154 Regular Meeting - Austin, Texas December 06, 1880 - Mayor J. W. Cocker presiding - Roll called. Present - Aldermen Boardman, Netz, Walle, Platt, Reichman, and Thomson. Absent - Aldermen Duff, Robertson, Shahan and Tobin. Quorum present. Minutes regular meeting November 1st are read and approved. Aldermen Duff and Robertson took their seats and answered to their name. The Mayor stated that there being a vacancy by the resignation of Marshal Crosby, he wanted to order an election to take place Friday, December 17th 1885, for city marshal, naming place for holding said election, and judges of same, provided The same was satisfactory to the Council. There being no objection, the election was so ordered. Petition of G. F. Kreiselburg President of The Austin, Texas Turn-Verein Association, asking that They be relieved of their Taxes due the City for 1885. Alderman Platt moved to lay on the Table. Carried. Alderman Tobin appeared and answered To his name. Petition of O Shubuck & Jan Gordon and John Rooney, to open [illegible] some with sand granted. Petition of Barney Hood, Lucksinger & Commander, P. G. Stroud, and H. G. Williams To open outside meat market. Granted. Petition of Officer Pat Conley to have fine refunded that had been assessed against him by police committee. Alderman Reichman moved to lay on The table. Carried. Petition of Daniel Phillips and John Springer, asking they be relieved of paying back taxes for 1884, claiming they had paid same, but receipt hath been lost. Alderman Walle moved they pay and other. --- Page break --- 155 Circular petition be referred to a special Committee of Three. Carried. The Mayor appointed on said committee Alderman Boardman, Platt and Hakenberger. Petition of Barnes & Raymond asking permission to build a grocery or warn house on the north side of Pecan Street and make raised a point of order stating the council had no jurisdiction on the matter. Point of order sustained. Petition of citizens asking that side walk be placed on the south side of Bois D' Arc street between Brazos street and Congress Avenue. Alderman Platt moved to refer to street committee. Carried. Bill of Dr. M. L. Taylor for $14 for excavating 70 cubic feet of earth foot of Avenue November 18th 1878. Alderman Robertson moved to refer to street committee. Carried. Petition from Austin Fire Department asking that Colorado Engine No 2 be not sold. Alderman Platt stated that it looked as if the insurance companies were trying to bulldoze the City Council and he and Alderman Robertson said that while they had no desire to injure any one, still in making their report they had done so as they thought for the best interests of the City. Alderman Tobin moved that the communication be filed. Carried. Bill of Ed Cleary for $15 for storage of self-acting fire extinguisher for eight months. Alderman Reichman stated the circumstances under which the engine was placed in the hands of Captain Cleary, and thought he had no right to charge for storage. Alderman Tobin thought he should be paid some thing. Alderman Platt moved to lay on the --- Page break --- 156 Table. Carried. Bill of William Smith for $5 for stove room for holding election September 2d 1885. Alderman Tobin moved to allow $3. Alderman Robistion moved to lay motion of Alderman Tobin on table. Lost. Alderman Robistion moved that The room being taken without any previous arrangement with Mr Smith That he be allowed $15. Carried. Petition of E Creary asking that fine assessed against William Crowden and which he E Creary had paid to city collection be refunded to him, as the said Crowden had been taken from his custody by the sheriff of Knox county. Alderman Platt moved to lay on the Table. Carried. The report of the city marshal for November 1880, showed the fine in the mayor’s court to be $485: Cash $250.50: work on streets $234.50. Read and ordered filed. The report of the city sexton showing The number of deaths for November, 1880. To be 14. Read and ordered filed. Report of The pound master for November 1880, accepts 89 disbursements 84 turned over to collection 86. Read and ordered filed. Alderman Platt chairman of The street committee reported That petitions That had been turned over to The street committee and city engineer at the last meeting of the city council had received their attention and The work had been done. Alderman Fahrenburger, chairman of The cemetery committee reported that The have been offered for the use of The cemetery, an ant killing apparatus, for $20 Alderman Boardman moved to refer to the cemetery committee with power --- Page break --- 157 to act. Alderman Hahremburger reported at once favorably on the purchase of the same as it was needed in the cemetery and that the city auditor had expressed a willingness and desire to effect it the resolution appropriating $325 for the purchase of an acre block Resolution was read first time. Alderman Reichman moved the Rules be suspended and the resolution be placed on its second reading. Carried by the following vote: Yeas - Alderman Brademan, Duff, Metz, Valle, Robertson, Reichman, Tobin and Hahremburger. Nays - Alderman Plath. Resolution read second time. Alderman Robertson moved to amend that the appraisal should be furnished provided the owner would guarantee perfect satisfaction. Alderman Tobin moved to lay the motion on the Table. Carried. On motion the rules were further suspended and the resolution placed on its third reading, and passed by the following vote, two-thirds of the council voting in the affirmative: Yeas - Aldermen Brademan, Duff, Metz, Valle, Reichman, Tobin and Hahremburger. Nays - Alderman Plath and Robertson. The following communications were read, referred and ordered filed. City Marshall Office Austin Tex. December 3rd 1880 To the Honorable Mayor and Board of Aldermen of the City of Austin: Gentlemen - My election and qualification as Sheriff of Travis County vacates a vacancy and the same is hereby my designation as Marshal of the --- Page break --- 158 City of Boston. I am sorry that circumstances make this Government which has existed for years past. There are aroused feelings of widespread and heartfelt regret at The fact that my resignation will Take place. I hereby vacate to them The kindliest and most generous treatment Courtesy and most generous forbearance. This is not meant claiming infallibility and above all The fact That I have committed Many errors. These I acknowledge Conscious of the sacredness of my intentions and hereby beg to make my sincerest Acknowledgements and also to express my heartiest appreciations of The community That has Thrice honored me beyond any doubts. This commission and the board, In November my co.existers in the City Government and especially with That department with which I have been most intimately associated "The Police" is it but right that I should say To you and them That none are more could have been more faithful to the Veneration of official obligation, while From each and all I have been the recipient of tokens of respect and confidence and to challenge my administration and command my lasting gratitude. Leaving now painful as oftentimes as That has been To me That due execution of The law gave and their kindness had tended to Smooth The angles, and smooth the reference of my official career. These recollections will ever be cherished with The most pleasurable emotions as They will ever impel me in The new Sphere of duty upon which I am about to enter, To co-operate with The proper rather than in maintaining The public order. --- Page break --- 159 peace and dignity of this community. looking for your own peace and manifestation is not all whom I have been associated for prosperity success and happiness. I am Very respectfully Truly yours Ed. Creasy Mayor's Office Austin Texas December 6th 1888 Captain Ed Creasy Austin Texas: Dear Sir – Your letter of the 3d inst tendering me your resignation as doing accorded and the resignation is hereby accepted. In parting with you let me say that I do it with a twofold regret, first because of the kindred intercourse that has always existed between us, and secondly because I recognize the fact that the administration of the city government loses on account of the dissolution of the official relations between you and us an officer who has been faithful and able in the discharge of duty and who justly enjoys the confidence of the entire community. We congratulate ourselves however, that in the extended sphere of usefulness to which you have been called your services will not be lost to us and that we will still have the benefit of your experience and ability in maintaining a proper police of the city. Wishing for your continued success in the official career upon which you have just entered, and fully reciprocating the expressions of personal regard contained in your letter I am Sir Respectfully and truly yours L. M. Crooker, Mayor. The following resolutions were read and laid to table. --- Page break --- 160 Hon. Captain Ed. Creary late city Marshal has tendered his resignation to accept the position of Sheriff of Travis county to which office he had been elected; and for which he had qualified; and Whereas we would pay something more than a passing tribute to his official life and official acts, his worth as a man; Therefore be it Resolved By the city council of the city of Austin That Capt. Ed. Creary who do as we do express our ordinary regret. Resolved that after courteous and polite he carried with him the best wishes as he has impressed the high personal regard of each of those with whom he has been officially associated. Resolved that we hereby bear cheerful testimony to his fidelity as an officer and in regretting the find constitution which he has become Sheriff. Resolved as a further token of our esteem and regard that a copy of these resolutions be spread upon the minutes of this council and another furnished to him by the city clerk; under the seal of the city of Austin, and that his Honor the Mayor be requested to sign the same. and the Mayor stated that there being a vacancy for Market and Health inspector placed in nomination the following named gentlemen: W. P. Hulbert Hon. Shive D. B. Hyther, W. W. Archer, F. L. Gauss, L. H. LeRue, A. C. Benehner H. C. Brown, John Ferrell and F. Leidman J. Leidman, Valle Bosman and Duly was appointed tellers. The ballot being taken the following was declared the result. Hulbert 4. --- Page break --- 161 La Cure 1 Brown 2 Shreder 1 Lederman 1 There being no choice a second ballot was ordered with the following result: Withen 7, Brown 3, Shreder 4, Lederman 1 There being no choice another ballot was ordered. Alderman Rolle moved that the candidate receiving the lowest vote be dropped. Carried. Third ballot - Withen 3, Brown 4 Shreder 2, Lederman 1. No choice – Fourth ballot – Withen 4, Brown 2 Shreder 1, Lederman 2. Mr Shreder was dropped. Fifth ballot - Withen 4, Brown 5, Mr Brown having secured majority of votes cast was declared duly confirmed. The mayor announced that L. B. Dorman and E. L. Hobbeth having resigned their positions on the police force, occasioning nominations to be made now to L. Hattie to fill said vacancies. Alderman Wise moved that L. B. Dorman be elected by acclamation. Carried. The following communications were read and ordered filed: City Marshalls Office Austin Texas Nov 13th 1885. Hon L. M. Crocker Mayor of Austin: Sir - If your instructions to me will Mr. S. Parker Lell-acting chief at public auction for the relief of being knocked off for Radcliff Platt - for 8.75 $ which amount has been deposited with the City assessor and collector I am very respectfully (Sd) Fred Creason City Marshal City Marshalls Office Austin Texas Dec 4th 1885. Hon L. M. Crocker Mayor of the city of Austin And Board of Aldermen - --- Page break --- 162 Gentlemen – In returning from the office of City marshal, I deem it proper in behalf of the police officers to make the following statement. The expenses of the police force for the past three years preceding Oct 25th 1880 amounted to $18,729, showing an excess of income of $650,40 over and above the expenses of the force incurred within That time. H While there is no requirement of law demanding a detailed statement from the city marshal still it would have been my pleasure to have made one to the Council but for the fact that less than two months since the books of all the city offices were thoroughly examined and found correct & the police depart= ment by a committee of Council appointed for that purpose and they all found to be correct. This statement is made partly for the purpose of showing that the force has cost no more than will sustain themselves. I am gentlemen very respectfully Ed Creasey, City Marshal. An ordinance providing for the sale of all real estate sold by the Assessor and collector of taxes at tax sale the owner of which have not redeemed the same within the time by law ordinance. Ordinance read first time. Alderman Halle moved to refer to ordinance committee and city attorney. Carried. Alderman Platt asked for a report from the committee that was appointed to examine the books of the city government. Alderman Tobin stated that the report was ready but had been waiting for the Chairman to meet with the other members of the committee so as to be able to --- Page break --- make report in full be had at the next meeting of the council. An ordinance authorising and in- structing the city assessor and collector to cancel all delinquent taxes on lands assessed prior to 1893. Ordinance read first time. Alderman Reichman moved that the rules be suspended and an ordinance be placed on its second reading. Carried by the following vote; Yeas – Aldermen Boardman, Duff, Giff, Nalle, Platt, Robison, Reichman [illegible] and Wahrnberger. Nays – none. Ordinance read second time. On motion the rules were further suspended and the ordinance placed on its third reading and passed by the following vote; For which the a full council voting in the affirmative: Yeas – Aldermen Boardman, Duff, Giff, Nalle, Platt, Robison, Reichman and Wahrnberger. Nays – Alderman Nalle. An ordinance for the relief of persons whose real estate and property had been sold for taxes and bought in for the city of Austin. Ordinance read first time! On motion of alderman Nalle the rules were suspended and the ordinance placed on its second and third readings and passed by the following vote; For which a full council voting in the affirmative. Yeas – Aldermen Boardman, Duff, Giff, Nalle, Platt, Robison, Reichman [illegible] and Wahrnberger. Nays – none. --- Page break --- 164 An ordinance granting The United States government the right to construct a sewer in The City of Austin was read first time. Alderman Walle moved That it be referred to The board of health. Carried. The following communication was read and received: Austin Dec 1st 1885 To The Hon. Mayor and Board of Aldermen City of Austin. Gentlemen: Your petitioners would respectfully set forth That two years ago The City of Austin purchased a Hook and Ladder truck for The Austin Hook and Ladder Company No 3. for The sum of $1900. The City paying $1500. and The said Company assuming The payment of $400. The Company has paid all but $60. which is now unpaid and overdue, and as The Hook and Ladder Company at present is in no financial condition to meet this payment we respectfully petition your honorable body To take an appropriation To satisfy The claim Which Mr. B. D. Fitch holds against our Company and The truck you purchased of him Respectfully A Thompson Foreman B. H. & L. Co No 3 – The your committee on fire department recommend That The appropriation as above be passed. Truly Rischman Geo. L. Robertson H. H. Gaff Fire Committee. An ordinance appropriating The sum of $60. to pay ballance due on The Hook & L. Co No 3. ordinance read first time. --- Page break --- One motion of Alderman Prakenburger, The rules were suspended and the Ordinance placed on its second and third readings and passed by the following vote for third of a full council voting in the affirmative: Yeas – Aldermen Boardman, Duff, Metz, Halle, Platt, Robison, Reichman, Lubin and Wakensurger. Nays – None. The following report from the fire committee was read and received: Austin Nov. 1st 1880. Hon L M Crocker, Mayor of the City of Austin: Dear Sir – Your Committee on fire department, to whom was referred the matter of building a truck house for Hook & Ladder Company No 2. Beg to recommend the erection of a brick house in the public square on the west side of the city. to provide for its doing the city would find a permanent investment of about $1000 accommune the payment of $20 per month rent of building now occupied by said company. And also the rent of the open house meeting room on Pecan street. Respectfully – Fritz Reichman, H. S. Duff. Committee. An ordinance appropriating $1000 to build a truck house for Hook & Ladder Company No 2. Ordinance read first time on the motion of Alderman Halle the rules were suspended and the ordin nance placed on its second and third readings and passed by the following votes for third of a full council voting in the affirmative: Yeas – Aldermen Boardman, Duff, Metz, Halle, Platt, Robison, Reichman, Lubin and Wakensurger. --- Page break --- 166 Page - The Mayor stated that some action should be taken in reference to feeding the City Prisoners. Alderman Platt moved that the City Attorney be instructed to draw up a resolution authorising the Mayor to offer for bids both for feeding the City prisoners and City work horse Said resolution was read and carried. Alderman Tobin moved to reconsider the action of the Austin Resolution as he was not present when action was taken. Lost. Alderman Robertson stated that no action was taken on his resolution in reference to the Smith case, that what he really intended and therefore moved a reconsideration of the same. Carried Alderman Boardman moved to amend S. S. instead of S.S. Alderman Tobin called for the yeas and nays. The vote being called The vote stood Yeas - Alderman Boardman, Duff Mitg, Valle, Platt, Robertson and Richman - Nays - Alderman Tobin and Dohrenberge Carried - Alderman Dohrenberger moved to adjourn. Lost - Alderman Mitg moved that all warmers be excused from fines assessed against them for the last quarter. carried. Alderman Boardman moved to adjourn - Carried - E. B. Connell. City Clerk.