On Motion the petition was granted On Motion the Board of Appeals adjourn to Tuesday the 6th inst at 12 velok. M. John F Herbert Deputy City Marshal and City Recorder Regular Meeting Council Chambers June 5th 1876 Council called to order at 4.30 P.M. Mayor Wheeler in the chair Roll called and the following members answered Aldermen Bremond, Schunelen, Lockett, Steffenburg & Goodale James Larmour, Robinson and Shuke Absent Alderman Taylor. Quorum present On Motion of Alderman Robinson the reading of the Journals was dispensed with Petition of C H Johnson J R Crumpt and others asking certain repairs made to the public Well at the Corner of Neches and Humboldt Streets On Motion of Alderman Bremond the petition was referred to Committee on Streets Petition of W B Smith asking permission to store 200 cans of Oil in Warehouse near central R.R. Freight Depot On Motion of Alderman Bremond the petition was laid on the Table Petition of R M Castleman asking the removal of certain obstructions in the Street on Block No 86 On Motion of Aldem Shuke the City Engineer and City Marshal were directed to remove the obstructions complained of Petition of Mr Dray asking to be refunded the sum of Thirty seven and [illegible] the amount paid by him to the City of Austin for License as Auctioneer as he had discontinued the business On Motion of Alderman Shuke the petition was laid on the Table Petition of S A Tournequest asking the issuance of a license to retail Liquor in quantities less than one --- Page break --- 110 quart in Ward 9 On Motion of Alderman Sheeks the petition was granted and the Mayor authorized to grant the required license Petition of A J Autrey & c asking that they be paid the sum of $113.23 for Groceries furnished Small pox Hospital in U.S. currency instead of city warrants On Motion of Alderman Robinson action was postponed to next meeting. Petition of J Shaffer asking certain repairs to block rump pat Lot 10 Sorners 3 On Motion of Alderman Bremond action was postponed to next meeting Petition of C L Nitschke City Sexton asking that a new gate be made to the city cemetery as the old one is worthless On Motion of Alderman Cook the the petition was received and referred to the Cemetery with power to have the necessary work or repairs done at once Petition of L E Miller A Ho. Lorrow and others asking the cleaning and Paving of the Gutters on the East side of Pecan St On Motion of Alderman Robinson action was postponed to next meeting Petition of M D Mattern asking to be refunded the amount of license paid for keeping a fare store as he has discontinued the business On Motion of Alderman The petition was laid on the Table Petition of M J Martin President of Austin City Water Company asking authority under their contract to place Hydrants on certain Streets on which they have extended their Mains On Motion of Alderman Bremond the petition was referred to Committee on Streets and Finance Reports of Officers Mayor Wheeler submitted the following Report Mayor's Office Austin Texas June 5th 1876 To the Board of Aldermen of the City of Austin Gentlemen As you are aware it was my duty under the Ordinances of the City to make a report to your body --- Page break --- 111 on the first Monday in May, but owing to protracted illness I have not been able until now to perform that duty In regard to the financial condition of the City I refer you to the reports of the Assessors & Collector the Treasurer and City Clerk which were submitted to your body at your last regular session While our City is not officially embarrassed its financial condition is not as good as we desire to see it. But this seems to be attributed more to the lack of power to collect taxes promptly than it does to any extravagant expenditures on the part of the City government. There are now due the City between $20,000 and $30,000 in back taxes mostly due on real estate Heretofore as you know we have had no authority to enforce the collection of this tax, but we hope soon to be able to collect taxes from all promptly and uniformly in proportion to the amount of property each owns in the City. Then there will be no necessity or even excuse for a floating debt, a misfortune to which we were compelled to submit under the former Constitution and laws. In this connection I feel it my duty to make a few suggestions which I trust you will consider in the spirit in which they are offered, and if you think proper adopt them as your future policy I Provide at once for the sinking fund and interest due on the bonded debt by instructing your Finance Committee by resolution to make an estimate what amount of the years income is necessary for that purpose then authorize the Assessor and Collector to have an additional column in his assessment rolls in which that special tax shall be entered and compel him to collect from each tax payer that special tax in money. By that means the interest fund will always be in readiness, while each year enough sinking fund will accumulate to retire a portion of the bonds, and the bonded debt can be annually reduced II At the regular session on the first of each Month make Appropriations in the following order I Provide for the Maintenance and necessary expense of the Fire Department II Provide for the payment of the Water and Gas bills III Provide for Policing the City, Feeding prisoners, Paupers and all necessary actual expenses of the City government --- Page break --- 112 IV Provide that what remains after the above appropriations are paid shall be expended in repairing and keeping in repair the Streets of the City I am induced to make these recommendations that we may keep our disbursements within our income, and to do this we must know how much we receive and what we expend each month That the disbursements shall not exceed the appropriation let the Mayor keep a Memoranda of the amount of Warrants he issues on each appropriation and hold him responsible if he issues more warrants for any purpose than the appropriation for said purpose. This course will place our financial condition before your body each month and if any of the appropriations are extravagant they can be revised and reduced each month, which will certainly be an improvement upon the present system I ask that when you make an appropriation you review each item carefully, and make at this as will as all other sessions just such appropriations for each department as you may deem necessary Hoping that you may see proper to adopt these suggestions or something similar I remain Your Obt Servant J B Wheeler On Motion of Alderman Cook the report was received Reports of City Marshal for the Month of May was received Report of City Physician for the Month of May was received Report of City Sexton for the Month of May was received Reports of Committees To the Hon Mayor and City Council I Your committee on Streets to whom was referred the petition of E W Shands J H Penn and others asking the City to sprinkle Congress Avenue and Pecan Sts have carefully examined the same and recommend that the Mayor be authorized to advertise for proposals for the same J H Robinson S A James Austin May 20 1876 Committee --- Page break --- 113 On motion of Alderman Diffenbaugh the report was received and action postponed to next regular meeting To the Hon Mayor and City Council Your Committee on Streets to whom was refer....d the petition of B M Braithwait A S (J)udd and others asking to lease a portion of the river walk for foundry purposes. recommend that no action be taken on the same until after the International Railroad Company have located the crossing for their bridge across the Colorado river J HC Robinson B A James May 20th 1876 Committee On motion of Alderman Goodale the report of the Committee was received and adopted To the Hon Mayor and City Council Your Committee on Streets to whom was referred the petition of Jenkins & co have carefully examined the same. and recommend that it be not granted J HC Robinson May 20th 1876 D A James. Committee On Motion of Alderman Cook the report of the Committee was received and adopted To the Hon Mayor and City Council Your committee on Streets to whom was referred the petition of J W Smith. asking the construction of a culvert on the Street running North and south at a point East of Block No 82 for "E" beg leave to report that they have informed the duly appointed [illegible]. and have given directions to the City Engineer to have the necessary work done J HC Robinson May 20th 1876 B A James Committee On motion of Alderman Diffenbaugh the report of the Committee was received and adopted To the Hon Mayor and City Council Your Committee on Streets to whom was referred the petition of Ed Creary City Marshal asking compensation in addition to that of salary as City Marshal. for for superintending --- Page break --- 114 the working of the City Carts and prisoners on the public Stuts Respectfully recommend that the working of the city Carts and City prisoners be done under the direction of the City Engineer. and that the City Marshal be paid a fair com pensation for the time that he has had charge of said Carts and prisoners J. C. Robinsons May 20. 1876 Samuel A. James Committee Alderman Drummond moved that the report of the Committee be received and adopted so far as the City Carts and prisoners be worked under the direction of the City Engineer. and to strike out that part allowing compensation to the City Marshal Carried Austin Texas June 5th 1876 Hon P. B. Wheeler Mayor of Austin Sir Your Committee appointed to examine the the 1st assessment rolls of this City and equalize the same. have done all that was in their power to do in the short time allowed, viz from May 8th to June 2d. and respectfully forwards to your Hon body the attached schedules 100 1510 inclusive. We do not claim that every alteration we have made is correct. but it is as near as it was in our power to make it from the data before us We would state we have examined every lot and block and have endeavored to do justice to each and every Tax payer. We would respectfully call the attention of your Hon body to the present survey and Map of the City. and would respectfully suggest that a new map be made by a correct survey by the city engineer and that such map be made by separate Wards The short time in which we had to perform the duties assigned us. has compelled us to employ a Horse & Buggy which we respectfully ask your Hon body to allow a reasonable compensation Respectfully submitted D. A. James A. Kiffenbaugh Committee --- Page break --- 115 By Alderman Bremond. An Ordinance No 7? authorizing the funding of Twenty thousand dollars of the floating debt of the City of Austin Ordinance read first time and passed to its second reading by the following vote Yeas, Aldermen Bremond, Chandler, Cook, Leffenbaugh Goodale, James, Larmour, Robinson & Shuts Nays Non On Motion the rules was suspended and the Ordinance was put on its second reading and passed by the following Vote Yeas Aldermen Bremond, Chandler Cook Leffenbaugh, Goodale James, Larmour, Robinson & Shuts On Motion the rules was further suspended and the ordinance put on it third Reading and final passage Yeas & Nays called and the Ordinance passed by the following vote, Yeas Aldermen Bremond, Chandler, Cook, Leffenbaugh, Goodale, James, Larmour, Robinson and Shuts By Alderman Goodale, Resolved by the City Council of the City of Austin. That the contract existing between the City of Austin and John Condon, for Lighting, Extinguishing and keeping in repair the public Street Lamps, be and the same is hereby annulled, and the Mayor is requested to notify said Condon of the same. Resolved further that said Condon be required to put the street Lamps in as good repair and condition as he received them and that the City Marshal be instructed to examine all public Street Lamps and report the result of his inspection to the Mayor, and in case the said Lamps are found to be in bad condition the Mayor shall withhold any money due said Condon on his contract until the Lamps are reported by the City Marshal to be in good condition The Yeas and Nays being called the resolution passed by the following vote Yeas Aldermen, Bremond, Cook, Leffenbaugh Goodale, James, Larmour Robinson Shuts and Taylor, Alderman Chandler being out when the resolution was read was excused from voting Nays None By Alderman James Resolved That the City Marshal be and he is hereby requested to open the Alley running East and West through Blocks 146 & 147 to their full width and that for the purpose of enabling him to do so the City Engineer shall establish --- Page break --- 116 and stake out the true lines of said Ally through said blocks The Yeas and Nays being called the resolution passed by the following vote. Aldermen Bremond Cook Goodale, James Larmour, Robinson Shuks. Nays Alderman Chandler, Diffenbaugh & Taylor By Alderman Goodale Be it resolved that the City Marshal be instructed to keep oil lamps burning at dangerous places such places to be designated by the Street Committee and such lamps to be maintained, lighted and extinguished by the City and that all lamps not used be taken down and stored by the City Marshal Carried By Alderman Cook Resolved by the City Council of the City of Austin that the Cemetery Committee be instructed to see if they can devise some means to inclose the new grounds at the City Grave Yard, as the lots now in the old Cemetery are all taken up and parties now wishing to purchase lots to bury their loved ones are deprived for the simple reason that there is no fence around the grounds recently purchased by the City Carried Alderman Diffenbaugh presented the following, Considering the liability to accident and the consequent suspension of the water supply by the City Water Company and that the time for the completion of the Reservoir as stipulated in the Contract between the City and the said Company has long since expired, that be it Resolved that the City Water Company be required to immediately provide tanks to hold not less than (30,000) Thirty thousand Gallons On Motion of Alderman Bremond the com= munication and resolution was lain on the table By Alderman Cook, An Ordinance granting the right of way through the City of Austin to the Austin Mineral and Western Railroad Company On Motion of Alderman Bremond action on the ordinance was postponed to next regular Meeting By Alderman Shuks Be it resolved by the City Council of the City of Austin that the Committee on Finance and the Committee on ordinances be instructed to report an ordinance at the next meeting of this Board providing for the necessary appro= --- Page break --- 117 priations be be made in accordance with the reommendations of the Mayor made at the present meeting Carried On Motion of Alderman Shuke Hi Hon the Mayor was granted leave of absence without day on account of Ill health By Alderman Taylor, Be it resolved by the City Council of the City of Austin, That the room now occupied by the Mayors office be repaired and rented and if acceptable turned over to some organized fire Company On Motion the resolution was referred to a special committee to be appointed Alderman Taylor, Robinson, Larmour, James, and Chandler was appointed on said committee By Alderman Cook, Resolved by the City Council of the City of Austin that the City Marshal be authorized to employ a suitable person as City Pound Keeper at a Salary not to exceed Forty dollars per month The Yeas and Nays being called the resolution passed by the following vote Yeas Alderman Dremond, Chandler Cook Deffenbaugh, Goodale, James, Larmour, Robman Nays Alderman Shuke On Motion of Alderman Robinson the Council adjourned subject to the call of the Mayor John D Herbert Recorder Court of Appeals Council Chamber June 6th 1876 The Court of appeals met at 12 oclock, Mr. pursuant to adjournment. F.W. Chandler President in the Chair Roll called and the following Members answered Aldermen Dremond, Cook, Deffenbaugh, Goodale James, Robinson & Taylor . Absent Aldermen Larmour & Shuke On Motion of Alderman Cook the Assessment of to Hirshfele on Lots No 9, 10, 11, & 12 in Block #162 which was fixed at $2000 - on the [illegible] not be reconsidered and the assessment fixed at $1500 --- Page break --- 118 On Motion Alderman Bremond was excused from attendance this day Petition of f Loeshmann asking a reduction on assessment of Lot #4 13 lock #158 on Motion the petitions was not granted Petitions of H. Stiefer stating that his Block #26 Division "E" had been raised from 2000 to $2500. and asking a reduction On Motion was not granted on Motion the Court of appeals adjourned to June 7th 1876 at 12 oclock M John F Herbert Recorder Called Meeting Council Chamber June 6th 1876 Council Met at 1:30 P.M. Mayor Wheeler in the Chair Roll called and the following Members answered, Aldermen Lohandler, Cook, Deffenburgh Goodale, James Robinson and Taylor Absents Alderman Bremond, Larrimour and Shuke, Quorum present The Mayor informed the council that he had called them together for the purpose of taking action on lighting street lamps. Whereupon Alderman Goodale presented a petition of John Condon asking that he be allowed to continue the lighting of the Street Lamps to the end of the present month, as he had laid in sufficient supply of Oil and his Employees was engaged to that time and he was compelled to pay them for the Month Alderman Deffenbaugh moved that Mr. Condon be allowed to continue the lighting of the Street Lamps for the present Month Alderman Lopok offered the following Amendment, Provided said Condon will agree to keep said lamps lighted to the satisfaction of the Street Committee and City Marshall. Amendment accepted and the resolution