277 Regular Meeting of the City Council Austin Tex March 19, 1883. Hon W B Saylor Mayor Presiding Roll call present Aldermen Metz Kieney Lawrance Schuber Bruggerhoff Kupertz Moren Platt & Wilson absent Alderman Radkey A fine of one dollar was entered against alderman Radkey for non attendance at this meeting. The Minutes of the Council Meetings of Feb 7, 1874 and March 6 & 10, 1883 read and approved. On motion of Alderman Platt Aldermen Kuppertz & Schuber were excused from fine entered against them for non attendance at former Council meeting on account of business from the City and sickness Alderman Bruggerhoff offered a petition of tax payers of the 1st ward asking the Council to locate two fire hydrants in said ward one on the corner of San Gabriel and Louis street and the other on the corner of Orange and and San Gabriel street The petition was read and ordered filed. A petition was received from John Garner a Texas veteran asking the Council to allow him to open a news stand. without paying to the City an occupation tax Petition referred to the Charity Committee with instructions to report an ordinance to the Council to cover the amount of his occupation tax The following petitions to redeem land sold by the City for taxes were granted W M Walton to redeem Lot 6 7 & 8 in Block 6. sold for taxes of 1878 Harry Hawkins to redeem Lot 7 & 8, in Block 99, sold for taxes of 1879. --- Page break --- 278 The following report was received from the Ordinance committee which was adopted To the Hon Mayor and City Council of the City of Austin Gentlemen We the undersigned committee to whom was referred the petition of A D Crew bgt. leave to report that we do not consider it advisable to grant the same as we are not sufficient authority to decide the question of Law involved in this matter and we recommend to reject the award and leave it to higher courts to render a decision as to the legality or illegality of the test in question H W Miller R. Pleck N B Fretz Alderman Brueggerhoff called up an Ordinance repealing Article 34 of the revised Ordinances of the City of Austin and enacting an Ordinance creating a Poundmaster, his powers and duties. The Ordinance was read second time and then read third time under suspension of the rules and passed by the following Vote Yeas Aldermen Kinney Metz, Lattrance Brueggerhoff Kuppers Horder and Plath and Aldermen Nays Aldermen Schuber Alderman Horder called up an Ordinance appropriating the sum of $42.50 to pay J. R. P. Mc Fall. City Engineer said amount having been deducted from his salary in 1887 by reducing the salary of the City Engineer. The ordinance was read third time The motion to pass the Ordinance was lost by the following Vote Yeas. Alderman Metz, Schuber Brueggerhoff Horder Plazo Alderman Kinney Lattrance Kuppers Plath Wilson. Alderman Plath introduced an ordinance amending sections, of an Ordinance, entitled an Ordinance granting to the State of Texas the right to lay a sewer within the City passed Augt 1887. Said amendment grants to the State the right to lay a sewer on any street lane alley or common in the City. The Ordinance was read first time --- Page break --- 279 Alderman Wilson offered the following resolution in connection with the Ordinance offered by Alderman Platt. The resolution was adopted and the resolution and the Ordinance was referred to the City Attorney and the Mayor and Board of Aldermen of the City of Austin. Whereas An Ordinance passed August 17th 1852 granting to the state of Texas the right to erect a system of underground sewerage within the limits of the City of Austin. Whereas the state of Texas or some one acting for the state have laid or caused to be laid down said sewer along East Avenue to the Colorado river without the knowledge or consent of this body. Therefore be it resolved by the City Council of the City of Austin That before granting the right they now ask that they be compelled to grade the full width of the street where it is found open on a level with the top of the grade covering the sewer on East Avenue where they have laid said sewer above the ground on said street. And where they have taking out earth for the purpose of filling. The same shall be left in as smooth and as passable condition as it was before moving said earth and be it further resolved That it is hereby made the duty of the City Engineer to see that the provisions herein contained are complied with. Alderman Bruggerhoff offered the following Resolution which was adopted. Be it resolved by the City Council of the City of Austin That the mayor is hereby authorized to make deeds to cemetery lots to citizens who have purchased lots in the old Cemetery prior to the year 1863 for which no deeds was made upon proof of payment therefore according to the maps of the City Cemetery in the hands of the Assessor and Collector. Alderman Platt offered the following resolution which was adopted. Whereas the streets sidewalks alleys and River walks are being extensively appropriated by individuals and Corporations for their use --- Page break --- and benefit and to the great inconvenience and injury of the City and the public generally Therefore, Be it Resolved by the City Council of the City of Austin That the Mayor is hereby requested to report to the Council at the next regular meeting what Further legislation is necessary, if any, to compel said individuals or corporations to remove said obstructions and to prevent such or other obstructions being made hereafter Alderman Brueggerhoff offered the following Resolution which was referred to the fire Committee with instructions to investigate the matter and see at what points in the City fire plugs are most needed and report to the Council at the next meeting. Resolved by the City Council of the City of Austin That the mayor and fire Committee be and are hereby authorized to contract with the City Water Company for two fire hydrants to be erected in the fifth ward known as wheatvill addition under the rules and provisions of the present contract with the City Water Company. Alderman Kinny introduced an Ordinance requiring all owners of property fronting on Pecan street between Guadaloupe and Colorado streets to grade and pave the sidewalks in front of their property within ten days after they are notified to do so by the mayor. Grades for the same to be furnished by the City engineer and the work to be done under the supervision of the street committee. The pavement to be constructed out of firm and durable limestone. The ordinance was read and then read second and third time under suspension of the rules and passed by the following vote yeas Aldermen Metz Kinny Schieber Lawrence Brueg gerhoff Kuppriz Moeller Platt & Wilson. The Mayor nominated Thomas Flinn and C. W. Wirth as special policeman of the City of Austin, the nominations were confirmed by acclamation. --- Page break --- 281 The Mayor presented the returns from the Election held March 19 1883 for the officers of the Austin Fire Department, which shows, August Quien chief, John P. Kirk assistant chief and Charles Hoefgenitz, Recorder. The Council confirmed the officers elect of Austin Fire Department, by acclamation On motion the Council adjourned. T. L. Burnell City Clerk Regular meeting of the City Council Austin Texas April 9 1883 Hon W. H. Payplay Mayor presiding Roll call present Aldermen Hietz. Kenway Blath and Wilson. absent aldermen Lawrance Schuber Brueggeman Radkey Humping & Morellen On motion the Council was called and the marshal sent after the absentees Aldermen Radkey and Schuber came in and answered to their names On motion the Council adjourned. T. L. Burnell City Clerk