Regular Meeting of City Council. Austin October 07, 1878. Mayor Dr. Goss Presiding. Roll Called, [illegible] Present Aldermen, Crow, Brooker, Atts, Haven, Sheehan, Strong & Vaughan. [illegible] present. Alderman Brooker moved a call of the Council, call sustained by three and the Marshal despatched for Absentees. The minutes of Aug 12, 16, & 20 and of Sept. 2d & 9th were read and approved. Aldermen Millett, Metz & Platt appear- ed and answered to their names. On motion of Alderman Crow the call was suspended. Petition of H. C. Still & Bro. to discharge the water used in their saddle manufactory into an alley adjoining their premises. On motion of Alderman Vaughan the petition was granted. Petition of Jno D. Elliott for difference between City warrants and cash on his contracts for city printing. On motion the petition was referred to a special committee of three. The Mayor appointed as such committee Aldermen Crow, Platt & Metz. The following communication was rec'd from the City Water Company. Austin Texas Oct. 7th 1878. To the Hon. Mayor and City Council of the City of Austin, - Gentlemen. The undersigned herewith submits the following to your Honorable Body for your consideration. In view of the fact that the Reservoir constructed by the City Water Company has been in successful operations since the 15th day of December 1877 maintaining a supply of water at all times for fire and domestic purposes from 8 to 46 feet deep, the reservoir is now in a much --- Page break --- 573 better condition than when first Comple- -ted. The inner slopes have washed but a little during the past 10 months, and, from all appearances the wash will not be as great in the next few years as it has been in the past 5 months. The pressure from the Reservoir gives entire satisfaction (so far as known) to the Fire Department and domestic purposes. The water, when clear, also gives perfect satisfaction to consumers, but during a rise in the river the water is riley and mud by. We are compelled then to pump water into the reservoir as we find it. We are called upon often and repeatedly by water consumers, and others who would take water, to adopt some plan whereby they can have clear water at all times. This cannot be accomplished without a large outlay of money in constructing a filtering crib on this side of the river or in running our suction pipe to a coffer dam or filtering crib to the other side of the river. There is a very general feeling that the comfort, the interests, the welfare of all classes in our city depends in no small degree in their having good, pure, clear water at all times. Owing to a long serious prevailing com- -mercial depression, and the consequently impaired resources of the Water Company, we are unable to do this work and also comply with our agreement with the city in lining the Reservoir. If the City will release the Water Company from lining the Reservoir and accept it as it is in fulfillment of their contract, we will within the time required to line said reservoir, construct a filter- -ing crib upon this or the other side of the river. In conclusion, the importance of an --- Page break --- 574 early decision is respectfully urged to this end that surveys and detailed plans may be made and other necessary preliminary steps be taken, - so that the work may be let and commenced promptly. I am gentlemen Your most Obt Servt, Signed M. D. Mather Prest City Water Co. On motion the Communication was referred to a Special Committee of three. The Mayor appointed as such Committee Aldermen Farr, Brooker & Platt, Petition of J. D. Dobie for the refunding of taxes overpaid on his taxes for 1897. By motion the petition was granted. Petition of Monroe Millett to establish Bumpers in front of City Hotel, Ray- mond House and Ardmore Hotel On motion the petition was granted. Resolution appropriating $1.00 for refunding taxes overpaid by J. D. Dobie. Read first time and on motion the rules were suspended and the resolution placed on its second reading by the following vote: Yeas Crow, Brooker, Millett, Metz, Platt, Farr, Sheehan, Strong & Vaughan. Nays none. Read second time and on motion the rules were further suspended and the resolu- tion placed on its third reading by the following vote: Yeas Aldermen Crow, Brooker, Millett, Metz, Platt, Farr, Sheehan, Strong and Vaughan. Read third time and on motion passed by the following vote: Yeas Aldermen Crow, Brooker, Millett, Metz, Platt, Farr, Sheehan, Strong and Vaughan Petition of P. St. Ford relative to the condition of Crispes Street rc. together with the report of the City Engineer in relation thereto. On motion the report of the City Engineer was adopted and the petition --- Page break --- 575 laid on the table. Petitions of Hooper and Winburn, P. Thompgood, Andrews and Co., Forster and Co., and P. C. Kornber to have their ware- -houses recognized as warehouses for the storage of Cotton. Alderman Millett moved to refer the petitions to the Fire Committee. Lost. Alderman Plato On further motion, the petitions were granted. Communication of Washington Hose Co.# 1 relative to the giving up of their Hose carriage together with the following reso-lution by Alderman Vaughan. Whereas Washington Hose Co.#1, since the order of its disposal has all resigned, and whereas they have removed therefrom a gong which was placed on the Car- -riage of said Company by the City of Austin at a cost of fourteen dollars And whereas said gong is a necessary appendage to said carriage in order to render it effective - Therefore be it Resolved by the City Council of the City of Austin, that the late members of Wash- -ington Hose Co.#1 be requested to re- -place said gong on said Carriage and in case of their refusal so to do, the Mayor be and he is hereby requested and authorized to take such steps as may be necessary to have it done. Petition of J. S. Fuller to operate a shooting gallery. Granted Petition of J. H. Manuel to establish a meat market outside the market limits Granted Petitions of Fairbaine & Co. & Burditt & M. Coburn to retail liquors. Granted Petition of Citizens of 4th Ward for Street Lamps. Referred to Street Committee. By the Fire Committee. Austin Texas Oct. 7th 1878 To the Hon. Mayor & Board of Aldermen --- Page break --- 576 Your Committee on Fire Department to whom was referred the petition of citizens for an appropriation of $500th for a truck for Protection Hook & Ladder Co. #3 respectfully refer the same back with the recommendation that the pet- ition be granted and the appropriation made as prayed for. Respectfully, (signed) V. C. Vaughan; J. Sheehan Fin. Com. Report received. Report of City Seyton and City Marshal for September 1878. Received and filed. Report of City Atty relative to the "Old Mill Property" and other matters. Report received and on motion the City attorney was instructed to at once prosecute the claims of the City to the Mill Property. By the City Attorney. "An Ordinance defining an assault and battery and providing for the punishment of those committing the same." Read first time and on motion the rules were suspended and the ordinance placed on its second reading by the following voteYeas Aldermen Crocker, Millett, J Metz, Karm, Sheehan, Strong & Vaughan. 7. Nays Aldermen Crow and Platt. 2. Ordinance read second time and on motion the rules were further suspended and the ordinance placed on its third reading by the following votes Yeas Aldermen Crocker, Millett Metz, Karm Sheehan, Strong and Vaughan 7. Nays Aldermen Crow and Platt 2. Ordinance read third time and passed by the following vote. Yeas Aldermen Crocker, Millett, J Metz, Karm, Sheehan, Strong and Vaughan — 7 Nays Aldermen Crow & Platt. 2. --- Page break --- 577 Report of City Physician for the month of September. Received and filed. Petition of D. D. Anderson, City Engineer for increase of salary with the following endorsement of Street Committee. "Respectfully referred back to the Council without action." (Signed) Crooker Millett. On motion the petition was granted. Resolution to appropriate $500.00 in addition to the $500.00 already appropria -ted to purchase a truck for Protection H. & L. Co. No. 3. Read first time and on motion the rules were suspended and the resolution placed on its second reading by the following vote: Yeas Aldermen Crow, Crooker, Platt, Millett, Metz, Rann, Sheehan, Strong and Vaughan. 9. Nays- none. Read third time and on motion the rules were further suspended and the resolution placed on its third reading by the following vote: Yeas Aldermen Crow, Crooker, Millett, Metz, Platt, Raven, Sheehan, Strong and Vaughan 9. Nays none Read third time and on motion passed by the following vote: Yeas Aldermen Crow, Crooker, Millett, Metz, Platt, Raven, Sheehan, Strong & Vaughan 9. Nays none. Resignation of Jas. A. Hagle as Chief of the Fire Department. Resignation accepted and the Mayor requested to order an election to fill the vacancy. Alderman Crooker moved to reconsider the motion by which the resolution to lay the petition of F. L. Britton on the table. Alderman Millett moved to lay the motion --- Page break --- 578 to reconsider on the table. motion to reconsider laid on the table. Alderman Harm introduced the follow- -ing resolution which was read and unanimously adopted. --- Page break --- 579 At a late meeting of the City Council of the City of Austin [with] our [acknowledged] [loss] of our best and noblest citizens and most scientific and skillful physicians, to minister to the wants of the suffering and dying in the fever stricken section of our Country. True to the highest test to which manhood could be subjected, instinct with the loftiest courage by which it could be inspired, and animated with the tenderest sympathy for our kind - they left us followed by the prayers of our people that God would overshadow them in their mission of mercy. Since then while in the performance of the high purpose on which they so nobly and voluntarily entered one has been taken and passed to that bourne from which no traveller returns. On the 20th day of September A.D. 1878 Dr. T.D. Manning rested from his labors though his works do follow him. His death is a calamity to this city where he was known, respected & loved and beneath its shadow we are today enshrouded. The good and useful citizen is ever an irreparable loss to the community from whence he is taken, but how much more forcibly is the truth impressed upon us when the philanthropist, the scientist and the Christian combined, silently sleeps in the "city of the dead." Dr. Manning "was a man take him for all in all, we shall not look upon his like again"; none of the qualifications of the skillful physician, useful citizen and Christian gentleman were wanting in his character. As to the one, his professional brethren say, he was fast taking a leading position among the first men of our times. As to the other, his devotion alike to the --- Page break --- 580 poor and needy, as well as the more affluent, and the brilliant success which attended his ministrations upon the unfortunates at our blind asylum, assure us that his place can scarcely be filled. While as to the third, his intercourse among his fellows and his standing in his church, bear ample testimony to the fact, that he possessed the courtesy and urbanity of the one and the graces and beauty of the other. We his friends sorrow for him as man and brother and on his grave place garlands of immortelles- ever green as they are watered by the tears of love. In order therefore to give suitable expression of our appreciation of the noble deeds, be it Resolved, By the City Council of the City of Austin. That in the death of Dr. B. W. Manning who, while, as a volunteer, fell battling with the scourge of yellow fever in the City of Holly Springs, Miss; the State of Texas, the City of Austin and the Brotherhood of mankind, have met with a loss which cannot be estimated. Resolved. That we deprecate the proposition to have his remains interred in the State Cemetery, (neglected as it is and a disgrace to the State,) as has been suggested, but, claiming him as we do as a citizen of Austin, will appropriate any vacant lot in the City Cemetery for that purpose and co-operate as a Council with our fellow citizens in contributing to the erection of a monument to his noble memory. Resolved. That a committee of three be appointed by his Honor the Mayor to to act in conjunction with the committee appointed at the Manning memorial meeting held in this city on Saturday --- Page break --- evening the 28th inst. for the purposes of putting into effect the preceding resolutions. Resolved. That we tender to the family of the deceased, our tenderest yet profound sympathy in this their great bereavement. Resolved. That a copy of this preamble and these resolutions be spread in memoriam on a separate page of the minutes of this council; that they be furnished the city papers for publication and that a copy be forwarded, duly authenticated to the family of the deceased, by the Mayor with the seal of the City attached." --- Page break --- 582 His Honor the Mayor appointed Alderman Raven, Meillett and Brooker on the special committee provided for in the foregoing resolution (Reports of street committees on petitions of L. Pennington; citizens living east of East Avenue; citizens of 8th 9th and 10th Wards; and citizens of 5th and 6th Wards. Received. The account of C. W. White for $17.25. Laid over. On motion of Alderman Heillett, the two public wells in the 8th ward, were directed to be put in repair by the City Marshal, to be paid for out of 8th ward appropriation. The following resolution was read and adopted Resolved by the City Council of the City of Austin. That the Mayor be hereby authorized to appoint one (1) mounted police officer with the salary of a regular police officer and with thirteen (13) dollars additionally per month for feeding horse; said officer to furnish horse saddle and bridle. The following was read and passed. Resolved. That the sum of Three hundred and fifty two ($352) dollars, or so much thereof as may be necessary be and the same is hereby appropriated for the purpose of paying quarantine officers of the City of Austin, for the month of October 1878. Approved Oct. 12. 1878. The foregoing resolution was read first time, and on motion the rules were suspended and the resolution placed on its second reading by the following vote: Yeas. Crow, Brooker, Heillett, Hotz, Raven, Sheehan & Strong Nays. Platt and Naughtan Read second time, and on motion the rules were further suspended, and the resolution placed on its third reading by the following vote. Yeas. Crow, Brooker, Heillett, Hotz, --- Page break --- Raven, Sheehan and Strong. Nays. Platt and Vaughan. Read third time and on motion passed by the following vote. Yeas. Aldermen Crow, Brooker, Millett, Motz, Raven, Sheehan and Strong. Nays. Platt and Vaughan. Resolution appropriating Two hundred and fifty (250) dollars for the pay of Aldermen. Read first time and on motion the rules were suspended and the resolution placed on its second reading by the following vote. Yeas. Aldermen, Crow, Brooker, Motz, Raven, Sheehan, Strong and Vaughan. Nays. Aldermen Millett and Platt. Read second time and on motion the rules were further suspended and the resolution placed on its third reading by the following vote. Yeas. Aldermen Crow, Brooker, Motz, Raven, Sheehan, Strong and Vaughan. Nays. Aldermen Millett and Platt. Read third time and on motion passed by the following vote. Yeas Aldermen Crow, Brooker, Motz, Raven, Sheehan, Strong and Vaughan. Nays. Aldermen Millett and Platt. Resolution appropriating Fifty (50) dollars for repairs on College Avenue; Fifty (50) dollars on East Bois d'Arc Street and Two hundred and fifty (250), or as much thereof as may be necessary, for the improvement of the streets east of East Avenue. Read first time and on motion the rules were suspended and the resolution placed on its second reading by the following vote. Yeas. Aldermen Crow, Brooker, Millett, Platt, Raven, Sheehan Strong and Vaughan. Nays. None. --- Page break --- 584 Read second time and on motion the rules were further suspended and the resolution placed on its third reading by the following vote. Yeas Aldermen Crow, Crooke, Millett, Platt, Raven, Sheehan, Strong and Vaughan. Nays. None. Read third time and on motion passed by the following vote. Yeas Aldermen Crow, Crooke, Millett, Platt, Raven Sheehan, Strong and Vaughan. The following resolution was introduced by Alderman Strong. Resolved by the City Council of the City of Austin, That the City Clerk be and he is hereby authorized and required to procure for the use of all city officials having a copy of the revised City Ordinances, a clip of all ordinances or amendments to ordinances hereafter passed by this council. Alderman Vaughan moved in amend- ment. That the City Clerk be authorized to take fifteen copies of the issue of the Statesman, in which any ordinance is published. Amendment accepted and the resolution adopted as amended. The Mayor presented the following communication Cincinnati. August 23d 1878. Dear Sir, The National Narrow Gauge Railway Convention, held in this City the 17th of July, adjourned to meet again on the 23d of October next, as per accompanying circular you are cordially invited to attend, or send a representative. Tickets to the hall where the conven- tion will be held, will be distributed from the headquarters of the convention, Burnet House, this City. --- Page break --- 585 Invitation accepted, and leave of absence granted to, any Alderman who desires to attend, the convention. On motion the council adjourned. Approved L. M. Bradley. Attest Dec. 2d 1878 City Clerk