562 .Regular meeting of the City Council : Austin, Texas, July 24, 1913. The Council was called to order by the Mayor: Roll called : Present Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Absent none. The minutes of the last regular and subsequent recessed meetings were read and approved : The Mayor laid before the Council the following reports for the month of June 1913, which were read and ordered filed: viz: Councilman Haynes offered the following resolution : Be it resolved by the City Council of the City of Austin : That the City Treasurer and the Assistant City Clerk be and they are hereby instructed to make the following transfers: (1) Transfer $ 2,087.57 from the Cemetery purchase fund to the City Cemetery fund. (2) Transfer $ 3,165.00 from the City Cemetery fund to the Cemetery purchase fund. This for the purpose of adjusting accounts and making final sepa-ration and settlement of all transactions between the two accounts. The Resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, A P Wooldridge, Mayor. Transfer funds .The Mayor laid before the Council the following resolution : Be it resolved by the City Council of the City of Austin : That two & 81/100 dollars be and the same is hereby appropriated out of the Sanitary Sewer Earnings fund of the City Of Austin to be paid as commission to the Chase National Bank of New York, as a commission of one-fourth of one per cent upon $ 1,125.00 ,interest paid be said bank to the holders of this City's certificate of debt by reason of the purchase of the property of the Austin Sewerage Company . The $ 1,125.00 interest paid by the Chase National Bank was the accrued interest on the City's debts to certificate holders from April 1st to July 1st ,1913. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, A P Wooldridge, Mayor. Payment Interest Commission for paying for Sanitary Sewer Earnings fund Councilman Haynes offered the following resolution : Be it resolved by the City Council of the City of Austin : That the assessment of money and credits against Jas H Raymond Jr for the year 1912, be, and as is set forth in the attached affidavit ,fixed at the following sums: Cash $ 2,000.00 Credits , $ 4,500. at 80 % 3,600.00 Total amount for 1912, $ 5,600.00 Be it further resolved : That the assessment for the year 1912made by Jas H Raymond Jr, on to-wit: Assessment J.H. Raymond Jr Corrected --- Page break --- 563 tho 5th day of February 1912, be and the same is hereby cancelled and the present and fore-going assessment be substituted in its stead. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved A P Wooldridge, Mayor. Councilman Haynes offered the following resolution : Whereas, it appears from the attached affidavit of Mrs Lena Castleman that her bills payable on the 1st day of January 1912, exceeded her bills receivable; therefore, Assessment Mrs. Lena Castleman Cancelled ✓ Be it resolved by the City Council of the City of Austin : That the assessment of $ 2,000.00 of credits against the said Mrs Lena Castleman for the year 1912 be and the same is hereby cancelled. Be it further resolved : That the Assessor and Collector of this City be authorized to take credit upon his assessment rolls for the year 1912 in accordance with the provisions of this resolution -. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, A P Wooldridge, Mayor. Councilman Powell offered the following resolution : A resolution finally accepting pavement and improvement of East 6th street from the West curb line of East Avenue to the East property line of Waller street: Pavement E 6th Ave to Waller St accepted ✓ Whereas, the Supt 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 Est 6th street from the West curb line of East Avenue to the East property line of Waller 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 City; therefore, Be it resolved by the City Council of the City of Austin : That the work of improvement be finally accepted and that the final estimate due by the City to the said Company be paid. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, A P Wooldridge, Mayor. Councilman Powell offered the following resolution : Resolution approving City Engineer’s report concerning improvements on Red River street, in the City of Austin, and directing a hearing to property owners concerning the assessment Paving Red River St Hearing ordered ✓ 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 concern-ing the said hearing: Whereas, the City Council of the City of Austin has heretofore determined to improve Red River street from the north property line of 5th street to the south property line of 6th street by paving the same with the Bitulithic pavement upon gravel concrete foundation with concrete gutters along curbline and necessary excavation ,and has adopted specifications for said work,and has entered into a contract for the said with the Texas Bitulithic Company a Corporation; ; and, --- Page break --- 564 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 improve-ments 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 improvement should be assessed against said property owners and their property, subject to the terms of the Charter of the City and the ordinances in such cases made and provided and after 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 paving the said improvements shall be assessed against said owners of property abutting on Red River street in the City of Austin , between its intersection with East 5th street and its intersection with East 6th street and against the said property ; that said assessment shall be made at the rate of $ 5.275 per front foot for paving and 40 cents per front foot for curbing in accordance with the "front foot" rule or plan,and 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 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 burden 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 7th day of August ,1913, at 10 o'clock A M at the Council chamber in the City Hall in the City of Austin,Tex s.; 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 any 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 improvements 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 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 --- Page break --- 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 The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Maynes & Powell 5 Nays none. Councilman Powell offered the following resolution : Resolution approving City Engineers report concerning improvements on Trinity 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 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 Trinity street from the north property line of 5th street to the south property line of 6th street by paving the same with the Bitulithic pavement upon gravel concrete foundation with concrete gutters along curb lines 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 asses 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 : 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 paving the said improvements shall be assessed against said owners of property abutting on Trinity street in the City of Austin ,between its intersec-tion with East 5th street and its intersection with East 6th street and against the said property ; that said assessment shall be made at the rate of $ 5.7544 per front foot for paving and 40 cents per front foot for curbing in accordance with the " frontfoot" rule or plan ,in proportion to the frontage in the 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 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 the owners of said property Assessment Paving Trinity Street. ✓ --- Page break --- 566 . 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 7th day of August ,1913, 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 madeagainst them and their property ,and as to any other matter or thing connected therewith . At which hearingthe 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 improve-ments and assessment fully ascertained; that after the said hearing shall be closed , said Council will proceed to assess 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 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 date of said hearing . 5. THAT this resolution take effect from and after its passage. Approved, J Bouldin Rector, City Attorney. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. . Councilman Powell offered the following resolution : Resolution approving City Engineers report concerning improvements on Neches 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 hearingand directing that a notice be given to said property owners concerning said hearing. Whereas, the City Council of the City of Austin has heretofore determined to improve Neches street from the north property line of 5th street to the south property line of 6th street by paving the same with the Bitulithic pavement,upon gravel concrete foundation with concrete gutters along curb lines 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 improve-ments upon the said street, the amount per front foot of abutting propertyto be paid by the owners thereof and also the names of persons ,estates or corpora-tions owning property and a statement of the total amount payable by each of said owners for said improvements; and, Caving Naches Direct --- Page break --- 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 : 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 paving the said improvements shall be assessed against said owners of property abutting on Neches street in the City of Austin ,between its intersec-tion with East 5th street and its intersection with East 6th street and against the said property; that the said assessment shall be made at the rate of $ 5. 7544per 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 improve-mentsby the 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 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 7th day of August ,1913, at 10 o'clock A M , at the Council Chamber in the City Hall 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 ,an dwhich 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 assess against owners of property upon said street and their property who shall agree with said Council upon the said assess-ments such sums as may be agreed upon and determined by the Charter of the City and the said ordinance; that as to any such property owner,who may not so agree, the City Council 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 direct-ed to give notice hereof to the said property owners ,their agents and attorneys, by pub- -lication 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. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. The Council then recessed subject to call. --- Page break --- Wagon Sale Tom Louis ✓ July 28th 1913. .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 permit be and is hereby granted to Tom Louis to install, operate and main-tain upon the sidewalk [illegible] the East side of Neches street between 5th and 6th streets a wagon scale . Be it further resolved : That the work authorized under this permit be done under the supervision and with the strict approval of the Supt of Streets and Public Improvements. Be it further resolved : That this permit is granted and must be received as temporary, and revocable at any time in the judgement and pleasure of the City Council . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, A P Wooldridge, Mayor. The Council then recessed subject to call. July 30th 1913. The Council was called to order by Councilman Powell: Present Councilmen Anthony, Haynes & Powell 3 Absent Mayor Wooldridge, Councilman Bartholomew 2 Bids for storm Sewer ¬Councilman Powell presented bids for storm sewer received in response to advertisement ,as follows: F D Horton , J W Moore & Son and Johnson & Carr, which were opened, read and referred to the City Engineer for calculation and report. The Council then.XXXXXXXXXXXXXXXXadjourned, Jas. E. Johnson City Clerk