102 Regular meeting of the City Council: Austin, Texas , August 20, 1914: The Council was called to order by the Mayor: Roll called: Present Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 4 Absent.XXCouncilman Haynes 1 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 report of the Supt of streets, for dis-bursement s from the Permanent street improvement fund, and for the Sanitary Sewer fund for July 1914, the City Sexton and the Inspector City Hospital build-ing for July 1914, which read and filed. Unfinished business: The Mayor laid before the Council An ordinance prescribing specifications for concrete sidewalks, curbing and gutters and repealing all provisions of the present ordinance or resolutions of the City of Austin in conflict therewith. Sidewalk Ordinance The ordinance was read the third time and passed by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew & Powell 4 Absent Councilman Haynes 1 Councilman Powell offered the following resolution: Whereas, the amount of appropriation inserted in the original form ordering the work on east 9th street , from the east line of Brazos street to the west curbline of Trinity street , -viz, $ 1,500.00 was not sufficient , and not in accordance with estimate made by City Engineer's dept, Therefore, Additional appropriation Filing & grading Be it resolved by the City Council of the City of Austin, Texas: That an additional amount of fifteen hundred ($ 1,500.00) dollars be and the same is hereby appropriated out of the Permanent Street fund , making a total appropriation of three thousand ($ 3,000.00) dollars for this work. The resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, .MMXX ' & Powell 4 Absent Councilman Haynes 1 Councilman Powell offered the following resolution: Be it resolved by the City Council of the City of Austin, Texas: Sidewalk Ledbetter & Greathouse That Ledbetter & Greathouse be and they are hereby authorized to place their sidewalk on the 6th street side of their property from Patterson Avenue east against the wall located on their property line instead of placing this sidewalk in the position required by usual regulations. The resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, & Powell 4 Absent Councilman Haynes 1 Approved, A P Wooldridge, Mayor. --- Page break --- 107 • Councilman P owell offorod the following resolution : Resolution approving City Engineer ' s roport concornning improvements on 16th 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: Paving 16th Street Engineer Report received & adopted. Whereas, the City Council of the City of Austin has heretofore determined to improve 16th street from the line of Congress Avenue to the west line of Sabine street by paveing 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 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 writingwith the City Council, showing the total amount 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 of 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 16th street in the City of Austin, between Congress Avenue and Sabine street and against the said property; that the said assess-ment shall be made at the rate of $ 2. 876 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 apportion-ment 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 such stantial equality and justice between said property owners , considering benefits received by and burdens imposed upon said owners , and that in 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 Thursday September 3rd 1914, at 10 O'clock A M ,at the Mayor's Office 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 heardas to all matters concerningthe said improvements or any irregularity or invalidity in the proceedings with reference thereto. --- Page break --- 19 . 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 improvements and assessments 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 said assessments ,such sums as may be so agreed upon and determined as provided by the Charter of the City and said ordinance ; that as to any other such property owners who may not so agree, the City Council will, after said hearing ,have appointed a Commission to determine said assess-ments , and will take such further steps in ascertainment thereof as are pro- -vided 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 or attorneys , by publication of a copy of this resolution not less than twice in the Austin American , 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. The resolution was adopted by the following vote : Yeas Mayor Woolridge, Councilmen Anthony, Bartholomew& Powell 4 Absent Councilman Haynes 1 Paving 9th Street Councilman Powell offered the following resolution : Engineers Report Resolution approving City Engineer’s report concerning improvements on 9th street ,in the City of Austin, and directing a hearing to property owners concerning the assessments for a part of the costs of such improvement 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 determi-ned to improve 9th street from the east line of Brazos street to a point 10 feet east of the west line of Trinity 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 such 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 amount of the said improvements upon the said street, the amount per front foot of abutting property to be paid by owners thereof and also the names of persons ,estates or corporations owning property and a statement of the amount payable by each of said owners for said improvements; and --- 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 notice of 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 9th street in the City of Austin, between Brazos street and Trinity street and against the said property; that the said assessment shall be made at the rate of $ 3.8361 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 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 improvements. 3. That a hearing shall be given before the Council to said property owners on the 3rd day of September at 10 O'clock A M, at the Mayors Office 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, [illegible], and as to any othermatter or thingconnected 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 assessments 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 sum as may be so agreed upon and determined as provided by the Charter of the City and said ordinance; that as to any such property owner who may not so agree, the City Council will, after said hearing, have appointed a Committee 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 or attorneys, by publication of a copy of this resolution not less than twice in the Austin American, a daily paper of general circulation in the City of Austin, the first publica-tion 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. --- Page break --- 190 . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew & Powell 4 Absent Councilman Haynes 1 The Council then adjourned. G. O. Johnson City Clerk