525 Regular meeting of the City Council : Austin, Texas, June 01, 1916. The Council was called to order by the Mayor : Roll called : Present Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell Absent none: The minutes of the last regular and subsequent recessed meetings wer read and adopted : Reports of City Officers: The Mayor laid before the Council the reports of the Inspector of Weights & Measures, the Public Weigher for the month of May 1916, and that of the Supt Water & Light Dept for April 1916, which were read and ordered filed : Unfinished business : W. 9th Street Paving The Mayor laid before the Council a resolution ordering the improvement of a certain part of West 9th street ,in the City of Austin, and approving specifications,proposal, contract and bond therefor,which resolution was read on the 25th day of May 1916, and laiHeawerfor Waedver&GeTheCouncilmenAnthony&Bartholomew Haynes&Powell&Langlote3 laid over for one week. The resolution was then passed by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Approved , A P Wooldridge, Mayor: Fire Dept. Budget .The Mayor laid before the Council the following resolution,which had been presented and read the first time on the 24th day of May 1916: Resolved by the City Council of the City of Austin,Texas: That leave be and is hereby granted to the Mayor to substitute for the budget of the Fire department for the year 1916 heretofore presented , a budget for the Fire department for a like amount , with a difference only that the items vary from those in the regular budget ,which new amended list of appropriations bears date Austin, Texas, May 24th 1916. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Bartholomew, Haynes & Powell 4 presen Absent Councilman Anthony 1 Approved, A P Wooldridge, Mayor. Driver Licenses Applications for licenses to drive service cars were presented from the following persons, and on motion referred to Councilman Anthony for investigation and report,viz : Fred Sawyer, Clyde Lipscomb, Buck Wells & Emory Hornsby. The Mayor laid before the Council the following communication: Austin, Texas, June 1st 1916. Mayor Wooldridge and Council: Gentlemen : I would appreciate the Council refunding me the unearned portion of license fee paid on two jitneys that I have discontinued. W B Calloway Jitney license Under the original ordinance I took out license for three cars ,but only applied for one car when amendment went into effect and am now inly running one car. The two cars withdrawn were only run three weeks .The amount now held by the City Tax Collectors is $ 50.00,or $ 25.00, for each of the cars withdrawn. Respectfully, W B Calloway. The petition was granted by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. --- Page break --- Sewer W 12th St W Avenue Sewer W 9th St Lynn St Sewer Blanco St Sewer W 11th St Ruiz & Baylor St Refunding Bond Ordinance X --- Page break --- 527 prevailed by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. The ordinance was then read the third time and passed by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. June 2nd 1916: Powell absent: The Mayor laid before the Council the following resolution : Resolution approving City Engineers report concerning improvements upon West 9th street in this City, from the West property line of Lavacca street ,to the east curb line of Guadalupe street,and directing a hearing to property owners concerning the assessment for Owing to waste 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, Texas,has heretofore determined to improve West 9th street,from the West property line of Lavacca street ,to the East curb line of Guadalupe street, in the City of Austin, Texas, by paving the same with 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, Texas, 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 corporationsowning 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 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 making the said improvements shall be assessed against said owners of property abutting on West 9th street ,in this City, from the west property line of Lavacca street, to the East curb line of Guadalupe street, and against said property that the said assessment shall be made at the rate of $3.6764 per fron foot of such prop-ertyin accordance with the "front foot" rule or plan in proportion as the frontage of each owner on each block or 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 or 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 case 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. --- Page break --- 528 3. A hearing shall be given before the Council to said property owners on the 15th day of June A D 1916, 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 assessment proposed to be made against them and their property, and as to any other matter or thing connected there -with .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 connec -tion 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; and that as to any such property owners who may not so agree, the City Council will, after said hearing, appoint 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 Texas, is hereby directed to give notice hereof to the said property owners their agents and attorneys by publication of a copy of this resolution notless 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 hearing. 5. That this resolution shall take effect from and after its passage. Adopted the 2nd day of June A D 1916. Approved the 2nd day of June A D 1916. A P Wooldridge, Mayor. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew & Haynes 4 Absent Councilman Powell 1 June 6th 1916: All present: Councilman Bartholomew offered the following resolution : Resolved by the City Council of the City of Austin, Texas : That the Supt of Parks and Public Property of the City of Austin, Texas, be and he is hereby authorized to purchase and have installed on Congress Avenue from the bridge over the Colorado River to 11th Street in this City a new lighting system ,known as the " Luminous Arch " with the necessary lamps ,rectifyer and other equipment required to complete the System, and Be it further resolved by the City Council of the City of Austin : That the sum of three thousand ($ 3,000.00) dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of the Earnings fund of the Water, Light and Power department to pay for the same. The resolution was adopted by the following vote: Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none: Approved, A P Wooldridge, Mayor. New street lights Authorized --- Page break --- 520 Applications for Drivers licenses were presented from the following named persons,viz: Jesse N Bingham, 1st street City. Fred Sawyer, 2700 East 13th street. Buck Wells, 306 West 14th street. Emory Hornsby,102 West 7th street. Jack Wallace, 900 East 2nd street. Clyde Lipscomb,93 East Avenue. The applications were granted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none: Drivers Licenses The Mayor laid before the Council the following resolution : Resolution granting to Bryant Davis the privilege and license to operate a jitney. Sectionl. That the application of Bryant Davis for the privilege and license to operate as a jitney the following described autimobile, to-wit : Trade name & Type, Factory number, Horse power, County license No Seatingcapacity Ford, 995056, 20, 2184, 5 be and the same is hereby granted as herein stated for the period of one yearfrom and after the date of the license to be issued hereunder, but subject to all the conditions and provisions of the ordinances of the City of Austin regulating jitneys and street traffic in general; provided, that no right shall accrue hereunderuntil said license is actually issued, and in case of any variation from the application ,acceptance of the license issued in conformity with this resolution shall be deemed an amendment to such application Section2. That the bond,with the Western Indemnity Company as surety,tendered by applicant ,is hereby approved, and the Mayor is hereby authorized and instructed to give evidence of such approval by his official signature appended to said application. Sebtion 3. That the schedule by which said autimobile is th be operated as a Jitney is as follows : The said autimobile shall be run regularly over the entire route and only between the termini stated below ,from 10 O'olock A M to 12 O'olock P M ,daily, leaving the terminus at the intersection of 31st street with Guadeloupe street and the terminus at the inter-section of 5th street with Congress Avenue street at intervals of not more than twenty minutes over the following streets,and no others, between said termini Congress Avenue bet between 5th & 19th ; 19th between Congress Avenue and Guadeloupe; Guadeloupe between 19th & 24th;24th between Guadeloupe & Whitie;Whitis between 24th & 27th; 27th between Whitie & Speedway; and Speedway between 27th & 31st sts. 4 . That the City Tax Assessor & Collectorshall issue such license upon the payment by said applicant of the license fee required by ordinance, and after the approval by the Mayor of said bond. Approved: J Bouldin Rector, City Attorney. Passed and approved: June 6th 1915. A P Wooldridge, Mayor. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none. Bryant Davis Jitney License --- Page break --- 520 . Councilman Bartholomew offered the following resolution : Resolved by the City Council of the City of Austin, Texas: That the Supt of Parks and Public Property of the City of Austin, Texas, be and he is hereby authorized to purchase and have installed on Congress Avenue from the bridge over the Colorado River to 11th street in this City a new lighting System See June 595 June 1st 1916: Mayor Wooldridge offered the following resolution : Resolved by the City Council of the City of Austin, Texas : That the sum of $ 45.85 ,be and the same is hereby appropriated out of the General Contingent fund of the City of Austin, Texas, as a refund to W B W.B. Calloway Calloway for license fees paid be him for two jitney cars ,the use of which Jitney license he has discontinued.The full amount paid in by the said W B Calloway for two refunded jitney cars was $ 50.00, and as his use of these two cars was for about a month ,a refund has been made to him for eleven -twelfths of the whole amount paid in ,which eleven- twelfths ,or eleven months , refund is $ 45.85. The resolution was adopted by the following vote : Yeas Mayor Wooldridge, Councilmen Anthony, Bartholomew, Haynes & Powell 5 Nays none, Approved, A P Wooldridge, Mayor: June 2nd, Councilman Bartholomew offered the following resolution : Resolved by the City Council of the City of Austin, Texas : That the sum of $ 61.00, or so much thereof as may be necessary,be and the same is hereby appropriated out of the miscellaneous fund in the budget of the Water, Light & Power department of the City of Austin, Texas, to pay for the Pat Cain Rail road fare of Pat Cain ,Foreman of the Pipe lines of the Water & Light expenses to department ,to and from New York City to attend the convention of the National Convention Water Works Association of the United States to be held in that City beginn-ing on the 5th day of June 1916. 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. Fred Johnson City Clerk --- Page break --- Mayor Wooldridge laid before the Council the following resolution: "RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS: That the agreement set out in the document written below and bearing date May 29th, 1916, and signed by HOLGER, JOSSER & WILLAMAN by T. J. Grace, their agent, and the supplemental agreement thereto likewise written below and bearing date June 2nd, 1916, and both of which documents are made a part hereof, be and the same are hereby accepted, agreed to, ratified and approved as an act of the City Council of the City of Austin, Texas: "Austin, Texas, May 29th, 1916. We hereby agree to purchase $1,170,000.00 of Austin Refunding bonds now bearing four per centum (4%) interest, dated July 1st, 1901, and due at thirty (30) years, for the price of four and three-fourths per centum (4-3/4%) interest at par, plus a premium of Six Thousand Dollars ($6,000.00) upon the amount of par of these bonds. These bonds are to be made serial and payable at the rate of Forty Thousand Dollars ($40,000.00) per year. We agree to pay all expenses of printing these bonds and expressing same both ways, to and from Austin, Texas. We agree, also, to pay for the opinion of the attorney who is to pass upon the validity of these bonds, and any and all other expenses incident to the refunding and exchange of these bonds. We, also, agree to waive for the now bonds we are to purchase, all lien upon the net proceeds of the Water, Light --- Page break --- and Power Department of the City of Austin, Texas, for the payment of said new bonds. We, also, here deposit with the Mayor of the City of Austin to carry out the provisions of this bid a cashier's check in the amount of Twenty-three Thousand, Four Hundred Dollars ($23,400.00) issued by the American National Bank of Austin, Texas. (Sgd) Bolger, Mosser & Willaman. By (Sgd) T. J. Grace, Agent." "Austin, Texas, June 2,1916. Hon. Mayor & Councilmen, Austin, Texas. Gentlemen: We agree to purchase a proposed issue of $1,170,000 Refunding Bonds of the City of Austin, Texas, to be dated July 1, 1916; to mature $39,000 each year from July 1st, 1917, to July 1st, 1946, inclusive, denomination $1,000.00 bearing interest at the rate of 4-3/4%, both principal and semi-annual interest payable at the NATIONAL CITY BANK, NEW YORK CITY, at par ($1,170,000) accrued interest from date of bonds to date of delivery, and in addition thereto, we agree to pay a premium of $8,000.00. We further agree to furnish blank bonds for signatures of proper officials free of charge, and pay the cost of securing the opinion of our attorneys on the legality of the issue. Prior to the delivery of the bonds to us in Chicago, we are to be furnished with certified copies of all necessary papers to secure the unqualified approving opinion of our attorney, Chas. D. Wood. You agree to publish, in accordance with the law, legal notice of the call for payment of these bonds on July 1st, 1916, at the NATIONAL CITY BANK, NEW YORK CITY, and we agree to deposit the necessary funds in said bank to take up and pay for such of said bonds at par as may be presented on July 1, 1916, and carry -2- --- Page break --- same for the city at the rate of 5% interest until such reasonable time as the new refunding issue can be registered by the State Comptroller and exchanged for this proposed issue of Refunding Bonds dated July 1st, 1916, and you are to allow us 5% interest on all bonds presented in New York after July 1, 1916, while in transit to Austin. You agree to make all possible effort to have this old issue of Refunding Bonds dated July 1st, 1901, presented promptly for payment on July 1st, 1916, at the National City Bank, New York City. The premium offered hereinabove is to be paid by us pro rata as the new issue of Refunding Bonds is delivered to us and we are to pay the necessary expenses of delivery of said bonds to us in Chicago. As evidence of good faith on our part that we will carry out the terms of this bid, we hand you herewith Cashier's Check on the American National Bank, Austin, Texas, for $23,400.00, this check to be returned to us should we not be able to secure the approving opinion on this bond issue of our attorney, Chas. B. Wood. SUBMITTED BOLGER, MOSSER & WILLAMAN By (Sgd) T. J. Grace, Agent. The above refused bid was given to Chas. & Friden and time asked for one week -3-