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Austin Fire Safety Rules and Business Licenses 1874

Tuesday, January 6, 1874 regular

New Fire Safety Ordinance: Council passed strict building regulations requiring fireproof materials (brick, stone, slate, tin, or iron) for any new or repaired buildings in designated fire-limit zones around Congress Avenue and Bean Street. Wooden buildings were banned in these areas, with violators facing fines and city demolition of non-compliant structures.

Business License Tax: Council approved formation of a special committee to develop a new merchant licensing tax ordinance, signaling efforts to regulate and generate revenue from local businesses.

Retail Liquor Permit Approved: Louis Breshiani received permission to sell spirits in quantities under one quart, expanding retail beverage options in the city.

City Sexton Position Confirmed: After heated debate, C.C. Nitschke's election and bond as City Sexton (cemetery and burial official) were ratified, though several aldermen opposed the decision.

Minor Infrastructure: Council authorized repairs to gutters at the Fire Engine House and approved a new city safe for protecting government records and documents.

Full Transcript

417 Regular meeting of the City Council Austin Tx. Jan. 6th 74 His Honor J. B. Wheeler in the chair called the Council to order; the roll being called the following named Aldermen answered to their names, C. Bremond, G. P. Boardman, F. Holmes, S. H. Dodd, Ed. Christian A. Seboly Wm Breuggerhoff, John H. Robinson A.B. Mitchell. Minutes of the month of December 1873, were read and adopted. The report of the Judges of the special election held on the 13th day of December 1873 in ward 1, of the City of Austin for Alderman of said Ward; was presented and received, and Th. Mb. Mety who having been elected was sworn into office. Petition of Louis Breshiani praying for the privilege to retail spirituous liquors in quantities less than one quart was read, and granted. Petition of W. J. Thorne praying to complete his frame building now in erection on Block No 13, which is within the fire limits, was read, and granted. Petition of W. R. Robinson praying for the privilege to open a butcher stall in ward No 8, was read, and granted. Ald. Breuggerhoff chairman of the Fire Committee to whom was referred the petitions of S. B. Boush and W. H. Millian, reported adverse to granting said petitions. The report was on motion adopted. Reports of City Physician for the months of November and December 1873 were read and received. The matter of Alex. Transe contestant for the office of City Sexton was then brought before the Council, the matter discussed by the Council and also by the counsel for C. C. Nitschke. After a lengthy discussion Ald. Breuggerhoffs moved that the bond of C. C. Nitschke executed by him for the faithful performance of his duties etc. as City Sexton be approved. the motion was carried --- Page break --- 418 The yeas and nays being called and the bond was approved by the following vote; yeas Ald. Dohme, Christian, Scholz, Brueggerhoff Metz & Todd, Nays; Ald. Bremond, Boardman Robinson and Mitchell. Ald. Boardman ordered to have his vote changed to yes; insted of no, that he was not aware of the question before Council at the time of his voting. Ald. Brueggerhoff offered the following resolution; Be it resolved by the City Council of the City of Austin that the election of C.L. Nitschke as City Sexton on November 28th 1873, is hereby ratified. The yeas and nays were called for on the adoption of the resolution, resulting as follows; yeas Ald. Christian, Dohme, Todd, Scholz, Brueggerhoff and Metz. Nays; Ald. Bremond, Boardman, Robinson and Mitchell, so the resolution was adopted. Ald. Brueggerhoff introduced an Ordinance regulating the license tax upon Merchants, the ordinance was read received, and then referred to a special committee of three, whereupon His Honor appointed Ald. Brueggerhoff, Bremond and Robinson. Ald. Boardman offered the following resolution; Be it resolved by the City Council of the City of Austin that for the better security and preservation of the Records and Documents belonging to the City Government, that the Mayor be and is hereby authorized to purchase a safe for such purposes. On motion the resolution was referred to Committee on Finances. Bills of W.M. Wilson and J. B. Burron were presented, J. B. Barrons dated Sept. 1st 1871 with a balance due of $122 W. M. Wilson's being dated Jan 11th 1872, showing a balance due of $22.70, these parties asking for a City Warrant on said bills, but no action was taken. Ald. Brueggerhoff offered the following resolution; Be it resolved, that the Fire Committee is hereby instructed to revise an ordinance which will be plain and to cover any objections, that may arise from the present ordinance, and showing the public --- Page break --- 419 and all interested that no appeal from the City Council can be had against the strict inforcement of said ordinance. the resolution was on motion adopted. Ald. Bremond moved that the Street Committee be authorized to have the gutter fixed in front of the Fire Engine House. the motion was carried. On motion of Ald. Bremond the Council adjourned to 7½ o'clock friday evening Jan. 9th 1873. Fred Sterzing Recorder. Report of the Judges of Election, held December the 13th 1873, for Alderman of the first Ward. Metz 79. Green 13. Sneed 3. We the undersigned Judges & Clerks of the election held in Ward No 1 of the City of Austin, for Alder man of said Ward, December 13th 1873, Certify that the above is a correct and true return of the same. A. Sampson } H. C. Pengener } Joe A Costa } Clerks Robt. Barr } Judges Ford. Marchal } The above report is a true Copy. Fred Sterzing Recorder. --- Page break --- 420 Election Returns for an Election held in the City Mayors Marshals Treasurer 1st Ward 2nd Ward Ward Ward Alderman Alderman Aldm Alderm 1 109 50 108 51 109 50 62 56 33 2 119 30 122 46 124 45 105 36 3 67 26 69 23 68 25 80 1 4 58 25 59 24 63 21 5 32 49 47 44 40 40 6 9 33 72 30 10 32 7 122 76 125 74 1 120 72 8 85 115 95 104 88 112 9 165 69 178 61 1 172 61 10 101 91 107 85 109 81 Total 867 584 917 542 2 903 539 62 56 33 105 36 80 1 584 542 283 375 We the undersigned Judges of return of the Election for City Officers, for the 3rd day of November A. D. 1870. Attest C.P. Philipps } Clerks J.W. Glenn of John Swisher Jr. } Election H. Sampson --- Page break --- 421 of Austin, State of Texas Nov. 5th 1873 for City Officers [column headers - partially illegible] 4th Ward Alderman | 5th Ward Alderman | 6th Ward Alderman | 7th Ward Alderman | 8th Ward Alderman | 9th Ward Alderman | 10th Ward Alderman 72 32 13 80 29 12 100 83 101 90 1 1 202 9 86 46 40 1 72 32 1380 29 12 100 83 101 90 202 9 86 46 40 1 Election hereby certify that the above is a correct the city of Austin, held at Austin, Texas, on— Joseph Lee W. C. Bartholomew } Judges James R. Barron of J. Harrell S.M. Myers } Election Col. Finnin --- Page break --- 422 Council Room Austin Tex January 9/74 City Council met pursuant to adjournment. His Honor J. B. Wheeler in the chair called the Council to order. The Roll being called, the following named Aldermen answered to their names. Towit: J. J. Boardman, Wm Brueggerhoff J. Dohme, H. H. Metz A. B. Mitchell John H. Robinson, A. Scholz D. H. Todd. Absent Ald. E. Bremond Ed. Christian. Fire Committee which was instructed to revise the ordinance Defining the fire limits reported and introduced the following ordinance: An ordinance regulating the Fire Limits of the City of Austin. Be it ordained by the City Council of the City of Austin. Sec 1st That the fire limits of the city of Austin shall embrace the following Blocks of ground fronting Congress Avenue. Numbers 30, 42, 56, 69, 84, 97, 111, 123, on the East side, and Numbers 29, 43, 55, 70, 83, 98, 110, 124, on the West side. Also the following Blocks fronting Bean Street Numbers 71, 72, 54, 53, 57, 55, 57, 60, 61, 64, 65, 66, 67 and 68, said Blocks being more fully described on the map of the City of Austin now in the Mayors Office for reference. Sec 2nd It shall not be lawful to erect, build, place, move or enlarge any wooden building whatsoever constructed of wood or wooden roof on any of the Blocks enu- merated in the first preceding section. Sec 3rd Each and every Building of any size or kind hereafter erected on any of said Blocks as described in section one, shall have walls and roof constructed of fire proof material, using for walls brick, Stone or Concrete and for roof Slate, tin or iron. Sec 4th Whenever any wooden building now standing within said fire limits shall be damaged by fire or otherwise or need repairs the rebuilding or repairing of the same is hereby prohibited. Unless the owner shall use fire proof material --- Page break --- 423 such as enumerated in the preceding section, to rebuild or repair the same. Sec. 5th Any person who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and fined as in other cases of misdemeanor, and each day that such building or other improvement remains shall be deemed a separate offense. And the city Marshal is hereby authorized to raze said building or improvement and collect the expense attending the same from the person owning, or erecting said building or improvement. Sec. 6th That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, and that this ordinance take effect and be in force from and after its passage. On motion of Ald. Boardman the rules were suspended the ordinance read the second time, on motion of Ald. Robinson the rules were further suspended the ordinance read the third time and the yeas and nays being called the ordinance passed by the following vote: Yeas. Ald. Boardman, W. Brueggerhoff, Dohm, Marty, Mitchell, Robinson, Scholz, and Todd. Nays; None Ald. Robinson moved that two of the present mounted police be dismounted. Carried. Ald. Boardman moved that the Mayor be authorized to issue a city warrant of $150.00 to the city Recorder for services rendered as registrar of voters for the city of Austin. which motion was carried, unanimously. On motion of Ald. Robinson the Council adjourned. Fred Sterzing Recorder