6 Regular Meeting of City Council Austin Tx, December 01, 1879. Mayor De Gres presiding. Roll called. Present - Aldermen, Boardman, Connly, Booker, Metz, Nalle, Reichman, Robertson, Sheehan, Tobm, and Wahrenberger. The minutes of the minutes of November 13 and 29 were read and approved. His honor the Mayor submitted the follow-ing message for the consideration of the council. Mayor's Office Austin, Tx December 1 1879. To the Hon. Board of Aldermen, City of Austin. Gentlemen:- As we are entering a new fiscal year, I desire to offer a few suggestions in regard to the policy I think ought to be pursued during this administration in regard to the finances of the city and some matters ofless importance. I herewith submits a statement of the bond-ed indebtedness of the city furnished by the treasurer. Hon J. C. De Gress, Mayor of City of Austin: I have the honor to submit list of bonds outstanding, not called in, viz: 30 Bonds, Nos 102 to 131 inclusive. $100 each $3,000 1 Bond No. 30, dated Jan 1- 74 10 years- 4.00 28 Bonds, Nos. 2 to 29 inclusive dated Jan 1. 1874. 10 yrs $500- each 14,000 53 Bonds, Nos 1 to 53 inclusive, dated Jan 1. 1874, 20 yrs- $500 each 26,500 14 Bonds, Nos 56 to 69 inclusive dated Jan 1. 1874 20 yrs $500 each 7,000 40 Bonds, Nos. 101 to 140, inclusive dated Jan 1. 1875 20 yrs $500 each 20,000 8 Bonds, Nos 141 to 148, inclusive dated Jan 1st 1875- 20 ys- $500 each 4,000 34 Bonds, Nos 155 to 188 inclusive dated Jan 1. 1875, 20 years $500 each 17,000 $91,900 00 I have the honor to be, very respectfully --- Page break --- signed, J. W. Howard City Treasurer. Nineteen (19) of these Bonds $1900. can be paid at the pleasure of the city; these should be retired at the earliest practicable moment. All these bonds bear ten per cent interest annually. The last Legislature passed "an Act to authorize counties, cities and towns to scale and fund their indebtedness and for raising means to pay the same," approved Mar 25, 1879. I think it our duty to take advantage of this law and fund our indebted- ness by a longer running bond at less interest, if it can be done. The following statement will show the difference to be paid out by the city on a five by twenty-five year running bond at six per cent interest, that being the highest rate which can be paid under the law authorizing the funding of our indebtedness. $27,500 interest at 10% - $7,250.00 $72,500 interest at 6% $4350.00 Difference $2900.00 $33,500 interest at 10% from Jan 1, 1880 to Jan 1, 1894 - 14 years at $335. $46900.00 $33,500 interest at 6% from Jan 1, 1880 to Jan 1, 1905 - 25 years @ $2000. 50250.00 Difference $3350.00 $39,000 interest at 10% from Jan 1, 1880 to Jan 1, 1895, 15 years, at $390. $58500.00 $39,000 interest at 6% from Jan 1, 1880 to Jan 1, 1905 - 25 years, at $2340 $58500.00 The above statement shows the bonds payable in 1894 and 1895 and the diffeence in interest annually, if they can be substi- tuted for twenty-five year bonds; those payable prior to this time should be paid as they fall due. The immediate advantage to the people in funding these bonds would be a reduction of taxation or the purchasing of the other bonds. In these hard times a dollar today --- Page break --- 8 is worth more to a laboring man or merchant than two were three years ago, it therefore behops us while money is scarce, but few private improvements progressing, to do everything in our power to reduce taxation or our debt. I therefore suggest that an or- dinance be passed in accordance with the above— I respectfully recommend that an ordinance be enacted relieving the marshal of the duties of pound master, as his duties proper occupy his entire time, and that this position be filled by another person, with the same powers invested in the marshal. The running at large of cattle, horses and hogs is becoming a great nuisance and steps should be taken at once to enforce the ordinances governing this matter. The police force is not large enough to perform the duties assigned them in this connection, nor can I conscientiously recommend an increase of this force at this time, but by offering a small reward for the taking up and bringing to the pound animals running at large in violation of the city ordinances, the object in view can be accomplished, and persons owning this stock and therefore guilty of this violation, can be dealt with according to law. Complaints have been made frequently of late about the shortage in the measurement of wood for fuel. This is a matter in which every citizen is concerned. Section 26 of article 6 of the charter provides for the measurement of wood etc. I submit this matter for your consideration, recommending that the above section be complied with, and an ordinance passed in accordance therewith. Improvements on streets should be con- tinued as soon as the taxes now due are paid into the treasury. A committee of aldermen and citizens, was appointed some months since to report on sewerage for this city. You will find --- Page break --- 9 herein my recommendation on this matter as made to the city council in 1877 and 1878. Deeming it necessary that this matter should be thoroughly investigated, I appoint on this committee the following gentlemen: Alderman, Lemcke, Boardman Wahrenberger, Tobin and Nalley, to act with the citizens already appointed. Section 9 of article 6 of the city charter authorizes the establishment of sewers. I called attention to this matter in a communication to the city council on July 31, 1877, which I here insert and make part of this report: "My attention has been called to the uncleansly condition of the city, by the health inspector and citizens generally. The only way in my opinion, to remedy this evil and place the city in a good Sanitary condition is by the construction of a sewer. The alley immediately east of Congress Avenue seems to be the most desirable and practicable place to locate such sewer, the head of which should be located upon the premises where the county buildings are situated and to be carried to the Colorado river. The sewer should be built deep enough, so as to enable the city to have smaller sewers constructed from different parts of the city, running to the main sewer. The county is interested in this improvement, as her privies and the filth accumulating in her cesspools have to be emptied, and this should be done without detriment to the health of our citizens. So far the county has been unable to do this, but on the contrary, this emptying and cleaning process has not only been annoying and offensive to the citizens living near the county buildings and the streets through which this filth was hauled, but they have actually been compelled to remove their families in the middle of the night to avoid these dangerous and sickening odors. The county could save thousands of dollars by assisting in the construction of this sewer, and --- Page break --- it is believed the Commissioning will cheerfully aid the city in this enterprise as necessary to both. I would, therefore, suggest that your honorable body meet and consult with the honorable county court (now in session) regarding this matter; also request the citizens to appoint a committee for the purpose of assisting your honorable body & the honorable county court in raising funds for the construction of said sewer, and begin work as soon as practicable. When the Legislature meets, the city council and the county court could represent to that honorable body the benefits to be derived by the State by the extension of said sewer to the sinks, etc, on the Capitol grounds, and if assistance be granted by the Legislature the sewer could be extended north of the Capitol and thereby give the city complete drainage with but little additional expense." The same recommendation made at that time holds good now; in recommending the alley east of the Avenue I was actuated by a desire not to disturb the beautiful street. I hand you herewith a letter from Col. G. A. C. Smith, superintendent of the United States court house and post Office building on this subject. Very Respectfully (Signed) J. C. De Gress Mayor Office of Supt. Construction United States Court House, etc. Austin, Tex. December 1, 1879 Hon. J. C. De Gress, Mayor of the city of Austin. Sir: As it will be necessary for the proper drainage of this building to have a sewer, I am requested by the supervising architect to ascertain if the city authorities are willing to pay one half of the expense of laying a terra-cotta pipe from this building to the river, the city and government to have joint- --- Page break --- 11 use of the same, the size of the pipe and its location to be determined by the city. Very respectfully (Signed) J. A. O. Smith, Superintendent. Message received. Petition of J. W. Robertson and A. W. Kluge, for the erection of a street lamp in the fifth ward. Granted. Petition of H. Cameron, for permission to place public scale in position in front of his store on East Avenue. Granted. Communication from J. H. Dinking, asking for an appropriation of $157.22 for the purpose of purchasing a transit, etc. Received. Resolution appropriating $157.22, or so much there of as may be necessary, to buy instruments for the city engineer, read first time and, on motion, the rules were suspended and the resolution placed on its second reading, by the following vote: Yeas: — Aldermen Boardman, Coombs, Cooke, Metz, Nalle, Robertson, Reichman, Sheehan, John and Wahrenberger. Resolution read second time and, on motion, the rules were further suspended, by the following vote: Yeas — Aldermen Boardman, Coombs, Cooke, Metz, Nalle, Robertson, Reichman, Sheehan, John and Wahrenberger. Resolution read third time and on motion passed by the following vote: Yeas — Aldermen Boardman, Coombs, Cooke, Metz, Nalle, Robertson, Reichman, Sheehan, John and Wahrenberger. Petition of Wm. Brueggerhoff, for the specing and repairing the gutters on the north side of his business block, together with an estimate of the cost of said work. Referred to street committee. Petition of S. Bailetti et al, for the erection of a lamp post in front of Bailetti's store. Referred to street committee. --- Page break --- 12 The following communication was received from the chief of the fire department: Office Chief Fire Department, Austin, Tx. December 1. 1879 Hon J. C. De Gress, Mayor and Board of Aldermen City of Austin: Gents— I respectfully petitine your honorable body, that you will make an appropria -tion for 500 feet of fire hose, for the use of the Austin fire department, to be purchased in such manner as you may direct. (Signed) John Bremond Chief Fire Department. Referred to committee on fire department. Reports of the city marshal, city sexton, and city physician for the month of November, 1879, were read and ordered filed. The following communication from the city marshal was read and on motion, referred to the committee on market house with power to act. City Marshal's Office. Austin, December 1, 1879 To the Hon. Mayor and Board of Aldermen, City of Austin. Gentlemen— I must respectfully call your attention to the present condition of the markethouse, which is greatly in need of repairs in the following places: The roof leaks badly in numerous places, and when it storms heavily, books, desks, and other material have to be removed to preserve them from injury until the rain ceases. The walls need plastering in several places, and the windows in the mayor's court-room badly need to be adjusted. The cells of the city prison are very insecure and unsafe for the keeping of prisoners, several having made their es-cape owing to the weak construction of the cells. Very respectfully, (Signed) O. Creary City Marshall. Communication from chief of fire department calling attention to the custom of discharging --- Page break --- 13 fireams on occasion of fires, and asking that ac-tion be taken to prevent its future occurrence. Received. Official bond of C. L. Nitocke, as city syslem read and approved. Communication from city engineer, recommending the appropriation of $200 00 for the purpose of fixing the approaches to the bridge over Waller creek on Chestnut street. Received. By alderman Reichman; An Ordinance to appropriate $200 00 to fix the approaches to Chestnut street bridge. Read first time; and on motion, the rules were suspended and the ordinance placed on its second reading by the following vote: Yeas:— Aldermen Boardman, Countz, Crocker, Metz, Robertson, Reichman, Shahan, John and Wahsenberger. Nays. — Nalle. Ordinance read second time and, on mo- tion, the rules were further suspended and the ordinance placed in its third reading by the following vote: Yeas:— Aldermen Boardman, Countz, Crocker Metz, Robertson, Reichman, Shahan, John and Wahsenberger. Nays: Alderman Nalle. Ordinance read third time and on, motion, passed by the following vote: Yeas: Aldermen Boardman, Countz, Crocker, Metz, Robertson, Reichman, Shahan, John and Wahsenberger. Nays: Alderman Nalle. An ordinance amending article 442 (8) of the Revised Ordinances of the City of Austin. Read third time and on motion, passed. The following communication from the board of fire commissioners and committee on fire department was read and received: To the Honorable the Mayor and the Board of Alderman of the City of Austin: At a meeting of the fire commissioners of the City of Austin, --- Page break --- held on November 17, 1879, to take action upon the petition of certain citizens and the board of underwriters, concerning the storage of cotton, with -in certain limits in the business portion of the city, referred to us for action by your honorable body, it was unanimously agreed after a full discussion of the question, that cotton should not be allowed to be stored in certain limits in the city, and to effect this purpose it was agreed to submit an amendment to article 218 and a re-peal of article 217, Revised City Code, both bear- -ing on this subject, and to request your honor-able body to repeal any permits heretofore given antagonistic to this law. We would further request your honorable body to make it the duty of the market master or some one in the employ of the city to make an inspection at least every two weeks to see that this law, as well as all others governing fire regulations, be rigidly enforced, especially against piling boxes and straw in large quantities against or near to the rear of store buildings in the business part of town, making fires in open yards and other infractions of the law. We urgently request this of your honorable body in the name of the firemen of our city, who, when the dread hour of danger comes, have to meet the fire demon, and in their name we can assure you that, "an ounce of prevention is, with fire, worth a hundred times a pound of cure" Very Respy. John Bremond, Chief Attest: Fritz Reichman, Recorder. Recommended by L. M. Crooker Fritz Reichman Fire Committee. Alderman Robertson presented a petition from D. L. Campbells recommended by G. Camp, Mc Creery & Co. and others, asking permission to retain his cotton warehouse in the rear of --- Page break --- 15 Fonsters oleot bank for the remainder of the season, or until he caned have a suitable warehouse built for the storeage of cotton. The mayor ruled the petition out of order on the ground that there was an ordinance in force, with which the petition would be in conflict if granted. An ordinance to amend article 210 of the revised ordinances of the city of Austin. Read first time, rules suspended and the ordinance placed on its second reading, twothirds of a full council voting for the sus- pension of the rules. Ordinance read second time. Alderman Robertson moved to lay the ordinance on the table. Lost. On Motion the rules were further sus- pended and the ordinance read third time and passed, two-thirds of a full council voting in the affirmative. "An ordinance to repeal article 219 (112) of the revised ordinances." Read, first, second, and third times, and passed under a suspension of the rules, two thirds of a full council voting in the affirmative. "An ordinance creating the office of pound master, prescribing his duties and fixing his compensation." Read first time, and on motion referred to the ordinance committee. The Mayor nominated Dr. A. H. L. Bibb for the office of city physician. Aldermen Boardman and Wakesenberger were appointed tellers. The ballot being taken, the following was announced as the result: For confirmation, 7; against confirmation, 3; Dr Bibb was declared duly confirmed by the council as city physician, he having received a majority of all the votes cast. The Mayor then nominated the following gentlemen for the position of policemen: A. Denny, John Chenneville, J.R. Johnson, --- Page break --- John Farrell, J. N. Patterson, August Seideman Pat Conley, John Goodman, James Shing, D. B. Withers, Geo. Callan, J. O'Brien, James Nolan, Mr. N. Townsend, J. L. Watts, J. N. La Rew, and — Boyce, stating out of the number nominated but nine were to be se- -lected. Aldermen Boardman and Nahrenberger were appointed tellers. The ballot being taken, the following, was announced as the result: Denny received 8 votes, Chenneville 9, Johnson 8, Patterson 7, Seidemann 8, Withers 10, Watts 8, Farrell 6, Goodman 6, La Rew 6, Shins 5, Conley 4, Cullan 1, O'Brien 1, Nolan 1, Townsend 1 Messrs. Denny, Chenneville, Johnson, Patterson, Seiderman, Withers, and Watts, having received a majority of all the votes cast, were declared confirmed by the council as policemen. Messrs Farrell, Goodman and La Rew having received six votes each, the mayor placed them in nomination for the remaining two policemen. The ballot being taken the following was announced as the result: John Farrell received 8 votes, J. N. La Rew received nine votes, John Goodman received three votes. Messrs Farrel and La Rew having re- ceived a majority of all the votes cast, were declared duly elected by the council. The mayor then nominated W. A. Ryan for the position of public weigher and, on motion, the nomination was unanimously confirmed by acclamation. There being no further business, on motion the council adjourned.