20. Regular meeting of the City Council : Austin,Texas, Sept 14th 1911. The Council was called to order by the Mayor : Roll called: Present Mayor Wooldridge, Councilmen Hart & Powell 3 Absent excused Councilmen Bartholomew & Lookridge 2 The minutes of the last regular and subsequent recessed meetings were read and adopted. Petitions,etc: By Councilman Powell petition of Citizens asking that a street be opened between 34th & 40th streets,running north and south,which wasread and ordered filed. Pet to open St 34th to 40th St. Reports of City Officers: The Mayor laid before the Council the reports of the City Sexton,The Food Inspector and the City Marshal ,which were read and ordered filed . Unfinished business . The Mayor laid before the Council an ordinance granting to the Houston and Texas H&TC Ry Co Switch track Central Railroad Company the right and requiring said company to construct ,main -tain and operate a railroad switch track or turnout upon and across certain streets in the City of Austin, subject to certain conditions. The ordinance was read the third time and passed by the following vote : Yeas Mayor Wooldridge, Councilmen Hart & Powell 3 Absent excused Councilmen Bartholomew & Lookridge 2 Relecting Remedy Bonds. The Mayor laid before the Council an ordinance ordering an election to obtain the consent of the qualified voters of the City of Austin ,who pay taxes on property within the limits of said City ,to the issuance of bonds by the City Council ,for the purpose of purchasing and improving a public Cemetary. The ordinance was read the first time. Traffic ordinance Councilman Hart offered an ordinance to regulate traffic in and along the streets and ways of the City of Austin,and establishing rules of the road, which was read the first time. The Council then recessed until 3 P M this day. Thursday Sept/4th 1911 P M . The Council was called to order by the Mayor: Present Mayor Wooldridge ,Councilmen Hart & Powell 3 Absent excused Councilmen Bartholomew & Lookridge 2 Ordinance fixing Cost improvements 7th Street The Mayor laid before the Council the following resolution : A resolution declaring and fixing the amount per front foot and total amount of the cost of improvement on seventh street between Colorado and Brazos street to be paid by each owner of property abutting thereon who has agreed with the City Council concerning the same. Be it resolved by the City Council of the City of Austin,Texas: That the hearing to property owners concerning an assessment to be made against them and their property for the improvement of seventh street between Colorado and Brazos streets having been closed and the said property owners having been fully heard as to the said assessment,the benefits thereof and all matters con -nected with the proceedings with reference to said improvements,and the prop-erty owners whose names are given belowhaving in writing consented with the City and agreed to the amount of the proportion of said cost to be assessed against them respectively and their property. 1st.That the said Council does declare and fix the total amount of the cost of said improvement to be paid by each of the said owners who have agreed with the City Council concerning the same and the amount per front foot as herein-below set forth opposite the name of the said property owners and the descrip- -tion of their property,the names of the said owners,the description of their --- Page break --- 21. . property,the names of the owners,the description of their property,the amount to be . assessed against each of them and the amounts per front foot to be assessed being as . follows, to-wit : Name of Owner, Lot No, Block No, No Front feet, Amount per front foot $ Total cost, Estate of JnoNalle,decd Sallie J Nalle, Ind executrix . 7, . 70, . .102 2/3, $ 7.59 1/3 $ 779.58 Estate of J M Litten de'd, Mary L Litten, Ind Executrix,145 2/3 ft ,12, .83, . .145 2/3 , 7.59 1/3 1,106.09 Estate of G W Sampson de'd, Mrs M G Sampson, Ind Executrix, .6, . 70, . 160, 7.59 1/3 1,214.93 T O & J W Johnson 1, .83, . 160, 7.59 1/3 1,214.93 Estate of Jos Nalle, Dec'd, Sallie JNalle, Ind Executrix , E 80 ft of 7, .69, . 80, 7.59 1/3 607.47 Frank Litten W 14 1/3ft12, .83, 14 1/3, 7.59 1/3 108.84. 2nd. Thatthis resolution take effect from and after its passage. The resolution was read and laid over . The Mayor laid before the Council an ordinance levying an assessment for the payment of part of the cost of improving seventh street in the City of Austin from its intersection with Coloradostreet to its intersection with Trinitystreet to fix a charge and lien against the owners of property and their property abutting on said street and providing for the collection and enforcement thereof. The ordinance was read the first time and laid over . The Mayor laid before the Council the following report from the Supt. Streets,etc: Report of the Superintendent of Streets and Public Improvements as to final comple-tion of improvements of Fifth street . To the Honorable Council of the City of Austin : Gentlemen : I beg leave to report that the Texas Bitulithic Company ,to which was awarded the contract for the improvement of fifth street,from Colorado street to Trinity street has completed the said improvements in strict accordance with the terms of said contract and the specifications of said work,adopted by the City, and I hereby recommend that the said improvement be finally accepted by the City Council. Dated this 14th day of September 1911. P W Powell Supt Streets and Public Improvements,City of Austin. Councilman Powell offered the following resolution : A resolution finally accepting pavement and improvements of fith street in the City of Austin . Whereas, the Superintendent of Streets and Public Improvements has filed his report with the City Council to the effect that the Texas Bitulithic Company has completed the work of paving and improving fifth street from Colorado street to Trinity street under contract with the City,and that said work has been fully done in strict accor-dance with contract and specifications adopted by the City, therefore, Be it resolved by the City Council of the City of Austin : That the said work of improvement be finally accepted by the City and that the final estimate due by the City to the said Company be paid. --- Page break --- 22 . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Hart & Powell 3 Absent Councilmen Bartholomew & Lookridge 2. The Council then recessed subject to call of the Mayor . Saturday Sept 16th 1911. The Council was called to order by the Mayor with all members present except Councilman Bartholomew. The Mayor laid before the Council the resolution fixing the amount cost of im-provement on seventh street in the City of Austin . The resolution was passed by the following vote : Yeas Mayor Wooldridge, Councilmen Hart Lookridge, & Powell 4 Absent Councilman Bartholomew 1. The Mayor 'then laid before the Council an ordinance levying an assessment for the payment off part of the cost of improving seventh street in the City of Austin from its intersection with Colorado street to its intersection of Brazos street and to fix a charge and lien against the owners of property and their property abutting said street and providing for the collection and enforcement thereof. The ordinance was read the second time and the rule suspended and it placed on its third reading by the following vote : Yeas Mayor Wooldridge,Councilmen Hart, Lookridge & Powell 4 Absent Councilman Bartholomew 1. The ordinance was read the third time and passed by the following vote : Yeas Mayor Wooldridge, Councilmen Hart, Lookridge & Powell 4 Absent Councilman Bartholomew 1. The Mayor laid before the Council the following report: Report of the Superintendent of Streets and Public Improvements as to final com-pletion of improvements on seventh street. To the Honorable City Council of the City of Austin : Gentlemen : I beg leave to report that the Texas Bitulithic Company ,to which was awarded the Contract for the improvement of seventh street from Colorado street to Brazos street have completed the said improvements in strict accordance with the terms of said contract and the specifications of said work, adopted by the City, and I hereby recommend that said improvements be finally accepted by the City Council. Dated this 14th day of September 1911. P W Powell, Supt Streets and Public Improvements, City of Austin. The Mayor laid before the Council the following resolution : A resolution finally accepting pavement and improvement of seventh street in the City of Austin : Whereas, the Superintendent of Streets and Public Improvements has filed his rep-port with the City Council to the effect that the Texas Bitulithic Company has completed the work of paving and improving seventh street from Colorado street to Brazos street under contract with the City and that said work has been fully done in strict accordance with said contract and specifications adopted by the [handwritten marginalia] Report Crest Improvement 7th St. [handwritten marginalia] Paving 7th St accepted --- Page break --- .City Council : therefore, Be it resolved by the City Council of the City of Austin : That the said work of improvement be fully accepted by the City and that the final estimate due by the City to the said company be paid. Councilman Powell offered the following resolution : A resolution declaring and fixing the amount per front foot and total amount of the cost of improvement on ninth street between Colorado and Brazos streets to be paid by each owner of property abutting thereon who has agreed with the City Council concerning the same. Paving guest Be it resolved by the City Council of the City of Austin : That the hearing to property owners concerning an assessment to be made against them and their property for the improvement of Ninth street between Colorado and Brazos streets,having been closed and the said property owners having been fully heard as to the said assessment, the benefits thereof and all matters connected with the proceed-ings with reference to said improvements ,and the property owners whose names are given below having in writing consented with the City and agreed to the amount of said cost to be assessed against them respectively and their property. 1st. That the said Council does declare and fix the total amount of the cost of the said improvement to be paid by each of the said owners who have agreed with the City Council concerning the same and the amount per front foot as hereinbelow set forth opposite the name of the said property owners and the description of their property, the names of the owners ,the description of their property,the amount to be assessed against each of them and the amounts per front foot to be assessed being as follows, to-wit: Name of Owner, Lot No. Block No. No front feet, Amount per front foot,# Total Cos Thos F Taylor,,W 45 ft 7, .98, .45, 7.59 1/3, 341.70 Jno C Towres W 100ft 12, .110, .100, 7.59 1/3 759.33 Mrs Rose BathrickE 60ft 12, .110, .60, 7.59 1/3 455.60 Mrs Adele BergstromW 60 ft 6, .98, 60, 7.59 1/3 455.60 Mrs M M Kerbey E 100ft 6, 98, 100, 7.59 1/3, 759.33 Estate of Geo A Brush dec'd, Ida Harris Brush, Ind Executor, 1, 110, 160, 759 1/3 1,214.93 Walter Bremond ,Pierre Bremond, & Auguste Bremond,Trustees of Eugene Bremond Jr ,1, 111, 160, 7.59 1/3 1,214.93 Dr H B Granberry W25 ft 7, .97, .25, 6.96, 174.00 S C Granberry & Wife , E 135 ft 7, .97, 135, 6.96, 939.60 The Austin Knights of ColumbusHome Association, a corporation, W 60 ft 12, .111, 60, 7.59 1/3 455.60 Mary M Bunton,Wife of J K Bunton E 100ft 12, 111, 100, 7.59 1/3 759.33 2nd .That this resolution take effect from and after its passage. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Hart,Lockridge & Powell 4 Absent Councilman Bartholomew 1 The Mayor laid before the Council an ordinance levying an assessment for the payment of part of the cost of improving ninth street in the City of Austin from its intersection of Colorado street to its intersection of Brazos streetand to fix a charge and lien against the owners of propertyand their property abutting said street and providing for the collection and enforcement thereof. --- Page break --- 24 .The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Mayor Wooldridge, Councilmen Hart ,Lockridge & Powell 4 Absent Councilman Bartholomew l. The Council then recessed subject to call of the Mayor. . Monday Sept 18th 1911. The Council was called to order by the Mayor with all members present. The Mayor laid before the Council the following petition : Austin,Texas, 9/18/1911. To the Hon A P Wooldridge, Mayor and Board of Commissioners. Pet. of G Granberry to erect gallery The undersigned respectfully petition you for a permit to erect a two story gallery on East ninth street adjoining Dr H B Granberry's gallery ,thence east with north line of lot 7 block 97,110 feet , this gallery to be 10 feet in width and construc -ted of 3"x 2" PipeIron & metal roof,entirely iron,except flooring & Joist to make floor on ,and rafters to support the roof. Respectfully . S C Granberry. The petition was granted by the following vote : Yeas Mayor Wooldridge, Councilmen Hart ,Lookridge & Powell 4 Absent Councilman Bartholomew 1 The Mayor laid before the Council an ordinance calling an election of the qualified Election for Councilman voters of this City to select a successor to Councilman I P Lookridge,Superintend-ent of Receipts, Disbursements and Accounts, resigned . The ordinance was read the first time and passed under suspension of the rules by the following vote : Yeas Mayor Wooldridge, Councilmen Hart ,Lockridge & Powell 4 Absent Councilman Bartholomew 1 Sept 18th 1911 P M . The Council was called to order by the Mayor,with all members present except Councilman Bartholomew. The Mayor laid before the Council the following resolution : Whereas, there is now pending in the District Court of Travis County, Texas, 53rd $10.000.⁰⁰ deposit Judicial District a certain suit styled No 27447, The Dumont Holmes Steel Concrete DuMont Holmes Company vs City of Austin et al,which suit is a suit for injunction ,and to recover Steel Concrete Co. vs City of Austin the sum of $ 10,000.00 held by the City of Austin and A P Wooldridge ,Mayor,and all claimed by the plaintiff for the construction of a dam across the Colorado river, and in which suit an injunction was issued by the Honorable District Court of Travis County, Texas,restraining the Mayor of the City of Austin ,and the Council-men of the City of Austin ,their agents ,servants and employees from converting to the use of the City ,or from cashing or from using or depositing to the credit of the City the proceeds of a certain $ 10,000.00 certified check left in escrow with A P Wooldridge ,as Mayor of the City, and belonging to J C Dumont and the Dumont Holmes Steel Concrete Company ,their associates and assigns; and, Whereas, it has been agreed between the said City of Austin and the plaintiff in said suit,that said suit shall be dismissed upon the following terms,to-wit: That the said plaintiff shall pay all and singular the expenses incident to holding a certain election whereby and wherein a franchise was granted to the said Dumont Holmes Steel Concrete company to build a dam over and across the Colorado river at --- Page break --- 25 or near the City of Austin,and further,the plaintiff shall pay all bosts due andowing the Officers of the District Court of Travis County in the above Styled and numbered cause, and the City of Austin agrees with the said plaintiff that upon the pa y ment of said election expenses as aforesaid and upon the payment of the costs as aforesaid and upon the dismisual of the said cause of action and the said injunction as aforesaid, to pay to the said Dumont Holmes Steel Concrete Company and J C Dumont ,or their assigns, the sum of $ 10,000.00 :m Therefore , be it resolved, by the City Council of the City of Austin that the City Attorney of the City of Austin is hereby instructed ,permitted and authorized to acce th eterms of the above offer , and upon the compliance with the said terms on the part of the plaintiff,the said City shall pay to the said plaintiff the said sum of $ 10,000.00 so held by it. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Lookridge & Powell 3 Present not voting Councilman Hart 1 Absent Councilman Bartholomew 1 Councilman Lookridge presented the following as his reason for his vote: Relative to the refund of the Dumont $ 10. ,000.00 ,I vote Aye because City Attorney Rector advises the City has no right to hold the deposite. I P Lookridge. The Mayor laid before the Council the following resolution : Be it resolved by the City Council of the City of Austin : Section 1. That the City of Austin, acting herein by the City Councilor said City, Affirm to purchase agrees to contribute, two hundred and fifty ($ 250.00) dollars ,to the purchase price Hyde Park of a tract of land in Hyde Park,Texas, being forty (40) feet by one hundrde andthirty five ( 135 ) feet ,which tract of land extends ,from the alley west of Duval street to Duval street in this City,Sixth street, inside of Hyde Park Addition to the City of Austin. Section 2. Said contribution is made for the purpose of extending sixth street in Hyde Park from the alley west of Duval street to Duval street,and the payment of $ 250.00 herein agreed to be contributed by the City of Austin to the opening of said street is not to be paid over until the City Attorney of the City of Austin shall adva the Mayor of said City ,acting herein for said City, that said tract of land 40feet by 135 feet, above described,has been properly dedicated in perpetuityby the owners thereof to public street purposes,. Section 3. That the contribution of $ 250.00 herein above and hereby made,is to be derived as follows: (a) One hundred anf fifty dollars is a balance ,of that amount, in the appropriation in the budget for the present year for a library site for this City, which one hundred and fifty dollars is hereby transferred from the appropriation for a library site and made available for the purposes of this resolution . (b) A note belonging to the City of Austin in the amount of one hundred dollars,dated Austin,Texas, July 13th 1911, and payable Ninety (90) days after date to the order of A P Wooldridge, Mayor,Trustee,signed by J Gregg Hill,Wm Von Rosenberg Jr,and Chas Stephenson. Section .4. That the action of the City Council in contributing to the purchaase from the owners thereof ,of the cetain strip of groung hereinabove set out ,shall not be held er deemed as ,in any way or to any extent,indicating the attitude or policy of the City Council towards any of the other streets in the Hyde Park addition to the --- Page break --- 26 City of Austin ,especially streets four and five likewise extending from a half block west of Duval street towards Duval street. The resolution was adopted by the following vote : Yeas Mayor Woolridge, Councilmen Hart, Lockridge & Powell 4 Absent Councilman Bartholomew 1. The Council then recessed subject to call of the Mayor. Sept 20th 1911. .The Council was called to order by the Mayor with all members present except Councilman Bartholomew. The Mayor laid before the Council the following resolution : Be it resolved by the City Council of the City of Austin : B.L. Vennum Resignation Election Judge (1) That the resignation of B L Vann, Presiding Judge in the sixth ward in this City ,be and the same is hereby accepted . (2) That R P Hull be and is hereby appointed Presiding Judge of elections for the sixth ward in this City. C.H. Buck app'd Election Judge (3) That C H Buck be and is hereby appointed as Assitant Judge of elections in the sixth ward of this City. The resolution was adopted by the following vote : Yeas Mayor Woolridge, Councilmen Hart Lockridge & Powell 4 Absent Councilman Bartholomew 1. .The Council then adjourned. Jno. C. Johnson City Clerk.