400 upon him by the Ordinance aforesaid, hereby agrees that if the said Gas Works are constructed moderately and operated by said Sylvester Watts his associates successors, and Assigns as provided, and stipulated in the ordinance aforesaid then, all the rights franchises privileges and grants secured to said Sylves- ter Watts and his associates by the Ordinance aforesaid shall be, and are hereby confirmed. In Witness whereof said parties have here to set their hands and seals (using scrolls for seals) this fourth day of November A.D. 1873. in duplicate Witness. J. B. Wheeler Mayor [Seal] Sylvester Watts [Seal] City Council Room Austin Tex. November 8/73. The City Council pursuant to a call of His Honor, J. B. Wheeler, Mayor the roll being called, the following Aldermen answered to their names, to wit: J. E. Breed, E. Bremond, G. J. Boardman, A. Scholz, Wm. Brueggerhoff, J. H. Robinson, H. H. Longley Absent: Ald. [illegible] Subermann, J. N. Hanning, and E. Thompson The Mayor stated that the meeting was called for the purpose of receiving the report of the Judges of the city election held on the third day of November 1873. The certificate and poll books of said Judges of the election were then read, received and adopted. Ald. Longley offered the following resolution which passed unanimously: Be it resolved by the City Councils of the City of Austin That His Honor the Mayor, be, and he is hereby requested to notify J. B. Wheeler that he was elected Mayor, M. M. King that he was elected Marshal, J. W. Howard, that he was elected Treasurer, by H. Hertz, E. Bremond, G. J. Boardman, Ed. Christian, J. Bohma, S. Dodd, A. Scholz, Wm. Brueggerhoff, John H. Robinson, and N. B. Mitchell, that they were elected Aldermen of the City of Austin, for the term of two years, at an election held on the --- Page break --- 401 -day November 3rd 1873, as appears from the pollbooks and certificate of the Judges of election. A petition of W. Wilson, asking for a license to retail liquors less than one quart was read received and granted. A petition of D. Mc Egell, praying to be released from the payment of his last to notes, for butcher privilege in first ward, was read and laid on the table. The bills of Judges and Clerks of the last election were presented, and on motion of Alderman, the usual fees for said services was allowed. Ald. Robinson offered the following ordinance. Be it ordained by the City Council of the City of Austin: Sec. 1st That the ordinance entitled "And Ordinance to regulate City surveys and define the duties of City Engineer" approved on the 19th day of August 1873, be and the same is hereby repealed and the office of City Engineer therein created is hereby abolished. Sec. 2nd That this ordinance take effect and be in force from and after the 30th day of November 1873. The adoption of the ordinance was carried. Ald. Brueggerhoff moved to suspend the rules to put the ordinance on its second reading. The yeas and being called it resulted: Yeas. Alden: J. B. Sneed, C. Bremond, G. J. Boardman, A. Scholz, Wm Brueggerhoff and J. H. Robinson. Nays. A. H. Longley. There not being a two-third majority of the whole board of Alderman the suspension of the rules was not carried. Ald. Sneed moved that Ald. Boardman be requested to serve in his place on Committee of Finance as he would be absent for some time. The motion was carried and the request granted. Ald. Longley offered the following resolution which was unanimously carried: Be it resolved by the City Council of the City of Austin: That the thanks of the Board of --- Page break --- 402 of Aldermen be and they are hereby extended to His Honor, Mayor Wheeler for the able and impartial manner in which he has presided over the deliberations of this Council; and to Fred Sterzing for the faithful and efficient manner in which he has discharged the duties of City Recorder and also M. M. Long Marshall and J. W. Howard, Treasures for the efficient discharge of their respective duties for the present year. A bill of Loomis & Christian amounting to $75.00 coin, for building a bridge in 7th Ward, was presented and refered to Street Committee. The following communication from Alderman S. E. Sneed was then read, to wit: To the City Council of the City of Austin: Gentlemen:— From the published result of the election held in this City on the 3rd day of November 1873 it appears that one H. M. Metz received six more votes for the office of Alderman of Ward No one of said City, than the undersigned, who received the next highest number of votes to said Metz for said office. The undersigned is advised and believes that said Metz was inelligible to said office at the time of his said pretended election, because he the said Metz had not been a bona fide resident of said Ward at the date of his said pretended election for thirty days. The undersigned is further advised and believes that fraudulent votes were cast at said election for said Metz, that is to say that per- sons voted for said Metz at said election who under the Charter of said City were not entitled to vote at said election and that if the illegal votes so cast for said Metz were excluded from the count the undersigned has received a pluralityity of legal votes cast at said election for Alderman of said Ward. The undersigned therefor respectfully asks your Honorable body to investigate the matters stated in this communication; and in the --- Page break --- 403 event that said Metz shall be found inellegible or the undersigned received a plurality of the legal votes for said office then, that a new election be ordered by your Honorable body to fill said office. Thomas C. Sneed. Austin Texas November 8th 1873. Ald. Longley moved that the communication be received, and refered to the new board of Aldermen which motion was carried. The Sextons report for the month of October 1873. was presented, showing 19 interments for that month. On motion the report was refered to Cemetery Committee. There being no further business, the Council adjourned to half-past 7 o'clock Wednesday night next. Fred Sterging Recorder. City Council Room Austin Tex. Novem 12, The City Council met pursuant to adjournment, His Honor T. B. Wheeler in the chair. The roll was called, and the following Aldermen answered to their names: C. Bremond, B. S. Boardman, A. Scholz, Wm. Brueggerhoff, J. H. Robinson, A. H. Longley and S. Thompson. Absent. Aldermen T. C. Sneed, Geo. Susmann and J. W. Hannig. The annual Reports of the Treasurer and Assessor and Collector were presented as approved by the Finance Committee, and on motion they were adopted. The following report and resolution was offered by the Committee of Finances, to wit: That whereas the public generally demands that improvements of the city shall continue and whereas the Finance Committee have upon examination of the present income and expenditures of the city, come to the conclusion that general improvements to further --- Page break --- 404 the groth of the City, cannot be made on the present income of warrants for taxes, and whereas they think it advisable to adopt means to further the object of improvements, and lessen the expenditures of the City, They do hereby make this their unanimous report to the City Council. Resolved, That on and after the first day of December 1873 all dues to the City for Licenses and taxes of every kind shall be paid to the Appraiser and Collector of the City one half in U. S. currency legal tender Notes and the other half in warrants of the City of Austin, coupons on City Bonds when due or Jury Scrip and fire cistern Receipts. Wm Brueggerhoff G. S. Boardman E. Bremond. Resolved, By the City Council of the City of Austin that we heartily recommend to the new board of Aldermen elect to take up the report and resolution recommended by the Finance Committee and pass the same without delay. On motion the report and resolution was referred to the incoming Board of Aldermen. Alderman E. Bremond moved that the old Board of Aldermen adjourn sene die, which motion was unanimously carried. The following named Officers elected, were then sworn into office by His Honor James W. Smith to wit J. B. Wheeler as Mayor, and Wm. M. Long as Marshal. His Honor J. B. Wheeler Mayor then again took the Chair and swore into office the following parties: J. W. Howard as Treasurer, and E. Bremond, G. S. Boardman, E. Christian, F. Dohme, Sch. Todd, A. Scholz, Wm Brueggerhoff and John H. Robinson as Aldermen. The election of H. H. Shels of the first Ward and N. B. Witchell of the Ninth Ward for Aldermen being contested, they were therefore not sworn into Office. The new sworn in members of the City Council was then seated, the Roll called, Present: --- Page break --- 405 Aldermen C Bremond. G. S. Boardman— Ed. Christian F Dohme, Todd H Scholz, Wm Brueggerhoff and John H Robinson Alderman Brueggerhoff moved to adjourn to Friday night for the purpose of taking in consideration the contestation against H. M. Abetz and N. B. Mitchell, and that a Committee of Three be appointed to examine the validity of the cases of the contestants, and make there report on that night, which motion was carried. His Honor the Mayor appointed on that Committee Aldermen Robinson Bruegger- hoff and Boardman. Fred Sterzing Recorder— City Council Room Austin Tex. Nov 17/73 The City Council met pursuant to adjournment. His Honor J. B. Wheeler in the chair called the Council to order and stated that he had sworn into office H. M. Abetz and N. B. Mitchell as Aldermen The roll was called and the following named Aldermen answered to their names, to wit: H. M. Abetz C. Bremond, F. Dohme, S. H. Todd, A. Scholz Wm. Brueggerhoff. J. H. Robinson, and N.B. Mitchell Absent: Aldermen G. S. Boardman and Ed. Christian. His Honor J. B. Wheeler stated that the Council met for the purpose of receiving the report from the Committee appointed to investigate the validity of the election of Aldermen H. M. Abetz and N. B. Mitchell. Whereupon Alderman Brueggerhoff moved that the Committee be allowed further time to make their report, not to exceed Tuesday The 25th of November, 1873. Minutes from September 15th to date were read and on motion adopted. Ald. Brueggerhoff offered the following resolution, which passed unanimously: Be it resolved by the City City Council of the City --- Page break --- 406 of Austin, That from and after the first day of December 1873 the taxes on real estate, licenses and merchandise shall be paid to the city collector, as follows: One half in United States legal tender, or bank notes and the other half in city Warrants, Austin city jury scrip or fire cistern receipts. That all licenses, rents and income of Market House and stalls, and unpaid fire tax, shall be paid in United States legal tender or bank notes only. That due coupons on Austin city bonds shall be receivable for all taxes and dues to the city except for rents and income of Market stalls. That the recorder be and he is hereby required to have this resolution published in the official paper of this city of Austin, and have this resolution printed on large size posters and posted in all the public places of the city. Ald. Robinson moved that the ordinance introduced at the meeting before the last, repealing an ordinance entitled "An Ordinance to regulate City Surveys and define the duties of City Engineer" be heretaken up, which motion was carried. The ordinance was read the second time, on motion of Ald. Brueggerhoff the rules were suspended, the ordinance read the third time, the yeas and nays were called and the ordinance passed by the following vote. Yeas, Ald. Th. W. Whety, C. Bremond, B. Dohme, S.Th. Todd, A. Scholy, Wm Brueggerhoff, J. H. Robinson, N. B. Mitchell. Nays: none Ald. Brueggerhoff introduced the following resolution: Be it resolved by the city Council of the City of Austin: That five hundred dollars in money be and is hereby appropriated from the first cash receipts, to be set aside by the city Treasurer, to pay coupons due on city bonds on December 1st 1873. On motion of Alderman Brueggerhoff the rules were suspended the resolution read the second time, on motion of Ald Brueggerhoff the rules were further suspended the resolution read the third time, on --- Page break --- 407 motion of Ald. Robinson the yeas and nays were called on its final passage resulting. Yeas: Aid H. M. Metz, C. Bremond, F. Dohme, S. H. Todd, A. Scholz, Wm Brueggerhoff, J. H. Robinson, N. B. Mitchell Nays: none His Honor S. B. Wheeler then appointed the regular standing Committees as follows: Finance Committee. C. Bremond: Chairman: Wm Brueggerhoff: G. S. Boardman. Street Committee. J. H. Robinson: Chairman. F. Dohme: Ed. Christian. Market House Committee. G. S. Boardman: Chairman. A. Scholz: S. H. Todd. Cemetery Committee. Ed. Christian: Chairman. F. Dohme: N. B. Mitchell. C. Bremond was afterwards added. Fire Committee. Wm Brueggerhoff: Chairman. H. M. Metz: A. Scholz. Police Committee. C. Bremond: Chairman. J. H. Robinson: G. S. Boardman. On motion of Ald. Brueggerhoff the Council adjourned until called by his His Hon. the Mayor. Fred Sterzing Recorder