462 Regular Meeting of City Council April 01, 1878 Council called to order at 7.45 P.M. Mayor DeGruis in the chair Roll called and the following members answered Aldermen Crow, Crooker, Millett Platt Sheehan and Strong. Absent Aldermen Moetz and Nolle. Quorum present The Journals of the meetings of February 13th 15, 16, 22, 23, 28, and March 4, 6, 8, 19 and 11 were read and approved His Honour the Mayor appointed Aldermen Crow, Platt and Crooker as Tellers to open and examine the Election returns for Aldermen in the 4th Ward held March 23rd 1875 and in the 5th Ward held March 30th 1875 to fill vacancies The tellers after opening and examining the returns reported the following as the vote cast, to wit, For Alderman in Ward No 4 E Raven 35 Frank Cotton 1. For Alderman in Ward No 5 V E Vaughan 87 J Scheiffer 35. On Motion of Alderman Crooker, E Raven and V E Vaughan were declared elected aldermen for Wards No. 4 and 5. Aldermen Raven and Vaughan were then qualified and took their seats His Hon the Mayor appointed Aldermen Crow and Platt as tellers to open and examine the returns of an Election held March 18th 1875 for Officers of the Fire Department. Who after examining the returns reported the following as the vote cast for the several candidates to wit, For Chief of Fire Department Jos A Nagle 101 J H Robinson 9 Scattering 2. For Assistant Chief of Fire Department C F Millett 67. J Wilhelms 40. Scattering 3. For Recorder of Fire Department J Ruchman 105. D Gorwin 7 Scattering 1. The Council then by Ballot unanimously confirmed Jos A Nagle as Chief C F Millett as assistant chief and J Ruchman as Recorder of the Zion Fire Department Petition of H. 13 Newton asking to be --- Page break --- 463 refunded the sum of $18th paid amount being in excess of what is required by ordinance and which was paid by petitioner to the City for license to sell butcher meat for three months On motion of Alderman Platt the Petition was received and granted Petition of Austin Gaslight Company, asking that Gaslights be established along the lines of their pipes instead of the Kerosene lamps now used by the City On Motion of Alderman Brooker the petition was received and referred to the Street Committee Petition of Drs J H McLaughlin R McSwearinger J D Manning and J J Tobin stating that they have established an institution for the treatment care and relief of the sick, and making propositions for the care and treatment of the indigent sick which the City is compelled to provide for On Motion of Alderman Brooker the petition was received and referred to the Charity Committee Petition of City Water Company asking that payment be made them for the rent or use of 69 fire hydrants and three Stock Watering fountains for the Quarter ending March 31 1878 amounting to $1400 On Motion of Alderman Platt the Petition was received and referred to the Finance Committee Petition of Thomas Johnson Police Officer stating that he is in bad health and asking a leave of absence for two weeks On Motion of Alderman Vaughan the petition was received and granted Petition of J F Dignan stating that some years ago the City Authorities changed the course of the water flowing from the hills South of the Methodist Church, from its natural channel, and stating that it had caused considerable injury to his property and asking that the damage be repaired On Motion of Alderman Brooker the peti- tion was received and referred to the Street Committee The following petitions for permissions and licenses to retail spirituous liquors in quantitiesless than one quart, were presented --- Page break --- 464 John Sheree on lot #1 Block #19 on Congress Avenue in Ward #1 A Dublure on lot #4 Block #25 in Ward #1 John Boudon Block #1 Div "A" in Ward No 9 On motion of Alderman Platt the petitions were received and granted Petition of Alfred Smiths for permission to deposit Wood upon his lots in the first and second blocks on West Pecan Street was presented On Motion of Alderman Brown the petition was received and referred to the Fire Committee Petition of J W Ashencft together with a propo sition to supply the City with Lamp posts and lights for Street purposes On Motion of Alderman Platt the petition was received and referred to the Street Committee Petition of Alfred Johnson asking Authority to transfer his license as retailer of Liquors at the place known as the Bridge Saloon On Motion of Alderman Millett the petition was received and referred to the City Attorney for his opinion as to the authority of Council granting such petition Petition of Mrs Mary Duffaw asking that the assessment on her property for the year 1849 be reduced from $2400 to $2300 On motion of Alderman Platt the petition was laid on the table The following petitions for the establishment of Markets for the sale of butchers meat outside of Market limits were presented. H E SeeKatz & Bro on Corner of Cheny and Colorado streets Wm J C Harrel on Red River Stule S E Cater on West Pecan Street Peter Schmill on Corner of Guadalupe and Magazine Avenue On motion of Alderman Millett the petitions were received and granted Petition from 936 Citizens and Taxpayers asking for the erection of a Market House on Block No 59 near Pecan Street City of Austin On motion of Alderman Brooker the pe- titions were received and referred to the Committee on Market House Petition of Mrs Mary Ramsey asking --- Page break --- 465 payment in the sum of $25.25 for damage done to clothing etc at the time of the shooting of one Williams at her house on the 8th of March 1848 On Motion of Alderman Platt the petition was received Austin Texas April 1st 1848 To the Hon Mayor and City Council of the City of Austin Gentlemen Your Committee to whom was referred petitions from Citizens and Firemen asking that a Fire Alarm Bell be purchased and placed upon the Market House. Respectfully recommend the purchase of a bell of the weight of 3000 pounds and placed as directed L F Millett J Sheehan Committee On Motion the report of the Committee was received Reports of City Physician, City Sexton and City Marshal for the Months of March were read and received Austin Texas March 9th 1848 To the Hon the Mayor and City Council Gentlemen By Resolution passed by your Hon body this day directing me to sell at private sale the One Mule, Cart and Harness the property of the city at a price not less than $105.00. I have the honor to report that I have complied with your instructions. The property I sold to Mr Ross McDonald for the sum of $115.00 in U.S. currency and have deposited the amount with the City Assessor and Collector Very Respectfully Ed Lorrauy City Marshall On Motion of Alderman Platt the report was received and adopted His Hon the Mayor then called Alderman Lerner to the chair and then stated that his name had been connected with the Ordinance providing for the erection of the Pecan Street Market house --- Page break --- 466 He deserved in justice to himself and for the information of the people of the City. to go over the action of the City Council on said ordinance. The Ordinance was introduced at the Meeting of Council held March 8 and read first time. a Motion was made to suspend the rules and put the ordinance on its second reading. This motion was lost by the following vote. Yeas Aldermen Miller Millett Mertz Halle. Plate. and Strong. Nays Aldermen Brow and Markley. On Motion the Ordinance was then referred to the Ordinance Committee. At a Meeting of Council held March 11th the Ordinance was reported back with a verbal statement from the Chairman of the Committee. Alderman W.A.H. Moller. that the Committee could not agree upon any report. The Ordinance was then read the second time. Alderman Markley moved to lay the Ordinance on the table which motion was lost. The Council then adjourned but was immediately re-convened for the purpose of considering a communication from the assessor and Collector. after which the Council adjourned. The Council was re-convened at 7:30 P.M. same day by the Mayor at the request of three Aldermen. Brow. Markley and Sheehan Upon the convening of the Council. Alderman Markley stated that as he was one of the members who had requested this call. he had done so for the purpose of taking further action upon the Market Ordinance Alderman Brow. offered a resolution that the Mayor be requested not to bring this ordinance before the Council until the next regular meeting. A point of order was raised that the resolution was contrary to the provisions of the Charter and could not be entertained the Chair sustained the point of order but informed the Council that he would pay due consideration to their wishes. The Mayor then stated that the ordinance had been acted upon in the usual manner and as required by the rules regulating the proceedings of the Council. and asked whether any Alderman could speak for an other as to their action when the Ordinance came up for amendment, rejection or committal which was then in order. As far as he was concerned he had not told any body what his action would be in case the Ordinance --- Page break --- 467 was passed and came to him for approval or veto The vote upon the suspension of the rules was the only vote ordered by the Council by Yeas and Nays. He then asked that the Council order all the proceedings had on this Ordinance published so that the people could judge intelligently upon the action of the Council. Alderman Platt rose to a question of privilege and stated that his name had also been used in connection with this ordinance. He referred to his minority report on the first Market house ordinance and stated that he as well as Mr. Talle were opposed to the limits presented in said ordinance, and that both of them were in favor of free Markets wherever the people desired them, that he had made a motion to exclude the 9th and 10th wards from the operation of said ordinance which Motion was lost. Alderman Platt moved that all the proceedings relating to the Market ordinance be published, but it re- ceived no second. His Hon the Mayor resumed the chair and made the following appointments on standing committees of the Council. On Fire Departments V E Vaughan vice S J Markley deceased. On Printing V E Vaughan vice S J Markley deceased. E Raven vice Radcliff Platt transferred to Ordinance Committee On Ordinances Radcliff Platt vice H A H Moller resigned On Market Houses V E Vaughan vice S J Markley, deceased. E Raven vice H A H Moller, resigned Austin March 30th 1878 To the Hon Mayor and Board of Aldermen Gentlemen Your Committee to whom was referred an Ordinance Exempting certain Manufactories or industries from taxation by the City of Austin, have the honor to report that they have carefully examined the same and respectfully present herewith an Ordinance as a substitute and recommend its passage Sam H Tildy City atty H Mc Strong of Ordinance Committee --- Page break --- 468 On Motion of Alderman Mottett the report was received and adopted An Ordinance Exempting certain Industries or Manufactories carried on in the City of Austin from City Taxes. [line] Alderman Brooker Moved to suspend the rules and put the ordinance on its third reading The Yeas and Nays ordered and the Motion to suspend the rules carried by the following vote Yeas Aldermen Brow. Brooker Mollette Raven Sheehan Strong and Vaughn. Nays Alderman Platt The Ordinance was 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 Aldermen Brow. Brooker. Mollette Raven. Sheehan. Sheehan Strong and Vaughan Nays Alderman Platt His Honor the Mayor appointed Alderman Brooker, vice Alderman Moiles resigned, on the special Committee to investigate the claims of Halles & Shelly against the City of Austin On Motion of Alderman Brooker the City Attorney was added to the Committee. Alderman Brooker moved to take up the Ordinance, providing for the erection of Pecan Street Market house which passed its second reading March 11° 1878. Carried Alderman Sheehan Moved that the ord- inance be laid on the table Carried By Alderman Brow. Be it resolved by the City Council of the City of Austin, that the sum of Twenty five and 2 5/100 dollars be and the same is hereby appropriated for the payment of the account presented by Mrs Ramey against the City for damage done to her furniture and clothing &c at the time of the shooting of one Williams at her house on the 8° day of March 1878 The Resolution was read. Alderman Brooker Moved to suspend the rules and put the Resolution on its second reading The Yeas and Nays ordered and the motion --- Page break --- 469 to suspend the rules carried by the following vote Yeas Aldermen Brow, Brooker. Millett Platt Raven, Sheehan, Strong and Vaughn, Nays None The Resolution was read the second time Alderman Brooker moved to further suspend the rules and put the Resolution on its third reading The Yeas and Nays ordered and the motion to further suspend the rules carried by the following vote Yeas Alderman Borrow. Brooker. Millets. Platt Raven, Sheehan, Strong and Vaughan Nays None The Resolution was read the third time Alderman Brooker moved that the Resolution do pass The Yeas and Nays ordered and the Resolution passed by the following vote Yeas Aldermen Brow. Brooker. Millets Platt Raven Sheehan Strong. and Vaughan Nays None By Committee on Fire Department. An Ordinance Appropriating the sum of Fifteen hundred dollars for the purpose of purchasing and erecting a Fire Alarm Bell on [illegible] Market House The Ordinance was read Alderman Raven moved that a Committee of three be appointed to prepare suitable resolutions on the death of Alderman Markly Carried Alderman Raven. Millett and Strong were appointed on the Committee On Motion of Alderman Brooker the Council adjourned [signature] John [illegible] Approved [illegible] [illegible] [illegible] City Clerk --- Page break --- 470 [The page appears to be blank except for the page number 470 in the upper left corner.] --- Page break --- [This page appears to be blank except for the page number 471 in the upper right corner.]