City Council Room, February, 13th, 1871. The City Council, in its new organization, under appointments by His Excellency, Edmund J. Davis, Governor of the State of Texas, met at 7 o'clock P. M. - Present: His Honor, Mayor Jno. W. Shaw; Aldermen: Messrs Thos. Adams, J Bremond, J L Ducas, G. Oglebome, Henry Madison, S. Mussina. Dr. Mills, also, appointed Alderman, by His Excellency, Gov Davis, having declined to accept the appointment, his seat, therefore, remained vacant. His Honor, Mayor Shaw, opened the meeting by reading his message to the Board of Aldermen, a copy of which is hereunto attached. Alderman Oglebore submitted the motion to have 500 copies of the Mayor's message printed for distribution, to which Alderman Mussina offered the amendment to have said message published in the State Journal, which amended motion was unanimously adopted. Alderman Mussina offered the following resolution, to wit: "Be it ordained, by the City Council of the City of Austin, (That) Art. 214 of the ordinances of said City shall hereafter read as follows: "Whoever in this City shall willfully disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct, or marriage; or whoever shall willfully disturb the peace of others by loud or unusual noises; or whoever shall use unnecessary, profane, obscene, or offensive language, calculated to provoke a breach of the peace; or whoever shall assault, strike or fight another, shall be guilty of a misdemeanor. And whoever in this City shall permit any of the above prohibited acts, or words, in any house, or upon any premises owned or controlled by him, so that others in the vicinity are disturbed thereby, shall be deemed guilty of a misdemeanor. On motion of Alderman Bremond, the rules were suspended, and the Ordinance was read for the second and third time, and, on motion of Alderman, Oglebore, adopted. Thereupon, His Honor appointed the following committee, to wit: --- Page break --- 45 Committees On Finance: Aldermen Mussina, Eggleston and Adams. On Cemetery: " Eggleston, Bremond and Madison. On Streets: " Ducas, Mussina and Bremond On Market House: " Bremond, Adams and Madison. Alderman Mussina offered the following Ordinance, to wit: An Ordinance establishing an ad valorem Tax. "Be it ordained by the City Council of the City of Austin, Sec. 1st Shall there is levied and shall be collected, at the time and in the manner provided, or may be provided, by the Ordinances of said city, on all property within said city subject to taxation by the laws of the State of Texas, on the first day of January, 1871, and on that day in every year thereafter, an annual ad valorem tax of one-half of one per cent. "Sec. 2d That all ordinances, or parts of ordinances, in conflict with this, are hereby repealed. "Sec. 3d That this ordinance take effect from and after its passage" On motion of Alderman Eggleston, the rules were suspended and the ordinance read for the second and third time, whereupon the yeas and nays were taken which resulted as follows — Yeas: Aldermen Adams, Bremond, Ducas, Eggleston Madison and Mussina; — Nays: None. Thus, the Ordinance was unanimously adopted. On motion of Alderman Mussina, the following motion, to wit: "Ordinance Regulating the Times for regular Meetings of the City of Council." "Sec. 1st Be it ordained, by the City Council of the City of Austin, That the first Monday in each and every month, at seven (7) ½ o'clock P.m., be the time for the regular meetings of the City Council. "Sec. 2d That the Mayor shall specially convene the City Council, whenever in his opinion the public interests will be subserved thereby." On motion of Alderman Mussina, the rules were suspended, and the Ordinance was read for the second and third time, and on motion of said Alderman Mussina, unanimously adopted. Alderman Mussina moved that that portion of the Mayor's Message having reference to a new City Charter, be referred to a Special Committee, which motion was unanimously adopted. --- Page break --- 46 In accordance with said motion, His Honor the mayor appointed the following Aldermen, To wit: S. Mussina, J. Bremond and Mary Matras, members of said special committee. Alderman Egleston submitted the motion to the consideration of *to communicate with the President of the Senate the Speaker of the House and* the mayor • [illegible] stand the Board to request the Representatives from this county to [illegible] to interpose against granting a charter to any private person or company to build the [illegible] and [illegible] any [illegible] and [illegible] a a bridge over the Colorado River within the paternity of the city of Austin; [illegible] to [illegible] a bridge [illegible] for the [illegible] of a bridge with exclusive privileges. in the [illegible] neighborhood of the city Alderman Bremond moved the adoption of said motion, and it was unanimously adopted. Alderman Egleston offered the motion that his Honor may appoint a Committee to consist of three Aldermen and two members of the by the Fire Companies of this City, in order to present suggestions to this Council for the improvement of the present stone and effectiveness of our companies; said motion being seconded by Alderman Mussina, West, on [illegible], unanimously adopted. His Honor appointed Mssrs. Mussina, Egleston and Bremond a special committee for the purpose aforesaid the motion of Alderman Egleston, to be joined by Messrs. John H. Robinson & C. Hopkins. Alderman Reuse presented a petition by the managers of the New York Star Company, praying for reduction of the rate of license now imposed upon theatrical performances. With reference to said petition, Alderman Mussina moved offered the following Ordinance, To wit: "Be it ordained by the City Council of the City of Austin, That Act. 123 amended May 5th, 1862, be further amended as follows: "That after any Theatrical or Dramatic Company shall have paid to this city the present license of Ten (10) Dollars per night for one month, the Mayor is hereby authorized to remit all city license for the second month, collecting again for the third month, and so on alternating — whenever, in his opinion, the interests of the city will be subserved by so doing. On motion of Alderman Egleston, the rules were suspended, and the Ordinance put on its second and third reading, Whereupon, on motion of Alderman Bremond said Ordinance was unanimously adopted. On motion of Alderman Mussina, the Council adjourned until its next regular meeting. O. Pgints [illegible] Recorder --- Page break --- Copy of the Message of His Honor, Mayor Stone. Mayor's Office Austin, Texas, Feb. 13th, 1871 To the Honorable Board of Aldermen of the City of Austin. Gentlemen, Called unexpectedly to administer the affairs of so important a city as the Capital of the State of Texas, it becomes our imperative duty, to first learn the legitimate wants of her people and then to provide the necessary means for supplying those wants; having always before us her welfare and an equitable distribution of the necessary burthens amongst all classes of her population. In order therefore for your information and the better to enable you to come towise and equitable conclusions, I have collected such information as was possible from the records of the Mayor's, Assessor and Collector's and Treasurer's offices; and, from it, have arrived at the following representations, which may be taken as substantially correct. The outstanding indebtedness of the city is as follows: Thirty-seven (37) bonds, of the denomination one hundred dollars each, and bearing ten per cent per annum interest; of these, sixteen mature April 15th, 1872; three mature April 15th, 1872; and ten (10) warrants of the denomination one hundred dollars each and bearing interest at the rate of ten per cent per annum, of these, one matures March 22nd, 1871; six mature March 30th, 1871; and three mature July 31st, 1871. Of which indebtedness we must provide for the payment of as follows this year: Sixteen bonds due April 15th, 1871, $ 1,600.00 Six warrants due March 22nd and 30th and July 31st " 1,000.00 To these must be added the probable expenses for the year which will give us approximately the total amount to be provided for To become due upon the completion of the new market-house; about $ 3,000.00 Mayor's salary " 500.00 Assessor and Collector's salary, including commissions - about " 1,500.00 Treasurer's salary, commissions, etc., about " 750.00 City Attorney's salary " 500.00 City Marshal's salary " 600.00 Eight Policemen, at fifty dollars per month, " 4,800.00 City Clerk - about " 500.00 Salary of Aldermen - about " 550.00 Estimates for work on streets, etc., " 10,000.00 Making a total of $ 25,600.00 which may be assumed as the probable expenses of the city government for the current year. An equitable distribution of the burden of taxes over all classes of interests in the city will enable us to meet these demands and also provide --- Page break --- 48 a revenue to pay the interest on one hundred thousand dollars of city bonds for bridge purposes, without any alteration of last years rate of taxation, except the at valorem rate on property. An examination of last years taxes collected, shows unjust discriminations which we should be prompt to remedy. The records exhibit as follows: Revenue from quarterly tax on merchandise $1,800.00 Sale of Cemetery Lots " 300.00 Collected from Fines " 1400.00 Licenses " 5,600.00 Tax "at valorem" on real estate " 3,100.00 The merchants and tradesmen who are the vitality and strength of all cities, from whom they derive their prosperity and reputations, are by the preceding exhibit, the bearers of the heaviest burden of this city's expenses; and that class of citizens who are gathering the harvest, mostly by the industry of our tradesmen and merchants, to-wit, the property owners, are bearing comparatively but an insignificant part. The fact of the real estate of this city paying a tax of but little over three thousand dollars per annum, is, to say the least, absurd. As a partial remedy, the entire assessment list of the City has been revised and now shows an aggregate of about three millions of dollars. Every few months, property generally in this city is trebling in value and is rapidly commanding the cash all the advanced cases; and I know of no just reason why the owner of real estate, which is so rapidly increasing in value, should in the least be exempt from his proper and just share of the burdens. You should avail yourselves of the authority vested in you — and I recommend you to do so — and increase the rate of ad valorem tax on real estate from one-fourth of one per cent. to one-half of one per cent. This rate applied to the new lists will give us a revenue from that source, and shall, in my opinion, not as much as much as it should be, of $15,000.00 To this add quarterly tax on merchandise, as estimated increase of business of the city " 2,500.00 Licenses, estimated " 4,000.00 Fines " 2,000.00 Sales of cemetery lots " 500.00 Rent of market-house and city hall " 4,000.00 furnishing as a revenue of thirty thousand ($30,000) dollars, or near that; being an improved and, I confidently believe, an adequate one. But we --- Page break --- 49 But we need quite as much a change in our organic law, and the speediest way to obtain that remedy, will be to apply to the present Legislature for a new charter; and to that end, I would suggest that you authorize me to appoint five citizens of this city to prepare to a new charter for your consideration, which, if you approve of, it can be presented to the present Legislature who, I trust will make it law. If, however, in your opinion a new charter is not advisable, I would recommend that you authorize me to apply to this Legislature for authority, for the city to create a debt of not over one hundred thousand dollars, and to extend her present limits. One hundred thousand dollars applied to a permanent bridge across the river, and city improvements would increase the revenues of the city in geometric proportion. The engineers will, in a few days, be ready with their estimates, for building a bridge across the Colorado river at this city. When received, I will present them to you with my recommendations in the premises. A permanent bridge at this place is of such vital importance to the city that I have but one opinion, and that is in favor. Certainly, we should have one, if we were all to be buried. The city should rather make extreme exertions than by any chance permit its importance as an avenue to the city to pass into the hands of any corporate company with exclusive privileges. In the hands of a private or corporate company it would prove a tax on the commerce of this city, and would be the detriment of the city, perhaps. As city and county property, or both, and [illegible]; or at furthest, with tolls barely sufficient to pay interest and make repairs, it will be of incalculable benefits. The services of the City Attorney are in excess of the compensation given. Provisions should be made to pay him for services rendered when the Department gains the suit, and in cases, and in cases where the Mayor dismisses the suit. At present, in both these classes of cases, let him labor ever so hard, he gets no pay. This is unjust to him, and not in harmony with the dignity of the city. I also recommend that you authorize me to pay to the aldermen each, five dollars, for each and every attendance at a council meeting. It will act as a check against unnecessary calls by the Mayor, and but reasonably compensate for the services. The city government has not done its duty to the Fire Department. The sentiments which gave force and direction to our volunteer fire organizations, are the noblest impulses of the human mind. There is no portion of the mind wherein selfishness and personal considerations are so completely put aside as by the volunteer firemen in the execution of his duties. --- Page break --- The fire organizations of this city should receive every encouragement from your honorable body; and to the end that justice be done them, I recommend that you authorize me to appoint a committee of two aldermen and one from each of the fire organizations of the city, to prepare a statement of the condition of the companies, and recommend to your body action in the premises. The prospective railroad connections of the coming three years will increase our population many times and quintuple the value of property here. We should, therefore, legislate for the future as well as the present. To your judgment and discretion, I submit the interests of our city, feeling sure you will be animated by justice, equity, and the inalienable rights of humanity. Let our policy be Law, honesty, Economy in our administration and the Improvement of our city. (Sigᵈ) John M. Slon, Mayor?