nitschke Redd Shummate 5 Nays Aldermen Haynes Hume Macken Miller Schneider Shelley Smith 6. The ordinance was then lost by the following Vote Yeas Aldermen Haynes Miller Schneider Shelley Smith 4. Nays Aldermen Crooken Hume Macken Mad Dox Moore Nitschke Redd Shummate 8 The Mayor laid before the Council the Sign Ordinance which was read the third time, and on motion Sign ordinance was referred to the ordinance Committee The Mayor then laid before the Council an Ordinance for the protection of persons and property from fires in the City of Austin. The ordinance was read the second time Fire escapes. Alderman Schneider moved that it be considered and passed upon by Sections, which motion prevailed. Section 1 was read and adopted. Section 2 was read and adopted. Section 3 was read, and on motion of Alderman Shelley the amendments proposed by the Police Committee was read and adopted. The amendments proposed by the Police Committee to Section 4 was read and adopted. Section 5 was read and adopted. Alderman Shelley moved that the amendments be adopted as a whole, which motion prevailed. Alderman Redd moved that the ordinance be referred to the ordinance Committee, which motion was lost by the following Vote Yeas Aldermen Nitschke Redd Schneider 3 Nays Aldermen Crooken Haynes Hume Macken Maddox Miller Moore Shelley Shummate Smith 8. V. L. Brooks New Business resignation as City The Mayor laid before the Council a Communication Attorney from V.L. Brooks, City Attorney, resigning his position as accepted Said officer – On motion of Alderman Crooken the resignation was accepted. By Alderman Macken – An Ordinance prescribing ordinance a method for filling Vacancies in Certain City offices filling Vacancies The Ordinance was read the first time and passed City offices. under suspension of the rules by the following Vote --- Page break --- 158 [illegible] Miller elected City Attorney Lucas Alderman Crooks, Haynes, Hume, Macken, Weddoy Miller, Moore, Nitschke, Redd, Reilman, Shelley, Shumate Smith, Weik None 14 Alderman Moore moved that the Council now proceed to the election of a City Attorney to fill the vacancy, caused by the resignation of V.B. Croxix, which Motion prevailed. The Mayor declared Nominations for City Attorney work now in order. Alderman Shumate nominated Geo S. Hatton Alderman Crooks nominated H. Hart. The Mayor nominated H. Bruggenhoff. Alderman Wedday nominated Alex James. On motion nominations were closed and the Mayor appointed Aldermen Hume and Nitschke as Tellers. The Tellers announced the following as the result of the firstballot, viz: Hatton 1, Hart 7, James 2, Miller 4, Bruggenhoff 0. There being no election a second ballot was ordered, with the following result, viz: Hart 7, James 2, Miller 5. No election The following was the result of the third ballot Hatton 5, James 2, Miller 6. The fourth ballot was ordered and resulted as follows: Hart 7, James 2, Miller 5. No election The Tellers announced the following as the result of the fifth ballot. Viz: Hart 7, James 1, Miller 6. Alderman Wedday withdrew the Name of Alex James and nominated H. Miller. Alderman Haynes offered a resolution. Alderman Nitschke raised the point of order that the resolution was out of Order pending the ballot. The Mayor sustained the point of order. Alderman Haynes appealed from the ruling of the Chair. President of the Council Shelley was called to the chair. The question was then put, "Shall the ruling of the Mayor be Sustained." and the chair sustained by a vote of 14 to 2. The Mayor in the Chair. The ballot for City Attorney was resumed. The Tellers announced the following as the result of the sixth ballot, viz: Hart 7, Miller 7. The Mayor voted for Mr. Miller and declared him duly elected City Attorney. By Alderman Nitschke an ordinance appropri-ating the sum of $350.00 for the purpose of paying for extra --- Page break --- Extra at labor Teams. $100. to open Street South Austin Pound Master allowance for feed for extra horse. Street labor and Teams. The ordinance was read the first time and passed under Suspension of the rules by the following Vote Yeas Aldermen Brooke Haynes Hume Madden Madden Macken Moore Nitscuke Redd Schmiden Shelley Shuman Smith Tuit Nays None 14 By Alderman Willen an Ordinance appropriating the Sum of $100.00 for the purpose of opening Newton Street South Austin The Ordinance was read the first time and on motion was referred to the Street Committee By Alderman Shuman an Ordinance appropriating the sum of $75.00 for the purpose of paying for feed for extra horses for the Pound Master from March 1st to Dec 31st 1904. The Ordinance was read the first time Alderman Nitscuke moved that it be referred to the Police Committee, which motion was lost by the following Vote Yeas Alderman Hume Madden Nitscuke Schmiden 4 Nays Aldermen Brooke Haynes Macken Willen Moore Redd Shelley Shuman Smith Tuit The ordinance was then passed under suspension of the rules by the following Vote Yeas Aldermen Brooke Haynes Madden Redd Shelley Shuman Smith Tuit Nays Aldermen Hume Madden Willen Moore Nitscuke Schmiden On motion the Council adjourned Jus. O. Johnson City Clerk 10 6.