378 Regular meeting of the City Council : Austin,Texas November 14, 1912. The Council was called to order by the Mayor: Roll called: Present Mayor W ooldridge, Councilmen Bartholomew,Hart,Haynes & Powell Absent none. The minutes of the last regular and subsequent recessed meetings were read and approved. Reports of City Officers : The Mayor laid before the Council the reports of the Supt Weights and measures, Dr Swift ,Health Inspector, and The City Marshal, for the month of October 1912 ,which were read and orders filed. Un finished business : Paving E 5th Street The Mayor laidbefore the Council a resolution ordering the paving of East 5th Street from the east side of Trinity street to the West side of East Avenue, which resolution was introduced and read on Nov 7th 1912.The resolution was then passed by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew,Hart ,Haynes 5 and Powell Nays none. Councilman Haynes offered the following resolution : Be it resolved by the City Council of the City of Austin : That the sum of $ 44.48 be and the same is hereby transferred fromt Transfer funds from Hospital Bond Account to Hospital Building fund. the Hospital Bond Account,to the Hospital Building fund,and that the said sum be and is hereby appropriated to pay an account of the Citizens Bank & Trust Co of Sept 29th,1912, for express charges on bonds and currency,being 1/15 of $ 667.12 -also $ 16.50 amount of cost of warrent register & Warrent book for Hospital Building fund. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew,Hart,Haynes & Powells Nays none. Councilman Haynes offered the following resolution : Be it resolved by the City Council of the City of Austin : (a) That the following transfers of funds be made: Transfer funds To Int & Sinking fund 1st.Transfer the sum of $ 1,503.80 from the Permanent Street Improvement fund to the Interest and Sinking fund. (2) Transfer the sum of $ 1,521.18 from the Sanitary Sewer fund to the Interest and Sinking fund. (3) Transfer the sum of $307.99 from the Cemetery fund to the interest and Sinking. (4) Transfer the sum of $ 302.05 from the Hospital Building fund to the Interest and Sinking fund. (b) That all interest and sinking fund accounts ( except one desig-nated the " Interest and Sinking Fund Bond Account "and showing a credit balance of $ 5,705.09,on October 31st 1912) be and they they are hereby directed to be merged and consolidated under the name of " Interest and Sinking Fund " and the City Treasurer is hereby directed to make the transfers necessary to carry into --- Page break --- 379 e ffect the provisions of this resolution. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew, Hart, Haynes & Powell 5 Nays none. Wm Payelle poundage fee Councilman Hart offered the following resolution : It appearing to the City Council that a horse belonging to W M Powell escaped fm from his lot by running through his store, corner of San Jacinto and Fifth streets, and was impounded, for which he paid the fee of $ 1.50; this being an unavoidable accident , and noth though design or carelessness , and the Supt Police and Public Safety recommending the remission of the fee of $ 1.50; therefor Be it resolved by the City Council of the City of Austin : That said fee be and the same is hereby remitted, and the same, being still in the hands of the Clerk of the Corporation Court, said Officer is authorized and directed to refund same. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew, hart, Haynes & Powell 5 Nays none. Miss H Lassiter fine remitted Councilman Hart offered the following resolution : It appearing to the Council that Miss H Lassiter was on Oct 5th fined in the sum of $ 5.00 and costs, amounting in the aggregate to $ 19.80, for exceeding the speed limt that she was a non-resident and not familiar with the automobile ordinance , but had been informed that the limit was 18 miles in the City, without exception as to streets. This violation occurred upon a street where the limit is twelve miles; After an investigation of the facts in this case, the City Marshal, the Assist ant City Attorney and the Supt of Police and Public Safety recommends the remission of the fine; therefore, Be it resolved by the City Council of the City of Austin : That said fine of $ 19.80 ,be and is hereby remitted, and it further appearing that this money has been paid into the City Treasury, be it therefore further resolved that the City Clerk is authorized to draw a warrant in payment of the same. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew, Hart, Haynes & Powell 5 Nays none. Councilman Bartholomew offered the following resolution : Supt Parks, etc Be it resolved by the City Council of the City of Austin : to purchase That the Supt of Parks and Public Property be authorized to purchase the necessary equipment for equipment tto install a street lighting system on Lavaca street from 6th to 19th lighting streets ; on 19th street from Lavaca street to North Congress Avenue; and on Lavaca St - University Avenue from 19th street to the grounds of the University of Texas; they That the street lights be constructed on iron posts of approved style; one light at top of each post with two goosenecks on each post for lights; and that the electric current for said lights be conducted by underground cable. Resolved further: That the sum of $ 7,500.00 ,or so much thereof as may be necessar -ry , be appropriated out of the Earnings fund to install said lighting System. The resolution was read and laid over for one week. The Mayor laid before the Council a claim of one M Jackson , for horse killed by the City Officers, which was read and referred to the City Marshal. --- Page break --- 380 Approving Engineer's report Paving Lavaeca Seventh Street & Fixing Cost of Each Paving --- Page break --- 381 3. That a hearing shall be given before the City Council to said property owners on the 25th day of November, 1912, 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, 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 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 heard, and all matters in connection with the said 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 to 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, have appointed a Commission to determine said assessments, and will take such further steps in ascertainment thereof as are provided by the Charter and ordinance. 4. That the Supt of Streets and Public Improvements of the City of Austin 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 Tribune a daily paper of general circulation in the City of Austin, the first publication to be not less than five days prior to the said hearing. 5. That this resolution shall take effect from and after its passage. Approved, J Bouldin Rector, City Attorney. Approved, A P Wooldridge, Mayor Attest, Jno O Johnson City Clerk. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew, Hart, Haynes & Powell 5 Nays none. Councilman Powell offered the following resolution : Resolution approving the City Engineer's report concerning improvements on Lavaca Street, in the City of Austin, and directing a hearing to property owners concerning the assessment for a part of the cost of such improvements against them and their property, fixing a time for said hearing to property owners concerning the assessment for a part of the cost of such improvements against them and their property, fixing at time for said hearing and directing that a notice be given to said property owners concerning the said hearing. Whereas, the City Council of the City of Austin has heretofore determined to improve Lavaca street from the north property line of Eleventh street to the north property line of Nineteenth 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 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 --- Page break --- 382 • . writing with the City Council, showing the total cost of the said impre 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 and a statement of the total amount paya-ble 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 improvements should be assessed against said property owners and their property ,subject to the terms of the Charter of the City 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 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 said owners of property abutting on Lavaca Street in the City of Austin, between its intersection with West Eleventh Street and its intersection with West Nineteenth Street and against the said property; that the said assessment shall be made at the rate of $ 3. 9323 per front foot for paving and 40 cents per front foot for curbing in accordance with the " Front Foot " rule of plan, in propor-tion to the frontage in that block to be improved; provided, that if said rule of apportionment shall appear to the 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 of his property, the City Council shall adopt such rule of apportion-ment 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 actual benefits received by the owners of said prop-erty through the enhanced value thereof by means of said improvements. 3. That a hearing shall be given before the City Council to said prop-erty owners on the 25th day of November 1912, 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 improvements or any irregularity or invalidity in the proceedings with reference thereto, if any, to their property, and as to the Assessment proposed to be made against them and their property, and as to any other other matter or thing connected therewith. At which hearing the said on 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 heard, and all matters in connection with the said improvements and assessment fully as ascertained; that after the said hearing shall be closed ,said City Council will proceed to assess a against owners of property upon said street and their property who shall agree with said Council upon the said assessments ,such sums as may be agreed upon and determined as provided by the Charter and t the said ordinance. --- Page break --- that.an to a ny such property owners who may not so agree,the City Councilwill,after said hearing have appointed a Commission to determine said Assessments,and will take such further steps in ascertainment thereof as are provided by the Charter and ordinance. 4. That the Supt of Streets and Public Improvements of the City of Austin 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 Tribune, a daily paper of general circulation in the City of Austin, the first publication to be not less than five days prior to the date of said hearing. 5. That this resolution shall take effect from and after its passage. Approved ,J Bouldin Rector, City Attorney. Approved ,A P Woolridge, Mayor. Attest, Jno O Johnson, City Clerk. The resolution was adopted by the following vote : Yeas Mayor Woolridge, Councilmen Bartholomew,Hart,Haynes & Powell 5 Nays none. Councilman Powell offered the following resolution : Resolution approving City Engineers report concerning improvements on nineteenth street ,in the City of Austin,and directing a hearing to property owners concerning the the assessment for a part of the cost of such improvement against them and their prop-erty; fixing a time for said hearing and directing that a notice be given to said property owners concerning the said hearing. Whereas, the City Council of the City of Austin has heretofore determined to improve nineteenth street from the east property line of Lavaca street to the west property line of Congress Avenueby paving the same with the Bitulithic pavement upon gravel concrete foundation with concrete gutters along curb line and necessary excava tion and has dopted 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 improvementsupon the the said street, the amount per front foot of abutting property to be paid by the owners thereofand also the names of persons,estates or corporations owning 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 improvementsshould be assessed against said property owners and their property,subject to the terms of the the Charter of the City and the ordinance in such cases made and provided,and after t 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 he reby approved and adopted. 2. That a portion of the cost of making the said improvements shall be assesse against said owners of propertyabutting on nineteenth street in the City of Austin, between its intersection with Lavaca street and its intersection with Congress Avenue and against the said property;that the said assessment shall be made at the rate of $ 3. 1146 per front foot for pavingand 40 cents per front foot for curbingin accor-dance with the "Front foot " rule or plan ,in proportion to the frontage in that block to be improved;provided that if said rule of apportionment shall appear to the Council to be unjust or unequal in any particular case, or to result in an assessment --- Page break --- 384 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 between said property owners ,considering benefits received by said 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 improvements. 3. That a hearing shall be given before the Council to said property owners on the 25th day of November, 1912,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 fully and fairly heardas to all matters concerning the said improve-ments or any irregularity or invalidity of the proceedings with ref- -erence thereto ,or as to the benefits thereof,if any, to their prop-erty,and as to the assessments proposed to be made against them and and their pro pertyand as to any other matter or thing connected therewith . At which hearing the said 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 heard,and all matters in connection with the said improvements and assessment fully ascertained; that after the said hearing shall be closed ,said City Council will proceed to assessagainst owners of property upon said street and their property who shall agree with said Council upon the said assessments ,such sums as may be so agreed upon and determined as provided by the Charter of the City and of the said ordinance; that as to any such propty owners who may not so agree,the City Council Council, will ,after said hearing, have appointed a Commission to de-termine said assessments ,and will take such further steps in ascer- -tainment thereof as are provided by the Charter and ordinance. 4. That the Supt of Streets and Public Improvements of the City of Austin is hereby directed to give notice hereof to the said property owners ,their agents and attorneys , by publication of a copyof this resolution not less than twice in the Austin Daily Tribune a daily paper of general circulation in the City of Austin, the first publication to be not less than five days prior to the date of said hearing. 5. That this resolution shall take effect from and after its passage. Approved J Bouldin Rector, City Attorney. Approved ,A P Wooldridge, Mayor. Attest, Jno O Johnson,City Clerk . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew,Hart,Haynes & Powell 5 Nays none. --- Page break --- Councilman Powell offered the following resolution : Resolution approving the City Engineers report concerning improvements on University Avenue in the City of Austin, and directing a hearing to property owners concerning the assessment for a part of the cost of such improvements against them and their property, fixing a time for said hearing and directing that a notice be given to said property owners concerning the said hearing. Whereas, The City Council of the City of Austin has heretofore determined to improve University Avenue from the north property line of nineteenth street to the north property line of twenty-first 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 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 by the owners thereof, and also the names of persons, estates or corporations owning 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 improvements should be assessed against said property owners and their property, subject to the terms of the Charter of the City 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 the making the said improvements shall be assessed against said owners of property abutting on University Avenue in the City of Austin, between its intersection with nineteenth street and its intersection with twenty first street and against the said property; that the said assessment shall be be made at the rate of $ 4.316 per front foot for paving and 40 cents per front foot for curbing, in accordance with the "Front foot" rule or plan, in proportion to the frontage in that block to be improved; provided that if said rule of apportionment shall appear to the Council to be unjust or unequal in any particular 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 prop -erty 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 improvements. 3. That a hearing shall be given before the Council to said property owners on the 25th day of November ,1912, 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 assessments proposed to be made against them and their property, and as to any other --- Page break --- 386 .thing connected therewith .At which hearing the said owners shall have have the right to produce witnesses an d testimony ,and which hearing shall be adjourned from time to timeand from day to day until all an are heard ,and all matters in connection with the said improvement assessments fully ascertained; that after the said hearing shall be closed ,said City Council will proceed to assessagainst owners of property upon said street and their property who shall agree with said Council upon the said assessments,such sums as be so agreed up on 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, have appointed a Commission to determine said Assessments ,and will take such further steps in ascertainment thereof as are provided by the Charter and ordinance. 4. That the Supt of Streets and Public Improvements of the City of Austin is hereby directed to give notice hereof to the said pro -perty owners ,their agents and attorneys, by publication of a copy of this resolution not less than twice in the theAustin Tribune, a daily paper of general circulation in the City of Austin,the first publi-cation to be no t less than five days prior to the date of said new hearing. 5. The t this resolution shall take effect from and after its passage. Approved, J Boudin Rector,City Attorney. Approved ,A P Wooldridge, Mayor Attest, Jno O Johnson,City Clerk The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew,Hart,Haynes & Powell 5 Nays none. Councilman Powell offered the following resolution : Resolution approving City Engineers report concerning improve-ments on East sixth street,in the City of Austin, and directing a heart- -ing to property owners concerning the assessment for a part of the cost of such improvements against them and their property,fixing a time for said hearing and directing that a notice be given to said property owners concerning the said hearing. Whereas, the City Council of the City of Austin has heretofore determine to improve East sixth street from the West curb line of East Avenue to the West property line of Waller street by paving the same with the Bitulithic pavement upon gravel concrete foundation with concrete gutters alongsourb line and necessary excavation,and has adopted specifications 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 improvement upon the said street ,the amount per front foot of a butting property to be paid by the owners thereof and also the names of persons ,estates or corporations owning property and a statement of the total amount payable by each of said owners for said improvements, and --- Page break --- 387 . Whereas, the City Council has examined the said report and finds the same correct;and Whereas, the necessity exists that a portion of the costs of the said improvements should be assessed against said property owners and their property,subject to the terms of the Charter of the City 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 the said improvements shall be assessed against said owners of property abutting obSxth street in the City of Austin, between its interdection with East Avenue and its intersection with Waller street and against the said property; that said assessment shall be made at the rate of $ 3.165 per front foot for paving and 40 cents per front foot for curbing according to the " the front foot " rule or plan ,in proportion to the frontage in that block to be improved; provided, that if said rule of apportionment shall appear to the Council to be unjust or unequal in any particular 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 actual 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 improvements. 3. That a hearing shall be given before the Council to said property owners on the 25th day of November,1912, 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 improvements 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 assessments proposed to be made against them and their property, and as to any other matter or thing connected therewith. At which hearing the said 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 heard ,and all matters in connection with the said improvement and assessment fully as ascertained;that after the said hearing shall be closed ,said Council will proceed to an assessment against owners of property upon said street who shall agree with said 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 who may not so agree,the City Council will, after said hearing, have appointed a Commis-sion to determine said assessments ,and will take such further steps in ascertainment thereof as are provided by the Charter and ordinance. 4. That the Supt of Streets and Public Improvements of the City of Austin 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 Tribune, a d daily paper of general circulation in the City of Austin,the first publication to be not not less than five days prior to the date of the said hearing. --- Page break --- 338 .5. That this resolution take effect from and aftre its passage. Approved, J Bouldin Rector, City Attorney. Approved A P Wooldridge, Mayor Attest , Jno O Johnson, City Clerk . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew, Hart, Haynes & Powell 5 Nays none. The Council then recessed subject to call. Austin, November 19th, 1912. The Council was called to order by the Mayor with all members present. Councilman Haynes offered the following resolution : Be it resolved by the City Council of the City of Austin : That the sum of eight hundred and tweand 72/100 dollars ($ 802.72) be and the same is hereby appropriated out of the General contingent fund of the City of Austin ,in payment of the attached and accompanying bill of J W Mazwellagainst the City of Austin,for his commissions in collecting taxes due the City of Austin,and covering the period from August 10th to November 6th ,1912. The attached statement ,which is verified by Hon H L Haynes, Supt Receipt, Disbursement and Accounts ,consists of pages 1,2,3 & 4,and shows an amount collected of $ 4,953.57,the commissions upon which are $ 802.72. Said 4 pages of itemized account bear the signature, for identification purposes,of A P Wooldridge,Mayor, and are dated October 14th 1912. The resolution was read and laid over . Mayor Wooldridge offered the following resolution: Be it resolved by the City Council of the City of Austin,Texas, that the Southwestern Telegraph and Telephone Co,be granted permission to lay an underground conduit on the west side of Guadalupe street from the terminus of their present underground conduit at twenty first street along the west side of Guadalupe street to the north side of twentyseventh street. In granting this right ,the Southwestern Telegraph and Telephone Co will be expected to remove their poles in one year from the date of the passage of this resolution from Guadalupe street . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew, Hart, Haynes & Powell 5 Nays none. Approved, A P Wooldridge, Mayor. Jno. O. Johnson City Clerk The Council then adjourned. Maxwell Bill Com. Guadalupe St Underground Conduit Guadalupe Str