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Austin's Park Gift and Market Regulations

Monday, May 24, 1875 regular

Major Land Donation: Former Governor E.M. Pease gifted 23 acres of land to Austin for use as a public park, located between Ninon Avenue and Shoal Creek—the council accepted the generous donation

Market Regulations: The city banned street vegetable vendors from selling during official market hours to protect merchants who paid for market stalls, with violators facing misdemeanor charges

Street Auction Ban: Auctioneers were prohibited from selling animals, vehicles, or merchandise on city streets (except state-mandated sales) due to noise complaints and pedestrian obstruction at Congress Avenue and Pecan Street

Fire Department Funding: The council approved a $100 monthly salary for a full-time engineer at the Colorado Steam Fire Engine Company No. 2

Liquor License Issues: Four applicants seeking retail liquor licenses were sent back to reapply after failing to meet city ordinance requirements

Full Transcript

547 City Council Meeting Austin Tx. May 24, 1875 Major J. B. Wheeler in the chair. Present Aldermen G. J. Boardman, E. Bremond, Wm Brueggerhoff, O. H. Cullen, F. Dohme, S. Piper, J. H. Robinson & S. H. Todd. Absent — Aldermen Col. Christians and N. B. Mitchell. Reports of Officers The Mayor's quarterly report was read, and on motion, received and ordered to be published. City Marshals for the month of April 1875 read, received and adopted. City Assessor & Collectors for the quarter ending Aug 3. 1875. was read, and referred to Finance Committee. City Marshals of the sale of vegetable stands at the city Market received. City Physicians, for the month of April 1875. received and adopted. City Sextons, for the months of March and April 1875 was read and referred to the Cemetery Committee. Petitions The property holders of Block 29, Div. E asking for the opening of the alley in said block, received and on motion, the Mayor was authorized to summon a jury and open the alley as required by ordinance. Charles Olsten, asking for a license to retail spirituous liquors less than one quart in Ward 8. Referred back to the petitioner to comply with the requirements of the city ordinance. John Rodgin, asking for a license to retail spiritous liquors less than one quart in Ward 1. Referred back to the petitioner to comply with the city ordinance. Charles Gallagher, asking for license to sell spiritous liquors less than one quart. Referred back to petitioner to comply with the requisi[tes] --- Page break --- 548 ments of the city ordinance. James Patterson, asking for a license to sell spiritous liquors less than one quart, March 9. Referred back to the petitioner to comply with the requirements of the city ordinance. S. S. Brown & M. R. Freeman, asking to amend the contract entered into with them on the 8th of April 1875, so as to provide that - the city is to contract with them to furnish fifty hydrants for fire and street sprinkling purposes in the manner prescribed in said contract, for a period of ten years from the date of the completion of said works, that at the expiration of said ten years the city shall have the right or privilege of purchasing said works at their maximum appraised value or of renewing the present contract for ten years longer. That they shall be released from that portion of their contract that requires them to sprinkle the streets or any portion of them, and that in case of accident to their works or machinery they shall be allowed a reasonable time for their repairs without forfeiting their contract. The petition was referred to a select committee consisting of Aldermen Brueggerhoff, Boardman & Cullen to report at an early day. C. L. Nitschke, city Sexton, suggesting the closing up of the middle street between lots Nos. 149 and 387, east, and 35 & 807 west in said Cemetery also calling attention to the bad condition of the crossing on East Avenue and Cherry street on the road to the Cemetery. Referred to the Cemetery Committee & Sexton, to report at next meeting. Osceola Archer, S. S. Penderxter and 107 more citizens, of Austin, asking that the vacant block situated immediately north of the Court house be enclosed, the block which was originally intended for a city park and as such was granted. As they therefore submit that in obedience to the obligations --- Page break --- 540 existing against the authorities of the city, in respect to the rights of the citizens who have improved that portion of the city and with a view to the protection of the city's interest, they ask that the improvement of said block by at least enclosing the same be earnestly solicited. On motion action on the petition was postponed. Communications. Austin City. May 22, 1875. To the Mayor & Aldermen of the city of Austin: Gentlemen - I send you, endorsed a deed of gift from my wife and myself to the city of Austin, for twenty three acres of land, lying and situated between Ninson Avenue and Shoal creek and entirely within the corporate limits of said city, to be used as a public Park; which, you will perceive by its terms, is to take effect when it shall have been accepted by a resolution passed by the city Council Mayor and Board of Aldermen, and entered of record in their proceedings. Yours with respect. E. M. Pease On motion, the communication was received and referred to a select committee of four consisting of Aldermen Bremond, Robinson, Dohme and Piper, to draw up a resolution accepting the same, and expressing to Gov. E. M. Pease and lady proper appreciation of such a valuable donation. Austin City May 4th 1875 To the Hon. T. B. Wheeler Mayor of the city of Austin Sir - Pursuant to an appreciation appointment from your honor on the eighth day of February last, I have made a thorough enumeration of the inhabitants of the city of Austin up to and including the thirteenth day of April. In making this enumeration I have visited every house in the city with but few exceptions being able to procure the names of occupants without going --- Page break --- 550 their houses I have now the honor to most respectfully submit the following report to wit: Americans 5157; colored 6497; English of foreign birth 113 Irish foreign birth 213; Scotch of foreign birth 19; French of foreign birth 65 Germans foreign birth 757 Swedes foreign birth 138; Poles foreign birth 41 Mexicans of foreign birth 297; Chinese 23; Italians 37; Russians 7; persons sojourning in the city 2700; Total 13,063. Any additional information I most respectfully refer you to the consolidated Roll now on file with the city Recorder. I remain, very respectfully Your obedient servant Joe A. Costa. On motion, the communication was received, and the Mayor authorized to issue a city warrant to Joe A. Costa, for the sum of $150. as partial payment. Wm. Heinrichs, claiming the amount of $175 for services as mounted police from 9th of January to 1st of February, 1875. On motion, the same was laid on the table. On motion, the Market House Committee was authorized to have the lightningrods on the Market House repaired, and the sum of $19. was [illegible] appropriated to pay the same On motion, the sum of $239. was appropriated out of any money in the city Treasury not otherwise appropriated, for the payment of sundry bills for the entertainment of the Mexican war veterans on the 5th of May 1875, by the following vote, to wit: Yeas: Ald. Boardman Bzemond, Brueggerhoff Cullen Dohme Piper Robinson & Fridd. Nays: none. The following Resolution was unanimously passed, to wit: Whereas, From and after the first day of May 1875: provisions will be made for the erection of a vegetable Market House on market Hill. by the renting of stands or stalls for the shelter and benefit of the gardeners and public, and --- Page break --- 551 Whereas, It being the custom of some market gardners to sell their produce in the corporate limits during market hours which will result to the detriment and injury to those paying for stall rights; therefore be it, Resolved by the city Council of the city of Austin, that no person engaged in the sale of vegetables from any vehicle shall be allowed to sell or dispose of the same in the corporate limits during market hours, which shall be until 7 a.m. from the 20th of March to the 20th of September, and until 8 a.m. from the 20th of September to the 20th of March. Any violation of this resolution shall be considered a misdemeanor and punished as in other cases of misdemeanor. The following resolution was introduced and read, towit: Whereas, There being repeated complaints from pedestrians and citizens doing business in the neighborhood of the crossing of Congress Avenue and Pecan Street, arising from the excessive noise and shouting from auctioneers and the daily blocking of the side-walks by a crowd of people attending the sale of stock by said auctioneers on said streets, thereby impeding and preventing the free passage of said side-walks; therefore be it. Resolved by the city Council of the city of Austin, that from and after the passage of this resolution, no animal, vehicle or any article of merchandise shall be permitted to be hired, or sold at auction in the streets of this city, except sales in pursuance of the Laws of the State and a violation of this resolution shall be a misdemeanor and punished as in other cases of misdemeanors. On motion, the yeas and nays were called and the resolution passed by the following vote, towit: Yeas: Ald. Boardman, Bremond, --- Page break --- 552 Brueggerhoff, Cullen, Dohme, Piper, Robinson & Todd, Nays- none. The following resolution was introduced and read, towit: Be it resolved by the city Council of the city of Austin, That Colorado Steam Fire Engine Company No 2, is hereby authorized to elect an engineer to take charge of their engine, who shall be a competent and skillful engineer and whose duty it shall be to be at all times on duty at the engine house of said Company; and who shall hold his office, subject to the regulations of the Fire Department until the her annual election in said Company. And that said engineer shall be entitled to a regular monthly salary of one hundred dollars, to be paid by the city, as other employees are paid. On motion, the yeas and nays were called and the resolution passed by the following vote; Yeas, Ald. Boardman, Bremond, Brueggerhoff, Cullen, Dohme, Piper, Robinson & Todd. Nay, none. On motion, the following resolution was unanimously adopted, towit: Be it resolved by the city Council of the city of Austin, That the Mayor be and is hereby authorized to issue proposals for bids to erect a shed and stalls for the sale of vegetables and general produce directly north and in the rear of the Market House; said building to be in accordance with the plans and specifications to be found in the Recorders Office and to be paid out of the income of said stalls. On motion, the Council adjourned. Fred Sterzing Recorder