Austin Settles Lawsuit, Adjusts Curb Line
Lawsuit Settlement:
Austin City Council approved a $2,764 settlement with Patton Auto Livery & Transfer Company, resolving a lawsuit over license fees for operating "automobiles for hire."Property Curb Adjustment:
Following an inspection, a specific curb line on San Jacinto Street was re-established for a citizen's property, reverting its placement to an older stone curb location.Major Excavation Bid:
The Council considered a significant construction proposal from Dozier Construction for extensive rock and earth excavation, conditioned on the company also being awarded the associated paving work.
Full Transcript
196 To the City Manager, City of Austin, Техає. Dear Sir: Pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do all work, furnish all the necessary labor, equipment and material, and to complete all work upon which he bids as provided by the attached specifications, and binds himself, on acceptance of his proposal for performing and complet- ing of said work within the time stated for the following unit prices, to wit: It is understood that the following quantities of work to be done are approximate only, and are intended to serve as a guide in comparing the bids. It is further agreed that the quantities of work to be done and material to be furnished may be increased or decreased, as may be considered necessary in the opinion of the City Engineer to complete the work fully as planned and contemplated, and that all quantities of work to be done and material to be furnished, whether increased or decreased, are to be performed at the unit prices set forth below, except as provided in the specifications. 400 cubic yards solid rock excavation for -------- $2.00 per cubic yard. 8,000 cubic yards unclassified excavation to include loading into wagon or free haul up to 250 linear feet for --- .50 per linear foot. 6,000 cubic yards excavation hauled not to exceed 1500 linear feet for - per cubic yard. .07 3,000 cubic yards excavation hauled extra quarter mile in excess of first 1500 linear feet for -- per cubic yard. .06 The undersigned bidder agrees to begin work within twenty (20) days after written notification from the Engineer and to operate continuously until the entire work is completed. I, or we, herewith tender ADAM R. JOHNSON, CITY MANAGER, Austin, Texas, a certified check in amount of Three hundred and Fifty Dollars ($350.00), made payable to ADAM R. JOHNSON, CITY MANAGER, Austin, Texas, and agree that if the contract is awarded to me, or us, and I, or we, should default in signing the contract and making a satisfactory construction bond witain ten (10) days of the date of the acceptance of the bid, the said check is thereby forfeited to the City of Austin, Texas, as liquidated damages. ATTEST: Ralph G. Campbell, Ass't Secy. (Signed) October 13, 1927. DOZIER CONSTRUCTION COMPANY W. E. Dozier, Prest. This bid is based on an award of the paving also. We do not want the grading alone. (Signed) W. E. Dozier." Councilman Steck moved that the Council recess subject to the call of the Kayor. The motion preveiled upon the following vote: Ayes, Mayor McFadden, Councilman Mueller, Pannell and Steck, 43; nayes, none. The Council then rесеввеd. Councilman Reed absent. OWM Faameed SPECIAL MEETING OF THE CITY COUNCIL: Austin, Texas, October 19, 1927. The Council was called to order cy the Mayor. Roll call showed the following members present: Mayor McFadder, Councilmer. Mueller, Reed, and Steck, 4; absent, Councilmar Pannell. Mayor UcFadden laid before the Council the following resclution: 197 THEREAS, Patton Auto Livery & Transfer Company has heretofore sued the City of Austin in the District Court of Travis County, Texas, for the refund of certain license fees collected by the City for the operation of automobiles for hire, which cause is numbered 44212 on the docket of said Court; and THEREAS, plaintiff has proposed to waive claim for all interest on its demands, in consideration of a settlement of said cause, and plaintiff has proposed to settled said cause for the sum of $2765.25, together with costs of court, which are $8.30; and WHEREAS, the City Council deems it desirable and expedient to settle said cause upon the terms proposed; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the sum of $2764.55 be and the same is hereby transferred from the Water & Light Fund to the General Fund of the City of Austin, and appropriated out of said last named fund for the purpose of settling the matters involved in said cause; and for said purpose a warrant for $2756.25 shall issue, payable to the order of James H. Hart, Attorney for Patton Auto Livery & Transfer Company, and a warrant for $8.30 shall issue, payable to the order of S. A. Philquist, District Clerk, for the costs of court, and said warrants shall be delivered to the respective parties upon their delivery to the City of proper acquittances. Councilman Reed moved the adoption of the above resolution. Motion was seconded by Councilman Mueller and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Reed, and Steck, 4; nays, none, Councilman Pannell absent. Councilman Steck moved that the Council recess, subject to call of the Mayor. Yotion was seconded by Councilman Reed and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Reed, and Steck, 4; nays, none, Councilman Pennell absent. The Council then recessed. Approved Wadden Mayor. REGULAR MEETING OF THE CITY COUNCIL: Austin, Texas, October 20, 1927. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor McFadden, Councilmen Mueller, Pannell, and 3teck, 4; aksent, Councilmer. Reed. The Minutes of the last meeting were read and Councilman Mueller moved the adoption of cume. Motion prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Steck, 4; rays, none, Councilman Reed absent. 7. D. Hart, Attorney for Miss Hertha E. Von Boeckmann, was heard with reference to curb line in front of property owned by Miss Von Boeckmann on San Jacinto Street Yayor McFadden and Councilman Mueller having made an inspection of the proposed curb, Mayor McFadden moved that the curb line be estaciished on the approximate location of the old stone curb, instead of the curc line heretofore established by action of the City Council on