320 City Council Room Austin Tex April · Called meeting The Council was called to order by His Honor T. B. Wheelz Present: Ald. T. E. Sneed E. Bremond " Ed. Christian Geo. Susmann " Wm. Brueggerhoff J. H. Robinson Absent: " A. Scholz J. W. Hanning His Honor the Mayor stated to the Council that the object of the meeting was to agree on an amendement of the new city Charter now before His Excellency the Governor for approval, as His Excellency would veto said charter unless the limits of the city be extended, and the clause preventing delinquent tax payers from voting at city elections be stricken out. The Council agreed on an amendement, as specified, and Ald. Sneed offered the following resolution to be presented to the present Legislature. Be it resolved by the city Council of the city of Austin That the Honorable The Legislature of the State of Texas be and the same is hereby respectfully requested to enact into a law the Bill which accompanies this resolution. Passed unanimously. On motion the Council adjourned. Fred Sterzing Recorder Council Room Austin Tex. April 7 th 1873 Regular meeting The Council was called to order by His Hon. T. B. Wheelz Present: Aldm. Wm. Brueggelhoff T. E. Sneed " A. Scholz Geo. Susmann " J. H. Robinson J. W. Hannig Absent " Ed. Christian E. Bremond Minutes of the last regular and all subsequent meetings were read. Ald. Hannig wished the special terms at which Mr. F. Dohme rented the City Hall be spread upon the Minutes. whereupon Aldm. Sneed offered the following resolution --- Page break --- 321 Be it resolved by the City Council of the City of Austin, That the Mayor be and is hereby authorized to enter into and sign a written contract on behalf the City of Austin with F. Dohme for the renting of the City Hall for the term of two years from the first day of April 1873 on the following terms to wit: That the Citizens of Austin shall have the use of said Hall for public meetings at any time during said term; that said F. Dohme shall pay for the use of said Hall the sum of Three Hundred Dollars in coin per annum payable quarterly in advance; and that all additions and improvements made to and upon said Hall shall be the property of the City at the expiration of said term of two years; and that said F. Dohme be required to give good and sufficient security for the performance of said contract. Ald. Hannig seconded the resolution, and the same passed unanimously. Petitions of Messrs. Doyle & Co. and of Messrs Doran & Co. asking license to open Barroom, was read, and on motion was granted. Petition of Mr. Ezell to erect a butcher Market near the Rail Road Depot was read. On motion it was laid over until next meeting. Petition of Mr. Marshall asking to be employed on police force was read, and referred to the City Marshall. Petition of May James praying for the issuing of a Warrant covering the last installment of the donation of the City of Austin to the Texas Military Institute of $250.00 was read; and on motion of Ald. Robinson the petition was refered to Committee on Finance to make report by next meeting. Bill of Drs. Haddea & Commings for medical attendance on Juan Belmonties was presented and dis- cused, and on motion of Ald. Sneed the same was reduced to $40.00 as an average price in like cases, the motion was duly seconded, the rules were suspended, the yeas and nays being called it resulted as follows: Yeas Ald. Brueggerhoff Hannig over --- Page break --- 322 Yeas: Ald. Sneed Scholz Susmann Robinson Nays none Bill of Dr. Hcardra for medical attendance on one Herda, a pauper, was presented. On motion of Ald. Robinson the same was reduced to $30°° as charges in like services. The motion was seconded, the rules suspended, the yeas and nays were called and passed by the following Yeas Ald. Sneed Brueggerhoff Robinson " " Hannig, Scholz, Susmann Nays none Bill of A. Scholz amounting to $221 7° for building two bridges in 5th Ward, and also Bill of J.H. Robinson & Son amounting to $18 35 for furnishing provision to John Belmontes whilst sick was presented and on motion of Ald. Robinson were ordered to be paid and warrants to be issued for same. The motion was seconded, the rules were suspended, the yeas and nays were then called and passed by the following vote. Yeas Ald. Sneed Robinson Hannig " " Brueggerhoff Susmann Scholz Nays none The report by the judges of the election held on April 7th 1873 for Chief of the Fire Department was presented the result being as follows: M. M. Long received 55 votes Joe A. Nagle " 25 " C. F. Midlett " On motion of Ald. Sneed M. M. Long was duly declared Chief of the Fire Departement for the ensuing year. The election of City Physician being in order the Council proceeded to ballot On the first ballot Dr. Stalnaker received 4 votes " " " Dr. Hcadra " 2 " On motion of Ald. Sneed, Dr. Stalnaker was duly declared City Physician Report of the City Sexton for the month of March 1873 was received and adopted. His Hon the Mayor then read his veto message on the resolution appropriating $350°° to cover the judge- --- Page break --- 323 ment of Stewart and Fitch against Ex. Mayor Glenn and Ex. Marshal Evans, after a careful examination of the facts, Ald. Sneed moved that the resolution appropriating the above sum for said purpose be adopted, which motion was seconded, the rules suspended, the yeas and nays being called it passed by the following voteYeas: Ald. Brueggerhoff, Sneed, Scholz, Susmann, Robinson, Hannig. Nays none Ald. Brueggerhoff offered the following resolution Whereas two approved accounts against the City of Austin for services rendered by Brown as Basks it master, one amounting to $19.00 and one amounting to $28.00 coin; said accounts having been transferred to J. W. Hannig and whereas it has been made efficient to this Council that said accounts have been lost by the City authority and not been paid by the City and whereas Mr. J. W. Hannig is the auditor of the City for the lost accounts; therefore be it resolved that the Mayor is hereby authorized to draw his warrant on the City Treasury for $47.00 coin in consideration of the claim and take receipt in full of W. J. Hannig for said amount. That this resolution be and is hereby in force from and after its passage. On motion of Aldm. Robinson the rules were suspended, the resolution read the second and third time, the yeas and nays being called it passed by the following vote- Yeas: Ald. Brueggerhoff, Sneed, Scholz, Susmann, Robinson Nays none Ald. J. W. Hannig having been excused from voting the resolution. Ald. Hannig moved that his Honor the Mayor would request Ex. Mayor G. W. Glenn to have his picture taken on account of the City, and that the same be added to the Gallery of all former Mayors of the City. Aldm. Brueggerhoff moved that Mayor Wheals will do the same and that he be requested to procure pictures of Ex. Mayors Seek, Courtle and all other Ex. Mayors not yet in the Mayors Office so that the Gallery be complete, which motions were carried unanimously. --- Page break --- 324 Ald. Brueggerhoff moved that the City Marshal be instructed to employ a suitable person to light the lamps on the Street corners and procure the necessary Oil etc. at such low rates as possible, such motion was unanimously adopted. His Hon. the Mayor informed the Council, that he in connection with the City Marshal employed a suitable man to catch dogs not Licensed and Cattle and Hogs running at large in the City contrary to City Ordinance, at the pay of a Policeman as the other Policemen were to much engaged in their duty as such, which was unanimously sanction On motion of Ald. Brueggerhoff the Council adjourned to Thursday evening April 10th 1873. Fred Stezing Recorder Council Room, Austin Texas, April 10th 1873 Regular meeting continued, His Hon the Mayor called the meeting to order, Present: Ald. T.E. Sneed; Geo. Supmann A. Scholz " J.H. Robinson; W. Brueggerhoff, J.H. Hannig Absent " E. Bremond, Ed. Christian, Petition of M. Paggie asking the privilege to exhibit his panoramic views at a license of $300 per week was read, On motion of Ald. Brueggerhoff the petition was granted by him paying a license of $600 per week until otherwise provided for by Ordinance Petition of R.W. Ford praying to be appointed city surveyor was read, On motion of Ald. Brueggerhoff the same was laid over until next regular meeting. Petition of G.B. Zimplemann A.S. Roberts and others proposing certain conditions to supply the city with water was read. Ald. Sneed moved that a Committee of three be appointed with the Mayor to report upon the same by next Monday evening; whereupon His Hon. appointed Ald. Robinson Sneed and Brueggerhoff. Ald. Hannig moved that Mr Lorance Duelin a crippled man, be permitted to sell Cigars free of licen tax, which motion was unanimously passed. Mr. Baker proposed to the Council to build a bridge across the Colorado river for the sum of --- Page break --- 325 three hundred thousand dollars after discussion Ald. Sneed moved that Mr. Baker furnish a detail of his proposition and specification of his bridge and when furnished the Mayor be authorized to call a meeting of the citizens of Travis County to consider the same which motion was adopted. Petition of P. Hopkins asking privilege to open a barroom was presented and granted. Ald. Robinson offered the following Ordinance. Be it ordained by the City Council of the City of Austin. That Article 171 of the ordinances of said City be so amended as to read as follows: Article 171- Whenever an additional police force may be necessary to quell any riot or disorderly conduct, or in order to arrest or secure any person or persons accused of any crime or violation of any law or ordinan- ce, the City Marshall or any one of his deputies is hereby severally authorized to call upon any inhabitant of the City and require his aid and assistance and any inhabitant so called upon and required to assist in the quelling of any riotous or disorderly conduct, or to aid in arresting or safe keeping of any person accused of any crime or breach of law or ordinance who shall neglect or refuse to give such aid or assistance to the best and utmost of his ability shall be deemed guilty of a misdemeanor. That this ordinance take effect and be in force from and after its passage On motion of Ald. Robinson the rules were suspended, the ordinance passed its second and third reading, the yeas and nays being called it past by the following vote. Yeas: Ald. Sneed, Susmann, Scholz, " " Robinson, Brueggerhoff, Hannig, Nays none Ald. Sneed offered the following following Ordinance Be it ordained by the City Council of the City of Austin Section 1 That hereafter when any person or firm shall desire to sell butchers meat at any other place than at the City Market house such person or firm shall apply to the City Council in writing for that privilege, --- Page break --- 326 stating in such application the precise place at which they desire to pursue such business, and that at the first meeting of the City Council after such application shall be made and delivered to the Mayor said Council may grant such privilege and order a license to be issued to such appli- cant Section 2. That before a license shall be issued such as is mentioned in the preceding section, the applicant shall pay the license tax as now fixed by ordinance and shall also pay one quarter of the minimum price fixed by the City Council for the rent of stalls in the City Market house, and shall also execute his notes payable to the City with good security to be approved by the Mayor for the payment of the remaining three fourths of the minimum price of stalls in the Market house in equal installments to be paid at the beginning of each succeeding quarter of the year Section 3 That all butchers meat brought to the City for sale by any butcher licensed under this ordinance, shall be subject to inspection by the City authorities in the same manner that meats are now liable to inspection in the City Market, and that any butchers licensed under this ordinance who shall sell any unwholesome or unsound meat shall be deemed guilty of a misdemeanor and on conviction shall be punished as prescribed in other cases of misdemeanors by ordinance Section 4 That butchers licensed under this or any other ordinance of the City are required to keep the stalls or places occupied and used by them in selling butchers meat cleanly and free from filth or offensive matter, and whoever shall violate this section shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in other cases of misdemeanor by ordinance. On motion of Ald. Brueggerhoff, the rules were suspended, read second and third, the yeas and nays be- ing called it passed by the following vote. Yeas: Ald. Sneid, Brueggerhoff, Hannig, " " Scholz, Susmaim, Robinson. Nays none --- Page break --- 327 Petition of Ezell praying the privilege to rent butchers meat in the Southeast portion of the City was read, and granted. Petition of A McWhim Jones asking the privilege to sell butchers meat in what is formerly Known as Bursss Hall was read, and granted On motion the Council adjourned until next Monday evening April 14th 1873. Fred Sterzing Recorder State of Texas County of Travis } Know all men by these presents } that we S. B. Wheeler Mayor of the city of Austin, of the first part, and St. Dohme a resident citizen of Travis County Texas of the second part, enter into the following agreement, to wit: The party of the first part as Mayor aforesaid, acting under a resolution passed by the City Council, on the 7th day of April 1873, lets, rents & leases unto the party of the second part for the period of two years from April 1st 1873, the City Hall, over the Market House for Three Hundred coin Dollars annually, paid quarterly in advance. The party of the first part gives unto the party of the second part possession & full control of said Hall for the above period, at all times, except when the citizens of Austin or a respectable portion of them wish to hold a public meeting in the same, then the party of the first part retains the right for the city to control said Hall for said purpose. The party of the second part agrees to let, lease & rent, and by these presents lets, leases & rents the said above described Hall for the period of two years from the 1st day of April 1873, agreeing and obligating himself to pay for the rent of said Hall to the City of Austin Three Hundred coin Dollars annually, said payments to be made in installments of Seventy Five Dollars coin in advance quarterly, said rents to be secured in the same manner that rent is secured on stalls of the Market House. The party of the second part obligates himself to take good care of said Hall, to put the same in good repair at his own expense, to erect a stage, Stage --- Page break --- 328 scenery, curtains & seats in said Hall at his own Spence, and at the expiration of his lease, to deliver to the proper City authority said Hall in good condition together with stage, scenery, curtains, and all other improvements which he may have made in said Hall. The City not being required to pay anything for said fixtures & improvements. The party of the second part further agrees that the citizens of Austin, or a respectable number of them, when they require shall have preemption to hold public meetings in said Hall free of charge. In testimony whereof the parties of the first and second parts hereunto sign their names This the 10th day of April 1873. T. B. Wheeler Mayor [seal] F. Dohme Council Room Austin Texas April 14th 73 Regular meeting continued His Hon. the Mayor called the meeting to order Present: Ald. Sneed, Susemann, Scholz, Hannig, Robinson, Brueggerhoff Absent " Bremond and Christian, Committee on investigation of the proposal by G. B. Zimpleman and others to supply the city with water, was reported favorably, report received and adopted. Ald. Brueggerhoff offered the following Resolution. Be it resolved by the City Council of the City of Austin That we hereby recommend to the Honorable Legislature of the State of Texas the passage of a "Bill" to incorporate the "Austin and Colorado Valley Water Works, and Navigation Company" to which this Resolution is attached. The resolution passed unanimously. Ald. Sneed offered the following Ordinance An Ordinance to provide for the levy and collection of an advalorem tax in the City of Austin for the year 1873. Be it ordained by the City Council of the City of Austin Section 1 That an advalorem tax of one half of one per centum be and the same is hereby levied and shall --- Page break --- 329 be collected for the year 1873 upon all property within the limits of said City now laid off and estab- lished by law made taxable by the laws of the State of Texas for State and County purposes. Section 2. That the Assessor and Collector of said City shall proceed without delay to complete the Assessment of the advolorem tax of said city for the year 1873 in accordance with this ordinance and that in making said assessment he shall Assess the tax upon each piece of property situated within the addition to said City as made by the act of the Legislature of the State of Texas entitled "An Act amendatory of an act entitled an act to incorporate the city of Austin" approved April 7th 1873 against the person who was the owner thereof on the tenth day of April 1873. Section 3. That all ordinances in conflict with this ordinance are hereby repealed, and that this ordinance take effect and be in force from and after its passage. The ordinance was read first time, rules suspended, read second time and on motion of Ald. Brueggerhoff the rules were further suspended, the ordinance read by caption third time, the yeas and nays being called it passed by the following vote. Yeas: Ald. T. E. Sneed, Wm Brueggerhoff " " Geo. Supmann, A. Scholly " " J. H. Robinson J. W. Hahnig Nays: none Petition of W. W. Fletcher asking to be appointed Market Master was read, On motion of Ald. Robinson action was defered on same until next meeting and Marshal Long was instructed to impose that duty on some policemen for the present. Petition of Archer & Myers praying to have credit for one month license on Barroom was read, and granted. Ald. Brueggerhoff offered the following Resolution Be it resolved by the City Council of the City of Austin That the Finance Committee be and is hereby instructed to ascertain the present debt of the City and report by ordinance or otherwise at the --- Page break --- 330 next meeting of this Board for the paying or bonding of the present dept of this City. The resolution passed unanimously. Ald Sneed moved that the Street Committee be directed to get up an ordinance for repairing of or constructing the sidewalks and report the same by next meeting, which motion was carried. Ald Sneed moved that the city Attorney be authorized to engage a competent Surveyor to assist him in the case of the City against Ed. Finnin. which motion passed unanimously Ald Sneed moved that the Mayor be requested to inforce the ordinances in regard to obstructing the sidewalks and thoroughfares which motion was unanimously carried. On motion of Ald. Brueggerhoff the Council adjourned to Thursday April 17th 1873 Fred Sterzing Recorder The Board of Aldermen sitting as a Court of Appeals The meeting was called to order by his Honor V.B. Wheeler Present Ald.s Sneed E. Bremond 24. Scholz " " Geo. Supmann J.H. Robinson " " J.H. Hannig Wm Brueggerhoff Absent. " Ed. Christian Mr D.P. Kinney made complaint and asked the Court to make his Assessment the same as he had rendered it to the State and County, whereupon Ald. Bremond moved that Mr D.P. Kinney's Assessment be received at the same as he gave it in to the State and County, which motion was unanimously carried. On motion of Ald. Brueggerhoff the Court adjourned until to morrow 12 Oclock. Fred Sterzing Recorder