26 Called meeting of the City Council Austin Texas, May 07, 1903 Hon. R.E. White Mayor presiding. Roll Called Present Alderman Crooker, Haynes, Aums, Maclin, Waddox Willson, Moore, Nitschke, Schneider, Shummate, Smith. Absent Alderman Redd, Shelley, Neik. The following call of the Council was read. Austin, Texas, May 7th 1903. Call of Council To the members of the City Council of the City of Austin: A special meeting of the City Council of the City of Austin is hereby called to convene in the Council Chamber at the City Hall in said City at 5 o'clock P.M. on Thursday, May 7th 1903, for the purpose of receiving the report of the Mayor and Street Committee on the subject of the Contract for the construction of Storm Water Sewer on Congress Avenue and for the further purpose of taking such action as to the Council may seem proper, on said report and said Storm Sewers Sewer Construction. Thos. Shelley 8th Ward Geo. Moore 7 " J.W. Shummate 6 " F.L. Haynes 6 " Austin, Texas, May 7th 1903. I hereby certify that the following named Alderman has been served with a true copy of this call by having same read to them in person. Thos. Shelley J.W. Shummate R.W. Waddox F.M. Crooker Joe Maclin Geo. Aums Thos. Neik J.G. Nitschke Geo. Moore T.E. Smith Thos. Shummate F.L. Haynes A true copy having been left at the residences of H.B. Willson and H.E. Redd, they being away from home and not being able to locate them. H. Montgomery, City Marshal. Waddox raised Alderman Waddox raised the point of order point of order That the call was not legal, & not being the call signed by the Mayor, or by the President of the Overruled Council as actg. Mayor. The Mayor decided the point not well taken. Alderman Schneider moved a call of the Council which was seconded. The Marshal was directed to bring in the absentees. Alderman Maclin moved to suspend the Call which motion prevailed. The following reports from the Mayor and Street Committee was then read — C.M. [illegible], May 6th 1903 --- Page break --- Report of Mayor + Street Committee on Contract with Field To the hot Council of the City of Austin! In accordance with the resolution of your body adopted on the 5th Inst we beg to report that we have to day handed Wm Fields a letter, a copy of which is hereto attached; and that in reply he has handed us a letter a copy of which is also hereto attached. That upon the receipt aforesaid reply from Wm Fields, we tendered him back his check and bond in accordance with the terms of said resolution' and that said tender was accepted as to the check but not as to the bond. Yours very truly R.E. White, Mayor J.B. Nibbs & Street Lee M. Coon Austin, Texas, May 6th 1910 Copy Wm. J. Field, Austin, Texas Dear Sir: In the matter of your proposed Contract for the Construction of a Storm Water Sewer on Congress Avenue, we beg to call your attention to the following facts, Viz: 1. The specifications on which the bids for said Contract were based, provide for a sewer of Cylindrical form, while the proposed draft of your Contract stipulates for a Sewer to be Constructed in a Semi-Circular or horse form. 2. The specifications above-mentioned, provide for the Concrete to be used in the Construction of the Sewer shall be Composed of one part Portland Cement, two parts Sand, and four parts broken Limestone, while your bid and the proposed draft of Contract provide for Concrete Composed of one part Portland Cement, two parts Sand and five parts Gravel. Neither of these changes from the original specifications have ever been authorized by the Council. If you are willing to change the proposed draft of your Contract and the attached copy of the specifications on which case is based, so as to Conform to the original specifications on which Competitive bids were provided in the two particulars above mentioned, we are willing, on behalf of the City, to finally accept the Contract. On the other hand, if you are unwilling to Conform to the original specification in the two particulars above mentioned, we hereby tender you back your check, and decline to make the Contract. for the reason Contained in said draft, for the reason that said draft Conflicts with the original specifications in the particulars above mentioned, and is therefore unauthorized. Very Respectfully yours. --- Page break --- 28 C. B. White C. B. Fischo Geo. A. C. [illegible] Austin, Tex., May 6th, 1903, To the Honorable A. B. White Mayor and Street Committee. Gentlemen: Replying to yours of May 6th, 1903, handed me this morning, I beg to state that I have a contract with the City of Austin duly executed by its proper authorized officers. I therefore respectfully decline to accede to the terms of Your letter as to certain proposed changes in the terms of the contract therein suggested. Very Respectfully Yours, J. H. Field Alderman Brocken moved to adopt the report, carried. Alderman Haynes offered the following resolution: Resolution of Haynes Be it resolved by the City Council of the City of Austin, that to abandon sewer. all plans for storm sewers on the avenue and the contemplated broadening of the side walks on said street be and are hereby abandoned as a useless expenditure of public money, Whereas, the avenue when properly graded and paved will have amply surface drainage to carry off quickly all storm waters and that this street is to be when paved its entire width will present a handsome appearance that is made narrow by the 16 feet extension of the present sidewalks Therefore, be it further resolved that the amount estimated to be expended on the storm sewer and the broadening of the side walks be applied to the cost of paving the street crossing on the avenue also the width of the present gutters on said street on same grade and plan as contemplated by the citizens now undertaking the expense of paving said street, and in order that the work aforesaid as currently desired by the Tax payers, workmen, and business men of Austin as indicated by the [illegible] consideration of the expense shall no longer be delayed by the [illegible] the Utopian idea of storm sewers. Only necessary for cities not favored as Austin with splendid natural drainage, that the amount of $ 15.983.24. Street having found none available be now appropriated by ordinance for its use and for [illegible] above indicated and that the City Attorney be requested to draw up said ordinance. The resolution was met in the following Vote Yeas Alderman Haynes, Johnson and [illegible] Nays Alderman Brocken, [illegible] [illegible] --- Page break --- City Engineer inst'd to instructed to get up plans & specification for sewer. City Engineer instructed to employ assist. Motion authd to submit plans. Alderman Mackin offered the following resolution Be it resolved by the City Council of the City of Austin; That the City Engineer and Street Committee are hereby instructed to prepare plans and specifications for the construction of a storm sewer on Congress Avenue between the State Capital and the Colorado River; and to report said plans and specifications to the Council for acceptance or rejection at the earliest practicable moment The resolution was adopted. Alderman Moore moved that the City Engineer be instructed to employ an assistant to assist in drawing the plans and specifications for the proposed sewer, which motion prevailed. Alderman Mackin moved that Alderman Crocker be authorized to submit to the Council his plan for the proposed sewer, which motion prevailed. Alderman Mackin moved that the Council adopt the horse shoe shaped sewer, which motion was adopted On motion the Council adjourned Geo. J. Johnson City Clerk