647 Regular Meeting of City Council Austin Texas May 05, 1879. Mayor De Gress presiding Roll Called. Present Aldermen Karyn and Vaughan, Absent Aldermen pro, Brooker, Millett, Metz, Haller, Platt, Sheehan and Strong. There being no quorum present on motion the Council adjourned to May 7th at 8 P.M. Approved June 2d 1879 L. M. Bradley City Clerk --- Page break --- 648 Adjourned Meeting of City Council Austin Texas May 7th 1879. Mayor L. Gose presiding, Rob Collct Present Aldermen Corte, Lorroin, Millore, Hills, Platt, Karon, Strong and Bungham. Quorum present. The following business was transacted. The minutes of April 7th and 10th were read and approved. Petitions of McKinney and Newton, Morrison & Mulim, and L. M. Bell for retail liquor licenses were received and granted. Petition of Minter and others to erect a stand on the sidewalk. Laid on the table. Petition of Citizens of the 8th ward for the improvement of College Avenue. Read and referred to the Street Committee. Petition of Citizens of the Eighth ward for the building of a bridge over Waller Creek on Mesquit Street. Read and referred to the Street Committee. Report of City Engineer of surveys and estimating on College Avenue and Mesquit Streets. Read and referred to the Street Committee. Petitions of Austin H. & R. Co. No 1 and Hope H. & L. Co. No 2 for an appropriation for feed for their horses. Read and referred to the Committee on Fire Department. Petition of S. Sanford to retain his wood yard at its present location. Read and referred back to Board of Fire Commissioners. The following Communication was presented from the City Water Company. Office of the City Water Co. Austin May 5th 1879. To the honorable Mayor and City Council of the City of Austin. Gentlemen: We would respectfully petition your honorable body to pass the following Ordinance to protect the rights and [illegible] privileges of the Water Company. I have the honor to remain --- Page break --- 649 Very respectfully - M. D. Mather President City Water Co. Also the following entitled Ordinance. "An Ordinance providing for the management and protection of the rights and property of the City Water Company." Ordinance read first time and referred to the Ordinance Committee. Reports of City Marshal, City Treasurer, City Assessor and Collector, City Sexton and Pound report of City Marshal received and ordered filed. Also the following report of the City Attorney on the petition of A. D. Griffith Austin, May 5, 1879. To the honorable Mayor and Board of Aldermen of the City of Austin. Gentlemen. The petition of A. D. Griffith asking that your honorable body refund him the sum of $40.00 the amount for which two animals belonging to him had been sold by the City Marshall after having been impounded and advertised according to law, having been referred to me, I beg leave to report and suggest that it be refused, because under the law the City is not bound to refund in such cases. Respectfully W. D. Johns City Attorney Report of City Attorney adopted and Petition refused. Resolution authorizing the Street Committee to enter into a contract with the City Water Company to establish a stock fountain together with the following reports from the Street Committee: "The best arrangement that we can make with the City Water works is at $80.00 per annum, and which we would recommend that no contract be made for longer term than six months, if at all." G. Crow. The undersigned recommends that the Mayor be authorized to enter into a contract for --- Page break --- 650 said fountains at the price named. H. M. Strong. Also the following report from the Special Committee appointed to ascertain the cost of Establishing a stock fountain near Brady's Store in the Seventh ward. To the honorable Mayor & Board of Aldermen. Your Committee appointed to confer with the Water Company in regard to the price which said Company would charge the City for the stock fountain ordered to be established near, Brady's Store, in Seventh ward, respectfully state that said Company charges thy regular contract rates & recommend that the Mayor be authorized to enter into contract with the Company for said fountain. H. M. Strong, of Committee. Also the petition of J. W. Lawrence et al for a stock fountain in the third ward. Alderman Crowder moved to lay the reports of the Committees on the table. Carried. Alderman Millett moved to defer action on the petitions for stock fountains for six months. Carried. Reports were read from the Special Committee to whom was referred a resolution offered by Alderman Platt, to investigate the action of the city attorney in having perpetuated the injunction of the International and Great Northern Railroad Company to restrain the City Assessor & Collector from the collection of City Taxes upon their property located in the City of Austin. On motion, the Council refused to receive the reports. Communication from C. L. Nitschke, City Sexton in relation to the condition of the City Cemetery. Referred to the cemetery committee with power to act. Deed from Mrs. Florence A. Klitis, executrix of C. A. Whitis deceased, to the City of Austin of Certain property in the Sixth [illegible] --- Page break --- 651 Received and ordered to be recorded Resolution appropriating $65.00 for Sundries for the Fire Department. Resolution appropriating & Resolution 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, Crocker, Millett, Hall, Platt, Pann, Strong and Vaughan. Nays none. Resolution 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, Crocker, Millett, Halle, Platt, Pann, Strong, and Vaughan. Nays none. Resolution read third time and on motion passed by the following vote: Yeas Aldermen Crow, Croaks, Millett, Halle, Platt, Pann, Strong and Vaughan. Nays none. The proposition of De Cordon & McKinney to sell 19½ acres of land adjoining the City Cem-etery together with the following report from the Secretary Committee were read. "We do not recommend the purchase of this land at this time. L. M. Crocker, G. Crow. Report of Committee adopted. Proposition of Jones and Class to rent the property known as the "City Mills" Property, located on the River Walk. together with the following entitled ordinance " An ordi-nance authorizing the Mayor of the City of Austin to enter into an agreement and make a lease with Jones and Class for the City Mill Property. Ordinance read first time. Alderman Halle moved to lay the Ordinance on the table. Motion lost, suspend the rules to a motion was then made to place the ordinance upon its second reading, which it was lost two thirds of a full Council not voting in the affirmation The following was the vote --- Page break --- 652 Yeas Aldermen Croaker, Millett, Strong and Vaughan. Nays Aldermen Crow, Halle, Platt, & Parm. Resolution appropriating $51. for the purchase of Material etc. for an addition to the Engine House of Protection Hook & Ladder Co. No 3. Resolution 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, Croaker, Millett, Halle, Platt, Parm, Strong & Vaughan. Nays none. Resolution 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, Croaker, Millett, Halle, Platt, Parm, Strong and Vaughan. Nays none. Resolution read third time and on motion passed by the following vote: Yeas Aldermen Crow, Croaker, Millett, Halle, Platt, Parm, Strong and Vaughan. Nays- none. Resolution in relation to the City Physician & City Sexton as follows: Be it resolved by the City Council of the City of Austin. That from and after this date it shall be the duty of the City Sexton to submit his mortuary report to the City Physician for inspection and revision on the first day of each month and that it is hereby made the duty of the City physician to inspect, revise and correct said mortuary report and file the same with the City Clerk for the regular monthly meeting of the City Council. Be it further resolved. That it shall be the duty of the City physician to make a monthly written report to the City Council at its regular meetings, containing the following information, to wit: Number of patients on hand at date of last report; Number admitted to treatment since; whole number treated during the --- Page break --- 653 mouth, number that have died, been restored, and turned over to the County, number remain -ing on hand at date of each report, of prescriptions given during the month, and that all resolutions or parts of resolutions in conflict here-with [illegible] be and are hereby repealed. Resolution adopted. An ordinance appropriating $700.00 to erect a stone bridge over Waller Creek on Mesquit Street Ordinance read first time and on motion was referred to the Street Committee. By Alderman Strong the following resolution which was adopted. Resolved by the City Council of the City of Austin. That a street lamp be erected and maintained at the bridge on a branch of Waller Creek, on Salinas Street between Pipers Store Corner and College Avenue, and the City Marshal is authorized to see that this resolution is carried into effect. Proposition of B. Padley to build a sewer together with the following reports: Austin May 7, 1879 To the honorable Mayor and Board of Aldermen: The proposition of B. Padley which was referred to a special Committee - the undersigned majority of your committee respectfully report and recommend that the proposition be not accepted. L. N. Crocker, Jos. Tralle. Hon. J. L. De Gress Mayor City of Austin: Your special committee to whom was referred the proposition of Mr. B. Padley, have the honor to report the following: That there should be a sewer built at once in the business part of the City, that is, near Congress Avenue and Pecan Street, is beyond controversy. The only question then presents itself here, shall this sewer be built? The City is not in a condition to undertake this work, nor would your committee recom-mend such action and she has sufficient --- Page break --- 654 money on hand which could be used for this purpose, as we do not believe the entire city should be taxed for the benefit of a few. The City Council upon receiving the Mayor's message on this subject appointed a committee to take this entire matter into consideration. They finally concluded to advertise for propositions, to be received from private parties or Corporations, to build a sewer or sewers in this city. One proposition was received, Mr. Padkey's. This the Committee reported back to the Council, recommending that the plan proposed by Mr. Padkey the the most feasible, but without any other recommendation. As the proposition of Mr. Padkey will not involve the city in any expense whatever, your committee would recommend that a contract be entered into by the city with him, taking said proposition as a basis, with a few changes, and we herewith submit a draft for a contract: This agreement entered into by and between B. Padkey and his associates, party of the first part and the Hon. J. C. De Gress, Mayor of the City of Austin Texas, party of the second part witnesseth: 1. That the said party of the first part hereby agrees and binds himself and his associates (in case he sees fit to join any other persons with him) to build one or more sewers in the alleys immediately East or west of Congress Avenue, on Pecan Street, and such other streets as he may design- except on Congress Avenue, which street shall not be used except for the purpose of making connections with his pipes of [illegible] capacity. 2. That said party of the first part shall have the right, and he is hereby authorized to excavate, lay pipes and do anything that may be necessary to construct his sewers on any street, alley, sidewalk or public grounds, except as provided in the foregoing Section. Provided, that said party shall use reasonable --- Page break --- 655 diligence in the prosecution of such work & restoring all places where excavations have been made to their original condition. 3. That said party of the first part shall discharge the contents of the pipes into the Colorado River, at least one block East of Congress Avenue, and that said pipes be laid into the River at least — feet below low water mark. 4. That said party of the first part shall be guided by the following rates of charges: — — 5. That said party of the first part shall have the exclusive right to own and control said sewers for the period of -- years from date, - Provided that the City through her Mayor and City Council may at any time purchase said sewers at their original cost and that in such case this contract is null and void, and Provided further that should any sewers built, as constructed by said party of the first part, become inadequate to carry off the entire matter, as set forth in section 2, and refuses to enlarge said sewers after sixty days notice has been given, this contract shall be null and void. 6. In consideration of the benefits to be derived by the City, the party of the second part hereby exempts this enterprise from taxation for ---- years. We have left blanks to be filled out by the council in case the above meets their views. V. E. Vaughan. Alderman Pann moved to adopt the minority report. Motion lost. On motion of Alderman Crooker the majority report was adopted. Alderman Brow the Chairman of the Street Committee reported that the Rock Bridge on West Pecan street was in an unsafe condition. On motion the Street Committee was authorized to have the same repaired. --- Page break --- 656 An Ordinance authorizing the Mayor and Committee on Fire Department to Contract with the City Water Company for ten additional hydrants. Ordinance read second time. There being no further business the Council adjourned. Approved L. M. Bradley [illegible] June 2d 1879 City Clerk June 23 [illegible]