437 February 28, 1878 The meeting of February 23 adjourned to 7:30 this P.M. Aldermen Brooker and Mellett were the only Members present and after waiting some time they left without transacting any business John F. Herbert City Clerk Called Meeting of City Council February 23rd 1848 Council called to order at 8 oclock P.M. Mayor D.E. Green in the chair Roll called and the following Members answered. Aldermen Lenne, Brooker, Miller, Mellett and Nalle Absent Aldermen Markley, Mertz, Platt, Sheehan and Strong. Alderman Nalle moved a call of the Council. Call sustained and the Marshal was directed to bring in the absentees. Alderman Platt came in and answered Quorum present. On motion of Alderman Miller the call of the council was suspended. Alderman Mertz came in and answered His Honor the Mayor stated that he had called them together for the purpose of submitting to them for their action certain Ordinances and Petitions The following Petitions for permission to sell Butchers meat outside of the Market limits Charles Thiele on Corner of Colorado and Cherry Streets William Thiele on Corner of Pecan and Rio River Street John Stolzinger on Mesquit Street East of the City Market limits Henry Dreckinger on Corner of Linden and Saspamito Street. Th B Newton on Lot #6 in Block #1 Corner of Congress Avenue and Live Oak Streets --- Page break --- 438 Phillip Mesinger on Lot #5 Block #62 and outside of of the Market limits On Motion of Alderman Crocker the Petition was received and granted Petitions of Members of the Fire Department and Citizens asking that a Fire Alarm Bell be placed on Market Hill On Motion of Alderman Miller the Peti...s were received and referred to the Committee on Fire Department Accounts printed from Cardwell & Morris for Printing done for Fire Companies amounting to $15.22 On Motion of Alderman Millete the accounts were laid on the table Accounts presented by Austin Gaslight Company for Gas furnished the City during the Month of January 1848. Alderman Miller Moved that the accounts be referred to the Street Committee. Motion lost. Alderman Fable moved that all Gaslights except those used at the Mayors Office and City Hall be extinguished or not used after the Fifth day of March 1848 and that Oil lamps be substituted Alderman Crow moved to amend by striking out the Fifth and inserting the twentieth Motion lost Alderman Millete moved to amend by adding after the word City Hcale, "and the several Engine Houses." The Amendment of Alderman Millete was accepted The Motion as amended was adopted Accounts from sundry persons for work and repairs on Fire Engines were presented On Motion of Alderman Miller the Accounts were referred to the Committee on Fire Dept Petition of John Dinslow, making propositions for furnishing work for Macadamizing Street On Motion of Alderman Miller the Petition was received and referred to the Committee on Streets By Alderman Miller an Ordinance to amend Section Three of an Ordinance --- Page break --- 439 Regulating City Markets. The Ordinance was read Alderman Miller 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. Aldermen Snow. Crocker. Miller. Mallett Mertz Halle and Platt. Nays none The Ordinance was read the second time Alderman Millett moved to further suspend the rules and put the Ordinance on its third reading The Yeas and Nays Ordered and the motion to further suspend the rules carried by the following vote Yeas Aldermen Snow. Crocker. Miller Millett Mertz Hally and Platt Nays none The Ordinance was read the third time Alderman Millett moved that the Ordinance do pass. The Yeas and Nays ordered and the Ordi= nance passed by the following vote Yeas Aldermen Snow. Crocker. Miller. Millett Mertz Halle and Platt Nays None Alderman Halle moved that the accounts presented by the Austin Gaslight Co. amounting to $237.95 for Gas consumed by the city in January 1875 be paid Carried By Alderman Snow. Resolved I That the City Marshal be and he is hereby authorized to have a room in the South East corner of the Mayors Court Room partitioned off for the City Clerks Office II That the Mayor is hereby authorized to pay for the partitions authorized to be put up by the first Section of this Resolution out of any monies left over from appropriations made for building Bridge on Cedar Street and repairing Bridge on Pecan Street III That the Assessor and Collector be and he is hereby directed to at once move his office to the office now occupied by the City Clerk IV That the Mayor be and he is authorized to have the partition between the old collector office and City Physicians removed and rent said office to the best advantage to the city. Adopted An Ordinance Regulating Fire Department which was read the first time February 23d 1875 --- Page break --- 440 and action postponed, was taken up and read the second time On motion of Alderman Brown the Ordinance was referred to the Committee on Fire Department The following Ordinances were presented by the Committee on Codifying and Digesting the City Ordinances An Ordinance Relating to Policemen and Police Regulations The Ordinance was read On Motion of Alderman Miller the Ordinance was referred to the Police Committee An Ordinance Relating to the Preservation of the Public Peace and order The Ordinance was read Alderman Miller 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 Aldermen Brown, Brooker, Miller Millett Mertz Stalle and Platt Nays None Rod&ling Alderman Stalle moved to strike out the penal clause at the end of each Section and to make an additional section to the Ordinance with a penal clause for the violation of the several sections of the Ordinance Amendment adopted The Ordinance as amended was read [illegible] Alderman Miller moved to further suspend the rules and put the Ordinance on its third reading The Yeas and Nays ordered and the motion to further suspend the rules carried by the following vote Yeas Aldermen Brown, Brooker Miller Millett Mertz Stalle and Platt. Nays None The Ordinance was read the third time Alderman Millett moved that the Ordinance do pass The Yeas and Nays ordered and the Ordinance carried by the following vote Yeas Aldermen Brown, Brooker Miller, Millett Metz Stalle and Platt. Nays None --- Page break --- 441 An Ordinance Relating to Public Safety The Ordinance was read Alderman [illegible] 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 Aldermen Crow Cronster Miller Millett Metz Nalle and Platt. Nays None The ordinance was read the second time Alder Aldmin [illegible] moved to further suspend the rules and put the ordinance on its third reading The Yeas and Nays ordered and the motion to further suspend the rules carried by the following vote Yeas Aldem Crow Cronster Miller Millett Metz Nalle and Platt Nays None The Ordinance was read the third time Alder [illegible] moved that the Ordinance do pass The Yeas and Nays ordered and the Ordinance passed by the following vote Yeas Aldem Crow Cronster Miller Millett Metz Nalle and Platt An Ordinance Defining and Punishing Malicious Mischief The Ordinance was read Alderman Miller 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 Crow Cronster Miller Millett Metz Nalle and Platt. Nays None The Ordinance was read the second time Alderman Cronker moved to further suspend the rules and put the ordinance on its third reading The Yeas and Nays ordered and the Motion to further suspend the rules carried by the following vote Yeas Alderman Crow Cronker Miller Millett Metz Nalle and Platts. Nays None Alderman Miller moved that the Ordinance do pass The Yeas and Nays ordered and the Ordinance passed by the following vote --- Page break --- 442 Geas Aldermen Crow, Crooker Miller Millett, Mertz Nalle and Plate, Nays None An Ordinance Regulating the sale of Spirituous Liquors The Ordinance was read Alderman Miller moved to suspend the rules and put the ordinance on its second reading The Geas and Nays ordered and the motion to suspend the rules carried by the following vote Geas Aldermen Crow, Crooker, Miller, Millett Mertz Nalle and Plate Nays None The Ordinance was read the second time Alderman Miller moved to further suspend the rules and put the ordinance on its three reading The Geas and Nays ordered and the motion to further suspend the rules carried by the following vote Geas Aldermen Crow, Crooker, Miller Millett, Mertz Nalle and Platt, Nays None The Ordinance was read the third time Alderman Crooker moved that the Ordinance do pass. The Geas and Nays ordered and the Ordinance passed by the following vote Geas Aldermen Crow, Crooker, Miller Millett, Mertz, Nalle and Platt, Nays None An Ordinance Relating to Street Sidewalks etc, The Ordinance was read On motion of Alderman Miller the Ordinance was referred to the Committee on Streets An Ordinance Relating to City Warrants The Ordinance was read Alderman Miller moved to suspend the rules and put the ordinance on its second reading. The Geas and Nays ordered and the motion to suspend the rules carried by the following vote. Geas Aldermen Crow, Crooker, Miller Millett, Mertz Nalle and Platt. Nays None The Ordinance was read the second time Alderman Crooker moved to further suspend the rules and put the ordinance on its third reading --- Page break --- 443 the Yeas and Nays ordered and the motion to further suspend the rules carried by the following Yeas. Aldermen. Crow. Brooker. Miller. Mollete Mortz. Nalle and Platt. Nays None The ordinance was read the third time Alderman Miller moved that the Ordinance do pass The Yeas and Nays ordered and the Ordinance passed by the following vote Yeas Aldermen. Crow. Brooker. Miller Mollete Mortz. Nalle and Platt. Nays none Alderman Platt moved that the City Horses carts and Harnesses be sold at public Auction on Saturday. week at S.E. Corner of Block No 70 Lamya On motion of Alderman Platt the vote was reconsidered Alderman Platt moved that the Marshal be directed to sell the City Horses, cart & Harnesses at public Auction on Saturday March 9th at 12 Mo at the S.E. Cor of Block 70, the No for sale and the terms to be same as stated in published Notice of sale of said property on Feby 27. Carried On Motion of Alderman Platt the Council adjourned Approved Apr 1st 1898 J Thos D Hatfield City Clerk Regular Meeting of City Council March 4, 1878 Council called to order at 8:10 P.M. Mayor De Gress in the chair Roll called and the following members answered. Aldermen. Crow. Brooker. Miller Mollete Markley. Mortz. Nalle Platt and Shenkan Absent Alderman Strong. Quorum Present Alderman Miller moved a call of the Council call sustained and the Marshall was directed to bring in the absentee On motion of Alderman Miller the call of the Council was suspended Alderman Strong came in and answered The Journals of the meetings of February 4 6 8 9 and 12 1878 were read and approved On motion of Alderman Crow the further reading of the Journals was dispensed with Petition of C. L. Nitschke stating that he was appointed City Doctor December 1st 1898. That he has never received any compensation for services performed from the time of his appointment to the 16th day of March 1874. That the City of Austin is indebted to him for three and one half Months Salary, and asks --- Page break --- 444 that the City Council grant authority for the payment of his claim. On motion of Alderman Moller the Petition was received and referred to committee on Cemetery Petition of John Holzinger stating that he deposited with the City Assessor and Collector $25.00 for license for one year for selling butchers meat and filed his Petition for the privilege of conducting said business that he did not know at the time that license could be obtained for less period, but as license is granted for three months he asks that his license be granted for that time, and that he be refunded the sum of $18.75 it being the amount paid in excess for the amount prayed for in petition On motion of Alderman Mertz the petition was received and granted Petition of C.D. West asking that Bois d'Arc Street between San Antonio and Nueces Street be improved On motion of Alderman Strong the Petition was received and referred to the Committee on Streets The following Petitions for the Privilege for the selling of Butchers meat outside of the Market limits Richard White on Bois d'Arc Street near Robinsons Hill George Roberts on Corner of Ash and Red River Streets H. Destorgele on North Avenue Block No 38, bet Guadalupe and Lavaca Streets J. E. Allen on Lot No 8 Block No 3 South side of Live Oak Street On motion of Alderman Mertz the Petitions were received and granted Petition of B. Cooney stating that he is the owner of Lots No 1. 2. 3. and 4 in Block No 25. That the lots were assessed at $400- each. That lot No 1 is situated in the Creek and is worthless. That lot No 2 is partly in the Creek, and could not be sold for $100and asking that his tax assessment be reduced $400- On motion of Alderman Brooker the Petition was laid on the table Petition of Mrs. G.H. Moller stating that she is the owner of out lot No 25 Division D. That the City Board of Equalization had assessed said lot at $800.00 and asks that the assessment be reduced to --- Page break --- 445 $500- On Motion of Alderman Brooker the Petition was laid on the table Petition of a number of Citizens asking that Charles Olsen a Citizen of Austin be granted a license to retail liquors in the City without license as he is a poor blind Man with a large family dependent on him for support On Motion of Alderman Brooker the Petition was received and referred to the Committee on Charity Petition of Citizens asking that the City Council rescind their action on the report made by a Special Committee appointed to examine the Reservoir constructed by the City Water Company, or that the Council appoint a new Committee to investigate the matter, anew and suggesting that it might be well to appoint an advisory Committee of Citizens not members of the City Council. On Motion of Alderman Miller the Petition was received Report of City Marshal, City Physician and City Doctors for the Month of February were read and received Petition of City Sexton, stating that he had made certain improvements at the City Cemetery, and had planted a lot of Trees and Shrubbery at his own expense and asking that he be remunerated for the same On Motion of Alderman Miller the Petition was received and referred to the Committee on Cemetery Alderman Heartley of the Committee appointed February 8th 1878 to wait upon the Officers of the R. W. G. L. of the I. O. O. F. and inform them of the action of the City Council in leasing to them a Public Square in the City and an appropriation of $5000- to aid them in the construction of their grand temple. Report it that the Committee had discharged the duty assined them. That the donation from the City had been accepted and that the committee was requested by that honorable body to present the thanks of the organization to the City Council for their munificent gift On Motion of Alderman Miller the report of the Committee was received By Alderman Miller, Resolved by the City Council of the City of Austin, That the Resolution passed by --- Page break --- 446 the City Council adopting the report of the Committee recommending that the Reservoir constructed by the Water Company be not received by the City of Austin be and the same is hereby rescinded and repealed On Motion the resolution was referred to a special Committee of three Alderman Miller, Brooker, and Millett were appointed on the Committee Communication from the Austin Gaslight and Coal Company, proposing to furnish gas for Street lamps at $8.42 per lamp per annum if the number of lamps is increased to 44, and for every increase of four lamps will make a reduction of $1.00 per lamp per annum. Should the number of lamps reach 100 the price to be permanently fixed at $40.00 per Lamp per annum. The Company to light and keep in repair all lamps, and will reimburse the City for all Lamp Posts now owned by it, provided the City enters into contract for a term of years. The above rates are based on current funds On Motion of Alderman Miller the Communication was received and referred to Committee on StreetAn Ordinance appropriating $12,000 for the im- provement of Streets and Bridges in Wards No 1, 2, 3, 4, 5, 6, 7 and 8, which passed its second reading February 15th was taken up and read the third time Alderman Brooker moved that the Ordinance do pass. The Yeas and Nays ordered and the Ordinance passed by the following vote Yeas Alderman Brooker, Miller, Markley, HolzSheehan and Strong. Nays Aldermen Brown, Millett, Naile and Platt An Ordinance Regulating the collection of Taxes, which passed its second reading February 13th was taken up and read the second time On Motion of Alderman Miller the Ordinance was laid on the table Petition of James McCulloch contesting the seat of C F Millett Alderman from Ward No 8 On Motion of Alderman Hertz the Petition was laid on the table His Honor the Mayor nominates L. Mc Bradley --- Page break --- 447 for City Clerk and asked his confirmation Aldermen Platt and Metz were appointed Tellers. The Tellers after receiving and counting the votes announced the following For Confirmation 4. Against Confirmation 6 The following Veto Messages were presented by His Hon the Mayor Mayor's Office Austin Texas February 6th 1878 To the Hon Board of Aldermen City of Austin Gentlemen I have the honor to return herewith the Resolution reducing the number of Oil Street Lamps to not exceeding twenty five passed by your honorable body February 4th 1878. with my objections thereto. Rule 5 of the rules of Order of the City Council requires all resolutions of a general character to be read on three several days unless two thirds of a full board shall vote a suspension of this rule The above cited resolution was only read once and passed without a suspension of the rules. this not being in accordance with our rules is therefore in my opinion Void There is now before the Street committee petitions from Wards One, two, three, four, seven, eight nine and ten, and a resolution from Ward five, asking for additional lamps. Aldermen who presented these petitions and resolutions must certainly have done so at the request of their constituents. and the people should be heard in this matter, before hasty legislation is resorted to. I am unable to find that any lamps have been established in the City except upon the petition of the people through their Aldermen. and as stated before, petitions from eight Wards are now before the council from citizens, asking additional lamps. Some Wards having no lamps of any kind Every portion of the city should enjoy the same privileges and I cannot, even if this resolution had been passed in accordance with law, give my approval to a measure which would deprive a large majority of the citizens of the benefits enjoyed by people living on two or three Streets Very Respectfully J. G. D. Greer Mayor On motion of Alderman Miller the Message was received and referred to the Committee on Street- --- Page break --- 448 Mayor Office Austin Tex a February 6th 1898 To the Honorable Board of Aldermen of the City of Austin Gentlemen I have the honor to return herewith an Ordinance to regulate the assessment of property of Companies and Corporations within the City of Austin passed by your honorable body February 1st 1898, with my objections thereto. This Ordinance is in plain violation of the State tax law of 1896 as it does not exempt the property from taxation as provided in said law in accordance with section 2, article 8 of the Constitution. I therefore suggest that you reconsider your action in the premises and make such amendments to the ordinance as to conform to the law. Very Respectfully, J. C. DeGress Mayor On Motion of Alderman Crow the message was received and referred to the Ordinance Committee By Alderman Markley Rule of Order No — The Mayor may call special meetings of the Council by notice served on them twelve hours before said special meeting, communicating to them in writing the purpose for which the special meeting is called and in no case shall any business be transacted at a special meeting unless notice thereof has been given as above stated. Alderman Platt moved that the rule of order be laid on the table Lost On Motion of Alderman Miller the rule of order was referred to a special committee of three Aldermen Markley, Miller and Crow were appointed on the Committee Alderman Miller moved that the vote by which the resolution passed to discontinue the use of certain gaslights be reconsidered The Yeas and Nays ordered and the motion carried by the following vote- Yeas Alderman Crow, Conder Miller Markley [illegible] Sheehan and Strong --- Page break --- 449 bays Aldermen halle and Platt. Alderman Mellett was excused from voting By Alderman brown. Be it Resolved that the gaslights that are being lighted for the city be kept lighted as heretofore until otherwise ordered by the city council. Lost By Alderman Mertz. Be it resolved by the city Council, That the police force be reduced to 24 men On Motion of Alderman Miller the Resolution was referred to the Police Committee On Motion of Alderman Miller the Council adjourned Approved April 5, 1848 John [illegible] City Clerk Called Meeting of City Council March 8th 1848 Council called to order at 5:45 P.M. Mayor De Gries in the chair. Roll called and the following members answered Aldermen Brown. Miller. Mellett Mertz. halle. Platt and Strong. Absent. Aldermen Crowder. Markley and Shulam Quorum present His Hon the Mayor stated to council that he had called them together for the purpose of submitting to them certain Ordinances and Petitions which required their action. By Alderman halle an Ordinance providing for the Establishment and erection of Pecan Street Market and making an Appropriation for the building of the same The Ordinance was read Alderman Markley came in and answered Alderman halle moved to suspend the