294 Report of Committee Daynes & L Littman . Councilmen Gracy & Powell to whom was referred the Claim of L Litman for damages presented the following report. To.the Hon Mayor and City Co uncil,City of Austin,Texas. Gentlemen: The undersigned,your committee appointed to look into the matter of the claim of L Littman,500 Rio Grande street that his building and stock of tobacco,cigars and other articles of manufacture were damaged by watercoming in to his property from Rio Grande street during one of the heavy storms this month ,beg leave to report that we visited the location y yesterday ,heard what Mr Littman had to sayin regard to the matter,and exa -mined the premises and damaged stock.It was evident that the water had come into Mr Littmans lot from the street and from the property adjoining his on the north.His lot is lower than Rio Grande street ,and the part of the lot adjoining the brick building on the west and of his lot is lower than any other portion.This brick building has on its east side,two small windows,the sills of which are very close to the ground and a very small rise of water would flow into them.The lay of the land,however,,in Mr Littmans lot is such that the water could not rise more than a few inches without running off inti fifth street.Neither is the grade of the lot towards the west such as to cause any great force of water.The damage of the building was by the breaking of the wall on the east side between and at the windows referred to in above.This break,according to Mr Littmans account ,reached within about three feet of the floor of the basement of the building.The wall was not undermined nor the foundation damaged. The approximate thickness of the brick wall is twelve inches.If the wall had been laid up with good mortar it does not seem likely with the lack of force of the water that any damage could have been done.The principal damage,as claimed by Mr Littman was to his stock which was stored on the floor of the basement.He clams that the water rose to a heighth of nearly three feet and water soaked all of his stock which was not above this level.His stock was when we examined it,stored in another location than where it is claimed it was damaged.An examination showed however,that it had been damaged by water.In View of the fact that Mr Littman's side-walk was lower than the centre of the street and his lot still lower than the sidewalk,it seems to us that he could have prevented this damage by the building of a proper curbing around his property and a filling of his sidewalk to correspond with the grade of the street.While it is a fact that at the time of the alleged damage the ditch on Rio Grande street was filled even with the sidewalk,it also a fact that the sidewalk was too low, and had never been curbedand owing to the fact that the ground slopes towards the west and the grade of the ditch flatit wuld be very difficult to keep it open. We submit the above facts in connection with the case ,leaving other mat-ters with Regard to consideration of the claim to be taken up by the City Attorney . Respectfully, G S Iredell, D B Gracy, City Engineer. P W Powell --- Page break --- 2 P Meyer Refund pound fees .On motion the report was referred to the City Attorney. Councilman Hart presented a petition from Louis P Meyer asking the Council to refund him certain pound fees paid by him,which petition was endorsed by th e City Marshal,recommending that the petition be NOT granted.The recommendation of the Marshal was adopted by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart AND Powell 5 Nays none. On motion the Council Recessed subject to the call of the Mayor. May 29th 1909. The Council was called to order by the Mayor,with all members present. Proposition The Mayor laid before the Council a proposition from A R Johnson to lease a R Johnson certain water wheels from the City. to lease On motion the proposition was accepted provided that Mr Johnson remove same Water Wheels without injury to power houseand pay the Council $5.00 per month for use of same,give bond in the sum of $ 500.00to be approved by the Mayor,and at the expiration of twelve months return same to the City in as good conditionas when receivedand place same where designated by the City,by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart and Powell 5 Nays no ne. The Council recessed subject to call of the Mayor. June 1st 1909. The Council was called to order by the Mayor,with all members present. Councilman Powell offered the following resolution. Resolution to Resolved by the City Council of the City of Austin,that,that portion of west Pave. w 6th sixth street lying between Guadelupe and San AntonioStreets be paved in accor-dance with an ordinance heretofore passed ,May 27th 1909,authorizing the paving of west sixth street in the City of Austin.The resolution was read the first time and the rule suspended and the resolution placed on its second reading by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart and Powell 5 Nays none. The resolution was read the second time and laid over until the next regular meeting. Councilman Powell offer d the following resolution: Be it resolved by the City Council of the City of Austin,that Heffron and Falligan contractors are hereby authorized to pave west sixth street from Guadelupe to San Antonio streets. Privileges here granted are in connection with and subject to the same terms and conditions as the former contract provides,on west sixth street from Colorado to Guadelupe streets. The resolution was read the first time and the rule suspended and it placed on its second reading by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart andPowell 5 Nays none. The resolution was read the second time and laid over until the next regular meeting of the Council. Councilman Bartholomew moved that the vote by which the Council accepted the proposition of A R Johnson,to lease him Turbine wheels at theold dam be Recon- --- Page break --- 296 Proposition A R Johnson to lease Wharf - rejected -sidered, which motion prevailed. It was then moved that the proposition be declined, which motion prevailed by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart and Powel 5 Nays none. Councilman Hart presented for confirmation ,as Matron of th the City Hospital,Mrs B Kern.The nomination was confirmed by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew Gracy and Powell 4 Nays none. On motion the Council adjourned. J. W. Anson City Clerk.