297 City Council Room Austin Tex January 06, 1873 City Council met at its regular monthly meeting. Present: His Honor T. B. Wheeler in the Chair. The Roll being called, the following Aldermen answered to their names: Aldermen Geo. Susmann, A. Scholz, " Wm. Brueggerhoff, R. H. Robinson, " J. W. Hannig Absent: " E. Bremond, T. E. Sneed, " Ed. Christian Minutes of last meeting read and adopted. Petition of B.E. Headra M.D. making certain proposels in reference to a Hospital, and offering his services as City Physician, was read. On motion of Aldm. Brueggerhoff the same was refered to a special Committee of two, whereupon His Honor the Mayor appointed Aldm. Brueggerhoff and Hannig on said Committee. Petiton of Charles Huberich asking the privilege to finish the City Records in reference to Blocks and Lots, their former Assesment and original patentees was read. On motion of Aldm. Brueggerhoff it was refered to Committee on Ordinances. Petition of Mess. J.H. Raymond, John Hancock, S. B. Brush and others proposing on certain condions to supply the City of Austin with water was read. On motion of Aldm. Brueggerhoff the same was refered to a special Committee of three, whereupon His Honor the Mayor appointed Aldm. T. E. Sneed, R.H. Robinson and Geo. Susmann on said Committee, and on motion, His Honor the Mayor was added to the Committee. Petition of J. D. Shepherd, R. B. Smith &co. James Rodgers and R. McLeay asking privilege to retail spirituous liquors in quantities less than a quart was presented and approved. Street Committee reported on petition of Mr. McGehee that it was impracticable to grant him the privilege of grating the Street West of Mrs. Collins Fire Committee asked for further time to report on the conditions of the Fire Cisterns which on motion of Aldm. Scholz was granted. --- Page break --- 298 Special Committee on investigation in reference to the sale of Real Estate of the City of Austin by a former administration, asked for further time to report. On motion of Aldm. J. W. Hannig it was granted. Cemetery Committee asked for further time to report on an investigation in and around the Cemetery Grounds. On motion of Aldm. Bruggerhoff it was granted. Alderman Hannig offered the following Ordinance. Be it Ordained by the City Council of the City of Austin, That hereafter in all cases where ar- rests have been made and the party arrested pleads guilty, or upon a plea of not guilty, and the party is convicted, the Officer making the arrest shall be entitled to a fee of One Dollar to be Taxed in the bill of cost. On motion of Aldm. Brueg- gerhoff the rules were suspended and after passing its second and third reading, the yeas and nays being called for, it passed by the following vote. Yeas: Aldermen Geo. Susmann, A. Scholz, " " Wm. Brueggerhoff, P. H. Robinson, " " J. W. Hannig Nays: None Petition of W. W. Fletcher asking for 70 cents per day for Boarding City Prisoners was read and on motion of Aldm. Robinson was granted. Alderman Hannig offered the following Ordinance. Be it ordained by the City Council of the City of Austin. That from and after the passage of this ordinance the following taxes shall be levied and collected. Upon a licence of a Doctor, Surgeon or Dentist who practices his profession in this City an anual tax of Twenty five Dollars. Upon each and every Lawyer or Attorney at Law who practices before any of the Courts in this State, an annual tax of Twenty five Dollars; provided that Lawyers or Attorneys at Law, who makes part of their business the --- Page break --- 299 purchase, and sale of Real Estate shall not pay the tax as Real Estate Agent separately Upon each and every Barber Chair, an annual tax of Five Dollars. Upon each and every Side show traveling with, or belonging to a Circus a tax of Ten Dollars for each and every day. On motion of Aldm. W. Brueggerhoff the rules were suspended and after passing its second and third reading the yeas and nays being called, it resulted as follows. Yeas: Aldermen A. Scholtz W. Brueggerhoff J. W. Hannig Nays: " Geo. Sillsmann J. H. Robinson Not having two thirds Majority of the whole Board of Aldermen, the ordinance was lost. Alderman Brueggerhoff offered the following Ordinance. "Be it ordained by the City Council of the City of Austin. That it shall be the duty of the City Attorney to prefer and draw up, all complaints for misdemeanors and to see that all necessary subpoenas for witnesses are issued. 2nd That in cases of misdemeanors brought before the Mayor when the party pleads guilty the City Attorney shall be entitled to a fee of Two Dol- lars, to be taxed in the bill of costs. 3rd That in all cases of misdemeanor when the party accused pleads not guilty, and on trial either before the Mayor or a jury he, she or they, are convicted, the City Attorney shall be entitled to a fee of Seven [illegible] Dollars to be taxed in the bill of costs. 4th That all ordinances or parts of ordinances conflicting with the provisions of this ordinance be and the same are hereby repealed. On motion of Aldm. Robinson the Ordinance was referred to Committee on Ordinances. Alderman Brueggerhoff offered the following ordinance Be it ordained by the City Council of the City of Austin. That it shall not be lawful for any cattle or horses to run at large upon --- Page break --- 300 the Streets or thoroughfares of the City of Austin & any thus found running at large shall be taken charge of by the City Marshal and impounded in such place as he shall see proper 2nd That immediately on impounding said Animals the City Marshal shall give noticby written publication posted at three pub- lic places in the City of Austin, describing the Animals, and at the expiration of three days the said Marshal shall proceed to sell said Animals impounded by him, to the highest bidder for cash, and out of the proceeds the Marshal shall deduct his costs and the balance paid into the City Treasury, which shall be appropriated for the purpose of improving the Streets of the City. 3rd That any time before the expiration of the three days notice required by section (2) of this ordinance the owner or owners of the Animal or Animals impounded, may come before the Marshal and prove his property in the same, and on payment of cost, It shall be delivered to him; the costs of the Marshal shall be One Dollar for each Animal impounded, and reasonable costs for keeping the same. 4th That this ordinance shall not include milch Cows and shall take effect and be in force within ten days after its passage. On motion of Aldm. Robinson the rules were suspended and after passing its second and third reading the Ordinance was then passed by the following vote. Yeas: Alderman Geo. Sussmann A. Scholz " " Wm Brueggerhoff J.H. Robinson " " G.W. Cannig Nays: None Alderman Wm Brueggerhoff offered the following Resolution Be it resolved that the Commit- tee on Fire is hereby instructed, to confer with a Committee of three selected by the Fire Department and urge the speedy construction of the new --- Page break --- 301 house for the Hook and Ladder Co. Nº 1 and Colorado Co. Nº 2 and inform them that sufficient fund has been collected to commence the construction of above Building without delay on the ground leased by the City for the above purpose. On motion of Alderman J.H. Robinson the resolution was adopted. The bill of C. Stuepsy for waiting on Mr. Morgan and Family in a case of Smallpox Amounting to $53.75 was presented On motion of Alderman Hannig it was ordered to be paid Alderman Sufsmann offered the follow- ing Ordinance Be it ordained by the City Coun- cil of the City of Austin, That the sum of One hundred and fifty Dollars in currency be and is hereby appropriated as a contingend fund for the purpose of carrying on the City Government for the month of January 1873. That said amount shall be be paid or so much as shall be necessary out of any money in the City Treasury not otherwise appropriated. On motion of Aldm. Hannig the rules were suspended and after passing the second and third reading the Ordinance was then passed by the following vote Yeas Aldermen: Geo Sufsmann A. Scholy " " J.H. Robinson J.W. Hannig Wm Brueggerhoff Nays: None The following bills against the City were presented M.M. Long for work on the Streets amtg. $106.75 [illegible] " " " " 47.00 " " Cash advanced for sundry tools 9.75 J.W. Hannig for 2 Office (Purposes) 20.00 State Gazette " Printing Blanks Posters etc. 62.00 H. Montgomery " Police service 12.00 Jugues " Fire-wood 3.50 J.S. Penn " Stationary 5.10 C.F. Millette " work on Magician documents 791.13 On motion of Alderman Scholy they were --- Page break --- 302 refered to Finance Committee. On motion of Aldm. Geo. Sufman a Com= mittee of three was appointed to prepare an Amended Charter for the City of Austin to pre= sent to the next Legislature, and to confer with three members of the Bar of the City in reference thereto, and report at the next meeting, whereupon His Honor the Mayor appointed Aldermen Sneed Robinson and Brueggerhoff as said Committee, and on motion His. [illegible] the Mayor was added to the Committee. Alderman Robinson moved that the ac= tion of City Marshal Long to remove Policeman B. Montgomery be sanctioned by the City Council which motion was adopted. On motion of Aldm. Robinson the Coun= cil adjourned until next Monday 7 Oclock P. M. Fred Sterzing Recorder