275 Regular meeting of thr City Council,Austin,Texas,May 13, 1909 . Hon A F Wooldridge,Mayor pre-sing.Roll called. Present Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Absent None. The minutes of the last stated meeting were read,corrected and approved. Petilian ole W.B. Walker & Sons to erect Awning Petitions,Memorials,etc: The Mayor laid before the Council a petition of W B Walker & Sons,asking permis-sion to erect an awning in rear of their building corner of 4th & Lavacca stretes which was read and referred to Councilman Powell by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. L Litman Damages. The Mayor laid before the Council a communication from L Litman stating that on account of a defective ditch ,his premises at No 500 Rio Grande street had been overflowed,damaging him to the extent of $ 760.00,and asking that the Council re-imburse him for his loss.The communication was read and on motion was referred to Councilmen Gracy and Powell ,the City Attorney and the City Enginer,for inves-tigation and report. C.B. Beard, Contractor Cr. [illegible] The Mayor laid before the Council a communication from C B Beard ,Contractor ,in regard to paymenta of Coal bills ,for the water & Light plant,which was read and on motion referred to Councilman Bartholomew. City Engineer Storm Sewer The Mayor laid before the Council a communication from the City Engineer in regard to storm sewer in alley west of Guadalupe street and north of 19th street, which was read and on motion laid over to come up with an ordinance on the subj-ject under the head of new business. Fine Hr. Ferguson The Mayor laid before the Council a petition from A S Dixon and Conrad Steiner,ask-ing that the Council remit a fine assessed against H Ferguson in the Recoders Co court ,be remitted,which was read and on motion referred to Councilman Hart ,for investigation and report ' by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. Reports of City Officers: Reports and Call for April 1909 Cracy & [illegible] The Mayor laid before the Council the reports of the City Assessor and Collector and the City Clerk for the month of April 1909,which were read and on motion ref-ferred to Councilman Gracy by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. The Mayor laid before the Council the following report from the City Attorney: Austin,Texas,May 13,1909. City Attorney's Report W.A. Reese The Mayor and Councilmen of the City Of Austin,Austin,Texas. Gentlemen: The report of Councilmen Hart and Poewll and City Engineer Iredell on the complaint of Mr W A Reese,804 west Avenue,that property owners south of him had stopped the natural drainwaybin the rear of the west side of West Avenue at eighth street and caused storm and seep water to stand on his premises,has been referred to me by your honorable body for advice as to the proper action to take. The finding of fact in said report show that the stoppage is upon private property and not upon any of the streets and alleys of the City,and for this reason the --- Page break --- 276 . difficulty could be reached onlythrough the exercise of the police power.The City may so far as the public necessities require regulate ad and provide by ordinance for private drains and sewers,but it should not under its police power invade or impair private rights,unless the public welfare and safety demands it;and where regulation is necessary in order to prevent a nuisance,the power should be reasonably exercised and private rights not be impaired further than the circumstances require. The ordinance s of the City denounce stagnant water as a nui-sance,but exempts from punishmabtthe owner or occupants of the prem- -ises where the water accumulates through no fault or neglect of his own. I would suggest,therefore,that you direct the Sanitary Inspector to investigate the conditions in this locality ,with the view of ascertaining whether or not a nuisance naturally exists,and if so,to place the responsibility for maintaining such nuisance ,and if such nuisance be found to exist that complaint be made against the party or parties responsible for same. Respectfully, J Bouldin Rector,City Attorney . On motion the report was referred to Councilman Hart by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart and Powell. 5. Engineer to advertise Nays none. for bids for storm Be it resolved by the City Council of the City of Austin: That the Sewer- City Engineer is hereby requested to advertise for bids for construc-tion of storm sewer in alley west of Guadalupe street from 19th to 23d street,and another bid on same work from 19th to 24th street. Also to advertise for bids for storm sewerin Little Shoal Creek across 16th street at Nueces street,and between San Antonio and Nueces streets,and for widening the openditch of Little Shoal Creek at the corner of 16th and SanAntonio streets. Bids to be advertised for a lump sum covering a specified amount of rock excavation,and another for dirt excavation,to be added or deducted as the case may be . The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. Appropriation By Councilman Powell an ordinance appropriating the sum of $ 14.56 for Dr.Bill of AB.Boutwell the purpose of paying salary and Dr Bill of A B Boutwell ,on account of being hurt on the works of the Cityb The ordinance was read the first time and passed under suspension of th the rules by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. Councilman Gracy offered the following resolution; Resolved by the City Council of the City of Austin: That the City --- Page break --- Authorizing Sale of Revised Ordinances Invitation Staats Saenger Bund, to hold Annual Meeting 1911. in this City. City Attorney furnish Council with List of Suits pending Mayor & Supt. Receipts, etc Authorized to Contract for auditing Books and Accounts of the City To install system of Bookkeeping --- Page break --- Petition from P.J. O'Leary to furnish Clerk delinquent water Light & power bills Ordinance Creating an office of City Auditor Mayor authorized to enter into contract with S.R. Evans to sprinkle streets Bond Chester Thrasher approved. Bill Mrs R.H. Cooper approved. Ordinance to pay account C.B. Beard for Lignite Jno. O. Johnson City Clerk. --- Page break --- 280 . American Surety Company of New York. State of Texas, County of Travis. Know all men by these presents,That we,Chester Thrasher,as principal and American Surety Company of New York,as surety,are held and firmly bound unto A P Wooldridge as Mayor of the City of Austin,Texas,and his successors in office in the sum of ONE HUNDRED THOUSAND DOLLARS, good and lawful money of the United States of America,for the payment of which well and truly to be made,we bind ourselves,our heirs,executors and administrators,joint-ly and severally by these presents. The condition of the above obligation is such:That,Whereas,the above bounden Chester Thrasher was on the 6th day of May 1909,duly elected City Treasurer of the City of Austin,Texas,in accordance with Article 7,Section 16,of the Charter of the City of Austin,Texas,the election as shown by the records of the City of Austin,Texas. Now,if the said Chester Thrasher,as such City Treasurer of the City of Austin,Texas,shall securely keep,strictly account for and pay over in accordance with law all monies that may come into his hands as such Treasurer,and shall otherwise faithfully perform and discharge all of the dutiesthat are,or may hereafter be imposed upon him,by or under the Charter or Ordinances of the City of Austin,Texas,or by the order of the City Council of the City of Austin,Texas,or by any other lawfully constituted authority,then this obligation shall be null and void,:otherwise to remain in full force and effect. Provided,however,and this obligation is upon the .further express condition that no suit,action,or other proceedings shall be com-menced or instituted against the principal or sureties on this bond after the sixth day of November ,nineteen hundred and eleven. In testimony whereof we hereunto sign our names on this the 18th day of May 1909. Chester Thrasher,Principal. American Surety Company of New York By Paul Berghaus Seal Resident Vice President Attest ,W T Decherd,Resident Asst Secretary State of Texas, County of Travis. Before me ,H A Turner,a Notary Public in and for said State and County,on this day personally appeared Chester Thrasher and Paul Berghaus and W T Decherd,known to me to be the persons whose names are subscribed to the foregoing instrument,and duly and severally acknowledged to me that they executed the same for the purposes and consideration therein expressed and in the capacities therein stated. Given under my hand and seal of officethis 18th day of May 1909 Approved May 18,1909.A P Wooldridge,Mayor . H A Turner,Notary Public,Travis County Texas.