200 Called Meeting of City Council February 15, 1877 The Council was called to order at 2.30 P.M. Mayor Wheeler in the chair Roll called and the following Members answered Alderman, Ormond Chandler, Cook, Diffenbaugh, Goodale James Larmore, Robinson, Roak and Taylor. Absent None. The Mayor informed the Council that he had called them together for the purpose of laying before them certain petitions and ordinances for their consideration Also to submit certain plans presented by the City Engineer for the prevention of further washes to the gutters and the better protection of the property at the foot of Congress Avenue. Petition of the City Water Company asking the City to authorize them to put in an additional number of Hydrants On Motion of Alderman Goodale the petition was referred to the Committee on Fire Department Petition of Alexander Eams asking authority to set out one hundred or more Cedar Trees in the City cemetery at a cost of $1.00 each Alderman Chandler moved to lay the petition on the Table Roak, and on Motion of Alderman Cook [the] petition was referred to the Committee on Cemetery Petition of C S Mach, M S North J H McLaughlin and others, asking for the placing of Street Lamps at the South west corner of Block No 80 and also at the intersection of San Antonio and Hickory Streets And also that a Hydrant be located at the intersection of the streets above mentioned On Motion of Alderman Diffenbaugh the petition was referred to the Committee on Streets Petition of Citizens asking that the Market on Pecan Street be not removed On Motion of Alderman Taylor the petition was referred to the Committee on Market House By Alderman Chandler An Ordinance Granting the right of way to the Austin and Pacific Short Line Railroad Company through the City of Austin The Ordinance was read and passed to its second --- Page break --- reading. Alderman Taylor Moved to suspend the rules and put the Ordinance on its second reading The Yeas and Nays being called the rules was suspended by the following Vote. Yeas Alderman Bremond. Chandler. Cook. Deffenbaugh Goodale. James. Larmon. Robinson Rock and Taylor Nays None The Ordinance was then read the second time and passed to its third reading Alderman Taylor moved to further suspend the rules and put the ordinance on its third reading The Yeas and Nays being called the rules was suspended by the following Vote Yeas Aldermen Bremond. Cook. Chandler. Deffenbaugh Goodale. James. Larmon. Robinson. Rock and Taylor Nays None The Ordinance was then read the third time and passed by the following vote— Yeas Aldermen Bremond. Chandler. Cook Deffenbaugh. Goodale. James. Larman. Robinson. Rock and Taylor. By Alderman Bremond. an Ordinance granting the right of way to the Houston and Texas Central Railway Company through the City of Austin The Ordinance was read and passed to its second reading Alderman Taylor moved to suspend the rules and put the ordinance on its second reading The Yeas and Nays being called the rules was suspended by the following Vote Yeas Aldermen Bremond. Chandler. Cook Deffenbaugh. Goodale. James. Larmon Rock and Taylor Nays Alderman Robinson The Ordinance was then read and passed to its third reading Alderman Cook moved to further suspend the rules and put the ordinance on its third reading The Yeas and Nays being called the rules was suspended by the following vote Yeas Aldermen. Bremond. Chandler. Cook Deffenbaugh. Goodale. James. Larmon. Rock and Taylor Nays Alderman Robinson --- Page break --- 202 the Ordinance was then read the third time and passed by the following Vote Yeas Aldermen. Bromund. Chandler. Cook Diffenbaugh Goodale. James. Larmore, Rorkand Lytle Nays Alderman Robinson Ordinances N° 92 Granting the right of way to the Austin and Pacific Short Line Railroad Company through the City of Austin. And Ordinance N° 93 Granting the right of way to the Houston and Texas Central Railway Company through the City of Austin was presented to this Honor the Mayor for his approval. which Or- dinances he refused to sign and returned the same to the City Council with the following Veto Message Mayor Office Austin Texas February 15th 1877 To the Mayor Office Austin Texas February 15 1877 To the Members of the City Council Austin Texas Gentlemen I cannot approve the ordinances passed by your body this day which gives the right of way to the Texas Central and Short Line Pacific Railroads through the streets of the city and the right to cross Congress Avenue And as my objections apply with equal force to each of said Ordinances I trust that you will take this communication as a veto of the two. In the first place I do not believe that the City Council has any such power as it has attempted to exercise in passing these ordinances. The Streets were laid off and dedicated for the use of the entire public, and cannot be used by any person or Corporations to the exclusion of any other person. We find in the act of dedication and incorporation of the City of Austin the following provisions Section 6 Provided however. that this act shall not be construed to give the Mayor and Council any power or authority to alter occupy or change in any manner the ways, squares, streets roads or alleys, as laid down and surveyed according to the plan of the city made under the super- intendence of Edwin Waller. agent of the government. nor to interfere in any way with the roads. streets squares or lots which may be laid off within the business of the city ac- --- Page break --- 203 lected by the commissioners appointed to locate the seat of government. This act is paramount to all other acts so far as our City is concerned, and where does the council get the right to occupy or interfere with the streets as established by that act. It may be said that a single track running along the middle of the street does not occupy or interfere with the passage on said street. But it will be seen by an examination of the Ordinances that they do not confine the roads to a single track, but can if they see proper occupy the entire street. This certainly was never contemplated by the founders of our beautiful City. My second objection is that many of our citizens own homes along the streets designated. They purchased their homes improved and beautified them long before any person imagined that the railroads could secure or even desired the right of way along the streets. They invested their money time and labor with a feeling of security, expecting the authorities to protect them from all encroachments and dangers not permitted by the act of dedication or in exist- ence at the time of their investments. As it was natural that they should thus feel and act, I do not believe that the City Council should injure their property, or disturb the peace and quiet of their houses, without the unanimous consent of the citizens along those streets. Another reason why I cannot approve the ordinances is that I do not believe any railroad should ever have the right to cross Congress Avenue. It is the chief thoroughfare of the city, one that could be beautified, until not only Austin but the whole State of Texas might be proud of it, But with trains crossing and re-crossing, its beauty will be materially damaged as well as all of the property in the lower portion of the City, will be injured by all of the residents in that section being compelled to undergo the danger of crossing the tracks in getting to and from the business portion of the city. Besides this many of our citizens have purchased property on the south side of the River for private residences. As soon as the river bridge is completed Congress Avenue will be the principle ingress and egress from the city to those settlements, and the whole of the south side of the River. It will not only be a hardship on these people but exceedingly dangerous for them and their families to be required to cross two or three railroad tracks --- Page break --- 204 to and from home every time they come to the city I can hardly believe that any of us would feel perfectly secure, while our children were forced to run the gauntlet each day in going to or returning from school, leaving out of the question the danger to our families when traveling to and from the city in Vehicles. Believing as I do that we as the representatives of the people have no right to jeopardize their safety or lives. I would prove derelict to what I believe to be my duty if I were to approve these ordinances Trusting that you will give these objections proper consideration, and that you will decide as your duty to yourselves, to your constituents, to Austin and the public at large demands I remain yours truly F. B. Wheeler Mayor + 92 Alderman Chandler moved that the ordinance granting the right of way to the Austin and Pacific Short Line Railroad Company through the city of Austin be now taken up and, notwithstanding the objection of the Mayor, which motion was duly seconded The Yeas and Nays ordered and the ordinance was passed over the Veto of the Mayor by the following vote Yeas Aldermen Bremond, Chandler, Cook, Deffenbaugh, Goodale, James, Larmour, Robinson Roak and Taylor Nays None + 93 Alderman Taylor moved that the ordinance Granting the right of way to the Houston and Texas Central Railway Company through the City of Austin be now taken up and passed notwithstanding the objections of the Mayor, which motion was duly seconded. The Yeas and Nays ordered and the Ordinance was passed over the Veto of the Mayor by the following vote Yeas Aldermen, Bremond, Chandler, Cook, Deffenbaugh Goodale, James, Larmour, Roak and Taylor Nays Alderman Robinson + 94 By Alderman Cook. An Ordinance Establishing a Market place for the Sale of Certain Articles The Ordinance was read and passed to its second reading --- Page break --- Alderman Rork moved to suspend the rules and put the ordinance on its second reading The Yeas and Nays being called the rules was suspended by the following vote Yeas Aldermen Bremond. Chandler. Clark. Deffenbaugh. Goodale. Larmore. Robinson Rork and Taylor Nays Alderman James The Ordinance was then read the second time and passed to its third reading Alderman Taylor moved to further suspend the rules and put the ordinance on its third reading, The Yeas and Nays being called the rules was suspended by the following vote Yeas Aldermen. Bremond. Chandler. Clark. Deffenbaugh. Goodale. Larmore. Robinson Rork and Taylor Nays Alderman James The Ordinance was then read the third time and passed by the following vote Yeas Aldermen, Bremond. Chandler. Clark Deffenbaugh Goodale. Larmore. Robinson Rork and Taylor Nays Alderman James # 95 By Alderman Clark An Ordinance Amending an Ordinance entitled An Ordinance Regulating the renting of Market Stalls. Market Privileges. Vegetable. Hucksters and Coffee Stands for the year ending February 28 1878 offensive February 1 1877 The Ordinance was read and passed to its second reading Alderman Deffenbaugh Moved to suspend the rules and put the ordinance on its second reading The Yeas and Nays being called the rules was suspended by the following vote Yeas Aldermen, Bremond. Chandler. Clark Deffenbaugh Goodale. Larmore. Robinson Rork and Taylor Nays Alderman James The Ordinance was then read the second time and passed to its third reading Alderman Clark Moved to further suspend the rules and put the Ordinance on its third reading. The Yeas and Nays being called the rules was suspended by the following vote Yeas Aldermen Bremond Chandler. Clark. Deffenbaugh Goodale. Larmore. Robinson. Rork and Taylor Nays Alderman James --- Page break --- 206 The Ordinance was then read the third time and passed by the following Vote Yeas Alderman Bremond. Chandler. Gould Deffenbaugh. Goodale Larmore. Robinson. Rod and Taylor Nays Alderman James By Alderman Larmore. An Ordinance Regulating interments in the City Cemetery On Motion of Alderman Taylor the Ordinance was referred to the Committee on Ordinance By Alderman James. Be it resolved by the City Council of the City of Austin That permission be granted to the International and Great Northern Railroad Company to erect a Wooden Shed on Block No 19 Lot No 1 in this City On Motion of Alderman Bremond the Resolution was laid on the Table By Alderman Larmore. An Ordinance Granting to Mr. North the right to build an Opera House over the side walk on the North side of [illegible] Street from the Corner of Congress Avenue to the alley On Motion of Alderman Bremond the Ordinance was referred to the Committee on Street Austin Texas February 15 1871 Hon J B Wheeler . Mayor Sir Your Special Committee appointed to examine the Bridge on Cedar Street across Waller Creek Respectfully report that they have personally inspected said bridge and find it considerably out of repair. Your Committee would recommend that the Mayor advertise for proposals for making the repairs required and that the City Engineer prepare the necessary specifications and that the work be done under his supervision and at a cost not to exceed one hundred dollars Respectfully Submitted J Larmore T O Goodall Samuel A James Committee On Motion of Alderman the report of the Committee was received and adopted On Motion The Council adjourned to the first of --- Page break --- 207 Congress Avenue to examine the Washer the gullin washed out on both sides of the Street in order to better determine the best mode to adopt to prevent the further destruction of property, and to examine plans submitted by the Enginen. for the building of a Sewer, The whole matter was freely dis cussed, and on motion the City Engineer in connection with the Street Committee was directed to prepare estimates of the cost of a sewer five hundred (500) feet in length to the River and the Committee on Finance together with the Mayor was requested to devise means for the building of the same On Motion the Council adjourns subject to the call of the Mayor John D. Harford City Clerk Regular Meeting of City Council March 5th 1877 The Meeting was called to order at 2:45 P.M. Mayor Wheeler in the chair Roll called and the following members Answered. Aldermen Bremond, Chandler, Deffenbaugh James Barmore Robinson and Risk Absent Aldermen Cook, Goodale and Taylor Quorum present On motion the reading of the Journal was dispensed with Petition of William Druggenhoff for au- thority to lay six inch drain pipe from his warehouse on the corner of Congress Avenue and Mulberry st. down Congress Avenue to Pecan st for the purpose of carrying off the seep water from his Cellar On Motion of Alderman Deffenbaugh the petition was granted