553 Meeting of City Council Austin Tex. June 09, 1875 Mayor J. B. Wheeler in the chair. Present— Aldermen G. T. Boardman, C. Bremond, Wm Brueggerhoff, O. H. Cullen, F. Dohme, S. Piper, and J. H. Robinson. Absent— Aldermen— Christian, Mitchell & Todd. On motion, the reading of the minutes were dispensed with. Petitions Joseph Cordova, asking for a license to retail spirituous liquors less than one quart in ward 9. Granted McDowell & McElvain, asking for a license to retail spirituous liquors less than one quart in ward 9. Granted Mrs. A. Brace, asking permission to erect a stone wall in front of her lot No 7 in block 62; said wall to run on a line with said lot along the bank of Waller creek, and to commence with the N. E. corner of the S. E. abutt- ment of the iron bridge on East Pecan street. Referred to Street Committee with power to act in the premises. A communication from S. S. Brown & W. B. Freeman was read, informing the Mayor & Board of Aldermen that they assigned all their right title & interest in the contract entered into between them and the city of Austin, on the third day of April last, to furnish water for fire & street sprinkling purposes, to the City Water Company of this city, and asked that said assignment be ratified. On motion the same was laid over. Report of City Marshal, for the month of May 1875, was received and referred to Police Committee. Report of City Physician, for the month of May 1875 was received. Report of City Sexton, for the month of --- Page break --- 554 May 1875, received and referred to Cemetery Committee. The select committee who had under consideration the amendment asked for to the con- tract entered into with S. S. Brown & R. Freeman on the 3rd day of April 1875 to provide the city with water for fire and street sprinkling purposes; made the following report, to wit: To the Hon. Mayor of the city of Austin: We the undersigned committee, to whom was referred the matter of amending the contract heretofore entered into between the city of Austin, and Messrs. Brown & Freeman to erect and establish Water Works for said City, have had the same under consideration, and after due deliberation, beg leave to respectfully suggest that the amendments as asked for, be not granted. Your committee would recommend, that if said Brown & Freeman will reduce the price of the rent of their hydrants, say to eighty dollars per annum, and enter into an obligation binding themselves to have said works in operation within six months from the date of the original contract and that the same shall not be out of running order at any time for more than three days, that they may be released from sprinkling the streets; provided, they shall at all times keep plenty of water in said hydrants so the city may have the streets sprinkled at her own expense, and to that end, we recommend that the Mayor be authorized to alter or change the original contract with the consent of the other contracting parties for the period of twelve months from the time said works shall be put in operation, giving said Brown & Freeman or their as- signees the refusal to furnish water to said city every year thereafter for the period of ten years, at as low figures as any other --- Page break --- 555 555 company may propose to furnish the same; provided, that whenever there is another proposition by any other company to furnish water to said city, said Brown & Freeman or their assignes shall not exact a greater amount than that herein agreed upon. And that any additional hydrants that they may be called upon to erect, shall be furnished in the same manner and at the same price. That said hydrants shall all be so constructed as that hose may be readily attached thereto for sprinkling purposes. That if said Brown & Freeman prefer to go on under their original contract they shall have the privilege to do so, provided that what- ever works the may erect at any place in the city they shall do it at their own risk. And said city shall be held harm- less and free from any damages and costs in any suit or proceedings against her, arising from any accident that may occur by reason of the breaking of any pipes or water tower, or reservoir of said Brown & Freeman or their successors, or from any injunction suit or any other suit that may be instituted by any person against said Brown & Freeman or their assigns, or against the city of Austin, on account of the erection of said water- works in the Market House square or any other place in said city. And if in any event, said city should be subjected to any loss by reason of any suit as above named, then said works shall become the property of said city, and so remain until she shall be reimbursed for any such outlay. The amount agreed upon for the hydrants shall be paid for by the city quarterly. O. H. Cullen. J. J. Boardman --- Page break --- 556 The report was received, and the Mayor authorized to close contract in conform- ity with said report. The National Water Work Company of New York, made certain propositions to furnish the City of Austin with water for all purposes, which was referred to select committee, consisting of Aldermen Robinson, Bremond and Cullen. The Mayor suggested that a committee be appointed to take into consideration an amendment to the City Charter, relative to paying officers of the city salaries instead of fees. A committee of three was appointed, consisting of Aldermen Boardman, Cullen and Bolueggerhoff, to take the matter into consideration. Ald. Dohme moved that the Mayor be authorized to appoint two additional competant Surveyors to co-operate with the city surveyor, in establishing initial points at such places as said Board of surveyors may deem necessary and from which the remaining initial points specified in Art. 130 of the Ordinances of the city of Austin shall be located. Referred to Street Committee. Ald. Cullen introduced the following Resolution to wit, Be it Resolved by the city Council of the city of Austin, 1st That from and after the passage hereof, that the Mayor of the city of Austin shall be required to keep an order book with stumps at the end of each order where the same are fastened in said book, which orders shall be used by the Mayor on all occasions when any work or repairs of any description are to be done for the benefit of the city; and that whenever he shall give out any order for work, he shall mark upon the stump thereof what the work is for, to whom the order is issued and the contract price, if known, --- Page break --- 557 2nd And that no city officer shall contract for any work or repairs within the corporate limits of said city without getting an order from the Mayor for the same as contemplated in the first section of this resolution. 3rd That no account for work or repairs shall be approved, nor shall any money be appropriated to pay the same unless said work or repairs shall have been ordered as aforesaid by the Mayor. On motion the resolution was adopted. Ald. Cullen introduced the following resolution which was unanimously adopted, to wit: Be it Resolved by the city Council of the city of Austin, that hereafter no license shall be granted to any person to sell liquors in quantities less than one quart until it shall be ascertained by a comparison of the petition with the tax rolls of said city, that the requisite number of signers to such petition are bona fide freeholders and residents of the Ward where such person proposes to retail spirituous liquors as aforesaid. Ald. Cullen introduced an ordinance No. (60) to be entitled An ordinance relative to the loading and unloading of railroad and other freight in Pine Street. The ordinance was read, on motion the rules were suspended the ordinance read the second time, on motion the rules were further suspen- ded the ordinance read the third time and passed by the following vote: Yeas Aldermen Boardman Bremond, Brueggerhoff, Cullen Dohme, Piper & Robinson; Nays: none— On motion the Council adjourned. Fred Sterzing Recorder --- Page break --- 558 City Council Meeting Austin Texas June 17th 1875 Council met pursuant to adjournment, Alderman S. S. Boardman presiding. PresentAldermen Wm. Brueggerhoff, O. H. Cullen, Ed. Christian, G. Dohme, J. H. Robinson and S. H. Todd. Absent - Aldermen C. Bremond, N. B. Mitchell and B. Piper. On motion, the reading of the Minutes were dispensed with until the next regular meeting. Petition from J. Gruenberg was read, praying to be released from the payment of license tax on the retailing of fermented liquors, received and granted up to the 1st day of November 1875, by the following vote: Yeas - Aldermen Boardman, Brueggerhoff, Christian, Dohme & Todd. Nays - Alderman Cullen and Robinson. Petition from John. Cheneville and Joe Naggle, in behalf of Hope Hook & Ladder Company No. 2, was read, praying for an appropriation of six hundred dollars out of the city Treasury to defray the expenses incurred in building and placing in working order the Truck for the use of said Company. On motion, the petition was received and the appropriation made, to be paid on the first day of September 1875, by the following vote: YeasAld. Boardman, Brueggerhoff, Cullen, Christian, Dohme, Robinson and Todd. Nays none. The following communication was read, towit: Austin Tex. June 7th 1875 To the Hon. The Mayor and Board of Aldermen of the city of Austin: The undersigned hereby inform your honorable body that they have assigned all their right, title and interest in a certain contract entered into between the undersigned and the city of Austin, on the third day of April last, to furnish water for fire and street sprinkling purposes, to the City Water Company of this city and hereby beg your honorable body to ratify and consent to said --- Page break --- 559 assignment. Very respectfully, your obedient servants. S. S. Brown. W. R. Freeman. The communication was received and unan- imously accepted. A communication from D. V. Whiting Pres- ident, and C. W. White, Secretary of the City Water Company (in behalf of said Company,) was read, representing that said City Water Company are the assignees of Brown & Freeman and that they had adopted the amendments which were adopted by the City Council on the 9th day of June 1875 to the contract entered into by the city of Austin & S.S. Brown & W. R. Freeman on the third day of April last. They also submitted several amendments to said amended contract. On motion the communication passed over, and the following report from the select committee on the amendment of the orig- inal contract with Messrs Brown & Freeman was taken up, read and unanimously adopted to wit: Be it resolved by the city Council of the city of Austin, That the following substitute be adopted as an amendment of the report of the Committee acted upon at the last meeting of the Board of Aldermen, amending the water works contract with Brown & Freeman and that the Mayor is hereby authorized to modify and change said contract, substantially as follows: 1st The city release said Brown & Freeman and their assignees from sprinkling the streets. 2nd That the city engage and contract for fifty hydrants for the term of ten years. 3d, The consideration of said hydrants furnishing water for fire and street sprinkling purposes, to be eighty dollars($80) for each hydrant per year. (U. S. currency, payable quarterly. 4th Piping shall be first class iron pipes. --- Page break --- 560 The mains of which on the Avenue to be not less than eight inches in diameter, and on Pecan street not less than six inches in diameter, and extended throughout the city as fast as the city may order hydrants; The works for said streets to be completed on or befor the first day of January, 1875 5th The stand pipe shall have a Reservoir capacity of not less than 75,000 gallons and an altitude of not less than 60 feet. 6th That five days be allowed for repairs in case of accident. 7th That the Company shall give, before the contract is considered valid, satisfactory bond for the completion of said water works by the time specified G.C. Boardman, W. Brueggerhoff and C. H. Cullen. Committee. Alderman Brueggerhoff moved that the original contract together with all the amendments be referred to the ordinance committee to draw up the contract between the city of Austin & the Austin Water Company in conformity therewith, and the Mayor be authorized to sign said contract. Carried. Alderman Cullen moved that all that part of ground of the river walk, situated between the river and block 180, (except that part used by Mr. Creein) be leased to the city water work company for the term of ten years, at an annual rent of one hundred dollars, to be paid to the city quarterly in advance. Carried. Alderman Brueggerhoff moved that the as- signees of Mifs Brown & Freeman be required to give a good and well secured bond to the city of Austin, of the sum of ten thousand ($10,00) dollars to be approved by the Mayor, for the faithful compliance of their contract. Carried. Alderman Brueggerhoff introduced the following resolution, which was adopted, to wit: --- Page break --- 561 Be it resolved by the city Council of the city of Austin, That the Chief of the Fire Department be authorized to get a suitable house or shelter for the old hand engine and the new Hook and Ladder Truck, on the best terms for the city. Alderman Cullen introduced the following resolution, which was adopted, to wit: Be it resolved by the City Council of the city of Austin, That the city Marshall of said city is hereby required to reduce the police force of said city to eleven; and that he uses his discretion as to any removals he may make. Alderman Cullen introduced an ordinance to be entitled, "An Ordinance to prohibit peddling without license" The ordinance was read the first time and laid over under the rules. On motion the Council adjourned Fred Sterzing Recorder. Regular Meeting of the city Council City Council Chamber Austin Tex, July 6th 1875 Alderman G. T. Boardman presiding. Present— Aldermen Wm Brueggerhoff, O. H. Cullen, F. Dohme, N. B. Whitshell, J. B. Robinson and S. H. Took. Absent— Aldermen C. Bremond, S. Pfefer. and Edy. Christian. The minutes were read from December 23rd, 1874 to February 16th 1875 and approved. Petitions. Frank Reinboldt complaining about there being a coffee stand opened near the city Market House which is within the market limits; said Reinboldt having rented the coffee stand in the City Market House and claiming protection in this matter, asks the consideration of his complaint. Read, received and referred back to the petitioner.