265 Improvements 2.00 Lot al 4 700.00 In Motion of Alderman Bremond the the assesment on Block #174 Lots 1.2. 3 & 4 remains as fixed by the Assesor and Collector #2800 On Motion of Alderman Dremond the assessment on the Improvements on Block #174 Lots 1.2.3.4 was reduced to #5.000 # Petition of H.G. Harris stating that he is the agent for C.N. Kraft who owns Lot # - Block #2n in Div B and that the city Assesor had assessed the Lot at #200and the Improvements at #450- making a total of #650.00 he asks the assesment be reduced to #500- as he is willing to sell the property for that sum On Motion of Alderman Robinson the petition was granted and the assesment fixed at #500# On motion of Alderman Robinson the assesment on Block #57 Div E Lots 33 & 34 with Improvements remains as fixed by the Assesor #1000.- On Motion the Council adjourned John F. Harland City Clerk Regular Meeting of City Council June 9th 1877 Council called to order at 12:30 PM Mayor Wheeler in the chair. Roll called and the following members answered. Aldermen Dremond. Cook. Diffenbaugh. James Haas. and Robinson Absent Aldermen. Barnouw. Taylor & Mand Quorum present Alderman Cook moved a call of the Council Call sustained and the Marskel was directed to bring in the absentees The Election Returns for Alderman in Ward No 7 was opened and read as follows. Election Set as June 4th 1877 To the Mayor of the City of Austin and the Board of Aldermen thereof --- Page break --- 266 (Extract) We as Judges and Clerks of the Election held on the 4th of June 1871 in the City of Austin in the 7th Ward of said City for Alderman of the 7th Ward of said City do hereby certify that at this Election held on the date aforesaid that for Alderman for said 7th Ward P H Oberwetter received 21 Votes James O Reily " 49 " B D Withers " 131 " Edward Shelly " 45 " To all which we hereto sign our names as Judges and Clerks for the Election there as before stated R M Russell Leslie Price H Mc Mortz On Motion of Alderman Robinson the returns of the Judges of the Election in Ward No 7 was received Alderman Robinson moved that B D Withers be declared elected alderman in Ward No 7 and that he be sworn in. Council The Mayor administered the Oath to Alderman Withers and directed his name to be entered on the roll On Motion the Council adjourned to meet as a Court of Appeals John T Haybal City Clerk Meeting of Court of Appeals June 8th 1871 The Court of Appeals met at 1:30 P.M. Alderman Taylor President of the Board being absent. Alderman Robinson was called to the chair Roll called and the following members answered Aldermen Drummond Cook. Dieffenbaugh. James Maas Robinson and Withers Absent Aldermen Garmour Taylor & Hard Quorum present Petition of Jeff Statmaker stating that he is the owner of Lot No 3 in Block No 139 he thinks the value --- Page break --- 267 place upon it is enormous and asks that the assessment be reduced to $1850 - On motion of Alderman Desmond the petition was granted Petition of Mrs L H Thompson stating that she is the owner of Lots #5+6 in Block #137 that the improvements are valued at $1500 - she states that the improvements are very old and asks that she be reduced to $800 - as she believes that would be a fair valuation On Motion of Alderman Robinson the petition was granted Petition of O B Millican stating that he is the owner of Lot No 2 in Block No 120 that the Lot has been valued by the Assessor at $450 - that he is willing to sell the lot for $300 - and asks that the assessment be reduced to $300 - On Motion the Court of Appeals adjourns to meet as City Council John S Hitchcock City Clerk Adjourned Meeting of City Council June 8th 1871 Council called to order at 2 oclock P.M Mayor Wheeler in the Chair Roll called and the following Members answered Aldermen Bremond. Cook. Deffenbaugh. James. Moses Robinson Taylor Hand Withers Absent Alderman Larmore. Quorum found The Minutes of the Meetings of April 18 & 26 May 7 10. 12. 23 &30 was read and approved On motion of Alderman Dremond the further reading of the Journals was dispensed with Petition R J Loving H Cancy North. J H Mc Laughlin + others complaining of the lateness of the hours that services are held at the Colored Baptists and the African Churches and by their loud noises made by the persons on the nights of their meeting, disturbing the whole neighborhood On Motion of Alderman Robinson the Petition was received --- Page break --- 268 Petition of Amelia Grafs asking to be refunded the sum of $6.00 which she states she has paid twice to the City Collector as Taxes on Lot #7 Block #62 for the year 1875 On Motion of Alderman Loop the Petition was referred to a special committee of three to be appointed The Mayor appointed Alderman Look, Siffenbaugh and Maas as the special committee Petition of Mr. Kaye stating that he is the owner of Lots # 7 & 8 in Block # 157 and Lot #1 in Block #175 that the City Assessor assessed the property for 1876 at $2500. That the Board of Appraisers raised the assessment to $3800.- making an increase of $1300 and he asks that he be relieved from the payment of the additional taxes which amounts to 13.00 On Motion of Alderman Ward the petition was laid on the table Petition of John Ireland stating that he is the owner of the North half of Block # 189 in the City of Austin and that Mr. Townsend owns the other half. That he is trying to dispose of his part of the block, but finds it difficult to do so on account of the alley being closed and asks that the City open the alley running through said Block Alderman Robinson moved that the petition be received and that the City Marshal be directed to notify the parties causing the obstruction by giving them Ten days notice to remove said obstruction and to report his action to the City Council Carried Petition of John Boudow stating that certain lots belonging to the Central R.R. situated opposite his house in Ward # 10 are covered with water and require filling up or draining and asking the City Council take such action as they deem proper On Motion of Alderman Maas the petition was referred to the Street Committee Petition of A. Blennake stating that he is the he is the owner of Lots #10 S½ of #3, Lots #3,4,5,6,7,8,13,14, 15,16,17 & 18 in Div O Block # 33. but 5 in Block #4 Lots #16,17,&18 which he rendered to the assessor for 1876 at $4600.And that the Board of Appraisers granted the assessment to $6600 making an increase of $26 00 over my assessment and asking that the amount be reduced to the original assessment On Motion of Alderman Look the petition was --- Page break --- 269 received Alderman Ward moved to lay the petition of A. Blumenthe on the Table Carried The Mayor submitted the following To the Hon Mayor & city council of the City of Austin In obedience to your request we have investigated the condition of the Hide yards in the corporate limits and whilst we do not propose to condemn them as detrimental to the health of the neighborhood we are constrained to say that the offensive odor and effluvia arising therefrom places them under the head of Nuisances. and we recommend that they be abated We would also invite your attention to the condition of the former and cesspools of the County Jail and Court House Capitol and Land Office also the cesspool at the Graded School House and many other places, such as the Livery Stables which have no cesspools and consequently waste their fierce filth on the Streets and Alleys thereby creating nuisance and danger to the health of the City. We therefore earnestly represent the necessity of procuring a set of the odorless excavating apparatus for the purposes of cleaning such places, and that the City authorities should compel the owners or keepers of all such establishments to prepare suitable receptacles for their Waste Water and be required to empty them by the odorless process alone and that such sanitary provisions be enacted and put in force at the earliest practicable period June 5th 191 J. Mo Lettin M.D. R. Mc Swearingen M.D. J. H. Statmater M.D. On Motion of Alderman Court the report was received #105 By City Atty An Ordinance Regulating Hide Yards 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 ordered and the motion to suspend the rules carried by the following Vote Yeas Alderman Bremond, Court, Sufflebargh, Davis, Maco, Robinson, Taylor, Ward and Withers Nays none --- Page break --- 270 The Ordinance was 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 Motion to further suspend the rules carried unanimously. The ordinance was read the third time Alderman Taylor moved that the ordinance do pass the Yeas and Nays ordered and the ordinance passed by the following vote Yeas Aldermen Bremond, Cook Diffenbaugh James, Maas, Robinson, Taylor, Ward and Withins The Mayor presented the names of the following persons who had been appointed and asked their confirmation as Police Officers Abe Denny E b Givens, & John Farrell. The Yeas and Nays called and the nominations were confirmed by the following vote Yeas Aldermen Bremond, Cook, James Maas Robinson Hand and Withins Nays Aldermen Diffenbaugh and Taylor The Committee to whom was referred the matter of taking up Hydrants on Canyon Avenue & Pecan Street submitted the following To on Mayor and City Council Gentlemen Your Committee to whom was referred the matter of taking up and removing Fire hydrants from the Avenue and Pecan Street, after conferring with the chief of Fire Dept recommend that at least Ten be taken up and submit the inclosed ordinance and ask its passage T B Wheeler Mayor J H Robinson S A James On Motion of Alderman Cook the report was received #106 An Ordinance Authorizing that certain Fire Hydrants be taken up and removed from the Avenue and Pecan Street The Ordinance was read and passed its first reading Alderman Taylor moved that the rules be suspended and put the Ordinance on its second reading The Yeas and Nays ordered and the motion to suspend the rules carried by the following vote --- Page break --- 271 Yeas, Aldermen Bremond, Cook, Deffenbaugh, James Maas, Robinson, Taylor, Ward and Withers Nays None The Ordinance was read the second time and passed to its third reading Alderman Cook Moved to further suspend the rules and put the ordinance on its third reading & the motion to further suspend the rules carried unanimously The Ordinance was read the third time Alderman Cook Moved that the Ordinance do pass The Yeas and Nays ordered and the Ordinance passed by the following vote Yeas Aldermen Bremond Cook Deffenbaugh James Maas, Robinson, Taylor Ward and Withers Nays None Alderman Taylor Moved that a Committee of three be appointed to ascertain the cost of procuring a part of the Odells excavating apparatus and report at the earliest date Alderman Taylor, Bremond and Withers were appointed on the Committee On Motion of Alderman Bremond the Mayor was added to the Committee 139 Alderman Ward, Be it resolved by the City Council of the City of Austin, That the City Marshal be and he is hereby authorized and instructed to sell to the highest bidder at public Auction after giving Ten days notice thereof, The Buildings known as the small Pox Hospital Buildings, situated about One and one half miles south of Austin. to arrive On Motion the Council Adjourned to 3 Oclock PM Tomorrow June 9" [signature] City Clerk --- Page break --- 272 Adjourned Meeting City Council June 9th 1877 Council met pursuant to adjournment at 3.15 P.M. Mayor Wheeler in the Chair Roll called and the following Members answered Aldermen, Bremond, Diffenbaugh, James Garnour, Robinson Taylor and Ward Absent Aldermen: Cook Maas and Withers Quorum found On motion of Alderman James the Marshal was directed to bring in the absentees. Alderman Cook Maas and Withers came in and answered The Mayor stated that the business before the Council was the examination of the returns of the Judges of the special Election held on the 4th day of June 1877 for Mayor of the city of Austin and appointed Aldermen Maas Ward and Diffenbaugh as tellers to examine the returns. Col Trigg informed the Council that he had filed with the City Clerk a protest signed by a number of voters against the qualifications and installment of J C DeMpres as Mayor of the City of Austin Alderman Ward moved that the tellers proceed to examine the election returns Carried The Tellers opened the Election returns in the presence of the City Council and after examining them reported as follows Wards | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | Total J C DeMpres | 52 | 31 | 15 | 18 | 51 | 25 | 61 | 79 | 40 | 56 | 428 Jeff Chandler | 23 | 48 | 38 | 31 | 52 | 29 | 57 | 40 | 46 | 56 | 420 James Neil | 67 | 20 | 17 | 15 | 5 | 9 | 46 | 28 | 36 | 46 | 284 James McCullough | 2 | 1 | | | 7 | 1 | 8 | 6 | 6 | 3 | 34 Ben Henricks | 39 | 42 | 16 | 4 | 4 | 2 | 28 | 9 | 29 | 12 | 183 Radclef Platt | 25 | 10 | 11 | 8 | 10 | 11 | 39 | 27 | 83 | 35 | 259 J R Cummings | 1 | 2 | 2 | 4 | 3 | 2 | 19 | . | 6 | 2 | 41 D H Cook Jr | 10 | 6 | 6 | 7 | 2 | 2 | 2 | 1 | 2 | 7 | 45 John H Glenn | | 100 | 105 | | | | | | 1 | | [illegible] We the undersigned Committee do leave to submit the foregoing as the number of votes which each candidate received named respectively in the Election for Mayor held on the 4 day of June 1877 A Diffenbaugh --- Page break --- 273 Louis Moas R K Hard On Motion the report was received Alderman Deffenbaugh Moved that candidate receiving the highest number of votes be declared elected to the office of Mayor and that he be sworn in Alderman Taylor moved as a substitute to the Motion of Alderman Deffenbaugh that the whole matter be referred to a Special Committee of three substitute accepted The Yeas & Nays ordered with the following result Yeas Aldermen Cook. Deffenbaugh. Junno. Robinson & Taylor. Nays Aldermen Bremond Garmon Moas Hard and Withins. The vote being a tie the Mayor voted in the affirmative and the substitute to refer to a Committee carried The Mayor appointed Aldermen Hard. Deffenbaugh and Bremond on the Committee The Protest filed by Col Trigg against the qualifications and inattentions of J B De Gress was read Alderman Garmon moved to lay the protest on the table The Yeas & Nays ordered and the motion to lay on the table was lost by the following vote Yeas Aldermen Bremond. Garmon. Moas. and Withins Nays Aldermen Cook. Deffenbaugh. Junno Robinson Taylor and Hard Alderman Taylor Moved that the protests be removed and referred to the committee appointed to investigate the qualifications of the Mayor elect and that the committee have power to send for persons and papers The Yeas and Nays ordered and the Motion Carried by the following Vote Yeas Aldermen Cook Deffenbaugh. James Robinson Taylor and Hard Nays Aldermen Bremond Garmon. Moas and Withins On motion of Aldermen Taylor the Council adjourned to 8 oclock PM --- Page break --- 274 Adjourned Meeting City Council June 9th 1871. Council met pursuant to adjournment Mayor Wheeler in the chair Roll called and the following Members answered Aldermen Durmond Cook. Seffenbaugh James Garnour Maas. Robinson. Taylor Ward and Withers Absent 7 one The committee appointed to examine the matter of Election of Mayor and protest of citizens submitted the following report. Austin Texas June 9th 1871. Hon T B Wheeler, Mayor and City Council of the City of Austin Texas Two of your Committee to whom was referred the matter of Election of Mayor, and the protest of citizens in regard to the same, beg leave to respectfully report I That we find that J C De Gress in said Election received 4 28 votes. That being the highest number received by any Candidate II That we believe that under our City Charter the Mayor is a Member of the City Council. and that the City Council under Article I have the power to judge of the election returns and the qualifications of its own members. and that therefore the City Council has the undoubted right to determine the fact as to whether or not the candidate who received the highest number of votes for Mayor is eligible to the Office III We find further that on June 4th 1871 J C. De Gress was on the list of retired officers of the United States Army. From the evidence taken by your committee and an examination of the laws upon the subject. that at said date J C De Gress received from the U.S. Government 1650 - a year. That he was retired under the Act of August 3d 1861 on the 30th December 1871 for wounds received during the late war. That in the Judgment of your Committee the position of a retired officer of the Army is not such an Office as is contemplated under Article 8 of the Charter And that therefore the said De Gress is eligible to fill the office of Mayor. IV Your Committee believe further that Art 8 --- Page break --- 275 was intended to prohibit any person from holding the office of Mayor who at the same time was in the active discharge of the duties of some other office created either under the State or Federal authority, and that retired Army officers has no duty and can have none to perform under the laws of the U.S. and that the sum of $1650- paid to J C De Grees yearly as a retired officer by the Government was intended and is a remuneration for past services And not as a reward for any labor or ser- vice he now performs as a retired army officer, or that he is liable to perform Wherefore your Committee reiterate that they are of the opinion that J C De Grees is eligible to the position of Mayor Robert H Afford Chairman E Dromond I can not concur in the above I believe that J C De Grees is ineligible under article 8 A. Deffenbaugh. On motion of Alderman James the report of the Committee was received Alderman Maas moved that the majority report be adopted The Yeas and Nays ordered and the motion of Alderman Maas to adopt the majority report of the committee carried by the following vote Yeas Aldermen Dromond. James. Larmour Maas Ward and Withers Nays Aldermen Bost. Deffenbaugh. Robinson and Taylor Mayor Wheeler read his final Report to the City Council giving a detailed account of his administration from the time of his first election as Mayor to the present time. together with a statement of the liabilities and assets of the city Alderman Taylor moved that the report of the Mayor be referred to a special Committee of three. Carried Alderman Taylor Robinson and Bost were appointed on the committee By Alderman Bost. Be it resolved by the City Council that the thanks of the City Council be tendered to the out going Mayor the Honorable --- Page break --- 276 T J Wheeler for his uniform impartiality in the discharge of his onerous duties and for his utmost zeal and integrity. he has ever performed for the good of the City and for the welfare of her people On motion of Alderman Taylor the res= olution was adopted x Alderman Taylor moved that J C De Grus Mayor elect be qualified. Carried The oath of office was administered by the Hon T J Wheeler x Mayor De Grus before taking the Chair made a short address which was well received by the Council J G Britten Esq City Attorney in behalf of the Officers of the City presented to the Hon T J Wheeler the retiring Mayor an Elegant Gold Watch and Chain as a token of their Esteem On motion the Council adjourned [illegible] [illegible] City Clerk Court of Appeals Called Meeting June 13/[7?] The Court met at 12:30 P.M. Mr A. Taylor President of the Board of Aldermen in the Chair Roll called and the following members answered. Aldermen Bremond, Deffenbaugh, James Sarmour, Robinson Hard and Withins Absent Alderman Cook, [illegible] present Petition of T J Moore, stating that he had rendered his assessment to the assessor on Lot #601 in Block #122 at $1600- and that it had been raised to $2000 and asking that it be reduced to $1600 On motion of Alderman the petition was granted and the assessment fixed at $1600- --- Page break --- 277 Petition of B A Rogers stating that he owns and is assessed on 22 Lots in Canterbury Square, and that the Block #33 Div Q the assessment is greater than it should be and asking that it be reduced On Motion of Alderman Bremond the Lots was assessed at $75- each The assessment on the following property was in creased to wit G Warren Block #40 Div E Lots #10.11.+12 from 1500 to $2500 Oliver Brush. Block #58 Lots #9.+ 1/2 of #10 from $1600to $4500- Mrs E J Talbot Block #69 South 1/2 of Lot # 4 Improvements from $200- to $300- W R Thompson, Block #91 Lot # 3 from $200- to $300- Amelia Grap Block #93 2/3 of Lot # 8 from $200to $300- Robert Masterson Block #95 Lots # 1+ 2 from $1500to $1800- L Eilero Block #96 Lot #6 from $900 to $1000- Laura Sterner Block #97, 3/4 of Lot #1. and Lot #2 from $5400 to $8000- Oliver Brush Block #99 South 1/2 of Lot #6 from $3500 to $4500 W H Glafcent Block #111 North 1/2 of Lot # 3 from $3000 to 3500 Mr Druggerhoff Block #111 Lot # 6 from $7500to $8000- A B Palm Block #112 Lots # 2.3. 4.5+ 6 from $4000 to $4500 Sampson & Burnetts Block #117 from $2000- to 2400 F C Foster Block #20 Lots #7+ 8 from $900 to $1000- Mrs H M Haygin Block #121 Lots #1+2 from 1500 to 1700 Lavine + Christian Block #123 Lot # 3 from $4000. to $7000- F F Swoat Block # 4 Div B but Div Block #1 Lot # 4 from $150- to $200. and improvement from $200 to $300 On Motion of Alderman --- Page break --- 278 James the Court adjourned sine die John J. Herbert. City Clerk Called Meeting of City Council June 15th 1877 Council called to order at 14th P.M. Mayor DeGress in the Chair. Roll called and the following Members answered Aldermen Bremond Suffenbaugh. James Darnour Robinson Taylor Word and Withers Absents, Aldermen Cook and Maas Quorum present The Mayor informed the Council that he had called them together for the purpose of receiving the Report of the Finance Committee on the settlement of the claim of the Selsby Manufacturing Co whereupon the Committee submitted the following Report Austin Texas June 15th 1877 To the Hon Mayor and Board of Aldermen Your Committee on Finance to whom was referred the settlement with the Selsby Manufacturing Company of their Claim against the City amounting to $1800 in City warrants held by them and interest on same for two years @ 10% Making the claim $1800. Your Committee after carefully examining said Claim find it a just one and the debt was created by purchase of Steam Fire Engine Washington No 1 Your Committee would respectfully recommend that the Mayor of the City be authorized to issue Austin City 20 yr bonds, at par, to pay the indebtedness and further: that as the City bonds are of the denomination of $500 each and there would be a fraction remaining over the $1800, would recommend further that the sum of two hundred dollars in City warrants now outstanding be received through the same parties and included for the $2000 of City bonds.