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Paving, Property Disputes, and Park Upgrades

Thursday, February 5, 1931 regular
  • Paving Assessments Spark Protest:

    The city approved assessments for new street paving on East Avenue, despite one resident protesting financial inability to pay for the improvements.
  • Utility Expansion Approved:

    Permits were granted for Southwestern Bell to install new telephone pole lines and for Texas Public Service to lay gas mains across multiple city streets.
  • Public Park Enhancements:

    Funds were allocated for beautification projects at Barton Springs and tree preservation efforts in Eastwoods Park.
  • Commercial Development Decisions:

    A permit for a new gasoline station and tourist camp was approved, but another gas station proposal was denied by the council.
  • Historic Street Encroachment:

    The city formally recognized a private property owner's long-standing claim to a portion of Ninth Street due to a fence existing since 1870, impacting public street boundaries.

Full Transcript

374 The foregoing resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. Councilman Reed moved that the following area near the intersection of Twentyninth and Rio Grande Streets shall hereafter be classified as Commercial "O" Use D18- trict on the zoning map of the City, which area is more particularly described as follows: All of Lot No. 3, Block No. 2, Outlot No. 69, Division "D"; Lots Nos. 15 and 16, Block No. 3, Outlot No. 68, Division "D"; Lots Nos. 1, 2, and 3 of Block No. 3; Lots Nos. 1, 2, and 3, of Block No. 2; Lots Nos. 18, 19, and 20, of Block No. 9 of the Leander Brown Addition a part of Outlot No. 72, Division "D" of the City of Austin. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Councilmen Mueller, Pannell, and Reed, 3; nays, Mayor McFadden and Councilman Steck, 2. Councilman Mueller moved that the Council recess, subject to call of the Mayor. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor KoFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. The Council then recessed. REGULAR MEETING OF THE CITY COUNCIL: den Austin, Texas, February 5, 1931. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor McFadden, Mueller, Pannell, Reed, and Steck, 5; absent, none. The Minutes of the last meeting were read and Councilman Mueller moved the adoption of same as read. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; naye, none. 1 This being the day set for the hearing of owners of abutting property and others, i interested with reference to street improvements to be constructed in the certain Units or Districts of Improvement as follows: EAST AVENUE from the north property line of Eighth Street to the north property line of Tenth Street on the west side and the north property line of alley on the east side, known and designated as Unit or District No. P-97; EAST AVENUE from the north property line of Tenth Street on the west side and the north property line of alley on the east side to the south property line of Thirteenth Street, known and designated as Unit or District No. P-98; EAST AVENUE from the south property line of Thirteenth Street to the north property line of Fifteenth Street on the west side and the south property line of Fifteenth Street on the east side, known and designated as Unit or District No. P-99; EAST AVENUE from the north property line of Fifteenth Street on the west side and from the south property line of Fifteenth Street on the east side to the south property line of Sixteenth Street, known and designated as Unit or District No. P-107; 0 375 all as awarded to Southwest Bitulithic Company the Mayor thereupon stated that all persons desiring to protest against the levying of assessments against abutting property on the above mentioned street and within the limits above stated, or who desired to be heard with reference to the improvements 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 the following protest was heard: Miss Lizzie Assmann stated that she was financially unable to pay for the paving. Thereupon Harris Brush was called as a witness, and being duly sworn, testified that he had resided in the City of Austin for several years, that he was well acquainted with the values of the property abutting upon the Unitsor Districts as to which this hearing was being held, that he is acquainted with the type of paving which is proposed to be constructed upon said Units or Districts as to which this hearing was being held, and that in his opinion each parcel of abutting property would be enhanced in value by reason of the construction of the proposed improvements in an amount in excess of the amount proposed to be assessed against the same, as set out on the Engineer's Roll or Statement on file relating to such Units or Districts of Improvement. No other witnesses being offered or desiring to be heard, and no other interested parties or owners having requested to be heard, the Mayor thereupon laid before the Council the following ordinance: ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF EAST AVENUE IN THE CITY OF AUSTIN, TEXAS, FIXING A CHARGE AND LIEN AGAINST PROPERTY ABUT- TING THEREON AND AGAINST THE OWNERS THEREOF, PROVID- ING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF. The above ordinance was read the first time and Councilman Mueller moved a вивpension of the rule and the placing of the ordinance on its second reading. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor Mofadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; naye, none. The ordinance was read the second time and Councilman Mueller moved a further suspension of the rule and the placing of the ordinance on its third reading. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; naye, none. The ordinance was read the third time and Councilman Mueller moved that same be finally pаввед. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steok, 5; nays, none. The Mayor laid before the Council the following resolution: WHEREAS, the Park Board of the City of Austin has recommended that the Davey Tree Expert Company of Kent, Ohio, be employed to trim and treat the trees in Eastwoods Park in order to preserve their natural beauty; now, therefore, 376 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be instructed to enter into a contract with the said Company for the purpose above stated, and that the sum of $300.00 be appropriated out of the Parks and Playgrounds Bond Fund to pay for same. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. The Mayor laid before the Council the following resolution: WHEREAS, the Park Board of the City of Austin has recommended that certain improvements be made at Barton Springs in order to complete the beautification of the bathing pool; and : WHEREAS, the City Council is of the opinion that this work should be accomplished; Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be instructed to proceed with the improvements at Barton Springs as outlined in the recommendation of the Park Board, and that the sum of $6,620.00 be appropriated out of the Parks and Playgrounds Bond Fund. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. The Mayor laid before the Council the following resolution: WHEREAS, the Southwestern Bell Telephone Company has presented to the City Counoil tentative maps and plans showing the proposed construction of its pole lines in the streets in the City of Austin hereafter named, and said maps or plans have been considered by the City Engineer; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Southwestern Bell Telephone Company be and the same is hereby permitted to construct its pole lines in the following streets: (1) A telephone pole line in East Second Street from San Saba Street to Llano Street, the center line of which telephone pole line shall be 74 feet south of and parallel to the north line of said East Second Street. (2) A telephone pole line in Perdenales Street, from East Second Street south to the second alley south of Willow Street, the center line of which telephone pole line shall be 9 feet east of and parallel to the west line of said Perdenales Street. (3) A telephone pole line in the second alley south of Willow from Perdenales Street to San Saba Street, the center line of which pole line shall be l foot south of and parallel to the north line of said alley. That the work and construction of said pole lines including the excavation of the streets and the restoration and maintenance of said streets after said pole lines have been constructed, shall be under the supervision and direction of the City Manager. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. The Mayor laid before the Council the following resolution: WHEREAS, Texas Public Service Company has presented to the City Council tentative maps or plans showing the proposed construction of its gas mains in the streets in the City of Austin hereafter named, and said maps or plans have been considered by the City Council, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Texas Public Service Company be and the same is hereby permitted to lay and construct its gas mains in and upon the following streets: : 377 (1) A gas main in West Twenty-fourth Streetfrom San Gabriel Street to Shoal Oreek Bridge, the center line of which gas main shall be 19) feat north of and parallel to the center line of said West Twenty-fourth Street. Said gas main described above shall have a cover of not less than 32 feet. (2) A gas main in Leon Street beginning at a point 194 feet north of and 6 feet east of the intersection of the center line of West Twenty-fourth Street and the center line of Leon Street. Thence: in a northerly direction, 6 feet east of and parallel to the center line of Leon Street a distance of approximately one block to West Twenty-fifth Street, Said gas main described above shall have a cover of not less than 2 feet. (3) A gas main in that portion of Longview Street that is north of West Twentyfourth Street, beginning at a point 194 feet north of and 10 feet east of the inter- section of the center line of West Twenty-fourth Street and the center line of said Longview Street. Thence: in a northerly direction, 10 feet east of and parallel to the center line of said Longview Street a distance of approximately one blook to West Twentyfifth Street. Said gas main described above shall have a cover of not less than 2 feet. (4) A gas main in Grandview Street beginning at a point 192 feet north of and 8t feet east of the intersection of the center line of West Twenty-fourth Street and the center line of Grandview Street. Thence: in a southerly direction, 8 feet east of and parallel to the center line of Grandview Street a distance of approximately one block. Said gas main desoribed above shall have a cover of not less than 22 feet. (5) A gas main in that portion of Longview Street that is south of West Twentyfourth Street, beginning at a point 192 feet north of and 10 feet east of the inter- section of the center line of West Twenty-fourth Street and the center line of said Longview Street. Thence: in a southerly direction 10 feet east of and parallel to the center line of said Longview Street a distance of approximately one block. Said gas main described above shall have a cover of not less than 22 feet. The Texas Public Service Company is hereby put upon notice that the City of Austin does not guarantee that the space assigned above is clear from other underground utilities, but is based upon the best records we have at hand, and that the minimum depth stated does not have any reference to the fact that greater depths may be required at special points. When the Texas Public Service Company requires definite information upon the ground as to elevations or working pointe from which to base the location of their assignments they shall apply to the City Engineering Department not less than three (3) days before such information is required. The Texas Public Service Company is further put upon notice that they will be required to bear the expense of repairs or replacement of any underground utility damaged during the construction of lines named in this resolution. AND THAT wherever pavement is out in the vicinity of a fire plug, water must be used at intervals during the course of back-filling of the ditches. That the work and laying of said gas mains, including the excavation in the streets and the restoration and maintenance of said streets after said mains have been laid, shall be under the supervision and direction of the City Manager, and under all the pertinent terms and conditions of the certain franchise granted to said Company by the City of Austin. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. Councilman Reed moved that permit be granted to E. M. Bohle to construct and operate a gasoline filling station and tourist camp on his property on the east side of South Congress Avenue about two hundred feet north of Live Oak Street, subject to the approval of plans and specifications for same by the City Engineer and the Safety Committee. Motion was seconded by Councilman Mueller, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; 378 nays, none. Councilman Pannell moved that permit be granted to J. T. Bowman andw. T. Caswell to erect a gasoline filling station at the southwest corner of the intersection of West Avenue and West Twelfth Street, subject to the approval of plans and specifications for same by the Safety Committee. Motion was seconded by Councilman Reed, and same lost by the following vote: Ayes, Councilmen Pannell and Reed, 2; nays, Mayor MoFadden, Councilmen Mueller, and Steck, 3. The Mayor laid before the Council the following resolution: WHEREAS, on June 14, 1916, the City of Austin caused a survey of Block 104, lying between Rio Grande Street on the east and West Avenue on the west, and West Eighth Street on the south and West Ninth Street on the north, in the City of Austin, Texas, for the purpose of ascertaining the true boundary lines of said block, which survey is shown in Field Book 517, on file in the office of the City Engineer, and a plat of said survey is also shown and properly filed in said office; and WHEREAS, said survey shows that the fence enclosing the north side of said blook encroaches on Ninth Street contiguous to same, in the following particulars: At the northeast corner of said block a distance of 1.2 feet north of the true north boundary line of said block and extending west along said street in a straight line to a point at the northwest corner of said block, 3.6 feet north of the true north boundary of same; and WHEREAS, there has been exhibited to the City Council the sworn affidavits of A. Robinson and E. B. Robinson, two reputable citizens of said City, showing that the fence hereinabove referred to, which existed at the time of said survey, was situated upon the same line of the fence that has continuously existed since the year 1870, and that the occupation and use of the property included in said block has extended to said fence line continuously since said year, which sworn affidavits are attached to this resolution and made a part hereof; and WHEREAS, it appears from the facts set forth in said affidavits that the owners of said block have had continuous adverse possession of the premises lying within said fence line as against the City of Austin, and the easement rights of the publ10 to the use of said Ninth Street within the area included in the encroachment above stated for a period of over forty (40) years, and that the legal period of limitation has existed against said rights for a period of more than ten (10) years prior to 1887, at which time the Legislature of the State of Texas passed an Act, suspending 11mitations against cities and towns, on account of the adverse use of the streets thereof; Now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City of Austin hereby recognizes and confirms the facts hereinabove atated, in the particulars that the period of limitation has been completed against said City of Austin, and the public use of said street by the adverse occupation and use of said block within the boundary of said fence line. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Fannell, Reed, and Steck, 5; nays, none. The affidavits referred to in the foregoing resolution are the following: 379 "THE STATE OF TEXAS COUNTY OF TRAVIS. 8 Before me, the undersigned authority, on this day personally appeared A. Robinson and E. B. Robinson, of Austin, Travis County, Texas, well known to me to be credible persons, who after having been by me first duly sworn upon oath depose and say: 1. That they each are now residente of Austin, Travis County, Texas, and have each been such residents for many years, and have each for many years lived in the vicinity of the block on Rio Grande Street between West Eighth and West Ninth Streets, which is known as the Hooper block, and which is Original Block 104, of the City of Austin, Техав. 2. That as early as in the year 1870, the north one-half (1/2) of said block had a residence situated thereon and that said property was fenced on the street sides thereof and particularly on the Ninth Street side thereof, and the occupation and use of said property extended in all particulars, and particularly on the Ninth Street side thereof, to said fence lines. 3. That said original fence, as it existed on the West Ninth Street side of said block as early as 1870, was always maintained by J. A. Hooper, the owner of said block, until it was removed in the year 1928. (Sgd) A. Robinson. E. B. Robinson. Subscribed and sworn to by A. Robinson and E. B. Robinson before me on this the 5th day of February, A. D. 1931. (Seal) (Sgd) E. B. Robinson, Jr., Notary Public, Travis Coun- ty, Texas. The Mayor laid before the Council the following ordinance: ORDINANCE OF THE CITY OF AUSTIN TEXAS, DETERMINING THE NECESSITY FOR LEVYING AN ASSESSMENT AGAINST THE PROPERTY AND THE OWNERS THERE- OF ON ALLEY IN BLOCK NO. FOUR AND SUNDRY OTHER ALLEYS, IN THE CITY OF AUSTIN, FOR A PART OF THE COST OF IMPROVING SAID ALLEYS, AND FIX- ING A TIME FOR A HEARING OF THE OWNERS OR AGENTS OF SAID OWNERS OF SAID PROPERTY, OR OF ANY PER- SONS INTERESTED IN SAID IMPROVEMENTS AS PROVIDED BY THE CHARTER OF THE CITY OF AUSTIN, AND DIRECTING THE OITY MANAGER TO GIVE NOTICE OF SAID HEARING AND EXAMINING AND APPROVING THE ROLL OR STATEMENT OF THE CONSULTING ENGINEER, AND DECLARING AN EMERGENCY. " The above ordinance was read the first time and Councilman Mueller moved a suspension of the rule and the placing of the ordinance on its second reading. Motion was seconded by Councilman Reed, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. The ordinance was read the second time and Councilman Mueller moved a fur ther suspension of the rule and the placing of the ordinance on its third reading. Motion was seconded by Councilman Reed, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; naye, none. The ordinance was read the third time and Councilman Mueller moved that same be finally passed. Motion was seconded by Councilman Reed, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. Reports of Southwest Bitulithic Company and H. R. F. Helland, Consulting Engineer, stating that the paving on Nueces Street from the south line of West Second Street to the south line of West Sixth Street, Paving District No. 26, and on South Congress Avenue from the north line of Nellie Street to Bouldin Creek, Paving District No.P-57, 380 had been completed in accordance with plans and specifications and recommending the acceptance of same, were read and ordered filed. The Mayor laid before the Council the following resolutions: RESOLUTION ACCEPTING STREET IMPROVEMENTS CONSTRUCTED BY SOUTHWEST BITULITHIC COMPANY ON A PORTION OF NUECES STREET IN THE CITY OF AUSTIN, PRO- VIDING FOR PAYMENT OF ANY BALANCE DUE BY THE CITY FOR ITS PORTION OF THE COST OF SAID IMPROVEMENTS AND FOR THE DELIVERY OF CERTIFICATES OF ASSESSMENTS AGAINST ABUT- TING PROPERTY AND ITS OWNERS. WHEREAS, On the 17th day of April, 1930, the City of Austin entered into a contract with Southwest Bitulithic Company whereby said company agreed to construct street 1mprovements upon various portions of streets in the City of Austin, Texas, among which portions of streets was the following, to-wit: NUECES STREET from the south property line of West Second Street to the south property line of West Sixth Street, known and designated as Unit or District No. 26; and WHEREAS, Said contractor has fully completed the street improvements upon said unit or district of improvement above described in accordance with its contract and the plans and specifications made a part thereof and said improvements have been found satisfactory and approved by the Consulting Engineer of the City, and have been found sat- isfactory and in accordance with the contract by the City Council of said City; Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: I. That the street improvements constructed by Southwest Bitulithic Company upon said portion of Nueces Street hereinbefore described be and the same are hereby in all things approved and accepted by the City of Austin. II. That any balance of the portion of cost of said improvements agreed to be paid by the City of Austin be forthwith paid to said contractor, and that the Mayor and Oity Clerk of said Oity of Austin be and they are hereby directed to execute and deliver to said Southwest Bitulithic Company assignable certificates of assessment against the various parcels of property abutting upon said portion of street and the owners of said property as heretofore provided by the ordinance levying assessments against said property and the owners thereof. ! III. That this resolution take effect at once. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; naye, none. RESOLUTION ACCEPTING STREET IMPROVEMENTS CONSTRUCTED BY SOUTHWEST BITULITHIC COMPANY ON A PORTION OF SOUTH CONGRESS AVENUE IN THE CITY OF AUSTIN, PROVIDING FOR PAYMENT OF ANY BALANCE DUE BY THE CITY FOR ITS PORTION OF THE COSTS OF SAID IMPROVEMENTS AND FOR THE DELIVERY OF CERTIFICATES OF ASSESSMENTS AGAINST ABUTTING PROPERTY AND ITS OWNERS. ! 381 0 WHEREAS, On the 6th day of August, 1930, the City of Austin entered into a contract with Southwest Bitulithic Company whereby said company agreed to construct street improvements upon various portions of streets in the City of Austin, Teхав, among which portions of streets was the following, to-wit: SOUTH CONGRESS AVENUE from the north property line of Nellie Street to Bouldin Creek or Station 31/51.1, known and designated as Unit or District No. 57; and WHEREAS, Said contractor has fully completed the street improvements upon said unit or district of improvement above described in accordance with its contract and the plans and specifications made a part thereof and said improvements have been found satisfactory and approved by the Consulting Engineer of the City, and have been found satisfactory and in accordance with the contract by the City Council of said City; Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: I. That the street improvements constructed by Southwest Bitulithic Company upon said portion of South Congress Avenue hereinbefore described be and the same are hereby in all things approved and accepted by the City of Austin. II. That any balance of the portion of cost of said improvements agreed to be paid by the City of Austin be forthwith paid to said contractor, and that the Mayor and City Clerk of said Oity of Austin be and they are hereby directed to execute and deliver to said Southwest Bitulithic Oompany assignable certificates of assessment against the various parcels of property abutting upon said portion of street and the owners of said property as heretofore provided by the ordinance levying assessments against said property and the owners thereof. ΙΙΙ. That this resolution take effect at once. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; nays, none. Reports of L. E. Whitham & Company and H. R. F. Helland, Consulting Engineer, stating that the paving on Alley in Block 59 from the east line of Trinity Street to the west line of Neches Street, Paving District No. 62, had been completed in accordance with plans and specifications and recommending the acceptance of same were read and ordered filed. The Mayor laid before the Council the following resolution: RESOLUTION OF THE CITY OF AUSTIN, TEXAS, ACCEPTING THE IMPROVEMENT OF A POR TION OF ALLEY IN BLOCK 59, IN THE CITY OF AUSTIN, AND AUTHORIZING THE PAYMENT OF THE BALANCE DUE BY THE CITY OF AUSTIN AND THE ISSUANCE AND DELIVERY OF CERTIFICATES OF SPECIAL ASSESSMENT AGAINST OWNERS OF ABUTTING PROPERTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That, Whereas, heretofore the hereinafter described alley was ordered improved contract for said work of improvement duly entered into, and assessment levied against abutting property and the owners thereof to cover the portion of the cost payable by the said property owners; and 382 WHEREAS, pursuant to said contract and other proceedings in connection therewith, L. E. Whitham & Company has completed the improvement of the following alley, to-wit: ALLEY IN BLOOK 59 from the east line of Trinity Street to the west line of Neches Street, known and designated as Unit or District No. 62. WHEREAS, said improvement is in strict compliance with the terms of said contract, specifications adopted for said improvement, and other proceedings in connec- tion therewith; Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That said improvement on said portion of said alley be and the same is hereby accepted as in full compliance with the terms of said contract, specifications and proceedings, and the final estimate due from the City of Austin to L. E. Whitham & Company be and the same is hereby ordered paid. That the Mayor and City Olerk be and are hereby authorized and instructed to issue, execute and deliver to L. E. Whitham & Company certificates of special assessment against the abutting property and the owners thereof, evidencing the several sums of money assessed against said property and the owners thereof respectively for their pro rata of the cost of said improvement, in accordance with the terms of said contract and proceedings. sage. That this resolution shall take effect and be in force from and after its pasThe above resolution was adopted by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; naye, none. The Mayor laid before the Council the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to purchase for the City of Austin from Mrs. Emma Jacobs, Ella Jacobs, Maggie Jacobs, and Mrs. Oliver Jacobs Meier, for a cash consideration of $6100.00, and upon the following conditions, the following described property: A part of Outlot No. Eleven (11), in Division "2" in the City of Austin, Travis County, Texas, and a part of 120 feet conveyed off the west side of West Avenue, and more particularly described by metes and bounds, as follows, to-wit: Beginning at a point on the west line of West Avenue as now established and recognized 344 feet southerly from the south line of West Sixth Street, and said point being also on the north line of a 12-foot alley lying immediately north of the Colored School, and said point being also the S. E. corner of the tract of land conveyed to A. L. Haynes by Beulah E. Kinney by her deed of conveyance bearing date the 17th day of May, 1909, and recorded in Vol. 226, page 47, of the Travis County Deed Records, and being also the S. E. corner of the tract of land conveyed by A. L. Haynes to F. L. Griffith by deed dated December 24, 1909, recorded in Vol. 236, page 613, of the Travis County Deed Records; thence westerly with the north line of said 12 foot alley and parallel with the south line of West Sixth Street, 161 feet, more or less, to within 15 feet of the S. W. corner of said tract of land conveyed to A. L. Haynes and F. L. Griffith as aforesaid; thence northerly parallel with the west line of said tract of land conveyed as aforesaid to said A. L. Haynes and F. L. Griffith, 50 feet to stake for corner; thence easterly parallel with the south line of West Sixth Street and also parallel with the north line of said alley, 161 feet, more or less, to the west line of West Avenue, as now established and recognized;