277 . Regular meeting of the City Council : Austin, Texas, December 02, 1915. 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 adopted. Reports of the City Officers: The Mayor laid before the Council the report of the Sanitary Inspector for the months of Sept & Oct 1915, the Supt of the Water & Light Plant ,for the month of October and the Assessor & Collector & the Public Weigher for Novr 1915, which were read and ordered filed. Councilman Anthony presented bids for Laundry work at the City Hospital,from the Model Laundry & the Driskill Laundry,which were read and referred to Councilman Anthony and Dr Woolsey for investigation and report. Councilman Anthony offered the following resolution : Whereas, Dr R V Murray ,Asst City Physician,represents that Victor Serena ,convicted of An Assault in the Corporation Court of the City of Austin, Texas, in cause No 10054, is sick and should be released from custody ; and Whereas, the said Victor Serena,has already worked out ten ($10.00) dollars of the fine and costs of $ 19.80 imposed upon him by the Corporation Judge of said Court; Now, therefore, Resolved by the City Council of the City of Austin, Texas : That for the foregoing reasons ,the balance of the fine and costs in this cause, amounting to $ 9.80,be and the same is hereby remitted. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Victor Serena fine remitted Councilman Anthony offered the following resolution : Whereas, Sydney Thomas, a negro, was on Oct 27th 1915, fined $ 66.80 ,for vagrancy, in the Corporation Court of the City of Austin, Texas, in cause No 9984.; and Whereas, $ 33.00 of the amount of the fine and costs imposed in this case have been worked out ,leaving a balance of $ 33.80 owing ;and Whereas, said Sydney Thomas, is represented to the City Council as not in good health and Whereas, the penalty already imposed seems in this case to be adequate punishment, Now, therefore, Be it resolved by the City Council of the City of Austin, Texas : That the balance of the fine and costs ,amounting to $ 33.80, in cause No 9984, State of Texas vs Sydney Thomas, be and the same is hereby remitted. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Sydney Thomas fine remitted Councilman Anthony offered the following resolution : Resolved by the City Council of the City of Austin, Texas : That , in consideration of the facts of the cases made apperent to the City Council by the statement of the Assistant City Attorney, Mr H B Barnhart, which statement is attached to this resolution and directed to be deemed a part of the same ,the fine and costs imposed against John Pena in cause NO 10095,State of Texas vs John Pena,in the Corporation Court of Jno. Pena fine remitted. --- Page break --- 378 .the City of Austin,Texas,which fine and oosts amount to $ 19.80,be and the same are hereby remitted. The resolution was adopted by the following vote : Yeas Mayor Woolridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved, A P Wooldridge, Mayor . The Mayor laid before the Council the following resolution : Be it resolved by the City Council of the City of Austin, Texas : That the sum of $ 18097.00, be and the same is hereby transferred from the Permanent Street Improvement fundof the City of Austin, Texas, to the General Street fund of said £tyfor the purpose of reimbursing said fund for this amount expended for repairing damages cause d by the flood of April 22nd,1915,and Be it further resolved : That the City Treasurer and the Book-Keeperfor the Sewer and Street Departments of the City of Austin, Texas, be and they are hereby authorized and instructed torake said transfer on their books. The resolution was adopted by the following vote : Yeas Mayor Woolridge,Councilmen Anthony, Bartholomew, Haynes & Powell S Nays none, December 3rd 1915: TheTheuMaytrwasaalledtobedorethes£uhi£heMayor,£ollowing aallmenMembers present: The Council was called to order by the Mayor, with all members present: The Mayor laid before the Council the following call for a special meeting of the Council : Austin, Texas December 3rd 1915. Hons W B Anthony,E C Bartholomew, H L Haynes & P W Powell,Councilmen of the Ciy of Austin, Texas : Gentlemen : Please take notice that a special meeting of the City Council is hereby called this day to fix the municipal tax rate of the City of Austin, Texas, for the year 1915. Respectfully , [illegible] Mayor. The Mayor laid before the Council an ordinance fixing the tax rate of the City of Austin,Texas. for the year A D 1915. The ordinance was read the first time and a motion made to suspend the ru&r and place it on its second reading, which motion prevailed by the following Vote; Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell Nays none: The ordinance was read the second time and a motion made to suspend the rule and place it on its third reading and final passage, which motion prevailed by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none: The ordinance was read the third time and passed by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none --- Page break --- December 2nd 1915. All present: Councilman Powell offered the following resolution : Resolution approving City Engineer's reportconcerning improvements on Red River 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 for said hearing and directing that a notice be given to said property owners concerning the same hearing: Whereas, the City Council of the City of Austin has heretofore determined to improve Red River street from the north property line of 6th street to the south property line of 7th street by paving the same with Bitulithic pavement upon gravel concrete foundation, with concrete gutters along curb lines and necessary excavation ,and has adopted speci-fications for said work, and has entered into contract for the same with the Texas Bitu- -lithic Company ,a corporation; and Whereas, the City Engineer of the City of Austin has this day filed his reportin 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 improvements 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 saidreport 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; Now, therefore, Be it resolved by the City Council of the City of Austin, Texas : That the said report of the City Engineer be,and the same is hereby, approved and adopted . That a portion of the cost of making 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 6th street and its intersection with East 7th street,and against the said property; that the said assessment shall be made at the rate of $ 5.5147 per front foot of such property,in accordance with the " Front Foot"rule or plan in propor-tion as the frontage of each owner in each block of said street is to the whole 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 assess-ment 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 sub-stantial 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. That a hearing shall be given before the Council to said property owners on the 18th day of December ,1915, 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 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. Paving Red River Street Notice of Hearing property owners. --- Page break --- 380 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 fully heard, and all matters in connection with the said improvement and assessment fully ascertained; that after the said hearing shall be closed, said 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 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 hearing, appoint a commission to determine said assessments, and will take such further steps in ascertain-ment thereof as are provided by the Charter and Ordinance. 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 Statesman, 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. That this resolution shall take effect from and after its passage. 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 Engineers report concerning improvements on Red River 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 Red River street from the south property line of 7th street to the south property line of 16th street by paving the same with Bitulithic pavement upon gravel concrete foundation with concrete gutters along curb line and necessary excavation, and has adopted specifications for said work and has enter-ed into contract for the same with the Texas Bitulithic Co, 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 prop-erty to be paid by the owners thereof and also the names of persons, estates or corporations owning property abutting on said improvement, with a descrip-tion 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-ments 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 case made and provided, and after the notice and hearing provided by said Charter and Ordinance; --- Page break --- .Now, therefore, Be it resolved by the City Council of the City of Austin, Texas : That the said report of the City Engineer be, and the same is hereby approved and adopted. That a portion of the cost of making the said improvements shall be assessed against said said owners of property abutting on Red River street in the City of Austin between its inter-section of East 7th and its intersection with East 16th streets, and against the said property; that the said assessment shall be made at the rate of $ 3.6764 per front foot of such property in accordance with the "Front Foot" rule or planin proportion as the frontage of each owner in each block of said street is to the whole frontage in that block 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 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 sais 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 mean of said improvement. That a hearing shall be given before the Council to said property owners on the 18th day of December, 1915, 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 and 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 owner shall have the right to produce witnesses and testimony, and which hearing shall be ad-journed from time to time und 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 against owners of p property on 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 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 committee to determine said assessments, and will make such further steps in ascertainment thereof as are provided by the Charter and ordinance. 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 Statesman, a daily paper of general circulation in the City of Austin, the first publication to be notless than five days prior to the date of hearing. That this resolution take effect from and after its passage. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved , A P Wooldridge, Mayor. --- Page break --- 382 Thos Spence & wife Land purchased December 4th 1915. The Mayor laid before the Council the following resolution : Resolved by the City Council of the City of Austin, Texas : That the sum of twenty five ($25.00) dollars be and the same is hereby appropriated out of the General Contingent fund of the City of Austin, Texas to pay for a tract of land, approximately 19 X 136 feet ,encroaching upon East Avenue in this City and sold to the City of Austin this day by Thomas Spence and Wife. For particulars of this transaction see deed dated December 4th 1915, from Thomas Spence and Wife to the City of Austin . The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none, Approved, A P Wooldridge, Mayor. December 6th 1915. .Councilman Powell offered the following resolution : Be it resolved by the City Council of the City of Austin, Texas : That the sum of one thousand three hundred and forty(1,340.00) dollars,be and the same is hereby appropriatedout of the Sanitary Sewer bond fund for the purpose of doing the following sewer construction work : On Red River street between 6th and 16th streets to construct seven manhole lay 240 feet of 6 inch pipe line and install 32 house connectionsstubs at a Sewer work cost of $ 585.00 approved In the alley between Red River and Neches streets from 23 1/2 street to 24th street to construct an 8 inch pipe line of 450 feet in length at a cost of 250.00 In the alley between Red River and Neches streets from 23/1/2 street to 23rd street to construct a 6 inch pipe line 320 feet in length at a cost of $ 150.00 In the alley north of 26 1/2 street between Wooldridge street and Speedway to construct a 6 inch extension of 125 feet in length at a cost of $ 45.00 In the alley south of 1st street east from Canadian street to construct a 6 inch pipe line of 240 feet in length at a cost of $ 160.00 In the alley between Spence and Taylor streets east from San Marcos street to construct a 6 inch sewer line 375 feet in length at a cost of $ 150.00 The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none, Approved, A P Wooldridge, Mayor. --- Page break --- December 2nd 1915. ..The Mayor laid before the Council the following resolution : Resolved by the City Council of the City of Austin, Texas : That a permit be and is hereby granted to Jesse J Smith, to install and maintain one Bowser gasoline tank of the capacity of 175 gallons, to be approved by the Supt of Police and Public Safety ,under the sidewalk at NO 3000 Guadeloupe street in this City . Resolved further : That in connection with this gasoline tank hereby authorized to be installed ,the said Jesse J Smith is likewise authorized to unstall and maintain a gasoline pumpto be located at the curb line in front of No 3000 Guadeloupe street,at a position to be designated by the Supt of Streets and Public Improvements;said gasoline pump to be of the most modern and approved fashion, character, construction and design,and subject to the approval of the Supt of Police and Public Safety. Resolved further : That said Jesse J Smith shall install and maintain at the top and upon the gasoline pump hereby authorized, an electric light of not less than 40 watt power and placed in a globe of not less than ten inches diameter,which electric light must be kept illuminated not less than three hours daily ,between the hours of six and twelve o'clock P M . Resolved further : That the hose through which air, gasoline ,or any other iel or volatile substance is conveyed by pumping or otherwise ,from the store house at 3000 Guadeloupe ,or from the tank authorized to be placed in front of same ,must be kept, when not in actual use, neatly coiled and stored ,either in the receptacle in the sidewalk provided for such hose,or in the receptacle in the pump authorized to be installed and provided for the storing of said hose. Resolved further: That the work under this resolution authorized to be installed and maintained must be installed and maintained ,hoMXX where not otherwise assigned ,under the immediate supervision of the City Engineer of the City of Austin, Texas, who is hereby authorized to prescribe necessary specifications for the work herein authorized to be done. Resolved further and finally: That this permit is granted and must be accepted as revocable at any time in the 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 adjourned. Jno. Johnson City Clerk