17 Regular Meeting of City Council Austin, January 05, 1880. Mayor De Gress, presiding; roll called. Present - Aldermen Brandman, Coombs, Crooker, Metz, Nalle, Robinson, Reichman, Tobin, and Wahrenberger. Absent, Alderman Sheehan. The minuets of the meeting of December 1, 1879, were read and approved. Petitions of Wm Davidson & Bro, and Jordon and Davidson for retail liquor license. Granted. Petition of H. Lindeman and others, for the erection of a gas lamp on the corner of Walnut and Lavaca streets. Referred to street committee. Petition of J. W. McLaughlin, asking that he be allowed to move the Manning Infirmary, from its present location to the Townsend house in the fourth ward. The yeas and nays being or-dered, the petition was granted by the following vote: Yeas - Aldermen Brandman, Nalle, Robert-son, Reichman, Tobin and Wahrenberger. Nays - Aldermen Coombs, and Crooker. Petition of Fred. Sterzing, assessor and collector, for an appropriation for an assistant. Referred to finance committee. Reports of city marshal, city sexton, and city physician for the month of December, 1879. Read and ordered filed. Report of street committee on the petition of d. Bailetti and others, for the erection of a street lamp, as follows: We respectfully report upon the within pe-tition, and recommend that it be granted. Joseph Nalle Jax Wahrenberger L. W. Crooker Street Committee. On motion the report was adopted. Report of street committee on the petition of Wm. Brueggerhoff, to have the gutters in front of his business block opened and paved, as follows: Austin, January 5th, 1880 To the Honorable Mayor, and the Board of --- Page break --- 18 Aldermen of the City of Austin. The petition of Wm. Brengerhoff, asking to have the gutters on the north side of his business block opened and paved, together with the letter of the city engineer, which was referred to the street committee December 1, 1879, have had our attention, and we respectfully report that articles 6 and 13, section 37, of the city charter authorizes the mayor and city council to levy a special tax for the purpose of making such improvements on the property fronting thereon; pro- vided, a major part of the property owning on competition therefor; but as was not required of the property-owners on Congress Avenue and Pecan street we cannot see the justice of enforcing it in this case, and we would therefore recommend that the paving of the gutters be done at the expense of the city and out of its general revenue; provided, the property-owners, on said street put down the curbing and flag the pavement according to the requirements of the city council in laying, pavements and curbing on Congress Avenue and Pecan street, but not otherwise; and we further recommend that the city engineer be instructed to have the gutters at the expense of the city as fast as the property-owners lay the flagging and curbing. Respectfully Joseph Nalle W. Crooker Jas. Wathenberger Street Committee, Report adopted. Also report of the street committee upon the petition of Rev. H. J. Jackson for a duplicate lease of the ground upon which the A. M. E. Church is located, as follows: Austin, January 3rd 1880 To the Hon, Mayor and Board of Aldermen, City of Austin: The petition of the trustees of the A. M. E. Church, asking a lease of twenty-five years on a certain lot of ground upon which that church building is now situated, which was --- Page break --- 19 referred to the street committee, November 8, 1879, respectfully report and say that we understand the ground on which said building is located was set apart and given to the city of Austin to be used for a specific purpose, and for the city to divert its use would be acting in bad faith to those citizens who may have bought property around and adjoining said ground. We are therefore compelled to report against granting said petition or leasing it for any use, unless the within petition signed by the property holders adjoining to and around said lot of land is first obtained, giving assent to the use of said property for the purpose asked. Respectfully Joseph Nalle L. M. Crooker Jas. Wahrenberger. Street Committee. The mayor called attention to the fact that the block spoken of was set aside for church purposes, and therefore the committee had made a mistake in its report. Alderman Tobin moved that the report be accepted and the petition refused. Carried. Report of street committee upon the petition of John T. Miller and others for street improve-ments, as follows. Austin January 5th 1880 - The petition herein of citizens of ninth ward, asking for improvements on certain streets therein named, which was referred to the street committee November 8, 1879, has received our at-tention, and respectfully report and recommend that an appropriation of two hundred dollars ($200.00/100) be made and the same expended in grading and improving said streets in accord-ance with the prayer of the petitioners. Joseph Nalle James Wahrenberger L. M. Crooker Street Committee Report adopted. --- Page break --- 20 Report of ordinance committee to whome was referred the ordinance creating the office of pound master: The committee, to whome was referred an ordinance creating the office of pound master, beg leave to report that after due consideration it is their opinion that there exists no necessity for its permanent establishment, but recognizing the necessity for a proper person being chosen to fill the position, as circumstances demand, we recommend that the Mayor, by and with the approval of the city council, select such a person, who shall receive for his services the pay of a policeman, subject to article 3rd, section 3, in the city ordinances; providing that the fee of $1. heretofore paid to the city marshal for impounding each animal, shall be, when sold or reclaimed, paid with residue to the city assessor and collector as provided for; and it shall be the duty of said appointed officer to make a monthly report to the city council of the number and kind of animals impounded, the number sold and reclaimed, with name of owners, with expenses incurred and amount of receipts for sales and for reclaiming E. L. Coombs G. L. Boardman N. B. Metz Committee Report received. By the ordinance committee, an ordinance providing for a policeman to act as pound-master Read first time, rules suspended, and read second time. On motion of Alderman Boardman, the fol- lowing amendment was adopted. Amend by inserting, "When not acting as pound master, such person shall act as policeman." Alderman Nalle moved to amend by fix- ing the pound fees for horses, cows, etc at two dollars, and for hogs at one dollar per head; also to offer a reward of twenty five cents each for hogs, and fifty cents each for horses, cows etc. --- Page break --- 21 Amendment adopted and the ordinance read third time and passed under a suspension of the rules, two thirds of a full council voting in the affir-mative. The printing committee submitted a verbal report on the bids for public printing, stating that the public printing had been awarded to the Daily Statesman, on account of the refusal of the lowest bidders to give bond. On Motion, the action of the committee was confirmed by the council. The cemetery committee submitted the fol-lowing report, which was received; Austin Tx, January 5, 1880 To the Hon, Mayor, City of Austin. Your committee on cemetery having given the grounds of the cemetery a careful ex-amination, beg leave to submit to you the fol- -lowing report; 1st We find that in order to protect the graves from washing during a heavy rain fall, and to keep the roads and foot paths in a proper pas-sable condition in the "East Addition," it will be necessary to secure a proper drainage through a ditch, lined either with brick or stone, as may be deemed fit. We would refer you to the annexed report of the city engineer, and respectfully recommend that the sum of Six hundred ($600) dollars, or so much thereof as may be necessary, be appropriated to do the work in a good substantial manner. 2nd Frequently corpses of strangers and paupers, are brought to the cemetery without notice being given to the sexton in time to make preparations for burial. Such corpses are sometime kept above ground in public pathways until the necessary preparations for interment have been made. We would therefore respectfully recommend that a suitable building be erected on the cemetery grounds at such a place as the cemetery committee may de-signate, to receive such corpses until they can be interred, and that the sum of Two hundred ($200) dollars, or so much thereof as may be nece- --- Page break --- 22 -sary to build the same in a good workmanlike manner, be appropriated. (2) In order to keep the shrubbery alive during the dry summer months, and to be able to further beautify our city cemetery, we think it becomes necessary to lead water pipes through the ceme-tery grounds. We would refer this to the annexed proposition made by the city water company, and recommend that it be accepted. (3) Complaints have been made as to exorbitant price of single graves for children. As the sex-ton can conveniently place thirty (30) childrens graves in the same sized lot that (15) graves of adults occupy, we would respectfully recommend that the price of place for a single grave for a child, under ten (10) years of age, be reduced from five dollars ($5) to the sum of three dollars ($3). We herewith submit ordinances to carry out the re-commendations as made in this report. Respectfully submitted, Jas. Wahrsenberger Mety Reichman Committee on cemetery Office of City Engineer Austin, Tx, December 23, 1879. Hon. Jas. Wahrsenberger, Chairman Cemetery Committee Sir: I find upon examination of the cemetery grounds, the following work necessary to be done. (1) You will need a ditch 450 feet long to drain the grounds and save the graves from wash-ing. The ditch will average about 2-2 feet deep and contain two hundred cubic yards of dirt, which have to be removed. (2) I would also recommend that the ditch be laid and walled with brick. For this it will take 23,000 brick. (3) There should also be built a rock wall on the upper line of the grounds. (this wall, could form a part of the fence) built in such a man-ner as to connect the water coming down the ravine into the mouth of the ditch. --- Page break --- 23 Very respectfully, your obedient servant. L. M. Dinkins City engineer. Office of City Water Company. Austin, Tx, January 5, 1880 Mr. Wahsenberger. Dear Sir: — We will lay 1 1/2 inch pipe from our main on East Avenue to the inside of fourth street in the cemetery, and then branch off with one inch pipe and erect six or eight small hydrants with patent self closing bibbs. It will require to say about 1500 feet of 1 1/2 and one inch pipe - however, whatever of the above pipe is required, with specials and bibbs, we will put in at cost, the city to advance the said amount, and the water company will give receipt for the same, at the rate of $150 per annum. Respectfully W. D. Master, Pres't. By the cemetery committee, the following or-dinance: An ordinance appropriating the sum of eight hundred dollars ($800) for the drainage of the city cemetery, and also to build a log house therein. Read first time, and on motion, the rules were suspended and the ordinance placed upon its second reading by the following vote: Yeas: Aldermen Boardman, Coombs, Crooker, Metz, Reichman, Tobin, and Wahsenberger. Nays: Aldermen Nalle and Robertson. 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 Boardman, Coombs, Crooker, Metz, Reichman, Tobin, and Wahsenberger. Nays: Aldermen Nalle and Robertson. Ordinance read third time, and on motion passed by the following vote: Yeas: Aldermen Boardman, Coombs, Crooker, Metz, Reichman, Tobin, and Wahsenberger. Nays: Aldermen Nalle and Robertson. The cemetery committee also sub- --- Page break --- 24 An ordinance to amend article 80 of the re-vised ordinances of the city of Austin. Ordinance read first time, and upon motion, the rules were suspended and the ordinance placed on its second reading by the following vote: Yeas. - Aldermen Boardman, Coombs, Crooker, Metz, Nalle, Robertson, Reichman, Tobin and Frankenburger. 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 Boardman, Coombs, Crooker, Metz, Nalle, Robertson, Reichman, Tobin and Frankenburger. Ordinance read third time, and on motion pass-ed by the following vote: Yeas: - Aldermen Boardman, Coombs, Crooker, Metz, Nalle, Robertson, Reichman, Tobin and Frankenburger. An ordinance authorizing the mayor and committee on cemetery to contract with the city water company for six (6) hydrants and the laying of the required pipe thereto in the city cemetery. Read first time. Alderman Tobin moved to suspend the rules to place the ordinance upon its second reading. Motion lost. An ordinance for the relief of persons whose proper-ty has been sold for taxes and bid in by the city. Read first, second and third times, and passed under a suspension of the rules, two-thirds of a full council voting in the affirmative. Alderman Reichman introduced the following re-solution, which, on motion, was adopted. Be it resolved by the City Council of the city of Austin, That the city engineer is hereby requested to make three maps of the city of Austin showing all fire hydrants, size of water pipes leading to such hydrants and other information of any value to the fire department, and that one of said maps be placed in the room of the Colorado Engine Company No. 2, and one in the room of Washington Engine Co. No. 1, and the third to be placed in the city hall. --- Page break --- 25 An Ordinance to appropriate twenty-five dollars to pay for the one-half lot in the city-cemetery on which Eugene Spears was interred. Read first time, and on motion the rules were suspended and the ordinance placed upon its second reading, by the following vote: Yeas. - Aldermen Boardman, Coombs, Crooker, Nalle, Robertson, Reichman, Tobin and Wahremberger. The ordinance was read the second time, and on motion the rules were further suspended and the ordinance placed upon its third reading by the following vote: Yeas:- Aldermen Boardman, Coombs, Crooker, Nalle, Robertson, Reichman, Tobin and Wahremberger. The ordinance was read third time, and on motion was passed by the following vote: Yeas - Aldermen Boardman, Coombs, Crooker, Nalle, Robertson, Reichman, Tobin, and Wahremberger. His honor, the Mayor, presented the following ordi-nance, and asked that action on the same be deferred until the next meeting of the council. An ordinance providing for the issuance and sale of bonds for the purpose of retiring the outstand-ing bonds of the city of Austin, and to provide the mode and manner of the sale of said bonds. Section 1. Be it ordained by the City Council of the City of Austin, That the Mayor be and is hereby authorized and directed to have engraved the bonds of the city to the amount of eighty-thousand dol-lars. Section 2. That said bonds shall be of one class, to wit: to be bonds of the denomination of five hundred dollars, payable in legal money of the United States, twenty-five years from the first day of July, A. D. 1880, to the bearer thereof, and shall bear interest at the rate of six per centum per annum payable semi-annually on the first day of January and on the first day of July of each year, and shall have attached coupons for each installment of interest to become due thereon. Provided, that the city may call in and pay off said bonds ten years after their issuance, or any time thereafter at her pleasure. Section 3. That the bonds issued under this --- Page break --- 26 ordinance shall be engraved on the best quality of bank note paper of convenient size and shape; said bonds and coupons shall be signed by the Mayor & countersigned by the city clerk, and shall be entered in a book of record to be kept in the city clerks office for that purpose; in which each bond shall be registered with its number and amount; and they shall be sold under the direction of the Mayor or such agent or agents as he may deem necessary, but no such agent shall receive more than such per centage as the city council may hereafter determine on the amount sold by him for making such sale. Section 4. That the proceeds of said eighty thousand dollars of bonds shall be applied exclu-sively to the payment and retirement of the bonds of the city of Austin due January 1st 1894 and January 1st 1895, and the Mayor shall be vested with the authority to carry into operation the provisions and intentions of this ordinance in such manner and upon such plans as he may deem proper and for the best interest of the city. Section 5. That the mayor, treasurer and city clerk, as a board, shall be authorized and required, to cancel and destroy all bonds redeemed under this ordinance, and shall keep a duplicate list of the bonds and coupons destroyed, stating the number and amount of each bond and coupon so destroyed, (stating the number and amount of each bond) and sign the same; and one copy thereof shall be deposited in the office of the treasurer, and one in the office of the city clerk. Section 6. That the mayor is hereby authorized and directed to give thirty days notice in two newspapers, published in the city of New York, in the State of New York; and in one published in this city, that he will receive sealed proposals for the purchase, from the lowest bidder, of such amount of bonds of the city as the funds arising from the sale of bonds issued under this ordinance shall enable him to purchase; and the Mayor act-ing in conjunction with the finance committee of the city council is authorized to accept such proposals as they may deem advantageous to --- Page break --- 27 the city, binding such party to convey such bonds upon the city complying with the terms of the proposal; and the mayor is further authorized to ex- change any of the bonds provided for under this ordinance for any bonds due January 1st 1894 and January 1st 1895, after having made a contract as required in this section, upon such terms as he may deem advantageous to the city. Section 7. The bonds to be issued under this ordinance shall be in in numbers and amounts as follows: For the sum of Five hundred dollars ($500.) There shall be engraved bonds to the amount of eighty thousand dollars. The princi pal and interest of said bonds shall be payable in the city of New-York, State of New-York, through such agent or agents, as the mayor may select, or at the treasury of this city, at the option of the holder. Section 8. That the sum of one-thousand dollars or so much thereof as may be deemed necessary, is hereby appropriated to pay the expense of engraving and printing the bonds provided for by this ordinance, for publishing notices, paying travelling expenses and carrying out the provisions of this ordinance. Section 9. That after the 1st day of July 1885, there shall be set aside one-half of one per centum of the amount of bonds then outstanding an- nually, as a sinking fund, and nothing so set aside shall be used for any other purpose except for the redemption of said bonds. Section 10. That this ordinance shall be in force and take effect from and after its passage. Ordinance read first time and laid over. A resolution appropriating two hundred dollars ($200.) for improvements on streets in the ninth ward of the city of Austin. 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 Boardman, Coombs, Lowther, Nalle Robertson, Reichman, John and Wahrenberger. Resolution read second time and on motion, the --- Page break --- 28 rules were further suspended and the resolution placed on its third reading, by the following vote. Yeas — Aldermen Boardman, Coombs, Crooker Nalle, Robertson, Reichman, Tobin, Fahrenberger Resolution read third time and on motion, passed by the following vote: Yeas — Aldermen Boardman, Coombs, Crooker, Nalle, Robertson, Reichman, Tobin & Fahrenberger Alderman Robertson, introduced the following ordinance Be it ordained by the City Council of the City of Austin, That article 29 of the ordinances of the said city, passed June 21, 1878, be, and the same is hereby repealed. Read first time. Alderman Crooker moved a call of the council The call being sustained by three members, the marshal was dispatched for the absentees. Pending the call, the mayor nominated John Goodman for the position of policeman, vice J. W. Patterson, resigned. Aldermen Crooker & Fahrenberger were appointed tellers. The ballot being taken, the following was announc ed as the result: For confirmation, 6 votes, against confirmation, 2 votes. The mayor then placed in nomination for the position of policeman, vice A. Tiedemann resigned the following named gentlemen; Messrs. Leonard, Sims, O'Brien, Conley, Boyce, Laycock, and La France. Upon the fourth ballot Mr Leonard was confirmed. Mr H. Thompson was next placed in nomination for the position of policeman and pound master, and the nomination was confirmed. On motion, the call of the council was suspended and the consideration of the ordinance introduced by Alderman Robertson to repeal article 29 of the revised ordinances was resumed. Alderman Crooker moved to lay the ordinance on the table. The yeas and nays were called with the following result: Yeas — Aldermen Boardman, Crooker, Coombs and Nalle. --- Page break --- 29 Nays: - Aldermen Dobertson, Richman, John and Fahsenberger. There being a tie vote the mayor cast his vote in the affirmative and the ordinance was laid on the table. Alderman Nalle, moved, that any alderman who did not desire to receive any pay for his services, be permitted to donate the same to the city. Carried. Alderman Robertson, also introduced an ordinance to amend article 694 of the revised ordinances, which was read the first time, and on motion was referred to the ordinance committee. A Resolution appropriating $50 for the purchase of police equipments and Blankets for the city prisoners. Read first time, and on motion the rules were suspended, and the resolution placed upon its second reading, by the following vote: Yeas: - Aldermen Boardman, Coombs, Corrothers, Nalle, Robertson, Richman, John and Fahsenberger. Resolution read second time and, on motion the rules were further suspended, and the resolution placed upon its third reading by the following vote: Yeas: - Aldermen Boardman, Coombs, Corrothers, Nalle, Robertson, Richman, John and Fahsenberger. Resolution read third time and, on motion, passed by the following vote: Yeas: - Aldermen Boardman, Coombs, Corrothers, Nalle, Robertson, Richman, John, and Fahsenberger. There being no further business, on motion, the council adjourned. Approved Feb 2/80 City Clerk.