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Austin's Paving Boom, New Roles, & Public Health

Thursday, May 25, 1911 regular
  • Major Street Paving Initiatives:

    The city approved engineer reports for extensive Bitulithic paving projects on Fifth through Tenth Streets. Public hearings are scheduled for June 15th, allowing property owners to discuss proposed assessments for their share of these significant infrastructure upgrades.
  • Key Departmental Restructuring:

    Significant administrative changes occurred, transferring the supervision of the Board of Health to the Mayor's Department and moving the Sanitary Department (including street cleaning and waste collection) to the Superintendent of Receipts.
  • Public Health & Safety Appointments:

    New positions were filled, including a Dog Catcher, a Pure Food Inspector, and a City Veterinarian, reflecting a focus on community welfare.
  • Community & Commerce Decisions:

    Funding was allocated for public free concerts by local bands, and a permit was granted to Magnolia Petroleum Company to establish an oil tank station.

Full Transcript

Petition Geo Fiegel & J.H. Chiles for R.R. Switch Claim Geo Walling for Autp. for street ordered paid J.B. Nitschke to remove fence from street SW Tel + Tel Co Conduits Milton Nobles fine remitted [illegible] --- Page break --- 715 .Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart,Lookridge & Powell 5 Nays none. Councilman Powell offered the following resolution : Be it resolved by the City Council of the City of Austin : That the center line of East sixteenth street,East Seventeenth,and East Eighteenth streets be and the same are hereby established in the following manner: East Sixteenth street. Measure along the established line of Congress Avenue from the pin at the center of sixth street the correct distance for the center of sixteenth street and turn a right angle to the east. Three lines E. 16⁰ 17⁰ & 18⁰ Sts For point "A" set a stake in the east line of Congress Avenue ( i e 60 feet east of the center line of Congress Avenue),1.77 feet north of said right angled line. For point "B" set a stake in the West line of East Avenueten feet ( 10.0') north of said right angled line. A straight line joining points "A" and "B" to be the center line of East Sixteenth street. This line is pararllel to: and the correct distance from the line already approved for Fifteenth street. East Seventeenth street. Measure along the established line of Congress Avenue from the pin at the center of sixth streetthe correct distance for the center line of Seventeenth street,and turn a right angle to the east. For point "A" set a stake in the east line of Congress Avenue ( i e 60 feet east from the center line of Congress Avenue) 1.77 feet north of said right angled line. For point "B" set a stake in the west line of East Avenue 11 feet ( 11.0') north of said right angled line. A straight line joining points "A" and "B" to be the center line of Seventeenth street. This line is the correct distance at Congress Avenue from the line recom-mended for sixteenth street,and one foot more than the correct distance at East Avenue. East Eighteenth street. Measure along the established center line of Congress Avenue from the pin at the center of sixth street the correct distance for the center line of Eighteenth street turn a right angle to the east. For point "A" set a stake in the East line of Congress Avenue1.77'north of said right angled line. For point "B" set a stake in the West line of East Avenue eleven and seven tenths feet north of said right angled line. A straight line joining points "A" and "B" to be the center line of Eighteenth street. This line is the correct distance at Congress Avenue from the line recom-mended for seventeenth street,and seven -tenths foot more than the correct distance at East Avenue. The resolution was read but no action taken on same. The Council then recessedcuntil 2 Oclock P M this day. --- Page break --- 716 Licure absence Pat Cain Thursday May 25th 1911,2 P M .The Council was called to order by the Mayor with all members present. Councilman Bartholomew offered the following resolution: Resolved that the Supt of Parks and Public Property be authorized to send Mr Pat Cain ,Foreman of the Water Lines,to the American Water Works Association which meets in Rochester N Y, on June 5th to 10th , that a leave of absence for 15 days be granted Mr Cain: and that he be allowed the cost of Railroad fare to Rochester and return. The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart,Lockridge & Powell 5 Nays None. Los E Vanso appointed & confirmed as Dog Catcher Councilman Hart nominated Los Evans for the position of Dog Catcher to serve from June 1st to Oct 31st 1911,at a salary of $ 80.00 per month . The nomination was confirmed by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Lockridge & Powell 4 Not voting Councilman Hart 1 The Mayor laid before the Council the following resolution: Be it resolved by the City Council of the City of Austin : That the supervision of the Board of Health ,its Officers and Employees, Management Board of Health transferred to Mayor's Dept and the appointment of the same be and the same is hereby assigned to the Department of Public Affairs. The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart,Lockridge & Powell 5 Nays none. Pure Food Ordinance Amended. By Councilman Hart .an ordinance amending the Pure Food Ordinance . The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart,Lockridge & Powell 5 Nays none. xXxmanxxxLockridge xxxx. Councilman Lockridge made the following nominations for members of the Board of Equalization,viz: F M Covert to serve for a term of one year,to fill the unexpired term Board of Equalization appointed confirmed of J P Wallace. Albert W Townsend and Jack B Webb to serve for two years. The nominations were separately confirmed by the following vote : Yeas Mayor Wooldridge ,Councilmen Bartholomew ,Hart '& Powell 4 Not voting Councilman Lockridge 1 Councilman Lockridge offered the following resolution : A resolution correcting the assessment of W H Page for the year 1910,and Assessment Error Corrected authorizing the City Assessor and Collector to take credit for taxes erroneously assessed. Be it resolved by the City Council of the City of Austin : That whereas the assessment of W H Page for the year 1910 reads Lot 2 Block 3,Out lot 5 Div "B"xxxxxxxxxxxxxx $ 175.00 Improvements thereon 350.00 And whereas no improvements were on said land on January 1st 1910; --- Page break --- . therefore, . Beit resolved : That the City Assessor and Collector be and he is hereby authorized to take credit for Five and 57/100 ( $ 5.57) dollars ,being the taxes levied on the improvements erroneously assessed on said lot . The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart,Lockridge & Powell 5 Nays none. Mayor Wooldridge offered the following resolution : Be it resolved by the City Council of the City of Austin : That Chester Thrasher,Treasurer of the City of Austin,be and he is hereby instrucd Transfer funds to credit upon his books to the credit of the general fund of this City and charge to the street fund ,the sum of one hundred and seventy ($170.00) dollars heretofore charged to the general fund for the account of the purchase of a Trans -it for the street Department. The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart,Lockridge & Powell 5 Nays none. The Mayor laid before the Council the petition of B M Temple for permission to By B.M. Temple suspend an electric sign across Congress Avenue between 4th and 5th streets ,which Electric Sign was on motion of Mayor Wooldrdidge declined ,by the following vote : Yeas Mayor Wooldrdidge,Councilmen Bartholomew,Hart,Lookridge & Powell 5 Nays none. Mayor Wooldridge offered the following resolution : Be it resolved by the City Council of the City or Austin : That the sum of three hundred & thirty three and 33/100dollars ($333.33) of the Appropriation for five hundred dollars ($ 500.00) appropriated for public free concerts for the seaConcerts -son of 1911,be and the same is hereby appropriated for the payment of ten concerts to be furnished by the Musical Union of this City : and, Resolved further : that one hundred and sixty six and 66/100 dollars of said appro-priation for free concerts for the present year ,be and the same is hereby appro- -priated for the payment of five concerts to be furnished by the Business League Band of this City. The resolution was read the first time. Councilman Bartholomew offered the following as a substitute for the resolution: Be it resolved by the City Council of the City of Austin : That the five hundred ( $ 500.00 ) dollars set apart in the budget for 1911,for public Free concerts ,two hundred anf fifty ( $ 250.00) dollars be apportioned to the Business League Band and two hundred and fifty ($ 250.00) dollars be apportioned to the Musical Union Band. The substitute was read and adopted by the following vote : Yeas Councilman Bartholomew,Hart & Powell 3 Nays Mayor Wooldridge & Councilman Lockridge 2 The xxxxxxxxxsubstitute resolution was then adopted by the following vote : Yeas Councilmen Bartholomew,Hart,Lockridge & Powell 4 Nays Mayor Wooldridge 1 --- Page break --- 718 Paving assessment .The Mayor laid before the Council the following report: Austin, Texas, May 11th 1911. Report of City Engineer as to paving Assessment on Fifth street. To the Hon Mayor and City Council of the City of Austin : Gentlemen : I herewith submit to you my report as to improvements upon Fifth street in this City between east curb line of Colorado street and the west curb line of Trinity street as follows ,to-wit: I estimate the total cost of the said improvements inaccordance with the contract and specifications therefor at the sum of $ 22278.84. I estimate the cost of the said improvements to owners of abutting property at $ 7.59 1/3. The above estimates include excavation to the depth of seven inches (7") this being the thickness of the Bitulithic pavement,additional excavation to be paid for by the City. The names of the persons ,estates or corporations owning property on the portion of the said street to be improved,with a description of their property ,and amounts payable by each owner are as follows,to-wit: Fifth street from east curb line of Colorado street to west curb line of Trinity street to be paved with Bitulithic . Roadway 60' in width. Each abutter to pay for width from curb to center-30' Cost per square yard , $ 2.278. Cost per front foot each abutter $ 7.59 1/3. Property assessment on abutting property Property owner . Description of property Frontage in feet Areasy yards Cost .Lot number . Blk No Herman Becker .7 . 43 . 160 .533.33 $ 1,214.93 S E Rosengren .W 53 1/3 .12 53 . 53 1/3 .177.78 . 404.98 J H Fred Wensel Ctr 53 1/3.12 . 55 . 53 1/3 .177.78 . 404.98 R C Lambie .E 53 1/3' .12 55 . 53 1/3 .177.78 .404.98 Mrs AA Dahlich .5 43 .160 .533.33 1,214.93 E P Wilmot .1 55 . 160 .533.33 1,214.93 Est M A Taylor Decd T B Cochran. Exstrs .6 42 . 160 .533.33 1,214.93 E P Wilmot Charles Wolf .1 55 . 160 .533.33 1,214.93 H A Wroe W 30' 7. 42 80 .266.67 ..607.47 P Hoierman & Bro (John ) E 30' 7 .42 .266.67 607.47 Mrs Wilhelmina Govers, a Widow. --- Page break --- 719 .Miss Ida Gevers,a Feme sole, Miss Emma Gevers a feme sole, Mr Louis Gevers, Mr William Gevers, Heirs of August Let No Gevers dec'd . 12 Blk No . 56 n Frontage in feet . 160 .Area Sq yds .533.33 Cost $1,214.93 E M Scarbrough . 10,11 & 12 . 41 . 138 .460 1,047.88 T C Thomason .W 38' 9 . 41 . 38 . .126.67 . 288.55 Estate of J Woods Smith,Dec'd -- Exr .E 8' or 9, all of 8, 41 . 54 . .180 410.04 Amelia Brass ,Wife of G M Brass .7 .41 . 46 . .153.33 349.29 Est of Monroe Miller, dec'd,Jno H Robinson Jr Exectr : 1 & 2 .57 . . .92 . . .306.67 698.59 W B Walker 3 .57 . . 46 153.33. 349.29 Mrs Jennie Hirsfeld 4 .57 .46 .153.33 349.29 T B Walling 5 & 6 .57 .92 .306.67 698.59 Emma Bell Barron a feme sole 10,11 & 12 40 .138 .460.00 1,047.88 Alfred Smith 9 40 . .46 . .153.33 349.29. Herman Becker 7 & 8 40 .92 .306.67 698.59 W N McElroy 1,2 & 3 . 58 . .138 .460.00 1,047.88 Chas Wolf 4,5 & 6 58 .138 .460.00 1,047.88 City of Austin Int sidewalk Colorado street . 10 . .66.67 151.87 Int alley West of Congress Avenue . 20 .177.78 404.98 Int alley East Congress . 20 .177.78 404.98 Int Brazos street .80 .567.57 1,518.57 Int San Jacinto street .80 .644.44 1,468.03 Int sidewalk Trinity street .15 100 227.80 Totals .9780 $ 22,278.83 Respectfully submitted , G S Iredell,City Engineer. .Councilman Powell offered the following resolution: Resolution Approving City Engineer's report with reference to improvements on Fifth street in the City of Austin; Directing a hearing to property owners concerning assess-ments for a part of the cost of such improvements against such property owners and their property;fixing a time for said hearing; and directing that notice be given to such property owners of said hearing. Whereas,the City Council of the City of Austin has heretofore determined to im-prove Fifth street in said City from Colorado street to Trinity street,by paving the same with the Bitulithic Pavement upon gravel Concrete foundation with concrete gitters along curb line and necessary excavation,and has adopted specifications --- Page break --- 720 .for said work,and has entered into a contract for the same with the Texas Bitulithic Company,a corporation; and , Whereas,the City Engineer of the City of Austin has this day filed his report in writing with the City Council,showing the total cost of the said improvements upon the said street,the amount per front foot of abutting property to be paid nby the owners thereof ,and also the names of persons,estates or corporationsowning property abutting on said improvements; and, Whereas, the City Council has examined the said report and finds the same correct; and,. Whereas ,the necessity exists that a portion of the cost of the cost of said improvement should be assessed against said property owners and the their property,subject to the terms of the charter of the City of Austin and the ordinances in such case;made and provided,and after the notice and hearing provided by said charter and ordinance. Now ,therefore,Be it resolved by the City Council of the City of Austin, Texas: 1. That the said report of the City Engineer be,and the same is hereby approved and adopted. 2. That a portion of the cost of making said improvements shall be as-sessed against the owners of property abutting on Fifth street in the Q City of Austin ,between its intersection with Colorado street,and its intersection with Trinity street,and against the said property;that the said assessment shall be made at the rate of $ 7.59 1/3 per front foot of such property,in accordance with the "front foot plan or rule" in proportion as the front age of each owner on said street is to the whole frontage to be improved; provided,that if said rule of appor-tionment shall appear to the City Council to be unjust or unequal in any particular case ,or to result in an assessment in excess of the benefits received through said improvement by any owner or his property, the City Council shall adopt such rule or apportionment as shall effect substantial quality and justice between said property owners,considering benefits received by and burdens imposed upon said owners,and that in no event shall any assessment be made in excess of the actual benefits received by the owners of said property through the enhanced value thereof by means of said improvement. Paving Rubroad Texas Bitulithic Co. 3. That a hearing shall be given before the City Council to said prop-erty owners on the 15th day of June 1911, at 10 Oclock A M at the Council chamber in the City Hall, in the City of Austin,Texas,at which hearing said property owners ,their agents or Attorneys,shall be fully and fairly heard as to all matters concerning the saidimprovement, or any irreg-ularity or invalidity in the proceedings with reference thereto,or as to the benefits thereof ,if any,to their property,and as to the assessment proposed to be madeagainst them and their property,and as to any other mat-ter or thing connected therewith.At which hearing the said property owners shall have the right to produce witnesses and testimony,and which hearing shall be adjourned from time tio time and from day to day until all are fully heard ,and all matters in connection with the said improvements and assessment. --- Page break --- fully ascertained;that after the said hearing shall be closed,said City Council will proceed to assess against owners of property upon said street and their property,who shall agree with said City Council upon the said assessments, such sums as may be so agreed upon and determined as provided by the charter of the City and the said ordinance,that as any such property owners who may not so agree,the City Council will,after said hearing,appoint a commission to determm said assessments,and will take such further steps in the ascertainment thereof as are provided by the City Charter and ordinance of the City of Austin. 4. That the Superintendent of Streets and Public Improvements of the City of Austin be and he is hereby directed to give notice hereof to the said property owners ,their agents and attorneys, by publication of a copy of this resolution not less than twice in the Austin Daily Tribune,adaily paper of general circulation in the City of Austin,the first publicatinto be not less than five days prior to the date of said hearing,and in addition thereto said officer is hereby directed tomgive written notice of said hearing by posting a copy hereof to each of the said owners ,if their address be known,or if unknown ,then to their agent or attorney,if known; said copies to be deposited in the post office at the City of Austin not less than five days prior to the date set for the said hearing ; that the said notice by posting shall be only cu-mulative of and in addition to said notice by publication,which notice by publication shall be sufficient and legal notice. 5. That this resolution shall take effect from and after its passage. The resolution was adopted by the following vote: Yeas:Mayor Wooldridge,Councilmen Bartholomew,Hart,Lockridge & Powell 5 Nays none. The Mayor laid before the Council the following report of the City Engineer: Report of the City Engineer as to Paving assessment on Sixth street. To the Honorable Mayor and City Council of the City of Austin: Gentlemen: I herewith submit to you my report as to improvements upon West Sixth street in this City between the west line of San Antonio street and the east curb line of West Avenue as follows,to-wit: I estimate the total cost of the said improvements in accordance with the con-tract and specifications therefor at the sum of $ 15,764.19. I estimate the cost of the said improvements to owners of abutting property per front foot of such abutting property at $ 5.31 1/2 where there are double tracks, and $ 6.70 3/4 where there is a single track. The above estimates include excavation to the depth of seven inches ( 7"),this being the thickness of the Bitulithic pavement,additional excavation to be paid for by the City. The names of the persons,estates or corporations owning property on the portion of the said street to be improved ,with a discretion of their properties ,and the amounts payable by each owner are as follows,towit: Sixth street from west line of San Antonio street to east curb line of West Avenue to be paved with Bitulithic. Roadway 60' in width . Width to be paid for where double tracks-21' Width to be paid for where single track-26 ½' --- Page break --- 729 .Cost per square yard , $ 2. 278. Cost per front foot where double tracks - $ 5.31 ½ .Cost per front foot where single track -$ 6.70 3/5. Property owner . . .Description of property .Frontage in feet .Area in Sq Yds . Cost. Blk No .Lot No Jefferson Donavan 1,2,3 & 4 .74 . 276 .644.00 $1,467.03 Mary J Butler 5&6 .51 . .138 .322.00 733.52 Otto Ulit 7&8 .51 . .138 .322.00 733.52 Mrs Jennie Southgate E 43'4 .75 . 43 .100.80 229.62 Mrs M R Looke W 26' 4 & all 3 ,75 . .95 .259.02 590.05 Henry Maerki & Wife Lillie Maerki 1&2 .75 . .138 .404.22 920.81 Jno B Fischer & Jos Fischer 5,6,7 & 8 50 . 276. .764.04 1,740.48 Mrs Naomi McCleery 3&4 .76 . 138 .406.33 925.62 W E Carpenter E 46' 2 .76 . .46 .135.44 308.53 R B Hamblen & Wife O C Hamblen W 23' 2,E 23' 1.76 . .46 .135.44 308.53 Geo Southernwood & Wife Mattie Southernwood W 46' 1. .76 . 46 .135.44 308.53 R G Mueller 5,6 & E 10½' 7 .49 . 148 ½ .437.25 996.06 Mary R Nagle,Nano MNagle & Annette P Nagle W 58 ½ ,E 9' 8.49. ; 67 ½ .198.75 452.75 Mrs Sallie H Abadie,Wife of W B Abadie W 60' ,8 .49 . 60. .176.67 402.45 City of Austin .Intersection Nueces street .80 .462.22 1,052.94 City of Austin .Intersection of Rio Grande street 80 .543.33 1,237.71 City of Austin .Intersection sidewalk West Avenue 20 .118.00 268.80 Austin Electric Ry Co Between rails and tracks and one foot outside 1008. 1355.24 3,087.24 Totals 6920.19 15,764.24 Respectfully submitted . G S Iredell,City Engineer. Councilman Powell offered the following resolution: Resolution.Approving City Engineer's report with reference to improve-ments on West sixth street.in the City of Austin; directing a hearing to property owners concerning assessments for a part rthe cost of such improvementsagainst such property owners and their property; fixing a time for said hearing ;and directing that notice be given to such prop-erty owners of said hearing . Whereas ,the City Council of the City of Austinhax heretofore determined to improve West sixth street in said City from SanAntonio street to West Avenue by paving the same with the Bitulilithic Pavement upon Gravel Concrete Foundation with Concrete Gutters along curb line and necessary excavations ,and has adopted specifications for said work,and has entered into contract for the same with the Texas Bitulithic Company, a Corpo-ration: .and , Whereas the City,Council,hax exxxmined the said report and finds the same --- Page break --- .Engineer of the City of Austin has this day filed his report in writing with the City Council ,showing the total cost of the said improvements upon the said street, the amount per front foot of abutting property,to be paid by the owners thereof,and also the names of the persons,estates or corporations owning prop-erty abutting on said improvement,with a description of their property and a statement of the total amount payable by each of said owners for said improve-ments; and, Whereas,the City Council has examined the said report and finds the same correct; and, Whereas,the necessity exists that a portion of the cost of said improvements shall be assessed against said property owners and their property ,subject to the terms of the Charter of the City of Austin and the ordinance in such cases made and provided,and after the notice and hearing provided by said charter and ordinance. Now ,therefore,Be it resolved by the City Council of the City of Austin,Texas 1. That the said report of the City Engineer be ,and the same is hereby approved and adopted. . 2. That a portion of the cost of making said improvements shall be assessed against the owners of property abutting on West-sixth street in the City of Austin between its intersection with San Antonio street,and its intersection with West Avenue,and against the said property; that the said assessment shall be made at the rate of $.6.70 3/4 per front foot of such property ,in accordance with the " front foot plan or rule" in proportion as the frontage of each owner on said street is to the whole frontage to be improved; provided,that if saidrule of apportionment shall appear to the City Council to be unjust or unequal in any particular case, or to result in an assessment in excess of the benefits received through said improvement by any owner or his property,the City Council shall adopt such rule of apportionment as shall effect substantial equality and Justice between said property owners ,considering benefits received by and bur-dens imposed upon said owners ,and that in no event shall any assessment be made in excess of the actual benefits received by the owners of said propertythrough the enhanced value thereof by means of said improvement. 3. That a hearing shall be given before the City Council to said property owners on the 15th day of June 1911,at 10o'clock A M at the Council chamber in the City Hall,in the City of Austin,Texas; at which hearing said property owners ,their as agents or attorneys ,shall be fully and fairly heard as to all matters concern-ing said improvement,or any irregularity or invalidity in the proceedings with reference thereto,or as to the benefits thereof, if any,to their property, and as to the assessment pro posed to be made against them and their property, and as to any other matter or thing connected therewith.At which hearing the said property owners shall have theright to produce witnesses and testimony, and which hearing shall be adjourned from time to time and from day to day until all are fully heard,and all matters in connection with the said improvement and assessment fully ascertained; that after the said hearing shall be closed, said City Council will proceed to assess againstowners of property upon said street and their property ,who shall agree with said City Council upon the said assessments, such sums as may be so agreed uponand determined as provided by the charter of the City and the said ordinance; that as to such property owners --- Page break --- 724 who may not so agree ,the City Council will ,after said hearing,appoint a Commission to.determine said assessments,and will take such further steps in the ascertainment thereof as are provided by the City charter and ord-inance of the City of Austin. 4. That the Superintendent of Streets and Public Improvements of the City of Austin be and he is hereby directed to give notice hereof to the said property owners ,their agents and attorneys,by publication of a copy of this resolution not less than twice in the Austin Daily Tribune,a daily pa per of general circulation in the City of Austin, the first publication not less than five days prior to the date of said hearing; and in addition thereto said officer is hereby directed to give written notice of said hearing by posting a copy hereof to each of the said owners,if their address be known,or of unknown,then to their agent or attorney,if known; said copies to be deposited in the post office in the City of Austin not less than five days prior to the date set for the said hearing ; that said notice by posting shall be,only cummulative of and in addition to said notice by publication,which notice by publication shall be a sufficient and legal notice. 5. This resolution shall take effect from and after its passage. The resolution was adopted by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew ,Hart,Lockridge & Powell 5 Nays none. The Mayor laid before the Council the following report: Report of the City Engineer as to paving assessments on seventh street: To the Honorable Mayor and City Council of the City of Austin : Gentlemen : I herewith submit to you my report as to improvements upon Seventh street from the east curb line of Colorado street to the West curb line of Brazos street as follows,to-wit: I estimate the total cost to the said improvements upon said Seventh street from the east curb line of Brazos street. in accordance with the contract and specifications therefor at the sum of $ 10,853.15 . I estimate that the cost.of the said improvements to owners of abutting property at $ 7.59 1/3 . The above estimates include "excavation to the depth of seven inches ( 7'), this being the thickness of the bitulithic pavement,additional excavation to be paid for by the City. The names of the persons ,estates or corporations owning property on the portion of the said street to be improved,with adiscription of their prop-erties ,amount payable by each owner are as follows,to-wit: Seventh street from east curb line of Colorado street to West curb line of Brazos street,to be paved with Bitulithic . Roadway 60' feet in width. Each abutter to pay for with from curb to center-$ 30 ! Cost per square yard ,$ 2.278. Cost per front foot each abutter ,$ 7.59 1/3. --- Page break --- 725 Property owner Description of property Frontage in feet , Area in sq yds Cost Lot, Block. Lone Star Chapter No 6 RA M . W 57 1/3 .70 . 57 1/3 .191.11 $ 435.35 Est Jos Helle Decd,Exmctr . E 102 2/3 .70 , .102 2/3 .342.22, .779.58 Frank Litten . W 14 1/3,12, 83, . 14 1/3 47.78 108.84 Mary E Litten,Frank Litten, Geo S Litten, Mary Bowen,Wife of Edwin Bowen . E 145 2/3 ,12,83, . 145 2/3 485.55 , 1,106.09 Mrs M G Sampson,Indp Extr of Est of Geo W Sampson,dec'd,Mrs M G Sampson,Francis Sampson Smoot,and . 6, .70, .160, .533.33 1,214.93 Geo Helle,a minorSon of Georgia Sampson Helle, decd wife of Earnest Helle T O & J W Johnston . Pressler & Co ,agents . 1 83, .160 .533.33 1,214.93 Mrs Fannie Montgomery Davis, . 6, 69, .160, .533.33, 1,214.93 Driskall Hotel Company W 80' 7,69, .80, .266.67, 607.47 Est of Jos Helle dec'd Exmctr . E 80', 7 69, .80, .266.67, 607.47 Est of Monroe MillerDec'd Jno H Robinson Jr Executor, 1, . 84, 160, .533.33, 1,214.93 Mrs E A Miller .12, 84, 160, .533.33, 1,214.93 City of Austin,Intersection sidewalk Colorado street .10, 66.67, 151.87 City of Austin,Intersection alley West of Congress Avenue , .20, 177 78, 404.98 City of Austin,Intersection of Alley E of Congress Avenue 20, 177.78, 404.98 City of Austin, Int sidewalk Brazos street, .10, 66.67, 151.87 Totals 4755.55 $ 10,833.15 Respectfully submitted. G S Iredell ,City Engineer. .Councilman Powell offered the following resolution: Resolution approving City Engineer's report with reference to improvements on Seventh street in the City of Austin ;directing a hearing to property owners,con-cerning assessments for a part of the cost of such improvements against such property owners and their property; fixing a time for said hearing;and directing that notice be given to such property owners of said hearing. Whereas, the City Council of the City of Austin has heretofore determined to --- Page break --- 726 improve Seventh street in said City from Colorado street to Brazos street, by paving the same with the Pitulithic Pavement upon Gravel Con-crete Foundation with Concrete Gutters along curb line and necessary excavation, and has adopted specifications for said work, and has entered into contract for the same with the Texas Bitulithic Company, a Corporation ; and, Whereas the City Engineer of the City of Austin has this day filed his report in writing with the City Council, showing the total cost of the said improvements upon the said street, the amount per front foot of abut-ting property to be paid by the owners thereof, and also the names of persons, estates or corporations owning property abutting on said improve-ments, with a description of their property and a statement of the total amount payable by each of said owners for said improvements; and, . Whereas, the City Council has examined the said report and finds the same correct; and, Whereas, the necessity exists that a portion of the cost of said improve-ment should be assessed against said property owners and their prop- -erty subject to the terms of the Charter of the City of Austin and the ordinance in such cases made and provided, and after due notice and hearing provided by said charter and ordinance. Now, Therefore, Be it resolved by the City Council of the City of Austin: 1. That the said report of the City Engineer be, and the same is hereby approved and adopted. . 2. That a portion of the cost of making said improvements shall be assessed against the owners of property abutting on Seventh street in the the City of Austin, between its intersection with Colorado street, and its intersection with Brazos street , and against the said property; that that the said assessment shall be made at the rate of $ 7.59 1/3 per front foot of such property, in accordance with the " front foot plan or rule" in proportion as the frontage of each owner on said street is to the whole frontage to be improved; provided, that if said rule of apportionment shall appear to the City Council to be unjust or unequal in any particular case , or to result in an assessment in excess of the benefits received through said improvement by any owner or his property, the City Council shall adopt such rule of apportionment as shall effect substantial equality and justice between said property owners , consider-ing benefits received by and burdens imposed upon said owners, and that in no event shall any assessment be made in excess of the actual ben-efits received by the owners of said property through the enhanced value thereof by means of said improvement. 3. That a hearing shall be given before the City Council to the said property owners on the 15th day of June 1911, at 10 O'clock A M at the Council chamber in the City Hall, in the City of Austin ,Texas : at which hearing said property owners , their agents or attorneys , shall be fully and fairly heard as to all matters concerning these said improve-ment, or any irregularity or invalidity in the proceedings with ref- -erence thereto, or as to the benefits thereof if any, to their property and as to the assessment proposed to be made against them and their --- Page break --- property, and as to any other matter or thing connected therewith. At which hearing the said property owners shall have the right to produce witnesses and testimony and which hearing shall be adjourned from time to time and from day to day until all are fully heard, and all matters in connection with the said improvement and assessment shall be fully ascertained; that after the said hearing shall be closed, said City Council will proceed to assess against owners of property upon said street and their property who shall agree with said City Council upon the said assessments, such sums as may be so agreed upon and determined as provided by the charter of the City and the said ordinance, that as to any such property owners who may not so agree, the City Council will, after said hearing, appoint a commis-sion to determine said assessments, and will take such further steps in the ascertainment thereof as are provided by the City Charter and ordinance of the City of Austin. 4. That the Superintendent of Street and Public Improvements of the City of Austin be and he is hereby directed to give notice hereof to the said property owners, their agents and attorneys, by publication of a copy of this resolution not less than twice in the Austin Daily Tribune, a daily paper of general circu-lation in the City of Austin, the first publication to be not less than five days prior to the date of said hearing; and in addition thereto said officer is hereby hereby directed to give written notice of said hearing by posting a copy hereof to each of the said owners, if their address be known, or if unknown, then to their agent or attorney, if known; said copies to be deposited in the post office at the City of Austin not less than five days prior to the date set for the said hearing; that the said notice by posting shall be only cumulative of and in addition to said notice by publication, which notice by publication shall be suf-ficient and legal notice. 5. That this resolution shall take effect from and after its passage. The resolution was adopted by the following vote: Yeas Mayor Woolridge, Councilmen Bartholomew, Hart, Lookridge & Powell. 5 Nays none. The Mayor laid before the Council the following report from the City Engineer. Report of City Engineer as to Paving assessments on Eighth street. To the Honorable Mayor and City Council of the City of Austin: Gentlemen: I herewith submit to you my report as to improvements upon eighth street in this City between the east line of Congress Avenue and the west line of Brazos street as follows, to-wit: I estimate the total cost of the said improvements in accordance with the contract and specifications therefor at the sum of $ 5,415.58. I estimate the cost of the said improvements to owners of abutting property per front foot of such abutting property at $ 7.59 1/3. The above estimates include excavation to the depth of seven inches (7), this being the thickness of the bitulithic pavement, addition excavation to be paid for by the City. The names of the persons, estates or corporations owning property on the portion of the said street to be improved, with a description of their properties, amounts payable by each owner are as follows, to-wit: Eighth street from east line of Congress Avenue to west curb line of Brazos street. --- Page break --- 728 .street to be paved with Bitulithic. Roadway 30' in width. Each abutter to pay for width from curb to center-30' Cost per square yard , $ 2.278. Cost per front foot each abutter , $ 7.59 1/3. Property owner .Description of property Frontage in feet Area sq yards Cost .Lot No .Blk No W T Watt,Exstr of Will of Mrs Anne H Terril dec'd 1, .97, . 160, . 533.33 $ 1,214.93 Pierre Bremond W 80'12, .97, . 80, . 266.67 607.47 Swan Martin Centr 20' 12, .97, . 20', . 66.67 151.87 Mrs Johanna Domschke ,a Widow, Mrs Helena Sander,Wife of C F Sander,Miss Hettie Domschke, a feme sole,Miss Ora Domschke, a feme sole, Mr Frank Domschke, Mrs Dorothea Wilkerson,Wife of W A Wilkerson,Mr Chas Domschke, Mr Max Domschke. Hrs of Chas Domschke dec'd E 60' of 12, .97,. . 60, .200.00 . 455.60 Estate of Jos Nalle,dec'd Exstr , 6, .84, .160, . 533.33, 1,214.93 Mrs E A Miller W 40' 7, 84, 40, 133.33 303.73 Swan Martin E 120' 7, 84, 120., 400.00 911.20 City of Austin Int alley E Congress Avenue . 20, 177.78 404.98 City of Austin Int sidewalk Brazos st . 10, 66.67, 151.87 Totals .2377.78 5,416.58 Respectfully submitted , G S Iredell,City Engineer. Councilman Powell offered the following resolution: Resolution approving City Engineer's report with referance to improve-ments on Eighth street in the City of Austin; directing a hearing to property owners concerning assessments for a part of the costof such improvements against such property owners and their property;fixing a time for said hearing; and directing that notice be given to such property owners of said hearing. Whereas,the City Council of the City of Austinhnas heretoforedetir-mined to improve eighth street in said City from Congress Avenue to Brazos street,by paving the same with the Bitulithic pavement upon Gravel Concrete Foundation with Concrete Gutters along curb line and necessary excavation ,and has adopted specifications for said work,and has entered into contract for the same with the Texas Bitulithic Company, a corporation: and,. Whereas,the City Engineer of the City of Austinn has this day filed his report in writing with the City Council,showing the total cost of the said improvements upon the said street,the amount per front footof abutting property to be paid by the owners thereof,and also the names of persons,estates or corporations owning property abutting on said improve- --- Page break --- vment, with a discription of their property and a statement of the total amount payable by each of said owners for said improvements; and, Whereas the City Council has examined the saidreport and finds the same correct; and, whereas, the necessity exists that a portion of the cost of said improvement should be assessed against said property owners and their property, subject to the terms of the charter of the City of Austin and the ordinance in such case made and provided, and after the notice and hearing provided for by said charter and ordinance. Now, therefore, Be it resolved by the City Council of the City of Austin : Texas: 1. That the said report of the City Engineer be, and the same is hereby approved and adopted. 2. That a portion of the cost of making said improvements shall be assessed against the owners of property abutting on eighth street in the City of Austin, between its intersection with Congress Avenue and its intersection with Brazos street, and against the said property; that said assessment shall be made at the rate of $ 7.59 1/3 per foot of such property, in accordance with the " front foot plan or rule " in proportion as the frontage of each owner on said street is to the whole frontage to be improved; provided, that if said rule of apportionment shall appear to the City Council to be unjust or unequal in any particular case, or to result in an assessment in excess of the benefits received through said improve-ment by any owner or his property, the City Council shall adopt such rule of apportionment as shall effect substantial equality and justice between said proproperty owners, considering benefits received by and burdens imposed upon said owners, and that in any event shall no assessment be made in excess of the actual benefits received by the owners of said property through the enhanced value thereof by means of said improvement. 3. That a hearing shall be given before the City Council to said property owners on the 15th day of June 1911, at 10 O'clock A M at the Council chamber in the City Hall, in the City of Austin, Texas, at which hearing said property owners, their agents or attorneys, shall be fully and fairly heard as to all matters concerning the said improvement, or any irregularity or invalidity in the proceedings with reference thereto, or as to the benefits thereof, if any, to their property, and as to the assessment proposed to be made against them and their property, and as to any other matter or thing connected therewith. At which hearing the said property owners shall have the right to produce witnesses and testimony, and which hearing shall be adjourned from time to time and from day to day until all are fully heard ,and all matters connected with the said improvement and assessment fully ascertained; that after the said hearing shall be closed, said City Council will proceed to assess against owners of property upon said street and their property, .who shall agree with said City Council upon the said assessments, such sums as may be agreed upon and determined as provided by the charter of the City and the said ordinance; and as any such property owners who may not so agree, the City Council will, after said hearing, appoint a commission to determine said assessments, and will take such further steps in the ascertainment thereof as are provided by the City charter and ordinance of the City of Austin. 4. That the Superintendent of Streets and Public Improvements of the City of --- Page break --- 730 . Austin be and he is hereby directed to give notice here of to the said property owners ,their agents and attorneys,by publication of a copy of this resolution not less than twice in the Austin DailyTribune a daily paper of general circulation in the City of Austin,the first p publication to be not less than five days prior to the date of said hearing ;and in addition thereto said officer is hereby directed to give written notice of said hearing by posting a copy hereof to each of the said owners,if their address be known,or if unknown ,then to their agent or attorney,if known; said copies to be deposited in the post office at the City of Austin not less than five days prior to the dateset for the saidhearing ;that the said notice by posting shall be only cumulative of and in addition to said notice by publi-cation,which notice by publication shal.l be sufficient and legal notice. 5. That this resolution shall take effect from and after its passage. The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart,Lockridge & Powell 5 Nays none. The Mayor laid before the Council the following report from the City Engineer: Report of the City Engineer as to Paving assessment on Ninth street . To the Honorable Mayor and City Council of the City of Austin: Gentlemen : I herewith submit to you my report as to improvements upon ninth street in this City between the east curb line of Colorado street and the west curb line of Brazos street as follows, to-wit: I estimate the total cost of the said improvements in accordance with the contract and specifications therefor at the sum of $ 10,985.0 I estimate the cost of the said improvements to owners of abutting property at $ 7.59 1/3. The :bove estimates include excavation to the depth of seven inches ( ( 7" ),this being the thickness of the Bitulithic Pavement,addition-al excavation to be paid for by the City. The names of the persons,estates or corporations owning propertyon the portion of the said street to be improved ,with a desription of their properties,and-amounts payable by each owner are as follows, to-wit: Ninth street from east curb line of Colorado street to west curb line of Brazos street,to be paved with Bitulithic. Roadway 60' in width Each abutter to pay for width from curb to center-30' Cost per square yard ,$ 2,278 Cost per front foot each abutter ,$ 7.59 1/3. --- Page break --- 731 .Property owner Description of property, Frontage in feet, Area in sq yards, Cost. Lot, Block, Thos F Taylor W 46'7, 98, .46, . 153.33 $ 349.29 Jas H Robertson E 114 7, 98, .114,. . 350.00 865.54 Jno C Townes W 100'12 110, .100, . 333.33, 759.33 Mrs Rose Bathrick E 60'12, 110, .60, . 200.00 455.60 Mrs Adele Bergstrom W 60'6, 98 . 60, . 200.00 455.60 Mrs M M Kerbey E 100' 6 98, .100, . 333.33, 759.33 Ida Harris Brush,Widow, Geo Harris Brush, Eugene Carlton Brush, Minor, Earl Kenneth Brush,Minor, Harriette Aline Brush Minor, Heirs of Geo A Brush,Lot1, Blk 110, . 160 . 533.33, 1,214.93 Board of Trustees of the Public Free Schools of Austin, Lot 6,Blk 97, .160,. .533.33 1,214.93 Walter Bremond, Pierre Bremond, and Augusta Bremond, Trustees for Eugene Bremond Jr Lot1,Blk 111, .160, . 533.33, 1,214.93 Dr H B Granberry, W 25' - 7 ,97, . 25, . 83.33, 189.83 S C Granberry & Wife Annie,E 135' -7 -97, . 135, .450.00 1,025.10 The Austin Knights of Columbus Home Association, a Corporation, W 60' - 12,-111, . 60' .200.00 455.60 Mary M Bunton,Wife of J H Bunton, E 100' 12- 111, 100, .333.33, 759.33 City of Austin, Int section sidewalk Colorado street, . 20, .133.33, 303.73 City of Austin, .Int. Alley W of Congress Av . 20, 177.78, 404.98 City of Austin, . Int.alley E Congress Av . 20, 177.78, 404.98 City of Austin, Int sidewalk Brazos st . 10, . 66.67, 151.87 Totals, 4822.20 10,985. 00 Councilman Powell offered the following resolution: Resolution,Approving City Engineer's report with reference to improvements on Ninth street in the City of Austin; directing a hearing to property owners concerning assessments for a part of the cost of such improvements against such prop -erty owners and their property; fixing a time for said hearing; and directing that notice be given to such property owners of said hearing. Whereas, the City Council of the City of Austin has heretofore determined to improve Ninth street in said City from Colorado street to Brazos street,by Paving the same with the Bitulithic Pavement upon Gravel Concrete Foundation with Concrete Gutters along curb line and necessary excavation,and has adopted specifications forsaid work and has entered into contract for the same with the Texas Bitulithic Company, aCorpo -ration; and, Whereas,the City Engineer of the City of Austin has this day filed his repor --- Page break --- 732 • in writing with the City Council ,showing the total cost of the said improvements upon the said street,the amount per front foot of abutting property to be paid by the owners thereof,and also the names of persons estates or corporations owning property abutting on said improvement, with a description of their property and a statement of the total amount payable by each of said owners for said improvements;and, • Whereas, the City Council has examined the said report and finds the same correct; and, Whereas, the necessity exists that a portion of the cost of said improvement should be assessed against said property owners and their property, subject to the terms of the charter of the City of Austin and the ordinance in such cases made and provided,and after the notice and hearing provided by said charter and ordinance. Now, Therefore, Be it resolved by the City Council of the City of Austin: 1. That the said report of the City Engineer be, and the same is here-by approved and adopted. 2. That a portion of the cost of making said improvements shall be assessed against the owners of property abutting on Ninth street in the City of Austin,between its intersection with Colorado street,and its intersection of Brazos street,and against the said property; that the said assessment shall be made at the rate of $ 7.59 1/3 per front foot of such property;in accordance with the " Front foot plan or rule " in proportion as the frontage of each owner on said street is to the whole frontage to be improved;provided,that if said rule of apportion-ment shall appear to the City Council to be unjust or unequal in any particular case ,or to result in an assessment in excess of the benefits received through said improvement by any owner or his property,the City Council shall adopt such rule of apportionment as shall effect substan-tial equality and justice between said property owners ,considering benefits received by and burdens imposed upon said owners,and that in no event shall any assessment be made in excess of the actual benefits received by the owners of said property through the enhanced value thereof by means of said improvement. 3...That a hearing shall be given before the City Council to saidprop-erty owners on the 15th day of June 1911,at 10 o'clock A M,at the Council chamber in the City Hall,in the City of Austin,Texas at which hearing said property owners ,their agents or attorneys,shall be fully and fairly heard as to all matters concerning the said improvement,or any irregularity or invalidity in theproceedingswith reference thereto, or as to the benefits thereof,if any,to their property,and as to the assessment proposed to be made against them and their property,and as to any other matter or thing connected therewith.,At which hearing the said property owners shall have theright to produce witnesses and testi-mony ,and which hearing shall be adjourned from time to time and from day to day until all are fully heard ,and all matters in connection with the said improvementand assessment fully ascertained;that after the said hearing shall be closed ,said City Council will proceed to assess against owners of property upon said street and their property,who shall agree --- Page break --- 733 .with said City Council upon the said assessments,such sums as may be so agreed upon,determined as provided by the charter of the City and the said ordinance; that as to any such property owners who may not so agree,the City Council will,after said hearing,appoint a commission to determine said assessments,and will take such further steps in the ascertainment thereof as are provided by the City charter and ordinance of the City of Austin. 4. That the Superintendent of Streets and Public Improvements of the City of Austin be and he is hereby directed to give notice hereof to the said property owners ,their agents and attorneys, by publication of a copy of this resolution not less than twice in the Austin Daily Tribune,a daily paper of general circula-tion in the City of Austin,the first publication to be not less than five days prior to the date of said hearing; and in addition thereto said officer is hereby directed to give written notice of said hearing by posting a copy hereof to each of thesaid owners,if their address be known,or if unknown,then to their agent or attorney ,if known; said copies to be deposited in the post office at the City of Austin not less than five days prior to the date set for the said hearing; that the said notice by posting shall be only cumulative of and in addition to said notice by publication,which notice by publication shall be a sufficient and legal notice. 5. That this resolution shall take effect from and after its passage. The resolution was adopted by the following vote : Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart,Lockridge & Powell 5 Nays none. The Mayor laid before the Council the following report from the City Engineer: Report of the City Engineer as to paving assessment on Tenth street. To the Honorable Mayor and City Council of the City of Austin : Gentlemen : I herewith submit to you my report as to improvements upon Tenth street in this City between the east curb line of Colorado street and the west curb lineof Brazos street as follows,to-wit: I estimate the total cost of the said improvements in accordance with the contract and specifications therefor at the sum of $ 10,954.97. I estimate the cost of said improvements to owners of abutting property perfront foot of such abutting property at $ 7.59 1/3. The above estimates include excavation to the depth of seven inches (7") ,this being the thickness of the bitulithic pavement,additional excavation to be paid for by the City. The names of the persons,estates or corporations owning property on the portion of the said street to be improved, with a description of their properties ,and a s amounts payable by each owner are as follows,to-wit: .Tenth street from east curb line of Colorado street to west curb line of Brazos st to be paved with Bitulithic. Roadway 60' in width. Each abutter to pay for width from curb to center -30 ' Cost per square yard ,$ 2.278. Cost per front foot each abutter ,$ 7.59 1/3 OVER --- Page break --- 734 Property Owner . Description of Property, Frontage in feet Area in Sq Yds Cost Lot number Block No. Martyn Elliott . .7 . .110, . 160, . 533.33 $1,214.93 First Baptist Church .W 80' 6 .124, . . 80' . 266.67 607.47 Mrs Loise Meyer,Wife of P L Meyer .Cents 38½ '6, 124, . . 38½, . 128.33 292.32 Mrs Ida Haggerty Snell .E 41½ ' 6, .124, . . 41½' . 138.33 315.12 Earnest Ruffini,Erna Ruffini , Clara Schaefer,Wife of Arthur H Schaefer, of Cleveland Ohio, H Pressler & Co,Agents, Lot 6, .110, .160' .533.33 1,214.93 AlfredSmith & H P Wilmot, 1, : .124, .160 .533.33 1,214.93 H C Bartholomew, 1 .123 .160 .533.33 1,214.93 H C Bartholomew W 120' 6 .123 .120' .400.00 911.20 Adolphus Busch, E 40' 6 .123 . .40 .133.33 303.73 Mrs Lizzie H Williams 6, .111 .160 .533.33 1,214.93 S H & J S Wooten W 1/3,7 .111 .531/3 .177.78 404.98 The Girls Co-operate Home Association, a Corporation E 2/3 7 .111 .106 2/3 355.55 809.94 City of Austin, Intersection sidewalk C Colorado street . . 20 .133.33 303.73 City of Austin Int alley W Congress Avenue . : 20 .177.78 404.98 City of Austin Int alley East Congress Avenue . . 20 .177.78 404.98 City of Austin Int sidewalk Brazos street .10 . 66.67 151.87 Totals .4822.20 10,984.97 Respectfully submitted , O Stredell ,City Engineer. .Councilman Powell offered the following resolution : Resolution approving City Engineer's report with reference to improve-ments on Tenth street in the City of Austin; directing a hearing to property owners concerning assessment for a part of the cost of such improvements against such property owners and their property; fixing a time for said hearing; and directing that notices give to such prop-erty owners of said hearing. Whereas, the City Councilor of the City of Austin has heretofore deter-mined to improve Tenth street in said City from Colorado street to Brazos street,by paving the same with Bitulithic Pavement upon Gravel Concrete Foundation with Concrete Cutters along curb line and neces-sary excavation, and has adopted specifications for said work,and has entered into contract for the same with the Texas Bitulithic Company, a corporation;and, Whereas, the City Engineer of the City of Austin has this day filed his report in writing with the City Council,showing the total cost of the said improvements upon the said street,the amount per front foot of abutting property to be paid by the owners thereof,and also the names of persons ,estates or corporations owning propertyabutting on said improvement,with a description of their property,and a statement of the total amount payable by each of said owners for said improvements; and, --- Page break --- 735 .Whereas, the City Council has examined the said report and finds the same correct; and, Whereas, the necessity exists that a portion of the cost of said improvement should be assessed against said property owners and their property, subject to the terms of the charter of the City of Austin and the ordinance in such cases made and provided,and after the notice and hearing provided by said charter and ordinance. Now,therefore,be it ordained by the City Council of the City of Austin Texas : 1. That the said report of the CityEngineer be,and the same is hereby approved and adopted. 2. That a portion of the cost of making said improvementshallbe assessed against the owners of property abutting on tenth streetin the City of Austin, between its intersection with Colorado street ,and its intersection withBrazos st, street ,and against the said property; that the said assessment shallbe made at the rate of $ 7.59 1/3 per front foot of such property,in accordance with the " Front foot plan or rule " in proportion as the frontage of each owneron said stre street is to the whole frontage to be improved;provided,that if said rule of appor-tionment shall appear to the City Council to be unjust or unequal in any partic- -ular case ,or to result in an assessment in excess of the benefits received through said improvements by any owner or his property,the City Council shall adopt such rule of apportionment as shall effect substantial equality and justice between said property owners ,considering benefits received by and burdens imposed upon said owners,and that in no event shall any assessment be made in excess of the the actual benefits received by the owners of said property through the enhanced value thereof by means of said improvement. 3. That a hearing shall be given before the City Council to said property owners on the 15th day of June 1911, at 10 Oclock A M ,at the Council chamber in the City Hall,in the City of Austin,Texas, at which hearing said property owners, their agents or attorneys ,shall be fully and fairly heard as to all matters con-cerning the said improvement,or any irregularity or invalidity in the proceedings with reference thereto,or as to the benefits thereof to any,to their property, and as to the assessment proposed to be made against them and their property,and as to any other matter or thing connected therewith. At whichhearing the saidproperty owners shall have theright to produce witnesses and testimony,and which hearing shall be adjourned from time to time, and from day to dayuntil all are fully heard, and all matters in connection with the said improvement and assessment fully ascer-tained; and that after the said hearing shall be closed,said CityCouncil will proceed to assess against owners of property upon said street and their property, who shall agree with said City Council upon the said assessments,suchsums as may be so agreed upon and determined as provided by the charter of the City and the said ordinance; and that as to any such property owners who may not so agree,the City Council will,after said hearing,appoint a commission to determine said assess-ments,and will take such further steps in the ascertainment thereof as are pro- -vided by the City charter and ordinance of the City of Austin. 4. That the Superintendent of Streets and Public Improvements of the City of Austin be and he is hereby directed to give notice hereof to the said property owners ,their agents and attorneys, by publication of a copy of this resolution not less than twice in the Austin Daily Tribune,a daily paper of general circula-tion in the City of Austin,the first publication to be not less than five days --- Page break --- 736 prior to the date of said hearing; and in addition thereto said officer is hereby directed to give written notice of said hearing by posting a copy hereof to each of the said owners, if their address be known, or if unknown, then to their agent or attorney, if known; said copies to be deposited in the post office at the City of Austin not less than five days prior to the day set for the said hearing; That the said notice by post-ing shall be only cumulative of and in addition to said notice by pub- -lication, which notice by publication shall be a sufficient and legal notice. 5. That this resolution shall take effect from and after its passage. The resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Bartholomew, Hart, Lookridge & Powell 5 Nays none. Article XII. Contracts & Checks. Contracts and proposals for work to be done by the Company and for all materials, supplies and general purchases for the Company shall be made and signed by the President, or by any two of the following officers in the absence of the President, viz: Vice President, Treasurer, Secretary and Auditor, except as otherwise provided herein, and subject to such restrictions as may from time to time be imposed by the Board of Directors or by the Stockholders. The President, with the attestation of the Secretary Treasurer or Auditor may delegate his authority to sign contracts by Power of Attorney to such person or persons as may seem wise to the person signing the Power of Attorney. We, A H Johnson, President, and R B Ailes, Auditor, of the Texas Bitulithic Company do hereby certify that the above and foregoing is a true and correct copy of Article XII of the By Laws of the said Company as adopted by it on the 9th day of March 1906, and as now enforced. A H Johnson, President Texas Bitulithic Company. Attest, R B Ailes, Auditor. State of Texas, County of Dallas, Know all men by these Presents: That Texas Bitulithic Company, a Corporation organized under the Laws of West Virginia, and having a place of business in Dallas, Dallas County, Texas in consideration of the confidence by it reposed in L M Dabney, Vice President of the said Company, and one dollar by him in hand paid to the said Company, the receipt of which is hereby acknowledged, does hereby authorize and empower the said L M Dabney as Vice President of the said Company, for it and in its name and on its behalf to enter into any con-tract with any municipal corporation in the State of Texas for the con- -struction of any street improvement therein by this company, and to bind the said company thereto; and also for and the name of the said company and on its behalf as such Vice President to execute, sign and --- Page break --- 737 • deliver any written contract with any such municipal corporation for such improvements;and also for and in the name of the said.corporation and on its behalf to execute,sign and deliver any bond ,or bonds ,which may be required, necessary or proper in connection with the making of said improvements,or con -tracting therefor, and fully bind this ,the said Texas Bitulithic Company, for the faithful performance of such contract and forthe maintenance and repair of the work contracted to be performed,and with such conditions and terms and in such amounts as the said L M Dabney,Vice President,shall deem necessary or proper,or which may be required in connection with the performance of thesaid contract. And the Texas Bitulithic Company does further and specially authorize the said L M Dabney as Vice President, to do all such acts for it and in its name and behalf,and to execute all such written instruments as in the premises may be necessary or proper,or which the said company is otherwise empowered to execute or do; and th e said Texas Bitulithic Company does hereby expressly ratify and confirm every and all acts of the said L M Dabney,Vice President done in the premises. In Witness Whereof, the said Texas Bitulithic Company has caused these presents to be executed by its President and attested with the impress of its corporate seal affixed by its Auditor, this the 6th day of February 1911. Texas Bitulithic Company By A H Johnson, President. Attest , R B Ailes, Auditor. (Seal ) Boston May 17th 1911, Honorable Mayor and City Council, Austin,Texas. Gentlemen : The undersigned company hereby agrees that if the Bitulithic Pavem-ment laid in the City of Austin by the Texas Bitulithic Company or any other contractor operating under the license of our patents,requires any repairs from any cause whatsoever during the life of said patents now in force,you may make such repairs either by contract or direct employment of labor and materials and that we will make no charge for use of any of said patents covering the methods and processes of construction and completed pavement and flushcoating,the patents involved being as follows: 675.430 -Dated June 4,1901 727.505- dated May 5,1903. 715.630- dated Dec 9th1902 695.422- dated Mar 11,1902. Respectfully submitted , Warren Brothers Company By Ralf L Warren ,general Manager. Attest, Perry B Howard, Assistant Treasurer. The Council then recessed subject to call of the Mayor. --- Page break --- 738 Austin,Texas May 30th 1911. The Council was called to order by the Mayor with all members present. The Mayor laid before the Council the following resolution: Be it resolved by the City Council of the City of Austin : That the supervision of the Board of Health,its Officers and Employees and the appointment of the same be and the same is hereby assigned to the Department of Public Affairs. The resolution was adopted by the following vote: Yeas Mayor Wooldridge,Councilmen Bart holomew,Hart,Lookridge & Powell 5 Nays none. Contract Ray McDonald Filtering Trenches Amended. Councilman Bartholomew offered the following resolution: Be it resolved by the City Council of the City of Austin : That the contract at present subsisting between the City of Austin and Ray McDonald for the construction of Filtering trenches near the pumping station in this City ,be and the same is so amended as that the said Ray McDonald shall be released from the construction of about one hundred and twenty feet of said filtering trenches at the east end but in lieu thereof shall construct about one hundred and forty feet, at the west end off said trenches. Resolved further: That this contract shall not be executed without the consent,in writing ,of the surety upon the said Ray McDonald's contract for the construction of said filtering trenches in this City. The resolution was adopted by the following vote: Yeas Mayor Wooldridge,Councilmen Bartholomew,Hart &Powell 4 Absent Councilman Lookridge 1 The Council then recessed subject to call of the Mayor. May 31st 1911. The Council was called to order by the Mayor with all members present Councilman Hart offered the following resolution: Be it resolved by the City Council of the City of Austin : (1) That whereas, under and by virtue of the authority vested in the City Council by Section 5,Article2, of the City Charter,Les P Hart, Superintendent of Police and Public Safety,was assigned the duties of the Sanitary Department,the duties governing which are embraced in all ordinances relating to the keeping in a clean and sanitary condition all streets ,alleys and premises within the City limits,the control of all the sanitary carts,teams,employees,the Sanitary Inspector and the duties imposed upon him ,and all the apparatus,Crematory,Jails,etc., now in said department,and also the further assigned duties of keeping clean and in a sanitary condition the paved streets of the City of Austin,the teams,employees,apparatus,etc, and the sprinkling of the streets,and all other duties as imposed under the sanitary laws of the City; and Whereas,it appearing to the City Council that the duties fixed by the charter of the Superintendent of Police and Public Safety are sufficient without these assigned duties,and at the request of the Superintendent of Police and Public Safety,the Superintendent of Receipts Sanitary Dept Transferred to Supt Receipts, etc --- Page break --- 739 • Disbursements and Accounts, having signified his willingness to accept these assigned duties; it is therefore, Resolved by the City Council of the City of Austin : That said assignment of the sanitary department and the cleaning of the paved streets, be and the same is hereby transferred and assigned to the Superin-t of Receipts ,Disbursements and Accounts . This assignment does not embrace the Board of Health, Inspectors and the enforcement of the law under the Pure Food ordinance, which is assigned to another department. The resolution was adopted by the following vote : Yeas Mayor Woolridge ,Councilmen Bartholomew, Hart, Lockridge & Powell 5 Nays none. (Marginal Note) Dr G. M. Decord & (Marginal Note) Dr S. J. Swift (Marginal Note) appointed & confirmed (Marginal Note) Health Inspectors Mayor Woolridge nominated Dr Geo M Decord ,to be Pure Food Inspec-tor; ~the nomination was confirmed by the following vote:~ ~Yeas Councilmen Bartholomew, Hart, Lockridge & Powell~ ~Nays Mayor Woolridge~ salary to be $ 62.50 per month, with bond in penalty of $ 1,000.00 (Marginal Note) Salaries fixed The nomination was confirmed by the following vote: Yeas Councilmen Bartholomew, Hart, Lockridge & Powell 4 Not voting Mayor Woolridge 1 Mayor Woolridge nominated Dr S J Swift to be Veterinarian of this City, at a monthly salary of $ 62.50 ,with bond in penalty of $ 1,000.00. The nomination was confirmed by the following vote: Councilmen Bartholomew, Hart, Lockridge & Powell 5 Not voting Mayor Woolridge 1 (Marginal Note) Magnolia Petroleum (Marginal Note) Co to establish (Marginal Note) Tank, The Mayor laid before the Council the following resolution: Be it resolved by the City Council of the City of Austin : Thiat permission is here granted to the Magnolia Petroleum Company to erect and establish an oil tank station on the north half of Block 6,Division "O" of the City of Austin, Texas. The said erection to be carried out under the supervision of the City Engineer of this City. The resolution was adopted by the following vote : Yeas Mayor Woolridge ,Councilmen Bartholomew, Hart, Lockridge & Powell 5 Nays none. On motion the Council adjourned. Jno. A. Scumon City Clerk