638 .Regular meeting of the City Council: Austin,Texas,January 19, 1911. The Council was called to order by the Mayor: Roll called: Present Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Absent none. The minutes of the last regular and subsequent recessed meetings were read and adopted. Petitions,Memorials,ets. Petition I.T. & P. in water Main to drants E. 1st street. ref The Mayor laid before the Council a petition from Citizens,asking to have have a larger Water main put in on East 1st street from Chisom street east ,and asking for additional Fire plugs,which was read and referred to Councilman Bartholomew for investigation and report. Fine J.E. Rather remitted The Mayor laid before the Council a communication from B A Lindau, asking removal of a nuisance near his premises,which was read and referred to Councilman Hart for investigation. Councilman Hart presented to the Council a petition from R L Rather, asking that a fine assessed against him in the Recorders Court be refunded ,which was read and on motion of Councilman Hart the petition was granted,and the amount of said fine was ordered refunded ,by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. Reports of City Officers: The Mayor laid before the Council the reports of the City Sexton,the City Clerk ,which were read and ordered filed. The Council then recessed until 3 O'clock P M this day. 2.30 P M January 19th 1911. The Council was called to order by the Mayorwith all members present. Petition Trustees German - of German Lutheran + of R.S. Lovengood for Exemption Tax Ref. Ill. Councilman Powell moved that the applications of the Trustees of the Southern Presbyterian Church,the Trustees of the German LutheranChurch, and of Prof R S Lovengood for the Sam Huston College,for exemption of certain property from taxation,be referred to the City Attorney with request that he furnish the Council a written opinion as to the legality of such exemptions,which motion prevailed by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. To prohibit distribution ~ nuisance of Medicine and other articles The Mayor laid before the Council an ordinanceto prohibit the distribution of sample packages of medicines or other articles containing ingredients dangerous to health and prescribing a penalty for the violation thereof,which was read the second time,and on motion of Councilman Powell was laid on the table by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. Ord regulating the sale of Food-stuffs District The mayor laid before the Council an ordinance to regulate the sale of Food-stuffs within certain districts,for the violation of which a penalty is provided.The ordinance was read the first time ,and a motion made to suspend the rule and place it on its second reading , --- Page break --- Pian for newspaper printing. Rejected. re-admitted 639 which motion was lost by the following vote : Yeas Mayor Wooldridge,Councilmen Gracy & Hart 3 Nays Councilmen Bartholomew & Powell 2 Councilman Gracy moved that bids for Newspaper printing for the term ending June 30th 1911,be rejectedand new advertisements made. Mayor Wooldridge as a substitute for the motion of Councilman Gracy offered the following resolution. Be it resolved by the City Council of the City of Austin : That the Superintendent of Receipts,Disbursements and Accounts be and he is hereby authorized and instructed ,to enable him to ascertain who was the lowest and best bidder for new-paper printing for the City for the current half-year,to refer the bids presented by the Statesman and the Tribune to a competent arbitrator to be selected by said Statesman and Tribune.Should said papers not be able to agree upon an arbitrator ,then the Superintendent of Receipts,Disbursements and Accounts be and he is hereby authorized to select a competent arbitrator himself. The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew & Hart 3 Nays Councilmen Gracy & Powell 2 Chas Burrage fine remitted. On motion and recommendation of Councilman Hart ,the balance of Fine and costs assessed against Charles Burrage,amounting to $ 34.55,was remitted by the following vote : Yeas Mayor Wooldridge,Councilmen Gracy,Hart ,Bartholomew & Powell 5 Nays none. The Council recessed subject to call of the Mayor. Fine Lee Russell remitted. Jany 28th 1911. The Council was called to order by the Mayor with all members present. On motion of Councilman Hart,balance of fine in the Recorders Court against Lee Russell,amounting to $ 11.30 wasremitted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 Nays none. The Council then recessed subject to call of the Mayor. Jany 25th 1911. The Council was called to order by the Mayor with all members present. The Mayor laid before the Council the following resoultion : Whereas,the Dumont,Holmes Steel Concrete Company.did on the 26th day of April,A D 1910,enter into a contract with the City of Austin,whereby the said Dumont,Holmes Steel Concrete Company agreed to erect and maintain a dam across the Colorado River at or near the City of Austin,in accordance with the certain franchise granted the said Company by the City of Aus tin by ordinance duly passed on the 22nd day of April A D 1910. See next page. , and whereas a condition of said ordinance is that the Dumont,Holmes Steel Concrete Company shall within nine months after the date of the final passage od said ordinance expendthe sum of Twenty Thousand ( $ 20,000.00 ) dollars on labor alonein the construction of said dam,and in event of the failureof said Company to so do within said time,then in that event said Company shall forfeit to the City of --- Page break --- 640 - Austin at its option said plans and specificationsand said sum of Ten - Thousand ($ 10,000.00)dollars,together with all work accomplished, - material furnished and all rights and franchises granted by the terms - of said ordinance. - And whereas,the period of nine months has expired since the date of - the final passage of said ordinance; - And whereas,the Dumont Holmes Steel ConcreteCompany - has failed to expend the sum of Twenty Thousand ($ 20,000.00) dollars - in labor alone on said work; - Now,Therefore,Be it resolved by the City Council of the City - of Austin : - That in consideration of the premises,all rights and fran- -chises granted by said ordinance to said Dumont,Holmes Steel Concrete - Company ,be and the same are hereby declared forfeited and of no further - force and effect,and said plans and specifications and said sum of - Ten Thousand ($ 10,000.00) dollars be and they are hereby declared - forfeited to the City of Austin;and, - Resolved that the Mayor of the City of Austin be and he is hereby instru- -cted to make demand at once on the American National Bank of the City - of Austinfor said sum of Ten Thousand dollars and place sais amount in - the City Treasury to the credit of the General fund of said City - N B The following Section should have been copied immediately - after the first paragraph of this resolution on page 639. - And whereas,the Dumont ,HolmesSteel Concrete Company did deliver - to the City of Austina full set of plans and specifications for said - work and did deposite with said City a certified Check for Ten Thousand - ($ 10,000.00) dollars ,subject to the conditions herei nafter set - forth. - The resolution was passed by the following vote : - Yeas Mayor Woolridge,Councilmen Bartholomew,Gracy,Hart & Powell 5 - Nays none. - Councilman Powell offered the following resolution : - Resolved ,by the City Council of the City of Austin,Texas,that the foll- -owing grades be established as the permanent grades of West 38th street, - center line,from Guadalupe street to the West side of Pearl street, - the elevations having been taken with reference to the top of the new - fire plug at the S E corner of Guadalupe and 38th streets;assumed ele- -vation 100. - West side of Guadalupe street 97.3 unchanged. - 300 feet west of Guadalupe street 105.7 cut 1.7' - 360 feet west of Guadalupe street ,East side Rio Grande 106.6 cut 16' - 400 " " " "West " " " 106.6 " 1.6'. - 500 " " " "East side Brown Street ( 104.1 fill .6' - 600 " " " " .103.6 " .6' - 650 " " " " .103.6 " .6' - 800 " " " " ( East side Pearl street ) 105.8 unchang - 855 " " " " ( West side Pearl st ) 106.4 " - The resolution was adopted by the following vote : --- Page break --- 641 Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart & Powell. 4 Nays none. . The Council then recessed subject to call of the Mayor. January 24th 1911 The Council was called to order by the Mayor with all members present except Councilman Gracy. Councilman Bartholomew presented bids for building Filtering Trenches at the Water & Light Plant,from Ray McDonald,A A Mundt & J O Polhemus,which were open -ed and read . Filtration Filter for Trench Power Plant awarded to Ray Mc Donald. Councilman Bartholomew moved that the bid of Ray McDonald for said work,and the contract awarded to him,which motion prevailed by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart & Powell 4 Nays none. Cities Water-Light Plant Councilman Bartholomew offered the following resolution : Allowing increase of Resolved that the Cashier of the Water,Light and Power Dept be authorized to retain $300.00. from deposits with the Treasurer the sum of Three hundred dollars for change and cashing of minor accounts the payment of which cannot be delayed . The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart & Powell 4 Absent Councilman Gracy 1 The Council then adjourned . J.W.O. Johnson City Clerk.