July 28, 1910. The Council was called to order by the Mayor, with All members present. Chairman Tracey presented the following resolution: "Whereas, an act to incorporate the City of Austin Passed by the Legislature of the Republic of Texas on February 13th 1839, and Section 6 of said act provides as follows: "Provided however, that this Act shall not be Construed to Give the Mayor and Council any power or authority To alter, occupy or change in any manner the ways, Squares, Streets, Roads or Alleys as laid down and surveyed According to the plan of the City, made under the superintendence of Edwin Waller, agent of the Government, nor to interfere in any way with the roads, streets, squares or lots which may be laid off within the precincts of the city to locate The seat of Government" And Whereas, The City Engineer and Surveyor of the City of Austin was Wm. J. W. Windsor, who held that office during the years 1874 & 1875 and who was appointed by an Ordinance of the City of Austin, Passed 26th of May 1874, And Whereas Article 120 of the digest of the general Ordinances of the City of Austin, passed 26th of May 1874, regulating the duties of the City Engineer and Surveyor is read as follows, Viz: "It shall be the duty of the City Engineer and Surveyor to establish throughout the City initial points and Monuments, at least one to each square of four blocks, and from such points to extend the Surveys by the city And it shall be his duty, when Called upon to do, to locate, establish and Survey, all lines of property, public or private, in this City, and to make all Surveys and Calculations for grading, work to be done on streets, alleys, Squares, bridges, Culverts, sewers and other public places in this City. Provided, that whenever any line of any Street or property, has been located by the City Engineer and Surveyor, the same shall not be changed by him on his successors without Good Cause shown and an Order of the City Council, and Article 121 of said digest of Ordinances reads as follows: "The City Engineer and Surveyor will, a duplicate be Spiked by the City, and Survey-and Plat of the City on file in the General Land Office, in locating the lines and dimensions of any property and will keep on file, in the General Land Office, in or public place in this City." Article 121 of said digest of Ordinances reads in part as follows: The City Engineer and Surveyor shall keep Suitable records of all the Surveys made by him, showing in particular the sites and other fixed objects, how the same 513 Communnication of Councilman Tracey Street Lines --- Page break --- 514 was done, and shall be responsible on official bond for all his acts. Whereas, A City Engineer or Surveyor has been one of the officers of the City from 1874 up to and including the present time and Whereas, the Ordinance prescribing the duties, in part, of said City Engineer and Surveyor as above described has been kept in full force and effect from the date of its passage on 26th day of May 1874 up to the present time, and is now in full force and effect, Article 125 of said Digest of 1874 being the same as Article 495 of the Revised Ordinances of 1908 of said Digest and Article 121 of said Digest being the same as Article 498 of said Revised Ordinances, and Article 123 of said Digest being the same as Article 491 of said Revised Ordinances, and Whereas, a stake set in the center of the intersection of Congress Avenue and Pecan Street, Now called 6th Street, which stake was afterwards replaced by an iron pin, And which stake was set N 16 B 40 feet and S 71 B 60 feet from a stake found at the N. E. Corner of Lot 6 Block 55 in the City of Austin, has been for more than fifty years recognized as the True Center of said Congress Avenue and Pecan Street and a line run N 19 B 6' W from said first mentioned stake and pin has been for the same length of time recognized as the true center line of Congress Avenue, And, Whereas, the maps and plans of the City of Austin, on file in the General Land Office, show all streets intersecting Congress Avenue to be at right angles to said Avenue and all streets east and west of said Avenue, between East Avenue and West Avenue, to run parallel with said Avenue, And, Whereas, from information obtained from Mr. Dennis Corwin, who has done surveying in the City of Austin for various times for the past fifty years and from Mr. Ernest Von Rosenberg, who has done surveying and assisted in surveying various tracts in the City of Austin, for more than thirty years, the lines of the streets East and West of Congress Avenue, between East Avenue and West Avenue were found on the ground to run parallel with Congress Avenue and the lines of the streets intersecting Congress Avenue were found on the ground to run at right angles to said Avenue, and were so located by them when surveys were made by them from 30 to 50 years ago, and. Whereas by recent survey of Congress Avenue and a portion of the streets intersecting same by Mr. W. W. Wetborn, a [illegible] surveyor, who has been employed under Authority of the City Council of the City of Austin, to run said street lines as originally run and located on the Ground, it was found that the improvements in --- Page break --- 515 said streets to re-run as that exact lines originally were laid as shown on the maps of record of the City of Austin on file in the General Land Office, but said improvements are located on the grounds of each owner thereof and in violation of the record of the Ordinances of the City of Austin, and whereas, said ordinance directing how the street lines, Lots, Blocks, Alleys and outlots should be located, has been in full force and effect since its passage on 26, May 1874, and is now still in full force and effect, but appears to have been disregarded for a long time and said lines, Lots, Blocks, Alleys and outlots to have been run by each City Engineer as he thought best, and without regard to said Ordinances Therefore, Be it resolved by the City Council of the City of Austin: Section 1. That hereafter, when any Street, Block, Out Lot or Alley is located, or sought to be located on the ground, the same shall be located according to the Ordinances of the City of Austin now in force. Section 2. That any and all persons, firms or corporations found encroaching on said Street, shall be notified of such encroachment whenever it is ascertained, and such encroachments must be removed from the streets whenever any improvements are made on any of said encroaching property. Section 3. That the curb lines of all Streets shall be located according to Surveys made under existing City Ordinances. The resolution was read the first time. Mayor Wooldridge offered as a substitute for the resolution, An Ordinance to establish the Correct Location of the Streets and other public places of the City of Austin, Texas, and to establish with the approval of the City Council the lines, and Also the permanent grades of the Streets of the City of Austin. The substitute was read and adopted by the following Vote: Yeas – Mayor Wooldridge, Councilmen Bartholomew, Hart and Powell. 4 Nays – Councilman Gray. 1 On motion the rule was suspended, and the Ordinance passed on its second reading by the following Vote: Yeas Mayor Wooldridge, Councilmen Bartholomew, Hart and Powell. 4 Nays – Councilman Gray. 1 The Ordinance was read the second time and said Over. On Motion the Council recessed, subject to call of the Mayor. --- Page break --- 516 July 25th 1910 The Council was called to order by the Mayor with all members present! Councilman Tracy laid before the Council, bids received for supplies for the City for the term ending Dec 31st 1910, as follows! Bids for supplies For Street work. Robinson Bros & Marks Grain Co. to Dec 31st 1910 "Lumber. Calcasieu Lumber Co. "Cement. Nalle & Austin Co. "Groceries. Big Hospital, Fry & Smith, H. Schmidt & H. L. Morrison "Dry Goods. H. S. Smith Contracts awarded. "Footwear. J. F. Smith "Wood. J. F. Charnell, J. P. Brodie & J. P. McKee "Burial clothes & miscellaneous supplies. H. F. Hodge "Street work. J. M. Templer "Graves for Colored Paupers. Bethany Cemetery Co. "Hauling remains Colored Paupers. J. M. Evans. "Newspaper Printing. Daily Tribune & Austin Statesman "Meals for prisoners. Zinn & Austin "Beef, Pork, & Ice. H. S. Smith, W. L. Alexander, [illegible] For Stock Feed. Robinson Bros. "Blacksmithing. C. P. Elzner & Co. "Cement. Nalle & Co. "Dry Goods. Hospital Supply "Tobacco. Fred Wolf "Wood. J. Charnely, J. P. Brodie "Butter, butterine, & eggs. H. F. Hodge "Street work. Hospital J. M. Templer "Graves for Colored Paupers. Bethany Cemetery Co. "Hauling remains Col. Paupers. Contro [illegible] "Newspaper Printing. Daily Tribune "Meals for prisoners. Zinn & Austin. "Bids for Groceries & Drugs for the Hospital, were referred to Councilman Hart for investigation & report. Bids for Lumber were referred to Councilman Powell for investigation & report. Councilman Goodall presented the following communication from the City Engineer. Austin, Texas July 25th 1910 To the Hon. The Mayor, Council City of Austin, Texas. Gentlemen: In connection with the work of cutting down East 11th Street between Congress Avenue and the portion of Brazos Street running North from 11th Street I beg to recommend that Brazos Street be cut down between 11th and 13th Streets to the grades given below, which are taken from the top of the [illegible] at the [illegible]. --- Page break --- 517 Common of Congress Avenue and 11th Street. The elevation of which is assumed to be 100. The line of the existing road to grade already approach 105.2: Cut 1.20 Street Grades North side of 11th Street. 126.8: Cut 1.31 Brazos. 11th to 13th 50' North of 11th Street 129.4: " 1.16 100' " " " " " 129.6: " 1.11 At So. Side of Alley between 11th and 12th Streets 130.4: " 1.51 At No " " " " " " 130.4: " 1.61 100' South of 12th Street 130.4: " 1.21 50' " " " " " 130.0: " .90 At South side of 12th Street 129.41: Unchanged At North " " " " 127.71: " 50' North of 12th Street 127.00: Cut .45 100' " " " " " 126.21: " .90 South side of Alley between 12th and 13th Streets 125.40: " 1.21 North side of said Alley 125.10: " 1.26 100' South of 13th Street 124.00: " 1.31 50' " " " " " 122.60: " 1.06 South side of 13th Street 120.50: " .31 Center of 13th Street 118.81: Fill .60 East Side of Brazos Street at 13th Street 117.20 Grade unchanged Respectfully Submitted. L. S. Bredell, City Engineer Councilman Powell offered the following Resolution: Resolved by the City Council of the City of Austin, Texas, that the Grades given herein attached be established for the permanent grades of Brazos Street from 11th to 13th Streets. The resolution was adopted by the following vote: Yeas: Mayor Wooldridge, Councilmen Bartholomew, Gray, Hart and Powell. Nays: None. Councilman Powell presented the following Communication from the City Engineer: Austin, Texas, Feb. 20th 1910. To the Hon. Mayor & City Council City of Austin, Texas. Gentlemen: In pursuance of Ordinance passed by the City Council on July 20th, in regard to Street Lines, I beg to recommend that the Center Line of East 11th Street between Congress Street lines Avenue and East Avenue be established by placing the 11th St. from Center at the point where the Center of Congress Avenue crosses Congress Avenue the Center line of the East 11th Street and a right-angled line from to East Avenue the point at the Center of East 11th Street and the Center at the West side of East Avenue North of the point where a right-angled line from the a point at Congress Avenue crosses immediately, running a straight line between these two points. I also recommend that the North line of the Sidewalk --- Page break --- 518 comes off the South side of 11th street in measuring out 5' from the fence at the N.W. Corner of 11th and Day Lewis Street, and 5' at the N.E. Corner of 11th and Red River Street. This will make a straight line between these points. Thus will bring the which makes a street 200' wide, 20' inside of where the fence was at Trinity street, and 20' inside of where the fence now is at Neches Street. I understand, however, that the fence is falling down this latter fence. If not, it will be necessary to make an angle in the east line at some intermediate point. Respectfully Submitted F.S. Dredel, City Engineer On motion of Councilman Powell, the above recommen-dation of the City Engineer was adopted by the following vote: Yeas Mayor Trovesday, Councilmen Bartholomew, Grey, Gant, Powell. Noes None. On motion the Council recessed, subject to the Call of the Mayor. July 26th, 1910 The Council was called to order by the Mayor with all members present. Councilman Powell to whom was referred the bids for furnishing Nalle & Co. Contract the City with lumber for the term ending December 31st, 1910, for Lumber reported that the bid of Nalle & Co. was the lowest bid, and moved that the Contract be awarded to them, which motion prevailed by the following vote: Yeas Mayor Trovesday, Councilmen Bartholomew, Grey, Gant and Powell. Noes None. Councilman Gant to whom was referred the different bids Tom D. Smith for groceries for the hospital, reported that he had carefully Contract for Groceries examined said bids and found that the bid of Tom D. Smith for Hospital was the lowest and best bid, and moved that the Contract be awarded to him, which motion prevailed by the following Vote: Yeas Mayor Trovesday, Councilmen Bartholomew, Grey, Gant, Powell. Noes None. Mayor Trovesday offered the following resolution: Resolution widening Be it resolved by the City Council of the City of Austin: East First Street from That the City Council hereby recognizes East First Street Nueces to City Limits to be a street Sixty feet (60') wide, from Nueces Street Easterly to the City Limits. The resolution was adopted by the following vote: Yeas Mayor Trovesday, Councilmen Bartholomew, Grey, Gant, Powell. Noes None. The Council recessed subject to the Call of the Mayor. --- Page break --- 519 Regular Meeting of the City Council Austin Texas, May 25th, 1910 Roll Call: Hon. W. H. Woodard, Mayor, Presiding; Alderman W. A. Harper, Alderman H. H. Bartholomew, Councilman Gracy, Starke and Powell. Absent: None. The minutes of the last regular and recessed meeting were read and approved. The regular order of business was suspended to take up the question of sidewalks on Congress Avenue, Sixth Street and Side Streets leading into Congress Avenue. Upon a number of Citizens interested addressed the Council. and the matter taken under advisement. Petitions, Memorials, Etc. Pet. Citizens for The Mayor laid before the Council a petition of Citizens work on Congress asking to have work done on Congress Avenue between 5th & 8th Streets, between 5th & 8th which was read and referred to Councilman Powell. The Mayor laid before the Council a petition from Pet. A. J. Harrington to A. J. Harrington asking permission put in Steps on to put in steps on the front of his building & building on 609 Congress, which was read and referred to Councilman Powell. Councilman Starke presented a petition from J. H. McCulloch asking to have a round top pavilion removed, which was read and referred to Councilman Starke. Councilman Starke to whom was referred bids for drugs Bids for drugs for for the City Hospital for the term ending Dec. 31, 1910, made Hospital rejected a verbal report recommending that all bids be rejected and new bids be called for, which report was adopted by the following vote: Ayes: Mayor Woodard, Councilman Bartholomew, Gracy, Starke, Powell. Nays: None. Ordinance to amend By the Mayor. An ordinance to amend Article 796 of Art. 796 Revised the Revised City Ordinances of the City of Austin. Ordinances The ordinance was read the first time and referred to the City Attorney. On motion of Councilman Starke, leave of absence Starke 5 days from May 6th, 1910, was granted to the City Clerk. leave absence The Mayor laid before the Council An Ordinance granting F. & M. Gregory, et al the right to construct, maintain and operate, a railroad track upon and across Caleb R.R. Switch Street in the City of Austin, together with a substitute Grants F. & M. for said ordinance. The substitute was read and laid over until the next regular meeting. By the Mayor a substitute for an ordinance to grant F. & M. Gregory et al the right to construct, maintain and operate a railroad track upon and across Sabine Street in the City of Austin. The substitute was read the first time and laid over. --- Page break --- 520 On motion of the Council recessed Subject to call of the Mayor. July 30th 1910 The Council was Called to order by the Mayor with all Members Present. The Mayor Laid before the Council the following Communication Austin, Texas, July 30th 1910 To the Hon Mayor and City Council of the City of Austin: Gentlemen: The location of 6th Street, running through Out Lot 6 Street lines on Davison "A" in the City of Austin is indefinitely located on 6th Street. the ground, and owners of said out lot fronting on said Street are encroaching thereon, both from the North and South sides, as said Street is now located. Therefore, the undersigned, who have charge of the location of Street lines, recommend that the City Council issue an order directing the City Attorney to at once institute Suit against all persons claiming to be the owners of such portions of said Out Lot fronting on said 6th Street, so that said Street may be definitely located by decree of Court. S.L.Gracy, H.Porozec The recommendation was adopted by the following Vote; Yeas Mayor Woodbridge, Councilmen Bartholomen, Gracy, Hart and Powell. Nays None. On motion of Councilman Powell, the application A.H.Harrington of A.H.Harrington for permission to remove Steps to building Steps to building on Travis Street from the rear of said building to the front of same, which Petition was referred to Councilman Powell for investigation and report, be referred to Councilman Hart. Said building being within the fire limits, by the following Vote: Yeas Mayor Woodbridge, Councilmen Bartholomen, Gracy, Hart & Powell Nays None. Fred Marging 15 days On motion leave of absence was granted Fred Marging Leave absence for 15. days, beginning Aug. 1st 1910. by the following Vote: Yeas Mayor Woodbridge, Councilmen Bartholomen, Gracy, Hart & Powell Nays None. Pound fee On motion of Councilman Hart, the application from S.L.McCulloch. S.L.McCulloch for refund of Pound fee, was refused by the following Vote: Yeas Mayor Woodbridge, Councilmen Bartholomen Gracy, Hart & Powell Nays None. On motion the Council recessed Subject to call of the Mayor.