141 Regular Meeting of October 04, 1880 Mayor L. M. Crooks presiding – Roll Called. Present: Aldermen Boardman. Duff, Netz, Nalls, Platt, Robertson, Dunham Wahrminger. Absent Aldermen. Richman & Gobin – Minutes of Called Meeting Sept. 14th 1850. read and approved. Petition of Chas. Ratric to open a narrow in the Second Ward. – Granted. Petition of citizens asking that the sidewalk in the south side of Block 101 be placed in repair – Referred to Street Committee Petition of H.S. Williams to open an outside Meat Market – Granted. Petition of F. O. Goodale & J. Trideman to light the oil Street lamps of the City referred to Street Committee Petition of citizens asking that the grade of the Street be established when the alley between Block 69 between Augusta Avenue and Brazos Street – Aldurman Platt moved that an appropria of $20.00 be made for that purpose. Aldurman Nalls moved to amend by striking out twenty and inserting $25.00. Carried Resolution appropriating two hundred and fifty dollars for the purpose of opening a water-way across East- Pecan Street – Resolution read first time and on motion of Aldurman Platt the resolution was taken up to second & third readings and passed by the following vote – Yeas. Aldurman Boardman, Duff, Netz- Nalls, Platt. Robertson, Dunham Wahrminger. Nays. None – Petition of citizens asking that permission be granted A. Levin & Morris Hano to weigh & Store cotton at the corner of East-Pecan & Trinity Streets – --- Page break --- 142 Alderman Platt moved that the petition be granted, and that the City Attorney be instructed to draw up an Ordinance, repealing Act 215 in reference to the Storing of Cotton. Carried. An Ordinance repealing Ordinance, entitled an Ordinance to amend article 215 of the Revised Ordinances of the City of Austin passed December 4th 1879. Ordinance read first time and on motion of Alderman Platt the Ordinance was placed on its second and third readings and passed by the following vote (two thirds of a full Council voting in the affirmative) – Yeas – Aldermen, Boardman Buff, Metz, Nalle, Platt, Robertson, Shanhan Wahrmundsen – Nays – None Petitions of D.W. Bell & Illusion Rose to open Variety shows on East Pecan Street were read. Alderman Platt moved that the petitions be granted. Lost. On motion of Alderman Nalle the City Atty was instructed to draw up the following Ordinance. viz: An Ordinance appropriating $500.00 for eachward, except the Ninth to have $750.00 for the purpose of improving the streets of said Wards. Ordinance read first time and on motion of Alderman Boardman the rules were suspended and the Ordinance placed on its second and third readings and passed by the following vote (two thirds of a full Council voting in the affirmative) Yeas Alderman – Boardman, Buff, Metz, Nalle Platt, Robertson, Shanhan & Wahrmundsen – Nays – None – The Report of the City Marshal for the month of September 1880, showing fines in the Mayor's Court $440.00 Cash $219.00 Turned out on the streets $221.00 Road [illegible] Report of Pound Master for September 1880 Receipts $58.50 Disbursements $21.70 Amount turned --- Page break --- 143 om to Roarson, Stullwater &c- - was mad & ordered filed. The following report from a Special Committe appointed - was mad and on motion of Alderman Nalle - adopted. Austin: Texas Oct- 4th 1880- Hon S.M. Grooms Mayor of the City of Austin and ex officio President of the CouncilYour Special Committee to whom was referred the matter of Erwin vs. Tridamon, City of Austin, garnish, beg leave to submit the following report. & Upon consultation with Ed. John Gaz. City Atty., and another member of the legal profession of this City, as a advantage from this advice we adopted the following Course and recommend it to the approval of the Council, to wit;- To authorize the issuing out of a writ of Certiorari that the matter in Controversy might be taken up to the County Court. Our information was that whether or not the writ would be granted was a matter involved in doubt, but the doubt has since been solved, as his Honor Judge Smith has granted the writ and the matter has been transferred to the County Court and is there pending, and awaiting a final disposition thereof on the this 4 Found on 8 of November next. So that we have a day in, with a prospect at least of having a rehearing and argument upon a rehearing of the Case It has appeared your Committee that the opinion of some most members of your bar is that the writ may be dismissed, but that is a question to be determined by the Court and cannot be known until Judicially ascertainedInasmuch, therefore, as we are again in Court with a possibility, if it be no more, of getting a hearing on demand that the case be " further represented – Respectfully submitted Radcliff. Platt. Chairman" --- Page break --- 144 The accompanying reports now read & received and on motion of Alderman Salle, the City Clerk was instructed to furnish the each Alderman a copy. To the Hon. Mayor & Board of Aldermen of the City of Houston. Sirs – 1. Your committee to whom was referred the subject to the City Engineer’s office and suggest such reduction in the expenses of the City government as is considered advisable by you & to report the following & recommend 1. That the office of Day Clerk of the Police Court of the City be abolished and that its duties form part of and be performed by the City Clerk. 2. An investigation of the topography of the City and the rough and irregular condition of the streets, affecting the rapid movement of the steam fire Engines to other parts of the City where the business portion is ease of fire, and the ample provision thereof in these parts by the water company through its hydrants as a means of extinguishing and the fact that they have been nearly useless to the City for the last few years, etc. The Committee do recommend that Colorado Steam Fire Engine No. 2 be sold, 3. That proposals for bids be made by the City for the purpose of furnishing the City prisoners all to much per diem or meal, and that this same be made by publication in the usual form to the lowest bidder. 4. That the duties of the City Engineer being of such a light and comparatively nominal character the committee would recommend the reduction of the salary of said officer. And would further suggest that having other measures under consideration, the Committee be granted further time to report. G. J. Brauchman Geo. L. Robertson W. B. Metz Committee --- Page break --- 145 To the Honorable Mayor & Board of Aldermen of the City of Austin Dirs"Your Committee to whom was referred the re- solution on the expenses of the City Government, beg leave to report the following: that the office of day clerk of the Police force be abolished and the duties be performed by the City Clerk. In consideration of the fact that ample provision by the water company through its employees as a means of extinguishment, and the fact that they have been nearly useless to the City for the last five years, therefore we do recommend that Colorado Fire Engine No 2 be sold. That the funding of the City Prisoners and horses be let at so much per day to the lowest bidder The Committee would recommend the reduction of the salary of the City Engineer to ten dollars per month. That the ordinance creating the office of deputy Collector be repealed. R. Platt - Alderman Robertson moved that the Committee on retrenchment report be discharged. Carried. The following resolution offered by Alderman Platt, was at motion of Alderman Wohnbrugen laid on the tableBe it resolved, by the City Council of the City of Austin - That it shall be the duty of the disbursing officers of the City hereafter to take from all officers, employees or other persons to whom money is paid a receipted voucher, which voucher shall show the amount paid and for what services performed; and if any money is disbursed for charitable purposes that said voucher, shall show the names of the Charity. That the City Clerk shall have published at the end of each quarter, in the City paper, for one week an itemized account of all expenditures for the preceding quarter. "The following report of the City Attorney on the petition of C. U. Worthington was made --- Page break --- and mine of Alderman Patt the City Atty was authorized to proceed, Austin Tex Oct. 4/80 To the Hon. Mayor & Board of Alderman of the City of Austin – Gentlemen – The petition of Chas. H. Worthington which was referred to me at the last regular meeting of the City Council, has been duly considered, and I beg leave to report that the facts therein set forth are substantially true & correct. In order to remedy the wrong complained of it is not necessary to pass an ordinance as the present Ordinances of the City as they now stand, will cover the case. It is only for your Honorable to say whether or not I must proceed. Respectfully C. D. Johns City Atty. The Ordinance repealing an Ordinance entitled an Ordinance regulating the meetings of the Committee of the City Council and prescribing penalties for non attendance and passed April 5th 1880. Ordinance read first time. Alderman Platt moved to lay on the table – Carried. The Mayor presented the following to the Council which was read, received and on motion of Alderman Shabern– Adopted. City Clerks office Austin Tx Oct 2/1880 Hon. S. W. Croochin. Mayor of Austin. Sir – I hereby tender my resignation as City Clerk of the City of Austin, said resignation to take effect Monday Oct 6/80 and wish to tender to you and Board of Alderman my sincere thanks for the uniform kindness and courtesy which each to me during the time of my incumbency, In the words of Rip Van winkk : May you live long and prosper Very Respectf – for Obt. Sert S. M. Bradley City Clerk. --- Page break --- 147 Austin Texas Oct. 4/80 Mr. L. M. Bradley Sir – Your letter of the 2nd inst. concerning your resignation as City Clerk of the City of Austin has been received. In accepting it allow me to say that I do so with both reluctance and regret. In those among whom your lot in this section may be cast I most heartily commend you as I earnestly trust success may ever attend you Yours, L. M. Croesus Mayor of Austin Texas - Whereas, L. M. Bradley, has, by resignation, severed his connection with the City Council of the City of Austin of which he has been for nearly three years Clerk; therefore be it. Resolved! That in parting with Mr. Bradley, in do so with feelings of regret and that in later this method of framing an testimony to his uniform courtesy as a gentleman and to his fidelity and efficiency as an officer. Resolved! That after a thorough investigation by experts appointed for the purpose, examining the books of his office for and during the term of his service above specified the same have been found in all respects to be correct vouchers being in hand for each and every disbursement. Resolved, that a certified copy of these resolutions, signed by his Honor the Mayor, be furnished by the City Clerk to Mr. Bradley under the seal of the City of AustinThe Mayor stated the resignation of Mr. L. M. Bradley, City Clerk had been received and a vacancy was existing, presented the following names to be voted upon to fill said vacancy; W. C. Denny, Z. L. Skill L. L. Lindsay & C. B. Connell. Aldermen Nalle, Platt & Robertson, moved appointed allro. Alderman Robertson moved that the Council go into executive --- Page break --- 148 session — Carried - The Council retired and upon returning to their seats, Cast their votes, by ballot standing Swill 1 - Sunny 1. Sinday 2. Cornell 4. Them their being no choice a second ballot was ordered with the following result. Sonday 2. Cornell. 6. was elected and duly elected Mr. Cornell a majority of the votes of a full Council. The Mayor then announced the changes in the different Committees for the remainder of the present administration. Mov. W. E. Sunny on Sec. For W. Ferls employed by the Finance Committee to examine into the books and records of the City during the administration of Hon. J. C. Salter. made his report, and, on motion of Alderman Fails final action was deferred. A motion to reconsider the resolution Complimentary to Mr. Bradley was Carried On Motion the Council adjourned Approved November 1st 1880 O. B. Cornell City Clerk