264 REGULAR MEETING OF THE CITY COUNCIL: Austin, Texas, May 30, 1929. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor McFadden, Councilmen Mueller, and Pannell, 3; absent, Councilmen Reed and Steck, 2. The regular order of business was suspended in order to consider bids for the construction of storm sewers on Perdenales, Holley and 34th Streets. The following bids were then opened and readi McKenzie Construction Co. Elder Construction Co. J. B. Mooreary Co. Kirkwood, Wharton & Lee L. E. Whitham Company. Frank Parrott Janes Contracting Co. A. Bid based on using B.Bid based on 71-0 x 71-6 Horseshoe and 416x57" Horseshoe Sections. using 710x716" Horseshoe Section and 60" Drecast Pipe $170,468.25 $177,866.25 172,961.87 168,664.87 176,267.10 189,788.85 179,144.70 179,144.70 180,425.15 183,844.00 194,698.25 NO BID 197,814.19 201,481.65 Using this Elder Construction Company submitted an alternate bid by letter based on using 90 plain circular section in place of 7'0x716" horseshoe. alternate their bids were as follows: 4.#171,234.37 2.$166,937.37 The above bids were referred to H. R. F. Helland, Consulting Engineer, for tabulation and report to the Council at 3:00 P. M. The Minutes of the last meeting were read and Councilman Mueller moved the adoption of same. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, and Pannell, 3; nays, none, Councilmen Reed and Steck absent. The Mayor laid before the Council the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of Three Thousand Dollars ($3,000.00) be and the same is hereby transferred from the General Fund to the Parke and Playgrounds Bond Fund; said amount to be repaid the General Fund out of money to be received from the sale of Parks and Playgrounds Bonds. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, and Pannell, 3; naye, none, Councilmen Reed and Steck absent. The Mayor laid before the Council the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of Five Thousand Dollars ($5,000.00) be and the same is hereby transferred from the General Fund to the Street Improvement Bond Fund; said amount to be repaid the General Fund out of money to be received from the sale of Street Improvement Bonds. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, and Pannell, 3; nays, none, Councilmen Reed and Steck absent. Letters from the Board of City Missions Austin Methodist Churches and Woman'e Missionary Society First Methodist Church, protesting against the establishment of a Mexican playground upon property owned by the Catholic Church, were read and ordered filed. The Mayor laid before the Council the following ordinance: ORDINANCE OF THE CITY OF AUSTIN, TEXAS DECLARING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF ELMWOOD STREET FROM THE EAST LINE OF DUVAL STREET TO THE WEST LINE OF HARRIS PARK AVENUE, IN THE CITY OF AUSTIN, LETTING CONTRACT THEREFOR, APPROVING CONTRACT AND BOND, AND PROVIDING FOR THE PAYMENT OF THE COST THEREOF, AND DECLARING AN EMERGENCY. The above ordinance was read the first time and laid over. The report of H. R. F. Helland, Consulting Engineer, showing the estimated cost of improving West Fifteenth Street from the west property line of Congress Avenue to the east property line of West Avenue, and Rio Grande Street from the north property line of Twenty-eighth Street to the south property line of Twenty-ninth Street, was read and ordered filed. The Mayor laid before the Council the following resolution: RESOLUTION APPROVING AND ADOPTING ESTIMATE OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF WEST FIFTEENTH STREET AND PORTIONS OF SUNDRY OTHER STREETS IN THE CITY OF AUSTIN, TEXAS, FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY, AND DIRECTING THE CITY MANAGER TO GIVE NOTICE. WHEREAS, the City Council of the City of Austin has heretofore ordered that the hereinbelow mentioned portions of highways be improved by raising, grading and filling, and installing concrete curbs and gutters, and by paving with 2 inch Warrenite Bitulithic Wearing Surface on a five inch concrete base, with necessary appurtenances, and contract therefor has been made and entered into with Southwest Bitulithic Company; and, WHEREAS, the City Council has caused the City Engineer to prepare and file estimates of the cost of such improvements, and estimate of the amounts per front foot proposed to be assessed against abutting property and the owners thereof, and such estimates have been examined. I. Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That such estimates be and they are adopted and approved. II. That it is hereby found and determined that the cost of improvements on each such portion of highway, with the amount or amounts per front foot proposed to be assessed for such improvements against the abutting property and owners thereof, on each such portion of street or highway are as follows, to-wit: West Fifteenth Street from the west property line of Congress Avenue to the east property line of West Avenue, known and designated as Unit or District No. 17, estimated cost of improvements is $36552.45. Estimated amount per front foot to be assessed for curb and gutter is $.70 (704). Estimated amount per front foot to be assessed against abutting property and its owners for improvements exclusive of curb and gutter is $4.863. Total estimated amount per front foot to be assessed against abutting property and its owners is $5.563. Rio Grande Street from the north property line of Twenty-eighth Street to the south property line of Twenty-ninth Street, known and designated as Unit or District No. 20. Estimated cost of improvements 1в $7349.11. Estimated amount per front foot to be assessed for curb and gutter is $.70 (70%). 265 266 Estimated amount per front foot to be assessed against abutting property and its owners for improvements exclusive of curb and gutter is $3.075. Total estimated amount per front foot to be assessed against abutting property and its owners is $3.775. III. That a hearing be given and held by and before the City Council of the õity of Austin, Texas, to all owning or claiming any property abutting upon any of said portions of streets and highways, as well as all owning or claiming any interest in any such property,. Such hearing shall be given and held on the 13th day of June, 1929, at 10 o'clock A. M., in the regular Council meeting room in the City Hall in the Oity of Austin, Texas, and the City Manager is hereby directed to give notice of the time and place of such hearing, and of other matters and facts, in accordance with the terms and provisions of Article XXIV of the Charter of the City of Austin, which Article was added by amendment adopted at an election held on November 24th, 1928. Such notice shall be by advertisement inserted at least three times in a newspaper published in the City of Austin, Texas, the first publication to be made at least ten days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and provisions of said Article XXIV. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, and Pannell, 3; naye, none, Councilmen Reed and Steck absent. The Mayor laid before the Council the following ordinance: AN ORDINANCE TO REGULATE FISHING IN THE CITY OF AUSTIN, AND PRE- SORIBING A PENALTY FOR THE VIO- LATION OF SAME. 4 The above ordinance was read the first time and laid' over. Councilman Pannell moved that the Council recess until 3:00 P. M. Motion was seconded by Councilman Mueller, and same prevailed by the following vote: Ayев, Mayor McFadden, Councilmen Mueller and Pannell, 3; naye, none, Councilmen Reed and Steck absent. Approved We adden Mayor. AFTERNOON SESSION OF THE CITY COUNCIL: Austin, Texas, May 30, 1929. Roll call showed the fol- The Council was called to order by the Mayor. lowing members present; Mayor McFadden, Councilmen Mueller, Pannell, 3; absent, Councilmen Reed and Steck, 2. The Council met for the purpose of awarding contract for storm sewer construction on Perdenales, Holley and Thirty-fourth Streets, bids for which were opened and read at the morning session. Counilman Pannell moved that it appearing that the bid of McKenzie Construct1on Company on horseshoe construction, in the amount of $170,468.25, was the lowest and best bid submitted, that contract be awarded to said McKenzie Construction Company in accordance with said bid. Motion was seconded by Councilman Mueller and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen líueller and Pannell, 3; nays, none, Councilmen Reed and Steck absent. Councilman Pannell moved that the Council recess, subject to call of the Mayor. Motion was seconded by Councilman Mueller and same prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, and Pannell, 3; nays, none, Councilmen Reed and Steck absent. The Council then recessed. REGULAR MEETING OF THE CITY COUNCIL: 267 IV.M Fadden Approved. Mayor. Austin, Texas, June 6.1929. The Counoil was called to order by the Mayor. Roll call showed the following members present: Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steok, 5; absent, none. The Minutes of the last meeting were read and Councilman Pannell moved that same be adopted as read. Motion was seconded by Councilman Steck, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. This being the day set for the hearing of owners of abutting property and others interested with reference to street improvements to be constructed in certain units or districts of improvement as follows: WEST THIRD STREET, from the west line of Congress Avenue to the east line of Nueces Street, known as Unit or District No. 3; WEST FOURTH STREET, from the west line of Colorado Street to the east line of Nueces Street, known as Unit or District No. 4; LAVACA STREET, from the north line of West First Street to the south line of West Fifth Street, known as Unit or District No. 7; all as awarded to the Southwest Bitulithic Company the Mayor thereupon stated that all persons desiring to protest against the levying of assessments against abutting property on any of the above mentioned streets and within the limits above stated, or who desired to be heard with reference to the amount proposed to be assessed against said property and the owners thereof, the lien and liability thereof, the special benefits to the property and the owners thereof or any other matters or things authorized by the provisions of Article XXIV of the Charter of the City of Austin to be urged and considered at this hearing would now be heard from, and thereupon all parties protesting were heard by the Council as follows: Mrs. Virginia Fattore, represented by her daughter, Miss Fattore, protested that in her opinion the amounts of the assessments on West Third and West Fourth Streets against her properties were not proportioned fairly on the basis of the number of railroad tracks in front of each piece; also that she thought it unfair that the property owners should be required to pay for any part of the paving but that the City should bear the cost; and, further, that they were financially unable to pay for same.