635 Cally L Meeting of City Council Austin, Texas, March 24. 1879. Mayor A. W. Congress presiding. Roll Call: Present Aldermen Brown, Brooker, Callet, Platt, Paneu, Sheehan and Strooz. The following business was transacted. The Board of Fire Commissioners submitted the returns of an election held by the Fire Commissioners Department of the City of Austin on the seventeenth day of March 1879. On motion the Council proceeded to Canvass the returns. Aldermen Brown, Paneu and Brooker were appointed tellers and the following was announced as the result For Chief of the Fire Department. John Brown - 70 votes. For assistant Chief F. Ziller - 55 Votes. For Recorder F. Buchanan - 57 Votes. Scattering - 10 " An motion John Brown was declared duly elected Chief of the Department. F. Ziller Esq. Assistant Chief and F. Buchanan Esq. Recorder and their election was unanimously confirmed by the Council. The Message of His Honor the Mayor. City of Austin, March 24 1879. To the Hon. Board of Aldermen, Gentlemen: I have the honor to return herewith, with my objections thereto, An Ordinance appropriating four thousand five hundred and sevnty eight dollars. This appropriation is made for procur- -ing such material as may be necessary in extending the mains of the City Water Com-pany and erecting hydrants. This Ordinance is in my opinion, in direct conflict with a Contract entered into by the City of Austin, through her Mayor, Hon --- Page break --- 636 T. B. Wheeler, and the City Water Company, through her President, M. L. Wether dated Austin Texas April 18" 1877. Article 709 of the City ordinances gives this Company the exclusive privilege of constructing and operating a system of Water supply for the City of Austin and I am not able to see how this wide and extensive contract can become a party thereto. except as provided therein. It will be remembered that the City Council in levying a tax of one per cent. for the year 1878, set aside one-sixth of one per cent. for the redemption of City bonds. The ad Valorem tax for said year amounts to $52.145.74. Taking one-sixth of one per cent. leaves $4354.72 to carry on the City government with the revenues from license and other sources which cannot be estimated at this time. Up to this date the following disburse - - ments and appropriations have been made: Fin Department $3.466.19 Street & Bridges 2.691.17 Miscellaneous 650.52 Market House 436.30 Printing, Stationery & Postage 407.66 Light City 718.98 Salaries of Officers, Commissions of Assessor & Collector, including } $7.163.89 Police officers 167.98 City Secretary 2.446.68 Street Lights 1.400.00 Water Works 5.072.92 City Bonds redeemed 700.00 Sanitary 646.35 $25.663.04 --- Page break --- 637 Interest to be paid in June & July next. $4,000.00 Water Rents to be paid June 30 and 2,800.00 September 30. Street Lamp to Oct. 20. 1879 about 3,500.00 Appropriations already made but not expended for streets and bridges 4,800.00 Appropriations already made but not yet expended for City Hospital 8,5.00 Total. $42,638.00 An above with the usual expenses of the City will require nearly forty dollar of in same. I do not want to be understood as being opposed to Fire Protection whenever it may be needed. On the contrary I am in favor of having water facilities for fire protection from all parts of the City as for its financial condition will admit, so that the people generally may receive some return for the taxes they pay for this particular institution. I believe the City Water Company will extend their mains, upon application being made by the City Council for more fire plugs, to such places in the City as they may desire. An ordinance as drawn is not in accordance with the requirements of the City Charter, and, though only a techni- cal error, it would have to be reenacted. Very respectfully, (Signed) J. B. De Gress, Mayor. March 8. J. B. Sigue wrote the above Captain Wather, President of the City Water Company has sent me the annexd Communication. Signed J. B. De Gress, Mayor. Office of City Water Company Austin Texas March 8th/79. Hon. J. B. De Gress Mayor of the City of Austin, Texas. --- Page break --- 638 Sir. On Feby. 3. 1879. a/h, concerning with the renewing your Former communication & relative to the drawing up, of a communication relative to the furnishing of pipe by the City to connect with our Public & Private Hydrants, thereon and furnishing water free of charge. At a meeting of the Directors of the water Company, it has been decided. That the Company cannot accede to their contract with the City, make any arrangement which would give the City and control over the water. Remove and pipes or in any way permit the City to own or Claim any part of the pipes operated by the water Company, or that the water Company cannot adopt the pipe offered as a gift. But the water Company is ready to put down pipe at any time when the City requires Hydrants for fire purpose, upon reasonable terms such as may be mutually agreed upon by the parties. I am instructed by the Board of direc- tors of the water Company, to request that your letter to the Fire Committee of February 3. 1879 be withdrawn and not to be entertained farther by the City as a proposition, it is already withdrawn. I have the honor to remain Very respectfully, F.L. Mathes President City Water Co. On motion of Alderman Croake. The veto of the Mayor was unanimously sustained. Petition of Mr. A. Van Patten for per- mission to retain his lumber yard at its present location in the 7th Ward, together with the report of the Board of fire Commissioners recommending that the petition be granted. Mr. A. Van Patten petition approved. first time two thirds of a full Council voting --- Page break --- in the appropriate. Petition of S. Saur. J. to retain his wood Yard at its present location in the fire limits. together. with report of the Fire Commissioners recommending that the Petition be granted provided the petitioner shows by full evidence. that all property. owners within a block of his place of bus-iness. use the wood for his question to remain there. The Council refused to grant the petition. two against. or refusing in the affirmative. Petition of Dudley and lebbert to establish a lumber yard within the fire limits. Report of Board of Fire Commissioners. Petition of Ed. Mabeller to establish a shoot-ing gallery. Granted. Report of Board of Health making certain recommendations relative to the execution of the introduction into the City of the Sewall Gas. Report of the Charity Committee with instructions to report at the next regular meeting. Petition of A. Robiesky. & c. for license to retail liquors. By motion. Petition of William Mellon and others, residents of the Seventh ward, for a stock fountain at the corner of Sabine and Cherry Streets. together with the following resolution! Resolution authorizing the Street Com- -mittee to enter into a Contract with the City Water Company to establish a stock fountain. Be it resolved by the City Council of the City of Austin, that the Street Committee be and they are hereby authorized to enter into a contract with the City Water Com- -pany to locate a stock fountain at the South East Corner of Sabine and Cherry Streets. In motion of Alderman Strong the resolution was adopted. --- Page break --- 640 Proposition of P. Hadley in relation to the Construction of a sewer. The Consideration of the proposition, was on motion postponed until the next regular meeting. Proposition by Alderman Falle relative to the obstruction of Granger St. between Pine and Dird A St. Stricks by the congregation of Carts, wagons and other vehicles. Alderman Falle moved that the City, Attorney be instructed to draw up an ordinance embracing the objects of the reso- lution, and that the City Marshal shall be directed to select some suitable place for a stand for wagons, drags &c. (Motion Lost) Communication from City Marshal in relation to City Pound, Laid on the table. His Honor the Mayor nominated as Special Policemen the following Gentlemen, J. J. Breckenridge, P. J. Brackenbury, J. M. Thornton, C. H. Moody, B. H. Marshall, Geo. Callahan, E. Miller, Fritz Rickman, J. A. Hil- kelry, Dennis Sheehan, H. H. Dinkins, E. Brunson, H. H. Beall. Aldermen Brown & Brockenbury appointed tellers. The ballot being taken, the Council refused to confirm any of the nomina- tions, except Messers P. H. Moody, Geo. Callan and E. Brunson who were confirmed. On motion the Council adjourned. Approved April 7. 1879 R. H. Bradley City Clerk