502 Regular Meeting City Council. Austin Texas, May 06, 1878 Mayor De Gress presiding. Roll called. Present Aldermen Crow, Croaker, Halle, Paris, Sheehan & Strong. Quorum present. Alderman Croaker moved a call of the council. Call sustained by three Alder- men. The Marshal was sent for the absentees. Aldermen Millett, Platt & Vaughan appeared and answered to their names. The minutes of the meeting of April 10th were read and approved and on motion of Alderman Millett the minutes of the meetings of April 11th 15th 17th & 29th was dispensed with. His Honor the Mayor submitted the following report. Austin May 6th 1878. To the Honorable Board of Aldermen, City of Austin. Gentlemen: In accordance with the City ordinan- ces, it becomes the duty of the City Council to fix the per centum of taxation for the year ending November 3rd 1878. To do this intelligently it may be well to look at the present financial condition of the city. Last year the taxable property was $6,250,270, on which a tax of one per cent. was levied by the council, making the income of the city from the Ad Valorem tax $62,582.70. Of this there had been collected to April 30.- $44,900.43, leaving an uncollected balance of $17,682.27; of this balance there can be collected about $15,500. Against this amount there are outstanding warrants to the amount of $4,783.73. The City Treasurer reports $4,644.th cash in the Treasury, which with the fines collected in the Mayors Court will make the cash on hand about $5000.00. This is sufficient to pay the --- Page break --- 503 interest on our bonded indebtedness due July 1st. During the last six months the following improvements have been constructed and paid for: An iron bridge over Waller Creek on Cedar Street, the reflooring and putting in of new tanbens on the iron bridge over Waller Creek on Pecan street, the partial filling of the ravines at the foot of Congress Avenue leading to the Colorado river bridge, two small bridges in the fifth ward; also the completion of the gutter and improvements on Pecan Street and a wooden bridge over Waller Creek on Chestnut street, except $50.00 yet due on the last bridge which will be paid when it is accepted by the Street Committee. Warrants have also been issued for the codifying of the City ordinances and are included in the above statement. The City has paid the warrant for $1500.00 with $150.00 interest due thereon, which was issued by Ex Mayor Wheeler for the Engine of Washington Fire Company No 1. This being the last payment on said Engine. The shrinkage in value of property in this City since the last assessment is over one million dollars, whereby the income of the city will be decreased this year over the thousand dollars, therefore economy must be practiced in every department of the City government. Only the most necessary improvements should be made during the year. I have for some time kept the prisoners at work opening East Avenue and breaking stone with which it is proposed to macadamize the streets mostly used by heavy travel. The only expense in making the improvements, will be the hauling of stone and gravel. The streets outside of the Avenues and Pecan Street, so long neglected, should receive your especial attention, and the largest portion --- Page break --- 504 of the money to be expended for improving blocks should be spent there. Fully realizing the loss of revenue to the City on account of hard times and the shrinkage in the value of property, but believing that you will do all in your power to assist in whatever efforts and made to economize, I respectfully recommend that our present taxes be reduced to fivesixths of one per cent for the present year, or that you continue the present rate of taxation and reduce our bonded indebtedness, whichever, in your judgment, be for the best interests of the City. If the people will pay their taxes and not encourage speculations in City war- rants, we can make a further reduction of taxes next year. Very respectfully, J.C. De Gress. Mayor. Report received The Mayor also submitted the following in relation to B.N. Willy City Attorney: Austin, May 3d 1878. To the Honorable Board of Aldermen of the City of Austin. Gentlemen: In compliance with the directions of your honorable body, I notified Mr. Wildly on the 30th ultimo. that after mature deliberations of the charges brought against him and after hearing the evidence adduced and his own statement, you had requested his resignation and informed him that you were thus lenient on account of his youth. He stated that he would acquaint me during the day whether he would comply with your wishes. The same day I received the enclosed letter from Mr. Archer, and upon asking Mr. Wildy whether this letter was written with his advice and consent, he informed --- Page break --- 505 me that it was. I have the honor to submit in addition to my letter to the council dated April 24, that I believe Mr. Wildy incompetent to perform the duties of the office of City attorney properly, and that he has attempted to use his official position for the purpose of persecution. Very respectfully, J. C. DeGress, Mayor. Mr. Archer's letter. Austin April 30 1878. Hon. J. C. DeGress, Mayor, Austin, Sir: Mr. Wildy has laid before me the nature of the differences that seem to exist between you and him, and also your statement to him that the City council had requested him to resign, and asked my advice thereon. I have advised him to unqualifiedly refuse your kind proposal. If you have any charges to make, prefer them in the proper manner and give him legal notice, - he is ready to meet them. Yours respectfully, Osceola Archer. Mayor DeGress' letter of April 24th 1878 Austin, April 24th 1878 Hon. Board of Aldermen City of Austin: Gentlemen: I have the honor to submit herewith papers showing monies collected by the City Attorney in the Justices Courts of this precinct Mr. Wildy collected all but $95.00 of this $293.00 in January, and the former amount in February, this money was kept by him until today, when I again called on him for this money and he then turned it over to the assessor and collector. I cannot believe that Mr. Wildy kept --- Page break --- 506 this public money in his possession with the intention of doing wrong or using it, but I am rather inclined to the opinion that it is the want of legal qualifications required of the law offices of this city, else he must have known, that not being a bonded officer and there being no law authorizing him to make collections, he had no right to do so. Although I had directed Mr. Hild- to turn this money over to the Assessor and Collector some months ago, which he neglected to do. today, when again required to deposit this money, he informed me that it had been deposited by him, a portion of it with Marshal Henry and the balance elsewhere; he also stated that the Assessor and Collector had refused to receive this money, as he did not know what commission he was en- titled to. While it is an unpleasant duty to make a complaint against an Officer, under the circumstances, I deem it necessary to acquaint you with these facts, so that you may be able to take the necessary steps to prevent a recur- rence of such action. Very respectfully, J. C. De Gress, Mayor. Letter from Assessor and Collector Austin, April 23d 1878. Hon. J. C. De Gress, Mayor: Dear Sir: In reply to yours of the nineteenth instant, I have the honor to hand you her-with certified copies of receipts given in cases where judgments obtained by the City of Austin against delinquent tax payers and others, have been satisfied. There has been no money paid to me collected --- Page break --- 507 on these judgments. Yours very respectfully, Jno I. Stinzing, Assessor & Collector Copies of receipts given by S.N. Wildy No 527 The City of Austin, ) Citation if Jany 18/78. vs and given to [illegible] same J.K. Quinn & Co. et alias. day. Suit on note of $42.52 filed # Citations 4.- $2.00 Jan. 18/78. Returnable 4th docket & law .20 Monday in January 1878 ) Bond .50 Judgment .50 $3.20 Received my fee A. Krause Ser. Citations & mi. 2.00 5.20 Received $33.00 of Peter Smith. Fritz Degener paid 10. J.P. $43.00 due to Court $50.22 43. balance due $07.22 I hereby certify that the above is a true and correct copy of the above case as it appears on my docket. Fritz Degener, Justice of the Peace Travis Co. Texas. No 1712 City of Austin, ) Suit on note for $75.00 dated } vs October 30. 1871. due July 30. 1872. The E. Cramer, b. G. Palm. July 18. 1874 writs issued returnable M. M. Wilson, on the 1st Monday in August 1874 and given to Stokes & returned served July 21. 1874. Aug. 3/74 continued for service on Palm. Sept. 7. 1874. The Plaintiff appeared and dismissed this suit as to the defendant b.G.Palm and the other defendants failed to appear and the Court after hearing the evidence doth order & adjudge that the Plff. The City of Austin, recover of the defendants The. E. Cramer and M. M. Wilson the sum of eighty seven 87/100 dollars principal and interest to date with interest thereon at 8 per cent per annum and all costs of suit for which execution may issue. Signed James N Smith J.P. Travis Co. Texas --- Page break --- 508 Sept. 21st 1871. 1st Ex. issued and given to Stoker and returned not satisfied. July 10. 1878. 2d Ex. issued and given to Sublett and returned satisfied in full. State of Texas) I James H. Hill a Justice of the Travis County) Peace in and for Precinct No 2. 3. Travis County and successor of Jas. W. Smith the office Before whom the judgment on the within hereof was rendered. do hereby cer-tify that said judgment & entries are a true and correct Copy of the entries on my docket in the said cause. In testimony whereof I hereunto set my hand at office in Austin this the 23d day of April 1878 James H. Hill. J.P. Travis County Texas. State of Texas. } Statement of cases brought County of Travis. } in Justices [illegible] Court against delinquent tax payers by the City of Austin. No. 114 City of Austin } Suit for taxes due the City of Austin. vs } for 5.44 Execution stopped by City Atty. Hall & Co. } Justices costs not paid $3.85 No. 115. City of Austin } Suit on tax 2d tax $46.00 vs } paid 46.00 T. J. Moore. } costs paid in full. No. 116. City of Austin } Due for costs of Court $2.95 $20.00 vs } Due to the City of Austin H. J. Oliphant. $20.00 No. 119. City of Austin } Due to the City of Austin $18.74 vs } Paid to S. Britton $30.00 Dr. M. A. Morris } Due Justices costs $3.95 No. 122. City of Austin, } Paid to S. Britton $15.30 $2.06 vs } costs paid in full Alonzo Pennington } No. 123. City of Austin } Dismissed at request of vs } city attorney N. C. Withers } costs due to Just. Court $3.95 $68.76 costs carried forward $15.51 --- Page break --- 509 $68.56 Austin Brot Forward $15.50 No 125 City of Austin, ) Suit for $2d.16 due the City Vs { of Austin. Mrs. Lucy Raymond, ) Due Justices Court $3.95 Nothing paid in court. No 137 City of Austin ) Suit for taxes due the City Vs { of $178.40 B. Trigg ) Justices costs due $2.50 No 139 City of Austin, ) Judgment for the City of Vs { Austin for $9.86 Nothing Bethel Lockwood ) paid to the Court. Justices costs due - $2.90 No 153 City of Austin ) Owes the City for taxes $15.75 Vs { paid to [illegible] Britton $5.95 August no F. Otto, ) $9.80. Balance due to the [illegible] { City of Austin. Justices Mrs. Caroline Otto. ) costs paid in full. No 167. City of Austin. ) Amt paid in City scrip Vs { Eight dollars, 90 cents to J. M. Swisher, ) the City. due to Justices Court $8.98 No 168. City of Austin. ) Due to the City of Vs { Austin, $190.84 D. M. Wilson. ) Execution returned no property found. Justices costs. $2.90 $74.51 Austin carried forward. $38.98 $74.51 Austin Brot Ford $38.98 No 190 City of Austin. ) Suit on acct. of City $112.54 Vs { taxes for $112.54 paid Saml Harris. ) Judgment w/ costs in full. $187.05 Rec'd this 14th day of January 1878 one hundred and eighty seven 00/100 dollars ($187.05) from Hon Fritz [illegible], the amount as taxes recovered in Precinct No 3. of Travis Co Texas --- Page break --- 510 (signed) Sam. N. Hildy, City of Austin. Received of Sam. N. Hildy City Attor- ney the cost $38.⁴⁰ in the above numbered and styled cause. (Signed) Fritz Figuren, J.P.P.C. Tex. I hereby certify that the foregoing is a true and correct copy of the original receipt now in my possession. Fritz Figurs. Justice of the Peace Travis Co. Tex. Report received and on motion of Alder- man Brooker action thereon was postponed to a special meeting to be called for that purpose. Petition of John Morris for liquor license Petition Granted. Petitions of Charles and William Thiele to refund one half of amount deposited by them for issuance of license as butchers and that license issue to them for six months Petitions granted. Quarterly Report of Assessor and Collector reporting collections during the quarter of $32.8 50.⁸⁷ Report received and referred to Finance Committee Quarterly report of City Treasurer showing a balance on hand of $4.644.⁴¹ Report received and referred to Finance Committee. Quarterly report of City Marshal showing fines collected in Mayors Court $307.⁰⁰ worked out on streets $295.⁰⁰ Report received Report of City Physician showing number of patients remaining under treatment 15. Also a report on the subject of Trichinæ in fresh pork. Report received. Report of City Sexton showing total deaths --- Page break --- 511 in month of april 18. Received Report of Street Committee regarding the condition of Bois d Arc Street between San Antonio and Nueces Streets, recommending an estimate to be made by City Engineer of cost of work to be done. Report received and adopted Also a report by same Committee submitting an ordinance in relation to gas lamps and recommending its passage. Report received and ordinance read first time. An ordinance appropriating $1500.00 for the purchase of a fire alarm bell Read second time. Petition of J.D. Elliott for relief under his contract for City Printing Read and referred to Finance Committee. Resolution giving John F. Himbent late City Clerk full pay for the month of April. Read second time and on motion of Alder- man Millett the rules were suspended and the resolution placed on its third read- ing by the following vote: Yeas known, Brooker, Millett, Halle, Platt, Ranew, Sheehan, Strong, and Vaughan - 9. Absent Alderman Metz. 1. The resolution then passed by the following vote: Yeas Brooker, Millett, Halle, Platt, Ranew, Sheehan, Strong and Vaughan- 8. Nays Alderman Lesbow 1. Absent Alderman Metz 1. On motion of Alderman Ranew the street Committee was instructed to make a cul- vert south of the court house to the Congress Avenue gutter. Resolution requiring City Clerk to furnish for publication a synopsis of all business at regular and called meetings of the council Resolution passed. By Ordinance Committee An ordinance creating the offices of City Engineer and Street Commissioner. --- Page break --- 512 Read first time and on motion the rules were suspended and the ordinance placed on its second reading by the following vote. Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Raven, Sheehan, Strong and Vaughan. 9. Absent Alderman Metz, 1. Ordinance read second time and on motion the rules were further suspended and the ordinance placed on its third reading by the following Vote: Yeas Aldermen, Crow, Brooker, Millett, Halle, Platt, Raven, Sheehan, Strong and Vaughan.- 9. Absent Alderman Metz 1. Ordinance read third time and passed by the following Vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Raven, Sheehan, Strong and Vaughan — 9. Absent Alderman Metz — 1. An ordinance prohibiting the keeping of pigeons within the City of Austin. Read first time and on motion the rules were suspended and the ordinance placed on its second reading by the following vote: Yeas Aldermen, Crow, Brooker, Millett, Halle, Platt, Raven, Sheehan, Strong and Vaughan - 9. Absent Alderman Metz 1. Read second time and on motion the rules were further suspended and the ordinance placed on its third reading by the following Vote. Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Raven, Sheehan, Strong and Vaughan - 9. Absent Alderman Metz, 1. Ordinance read the third time and passed by the following Vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Raven, Sheehan, Strong and Vaughan - 9 Absent Alderman Metz - 1. Resolution appropriating $167.50 for mason work on bridge over Waller Creek on Pecan Street. Read first time and on motion the rules were suspended and the resolution placed on its --- Page break --- 513 second reading by the following Vote. Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Parou, Sheehan, Strong and Vaughan - 9. Absent Alderman Metz - 1. Resolution read second time and on motion of Alderman Strong the rules were further suspended and the Resolution placed on its third reading by the following Vote. Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Parou, Sheehan, Strong and Vaughan- 9 Absent Alderman Metz - 1. Resolution read third time and on motion passed by the following Vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Parou, Sheehan, Strong, and Vaughan 9. Absent Alderman Metz 1. An Ordinance prohibiting certain acts on Sunday. Read first time and on motion the rules were suspended and the ordinance placed on its second reading by the following Vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Parou, Sheehan, Strong & Vaughan- 9 Absent Alderman Metz 1. Ordinance read 2d time. Alderman Parou moved to amend by adding article No 385 of the old ordinances. Amendment adopted and on motion the rules were further suspended and the ordinance placed on its third reading by the following Vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Parou, Sheehan, Strong, and Vaughan. Absent Alderman Metz 1. Ordinance read third time and passed by the following Vote. Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Parou, Sheehan, Strong and Vaughan. 9. Alderman Metz absent. 1. An Ordinance relating to and regulating the City Cemetery. Read first time and on motion the rules were suspended and the ordinances placed on its --- Page break --- 514 second reading by the following vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Paven, Sheehan, Strong & Vaughan. 9. Absent Alderman Metz 1. Ordinance had second time and on motion the rules were further suspended and the ordinance placed on its third reading by the following vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Paven, Sheehan, Strong & Vaughan — 9. Absent Alderman Metz 1. Ordinance read third time and on motion passed by the following vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Paven, Sheehan, Strong & Vaughan. 9. Absent Alderman Metz 1. An Ordinance relating to Street Dimensions Read first time and motion to suspend the rules lost by the following vote, two thirds of the Aldermen not voting in the affirmative. Yeas Aldermen Crow, Halle, Platt, Sheehan, and Vaughan. 5. Nays Aldermen Brooker, Millett, Paven and Strong 4. Absent Alderman Metz 1. On motion the ordinance was referred to the ordinance Committee. An ordinance regulating elections. Read first time and on motion the rules were suspended and the ordinance placed on its second reading by the following vote. Yeas. Aldermen Crow, Brooker, Millett, Halle, Platt, Sheehan, Strong and Vaughan .. 8. Nays Alderman Paven 1. Absent Alderman Metz 1. Read second time and on motion the rules were further suspended and the ordinance placed on its third reading by the following vote: Yeas Aldermen Crow, Brooker, Millett, Halle, Platt, Sheehan, Strong & Vaughan — 8. Nays Alderman Paven 1. Absent Alderman Metz 1. --- Page break --- 515 The ordinance was read the third time and on motion passed by the following vote: Yeas Aldermen Crow, Corboker, Millett, Hall, Platt, Sheehan, Strong & Vaughan — 8. Nays Alderman Brown 1. Absent Alderman Metz - 1. On motion of Alderman Millett the Council adjourned. Approved L. M. Bradley May 14 1878 City Clerk