368 drawn regulating overcrowding in theatres, etc., and smoking around gasoline filling stations and submit same to the Council for passage. 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 Mofadden, Councilmen Mueller, Pannell, Reed, and Steck, 5; naye, none. The Council then recessed. REGULAR MEETING OF THE CITY COUNCIL: adde Approved: Mayor. Austin, Texae, September 12th, 1929. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor McFadden, Councilmen Mueller, Pannell, Reed, 4; absent, Councilman Steck, 1. The Minutes of the last meeting were read and Councilman Pannell moved the adoption of same as read. Motion was seconded by Councilman Mueller, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman Steck absent. 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 the certain Unit or District of Improvement as follows: ELMWOOD STREET from the East line of Duval Street to the West line of Harris Park Avenue, known and designated as Unit or District No. 21; all as awarded to L. E. Whitham & 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 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: C. D. Caswell protested that he was financially unable to pay his pro rata of the cost of paving; that it would place an additional mortgage on his homestead; that he was not opposed to paving, but thought a cheaper type of pavement could be used on this street, and if so, he would be willing to bear his portion of the cost. No other interested parties or owners having requested to be heard, the Mayor thereupon laid before the Council the following ordinance: ORDINANCE OF THE CITY OF AUSTIN, TEXAS, CLOSING A HEARING GIVEN TO PROPERTY OWNERS ON ELMWOOD STREET, IN THE CITY OF AUSTIN, AND DECLARING AN EMERGENCY. The above ordinance was read the first time and Councilman Pannell moved that the rule be suspended and the ordinance passed to its second reading. Motion was seconded by Councilman Mueller, and same prevailed by the following vote: Ayes, Mayor 369 Mofadden, Councilmen Mueller, Pannell, and Reed, 4; nays, nons, Councilman Steck absent. The ordinance was read the second time and Councilman Pannell moved that the rule be suspended and the ordinance passed to its third reading. Motion was seconded by Councilman Mueller, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman Steck absent. The ordinance was read the third time and Counoilman Pannell moved that the ordinance be finally passed. Motion was seconded by Councilman Mueller and same prevailed by the following vote: Ayes, Mayor Mofadden, Councilmen Mueller, Pannell, and Reed, 4; naye, none, Councilman Steck absent. The Mayor laid before the Council the following ordinance: ORDINANCE OF THE CITY OF AUSTIN, TEXAS, LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PART OF THE COST OF IMPROVING ELMWOOD STREET, IN THE CITY OF AUSTIN, AND FIXING A LIEN AGAINST PROPERTY ABUTTING ON SAID STREET, AND A PERSONAL CHARGE AGAINST THE OWNERS THEREOF, AND PROVIDING FOR THE COLLECTION THEREOF, AND DECLARING AN EMERGENCY. The above ordinance was read the first time and Councilman Pannell moved that the rule be suspended and the ordinance passed to its second reading. Motion wae seconded by Councilman Mueller, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman Steck absent. The ordinance was read the second time and Councilman Pannell moved that the rule be further suspended and the ordinance placed on its third reading. Motion was seconded by Councilman Mueller and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; naye,none, Councilman Steck absent. The ordinance was read the third time and Councilman Pannell moved that same be finally passed. Motion was seconded by Councilman Mueller, and same prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman 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 City of Austin hereby acting through its duly elected and authorized Oity Council hereby agrees to and enters into that certain deed, release and relinquishment to Selma Hughes of Travis County, Texas, involving the rights of the City of Austin to overflow portions of land abutting Lake Austin and the Colorado River, and being situated in the J. C. Bradford, W. B. Royal and E. B. Wade Surveys, and the John Jackson Survey, which said land is fully described in said deed, release and relinquishment, and the said City of Austin, through its City Council, does hereby ratify and confirm all the provisions of said deed, release and relinquishment and authorizes the execution of the same. The City Manager of the City of Austin, Adam R. Johnson, is hereby authorized and directed to execute said deed, release and relinquishment referred to aforesaid in the name of the City of Austin and in behalf of the City of Austin to Selma Hughes upon the approval of said instrument as to form by the City Attorney. The City Clerk of the City of Austin is hereby authorized and directed to attest said instrument by impressing the seal of the City of Austin thereto. 370 The foregoing resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman Steck absent. The Mayor laid before the Council the application of J. A. Nelson for permit to replace two gasoline pumps at his filling station at 22nd Street and East Avenue; also the following report of the Safety Committee upon same: "Austin, Texas, September 12, 1929. Mr. Adam R. Johnson, Oity Manager, Austin, Teхав. Dear Sir: We, the Safety Committee, of the City of Austin have investigated the request of J. A. Nelson that he be granted permission to replace two pumps of the motor type on the same foundation as at present at his station situated at the corner of Twenty-second Street and East Avenue. We have visited the station and find that he does not want to discontinue the use of the City sidewalk in the serving of his customers and therefore recommend that his request be refused. CITY SAFETY COMMITTEE. (Sgd) J. E. Woody, Fire Chief; Geo. F. Krueger, Fire Marshal Orin E. Metcalfe, City Engineer J. Bouldin Rector, City Attor- ney; Tom Neal, Traffic Police Captain; L. A. Palmer, City Plumbing Inspector. " Councilman Reed moved that the above report of the Safety Committee be approved and permit refused said J. A. Nelson for the reason set forth in said report. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman Steck absent. W. R. Smith appeared before the Council and requested the passage of an ordinance regulating the employment of local labor by contractors for city work. Councilman Mueller moved that the matter be taken under advisement. Motion was seconded by Mayor MoFadden, and same prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman 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 Hundred Dollars ($500.00) be and the same is hereby appropriated out of the Street Improvement Bond Fund for the purpose of paying W. T. Caswell the agreed consideration for a storm sewer easement through Blocks 5 and 6, Buddington Subdivision, a part of Outlot 77, Division "D" of the City of Austin, Texas. The above resolution was adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none; Councilman Steck absent. 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 371 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: (1) A 4-inch low pressure gas main on East Avenue, beginning at a point 17 feet south of and 31 feet west of the intersection of the north line of East First Street and the east line of East Avenue; Thence in a northerly direction 31 feet distant from and parallel to the east line of East Avenue to the south line of East Second Street; Said gas main described above is to have a cover of not less than 22 feet; Do not go by fences for line. (2) A 10 inch high pressure gas main on East Lamar Park, beginning at a point 10 feet south of the intersection of the north line of East Lamar Park and the east line of Congress Avenue; Thence in an easterly direction 10 feet distant from and parallel to the north line of East Lamar Park to a point 18 feet west of the east line of Brazos Street; Fence on north line to control. Said gas main described above is to have a cover of not less than three feet. (3) A 10-inch high pressure gas main on Brazos Street beginning at a point 18 feet west of and 10 feet south of the intersection of the east line of Brazos Street and the north line of East Lamar Park produced; Thence in a northerly direction 18 feet distant from and parallel to the east line of Brazos Street to a point 27 feet north of the south line of East Second Street; es point 23 Saat nosbh of the south hine of Saat Second Street; said point being on an existing 4-inch high pressure gas main; work from monuments on center line; Said gas main described above is to have a cover of not less than three feet. (4) A 10-inch high pressure gas main across Congress Avenue beginning at a point 10 feet south of the intersection of the east line of Congress Avenue and the north line of East Lamar Park; Thence across Congress Avenue at right angle to the center line to a point 38 feet west of said center line, said point being on an existing 10-inch high pressure gas main; Said gas main described above is to have a cover of not less than 32 feet. (5) A 4-inch gas main on Waller Street, beginning at a point 18 feet west of and 32 feet north of the intersection of the east line of Walter Street and the south line of Garden Street; Thence in a southerly direction 18 feet distant from and parallel to the east line of Waller Street to the north line of Haskell Street, said gas main described above to have a cover of not less than three feet. (6) A 4-inch gas main on Holley Street, beginning at a point 1412 feet south of and 18 feet west of the intersection of the center line of East First Street and the east line of Waller Street produced; Thence in an easterly direction 1412 feet distant from and parallel to the center line of East First Street to the west line of Comal Street, said gas main described above to have a cover of not less than three feet. At least three days' notice must be given before beginning construction on this line in order that center line stakes may be set. That 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 points 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. 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, 372 Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman Steck absent. The Mayor laid before the Council the following resolution: WHEREAS, the Southwestern Bell Telephone Company has presented to the City Council 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) Four (4) poles on East Second Street, beginning on the west line of Perdenales Street and 72 feet south of the north line of East Second Street; Thence in an easterly direction 72 feet distant from and parallel to the north line of East Second Street to the weest line of San Saba Street; 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 MoFadden, Councilmen Mueller, Pannell, and Reed, 4; nays, none, Councilman Steck absent. The Mayor laid before the Council the following report of H. R. F. Helland, Consulting Engineer: Hon. Mayor and City Council, Austin, Texas. Gentlemen: "Austin, Texas, Sept. 11, 1929. This is to advise that L. E. Whitham & Company has completed the paving improvement on Duval Street from 29th Street to 35th Street in accordance with the plans and specifications heretofore adopted by your Honorable Body. I therefore recommend the acceptance of this improvement. Very truly yours, H. R. F. Helland, Consulting Engineer. " The Mayor then. laid before the Council the following resolution: RESOLUTION OF THE CITY OF AUSTIN, ΤΕΧΑΒ, ACCEPTING THE IMPROVEMENT OF A PORTION OF DUVAL STREET, 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 street 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 WHEREAS, pursuant to said contract and other proceedings in connection therewith, L. E. Whitham & Company has completed the improvement of the following street, to-wit: DUVAL STREET from the north line of 29th Street to the north line of 35th Street, known as Unit or District No, 15; and WHEREAS, said improvement is in strict compliance with the terms of said contract, specifications adopted for said improvement, and other proceedings in con- nection therewith; Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT said improvement on said portion of said street 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 Clerk 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. That this resolution shall take effect and be in force from and after its passage. The above resolution was adopted by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, Pannell, Reed, 4; nays, none, Councilman Steck absent. Councilman Reed was excused from the Council Chamber. The application of Paul M. Deats, through his Attorney, Stanley 0.Hornsby, for permit to erect a gasoline filling station at the corner of Nineteenth and Rio Grande Streets, was read the first time and laid over. The Mayor nominated the following as members of the Zoning Commission: Dudley Miller ---- 1315 Alta Vista Street Harris Brush - A. W. Harris - Hugo Kuehne - J. T. Ward - George Best - Leon G. Halden - Niles Road 13 Niles Road Duval and 32nd Streets 309 East 18th Street 1016 Willow Street 2202 Nueces Street Mrs. J. R. Hamilton - 2405 Nueces Street Mrs. J.. M. Loving - 1204 Castle Hill Ex-officio J. B. Rector, City Attorney Orin E. Metcalfe, City Engineer. The above nominations were confirmed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller and Pannell, 3; nays, none; Councilmen Reed and Steck absent, 2. The Mayor laid before the Council the following communication from the Sohool Board: To the Honorable Mayor and City Council, Austin, Texas. Gentlemen: "Austin, Texas, Sept. 4, 1929. In accordance with a provision of Sub-division 2, of Section 2, of Article 12 of the Charter of the City of Austin, the Board of Trustees of the public free schools of the city, at a meeting held on September 3, 1929, determined, and you are hereby so advised, that the amount of taxes that shall be levied and collected for the year 1929 for the maintenance of said public free schools is sixty (60) cents on the one hundred dollars worth of taxable property in the City of Austin. Respectfully submitted, (Sgd) R. G. Mueller, Vice-President, Board of Trustees. Attest: A. N. McCallum, Superintendent of Schools." 373 374 nance: The Mayor laid before the Council for its third reading the following ordiAN ORDINANCE FIXING AND LEVYING MUNICIPAL TAXES FOR THE CITY OF AUSTIN TEXAS, FOR THE YEAR A.D. 1929. The above ordinance was read the third time and Councilman Mueller moved that same be finally passed. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, and Pannell, 3; nays, none; Councilmen Reed and Steck absent, 2. The Mayor laid before the Council the following application of Mrs. M. W. MoDonald for permit to construct and operate a gasoline filling station and parking lot at the corner of Twelfth and Nueces Streets, which had been read at the last regular meeting and laid over; also the following report of the Safety Committee upon same: "Austin, Texas, September 5,1929. Mr. Adam R. Johnson, Oity Manager, Austin, Texas. Dear Sir: We, the Safety Committee of the City of Austin, Texas s, have investigated the request of Mrs. M. W. McDonald for a permit to construct and operate a gasoline filling station and parking lot to be located on the corner of Twelfth and Nueces Streets. We, the Committee, recommend that this permission should be refused as we consider it unsafe, some of the reasons being as follows: (1) That Twelfth Street is the most used street for school children in the Oity of Austin. (2) That Nueces Street has been designed as one of the main boulevarde to be developed in accordance with our City Plan. (3) That the grades of the intersecting street are such as to create more than the average hazard. CITY SAFETY COMMITTEE. (Sgd) J. E. Woody, Fire Chief; Geo. F. Krueger, Fire Marshal; Orin E. Metcalfe, City Engineer; J. Bouldin Rector, City Attorney; Tom Neal, Traffic Police Captain; L. A. Palmer, Plumbing Inspector. " Councilman Mueller moved that the above permit be refused in accordance with the above recommendations of the Safety Committee. Motion was seconded by Mayor McFadden, and same prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, and Pannell, 3; naye, none; Councilmen Reed and Steck absent, 2. nance: The Mayor laid before the Council for its second reading the following ordiAN ORDINANCE PREVENTING PEDDLERS HAWKERS, AND HUCKSTERS FROM ENGAG- ING IN BUSINESS ON CERTAIN STREETS IN THE CITY OF AUSTIN, AND PRE- SORIBING A PENALTY FOR THE VIOLATION HEREOF. The above ordinance was read the second time and laid over. The Mayor laid before the Council the application of E. G. Kingsbery for permit to construct a drive-in confectionery and concessions stand at the northeast corner of Live Oak Street and South Congress Avenue, which had been read at the last regular meeting and laid over; also the following report of the Safety Committee upon same: "Austin, Texas, Sept. 5, 1929. 375 Mr. Adam R. Johnson, City Manager, Austin, Texas. Dear Sir: We, the Safety Committee of the City of Austin, have considered the application of E. G. Kingsbery as lessee of the property at the intersection of the northeast corner of Live Oak Street and Congress Avenue for a permit to operate a drive-in confectionery and for a permit to have an additional driveway on his property so as to conveniently conduct his proposed business. We, your Committee, beg to advise you that M. C. Parrish, as lessее of this property, secured a permit about two years ago to install and operate a gasoline filling station on this property and that Mr. Parrish has since subleased this property to Mr. Kingsbeту. The additional drive which is being requested this time is for the further development of the same lot which has already been approved by the City Council as a drive-in station. We, your Committee, recommend that this permission be granted subject to the following conditions: (1) That all buildings and equipment shall be placed inside of the property line, correct lines to be obtained before construction starts or equipment installed. Lines and grades to be obtained from the City Engineering Department for entrances and driveways, building plans to be approved by the City Building Inspector. governing_the (2) That electric lights only shall be used for lighting purposes wiring of gasoline filling stations and shall be approved by the City Electrical Department. (3) That there shall be kept in an accessible place at all times, a chemical fire extinguisher for emergency uве. (4) That a plan of the drive already approved by the City Council showing also the proposed new drive which is applied for for is shown on map hereto attached marked 2-0-259, and shall be followed during construction and shall be considered a part of this resolution and that all adjacent walks, ramps, gutters and curbs where specifically marked shall be constructed of concrete. (5) That permission shall be granted subject to the above conditions and the present and future rules and regulations and ordinances of the City of Austin, Texas, applying to or regulating gasoline filling or other drive-in stations, said permission shall be held to be granted and accepted subject to all necessary, reasonable and proper present and future regulations and ordinanceв of the City of Austin, Texas, in the enforcement of proper police, traffic and fire regulations; and the right of revocation is retained if, after hearing, it is found by the City Council that said E. G. Kingsbery has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. CITY SAFETY COMMITTEE. By J. E. Woody, Fire Ohief; Geo. F. Krueger, Fire Marshal; Orin E.Metcalfe, City Engneer ; Tom Neal Traffic Police Captain; L. A. Palmer, Plumbing In- spector. Councilman Mueller moved that the above permit be granted, subject to the above recommendations of the Safety Committee. Motion was seconded by Councilman Pannell, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, and Pannell, 3; nays, none, Councilmen Reed and Steck absent, 2. 376 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; naye, none, Councilmen Reed and Steck absent. The Council then rесеssеd. REGULAR MEETING OF THE CITY COUNCIL: Approved Mayor. Austin, Texas, September 19,1929. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; absent, Councilman Steck, 1. The Minutes of the last meeting were read and Councilman Pannell moved the adoption of same as read. Motion was seconded by Councilman Mueller, and same prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, Reed, 4; nays, none, Councilman Steck absent. A communication from W. T. Caswell, Chairman Park Commission, recommending that the City purchase two certain tracts of land along Shoal Creek from F.W.Hill and Burt Brydson for park and boulevard purposes, was read and the matter referred to the City Manager for more detailed information and report to the Council. A petition signed by the business firms and residents in the 200 blook on West Eighth Street, asking for one hour parking restrictions along this street, was read and referred to the City Manager and City Attorney to have an ordinance drawn covering the matter. The Mayor laid before the Council the following resolution: WHEREAS, the City of Austin owns Lot Five (5) in Alm Hill, a Subdivision of Outlot 44, Division "B" of the City of Austin, and containing one acre of land, and being the tract of land marked "Reservoir Block", in Gammel & Taylor's Subdivision of said Outlot, and being the same property heretofore on June 28,1884, conveyed by City Water Company to Austin Water, Light & Power Commission, ав recorded in Book 76, at page 44, et seq., of the Deed Recorde of Travis County, Texas, said land having been so purchased for the use of the Water, Light & Power Plant of the City of Austin; and WHEREAS, the City Council has determined that the South 134x209 feet out of said property shall be used hereafter exclusively for public park purposes, and that the value thereof is Forty-seven Hundred and Sixty-two & 02/100 ($4762.02) Dollars; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the sum of Forty-seven Hundred and Sixty-two & 02/100 ($4762.02) Dollars :