170 WHEREAS, the Negro Oitisens Council has requested the services of a life guard at the swimming pool at Rosewood; and WHEREAS, the Negro Band has agreed to play six more concerts at Rosewood Park; therefore, BE IT RESOLVED BY THE OITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of $270.00 be appropriated out of the General Fund and deposited to the Recreation Division to provide life guard and band concerts as follows: - 150.00 $270.00 1 Life Guard, 3 mos. at $40.00 per month - $120.00 6 Band Concerts at $25.00 per month Total - Councilman Alford moved that the above resolution be amended by striking out the appropriation of $150.00 for six band concerts. The motion was seconded by Councilman Gillis and same carried by the following vote: Ayes, Councilmen Alford, Bartholomew, 011118, Mayor Pro tom Wolf, 4; naye, none; Mayor Miller absent, 1. Councilman Alford then moved the adoption of the above resolution as amended. The motion was seconded by Councilman Gillis and same carried by the following vote: Ayes, Councilmen Alford; Bartholomew, Gillis, Mayor Fro tem Wolf, 4; naye, none; Mayor Miller absent, 1. Councilman Bartholomew brought before the Council the matter of setting the curbs on Lavaca Street between 6th and 7th Streets back ten feet in order to relieve traffic congestion, stating that he would be willing to pay for the paving in front of his property made necessary by this setback provided all other property owners in this blook agree to same. Councilman 01111s recommended that the islands left in the curbs by previous setbacks be removed also. The matter was referred to the City Manager for an investigation and report. There being no further business before the Council, Councilman Alford moved to rec subject to call of the Mayor. The motion was seconded by Councilman Gillis and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Pro tem Wolf, 4; nays, none; Mayor Miller absent, 1. The Council then recessed. Attest: Ytalle hear Oity Clerk REGULAR MEETING OF THE CITY COUNCIL: Approved. Traff Mayor Pro tom. Austin, Texas. August 3. 1933. The Council was called to order by Mayor Miller. Roll call showed the following members present: Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; absent, none. The Minutes of the last regular meeting were read and Councilman Wolf moved the adoption of same as read. The motion was seconded by Councilman Alford and same prevailed. by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. 171 Dr. J. W. Baldwin submitted a petition signed by the property owners on West 22nd Btreet extending westward from San Gabriel Street, asking that this street be given an asphalt topping to eliminate the constant cloud of dust arising from heavy traffic on this street. The matter was referred to the City Attorney to prepare the proper agreement between the City and the property owners for payment of the cost of this paving. A large delegation of taxicab owners and operators came before the Council to protest the proposed amendment to the Taxicab Ordinance reducing the minimum fare to fifteen cents, and submitted petitions signed by a majority of said owners and operators asking that this change be not made due to the present rise in commodity prices making it impossible to operate their business at a lower rate of fare. After hearing their plea, it was the sense of the Council that the minimum fare should remain at twenty cents, as provided in the ordinance now in effect, and that the Police Department should be instructed to rigidly enforce the same. Mr. Paul Crusemann, representing property ommers in the 1600 block on West 6th Street asked that the City build a retaining wall to protect their property from overflow waters from the branch running south from the Confederate Home. The matter was referred to Councilman Gillis, the City Manager, and the City Engineer for an investigation of the situation.. Mesers. E. L. Meyer, representing the ice cream mamifacturers of the City, and Chester Freund, Secretary of Capital City Milk Producers Association, submitted to the Council a petition signed by said manufacturers asking that the Council pass an ordinance to protect local producers and manufacturers from unfair competition in the importation of this product from other cities, and suggesting that same be modeled after the ordinance. now in force in the City of Galveston regulating the matter. The Committee was asked to confer with the City Attorney in the drafting of an ordinance that would meet the requirements asked for. Mr. W. H. Roberts, President of the Austin Hod-Carriers, Building and Common Laborers Union, appeared before the Council and asked that the members of said organization be given employment on municipal work. He was advised that such applications would be given proper consideration. Mayor Miller laid before the Council the application of Billy A. Laurie, 1014 Shelley Avenue, for license to operate as a taxicab one Chevrolet Bedan, 1929 Model, Motor No. 1247513, State Highway License No. A32-936. Councilman Gillis moved that the app11cation be granted. The motion was seconded by Councilman Alford and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, 01111s, Mayor Miller, and Councilman Wolf, 5; naye, none. Mayor Miller laid before the Council the application of Granville A. Carter, 2514 Canterbury Street, for license to operate as a taxicab one Chevrolet Sedan, Motor No. 2090504, state Highway License No. 134-988, 1930 Model. Councilman Alford moved that the application be granted. The motion was seconded by Councilman Gillis and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Counoilman Wolf, 5; nays, none. Mayor Miller laid before the Council the application of B. J. Dzierzanowski, 309 Crockett Street, for license to operate as a taxicab one Chevrolet 4-door Sedan, 1929 Model, Motor No. 1200826, Highway License No. A33-888. Councilman Alford moved that the application be granted. The motion was seconded by Councilman Gillis and same : : 172 prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller and Councilman Wolf, 5; naye, none. Mayor Miller laid before the Council the following ordinance, which had been read the first time and laid over: AN ORDINANCE AMENDING AN ORDINANCE ENTITLED: "AN ORDINANCE CREATING AND ESTABLISHING FIRE ZONES IN THE CITY OF AUSTIN AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY, BY CHANGING (1) ALL OF AREA 4 IN FIRE ZONE 2 OF SECTION 3. FROM FIRE ZONE 2 TO FIRE ZONE 4; (2) ALL OF AREA 6 IN FIRE ZONE 2, OF SEOTION 3, FROM FIRE ZONE 2 TO FIRE ZONE 3; (3) FART OF BLOCKS 139 AND 140, FROM FIRE ZONE 1 TO FIRE ZONE 3, AND (4) AREA 2 OF FIRE ZONE 4 UNDER SECTION 4, AS SHOWN IN BAID ORDINANCE. After discussing same, it was the sense of the Council that the above ordinance should not be passed to its second reading. Mayor Miller laid before the Council the following ordinance: AN ORDINANCE REGULATING TRAFFIC IN THE TERRITORY COVERED BY THE BLOCK TRAFFIC SIGNAL SYSTEM, PROVIDING THE PENALTY FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The above ordinance was read the first time and Councilman Alford moved a suspension of the rule and the placing of the ordinance on its second reading. The motion was seconded by Councilman Wolf and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The ordinance was read the second time and Councilman Alford moved a further suspension of the rule and the placing of the ordinance on its third reading. The motion was seconded by Councilman Wolf and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; naye, none. The ordinance was read the third time and Councilman Alford moved that same be finally passed. The motion was seconded by Councilman Wolf and same prevailed by the following vote: Ayee, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The application of D. A. Shipwash for permit to set the curb back and build a ramp in front of his property, located at the corner of 29th and Rio Grande Streets, was read. The Mayor then laid before the Council the following: "Austin, Texas, August 2, 1933. Mr. Quiton Morgan, Oity Manager, Austin, Texай. Dear Sir: The request of D. A. Shipwash, owner of Lot 1, Blook 3, of the L. Brown Subdivision in Outlot 72, Division "D" of the City of Austin, Travis County, Texas, which property is contiguous to the north side of West 29th Street and extende from the west line of Rio Grande Street to the east line of Salado Street, for a permit to set the curb back from the established curb line along a portion of the above described property and to construct a ramp in front of his property, has been investigated and considered and the following facts are presented: Said property of D. A. Shipwash is located within the "C" Commercial Use District. The area created by the setback will act as a widening of the pavement on West 29th Street and will be a benefit to the users of this street by allowing a greater width of travelway. I recommend that this permit be granted subject to the following conditions: 173 (1) That the reconstruction of the setback area on West 29th Street shall be constructed in accordance with the accompanying plan marked 2-0-496 as set forth in color thereon and that all such widened area, ramps and ourbs and a sidewalk between the property line and the curb line shall be constructed of concrete at the expense of the applicant. (2) That all such concrete shall be not less than 6 inches in thickness and shall be of the following proportions: 1 part of cement, 2 parts of sand and 4 parts of screened gravel or rook. (3) That the concrete curb adjacent to the sidewalk area shall be not less than 6 inches high and that an expansion Joint not less than 3/4 inches thick shall be placed between the curb and the sidewalk as shown on the plan hereto attached marked 2-0-496. (4) That all such expansion joints shall be of the pre-moulded type. (5) That all concrete work within the street area shall be done by a bonded sidewalk contractor. (6) That the applicant shall be required to clean the newly created ramp area and the old ramp area adjacent to said newly created ramp area at least twice per week and shall dispose of the debris at his expense. (7) That all work shall be done in accordance with lines and grades furnished by the Engineering Department of the City of Austin and under the direction of the City Engineer. Yours truly, (Sgd) J. E. Motheral, City Engineer. 11 WHEREAS, D. A. Shipwash, owner of Lot 1, Block 3, of the L. Brown Subdivision in Outlot 72, Division "D", of the City of Austin, Travis County, Texas, which property is contiguous to the north side of West 29th Street and extends from the west line of Rio Grande Street to the east line of Salado Street, has made application for a permit to set the curb back from the established curb line along a portion of the above described property and to construct a ramp in front of his property so as to provide more parking space on West 29th Street; and WHEREAS, a plan has been presented showing the proposed layout and said plan has been considered and approved by the City Council of the City of Austin; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT permission is hereby granted D. A. Shipwash, owner of Lot 1, Block 3, of the L. Brown Subdivision in Outlot 72, Division "D", of the City of Austin, Travis County, Texas, which property is contiguous to the north side of West 29th Street and extends from the west line of Rio Grande Street to the east line of Salado Street, to set the curb back from the established curb line along a portion of the above described property and to construct a ramp in front of his property subject to the same's being constructed in accord- ance with the plan approved by the City Engineer, which plan is hereto attached and marked 2-0-496, and in accordance with the following conditions: (1) That the reconstruction of the setback area on West 29th Street shall be constructed in accordance with the accompanying plan marked 2-0-496 as set forth in color thereon and that all such widened area, ramps and ourbe and a sidewalk between the property line and the curb line shall be constructed of concrete at the expense of the applicant. (2) That all such concrete shall be not less than 6 inches in thickness and shall be of the following proportions: 1 part of cement, 2 parts of sand and 4 parts of soreened gravel or rook. (3) That the concrete curb adjacent to the sidewalk area shall be not less than 6 inches high and that an expansion joint not less than 3/4 inches thick shall be placed between the curb and the sidewalk as shown on the plan hereto attached marked 2-0-496. (4) That all such expansion joints shall be of the pre-moulded type. (5) That all concrete work within the street area shall be done by a bonded sidewalk contractor. (6) That the applicant shall be required to clean the newly created ramp area and the old ramp area adjacent to said newly created ramp area at least twice per week and shall dispose of the debris at his expense. 174 (7) That all work shall be done in accordance with lines and grades furnished by the Engineering Department of the City of Austin and under the direction of the City Engineer. The above resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The Mayor laid before the Council the following resolution: WHEREAS, Brydson Lumber Company is the Contractor for the alteration of a building located at 2262 Guadalupe Street and desires a portion of the sidewalk space abutting Lot 35, Outlot 35, Division "D" of the City of Austin, during the alteration of the building, such space to be used in the work and for the storage of materials therefor; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses hereinabove enumerated be granted to said Brydson Lumber Company, the boundary of which is described as follows: SIDEWALK WORKING SPACE Beginning at the northeast corner of the above described lot; thence in an easterly direction and at right angles to the centerline of Guadalupe Street a distance of 5 feet; thence in a southerly direction and parallel with the centerline of Guadalupe Street a distance of 30 feet; thence in a westerly direction and at right angles to the centerline of Guadalupe Street a distance to the west line of Guadalupe Street; thence in a northerly direction along the west line of Guadalupe Street to the place of the beginning. 2. THAT the above privileges and allotment of space are granted to said Brydson Lumber Company, hereinafter termed "Contractor" upon the following express terms and conditions: (1) That the Contractor shall construct a fence at least 4 feet high along and with the east boundary line of the working space. (2) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such guard rail. (3) That provision shall be made for the normal flow of all storm waters in the gutter and the Contractor will be responsible for any damage done due to obstruction of any such storm waters. (4) That the Contractor shall place on the outside corners of any walkway, barricade, or obstruction, red lights during all periods of darkness. (5) That the Contractor shall remove all fences, barricades, loose materials and other obstructions on the sidewalk and street immediately after the necessity for their existence on said sidewalk or street has ceased, such time to be determined by the City Manager, and in any event all such sidewalk, barricades, materials, equipment and other obstructions shall be removed not later than August 21, 1933. (6) That the Contractor shall restore all public and private property injured during the use of such space to as good condition as the same existed before the use of such space began. (7) That the City reserves the right to revoke at any time any and all the privileges herein granted or to require the erection or installation of additional barriers or safeguards if the conditions demand it. (8) That the Contractor shall furnish the City of Austin a surety bond in the sum of Five Thousand ($5000.00) Dollars, which shall protect, indemnify and hold harmless the City of Austin from any claims for damages to any person or property that may accrue to or be brought by any person by reason of the exercise of the privileges granted the Contractor by the City of Austin and shall guarantee the replacement of all sidewalks, 175 pavement and all other public property and public utilities disturbed or removed during the alteration work and shall further guarantee the construction of a walkway and other safeguarde during the occupancy of the space. The above resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The application of B. H. Bloor, through his Contractor, Claude Traweek, for permit to build a commercial driveway at 312 Colorado Street, was read. The Mayor then laid before the Council the following: "Austin, Texas, August 3, 1933. Mr. Quiton Morgan, City Manager, Austin, Texas.. Dear Sir: Attached hereto is the request of B. H. Bloor, acting by and through Claude Traweek, for permission to construct a commercial driveway across the sidewalk area adjacent to Lot 7, Block 28, of the Original Oity of Austin, Texas, the location of which commercial driveway will be at 312 Colorado Street. The property at this location has been zoned for business use and we recommend that the request be granted subject to the construction of concrete curbs and ramps as shown on the plan hereto attached marked 2-0-497. Tours truly, (sgd) (Sgd) G. S. Moorе J. E. Motheral, City Engineer. " WHEREAS, B. H. Bloor, acting by and through Claude Traweek, has made application to the City Council for permission to construct a commercial driveway across the sidewalk area adjacent to Lot 7, Block 28, of the Original City of Austin, Texas, which driveway is to be located at 312 Colorado Street; and WHEREAS, the City Council has favorably considered the granting of said request; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT permission is hereby granted B. H. Bloor, acting by and through Claude Traweek, to construct a commercial driveway across the sidewalk arca adjacent to Lot 7, Block 28, of the Original City of Austin, Texas, which commercial driveway is to be located at 312 Colorado Street. All curbs and ramps shall be constructed of concrete in accordance with the plan hereto attached marked 2-0-497, which plan is hereby made a part of this resolution, and subject further to the construction of said concrete curbs and rampe in accordance with the City of Austin's plans and specifications governing such construction. The above resolution was adopted. by. the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The Mayor laid before the Council the following resolution: WHEREAS, K. D. Jernigan paid to the City of Austin, as occupation taxes for the year 1932, the sum of $12.00, on sixteen vending machines; and WHEREAS, the Court of Criminal Appeals has declared as unconstitutional the act of the Legislature under which said occupation taxes were imposed; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT said amount of $12.00 be and the same is hereby ordered to be refunded to the said K. D. Jernigan, and that the City Manager be directed to cause warrant to be issued in said amount to said K. D. Jernigan, and that the proper records and accounts be noted accordingly. i i 176 Councilman Alford moved the adoption of the above resolution. The motion was seconded by Councilman Gillis and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; naye, none. The Mayor laid before the Council the following ordinance: AN ORDINANCE REGULATING THE OPERATION OF AUTOMOBILES AS TO THE CARRIAGE OF PASSENGERS, PROHIBITING PERSONS FROM RIDING ON AUTOMOBILES OUTSIDE OF THE BODIES THEREOF, AND PROVIDING A PENALTY FOR THE VIOLATION OF THE ORDINANCE. The above ordinance was read the first time and Councilman Alford moved a suspension of the rule and the placing of the ordinance on its second reading. The motion was seconded by Councilman Gillis and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, 011118, Mayor Miller, and Councilman Wolf, 5; nays, none. The ordinance was read the second time and Councilman Alford moved a further suspension of the rule and the placing of the ordinance on its third reading. The motion was seconded by Councilman Gillis and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The ordinance was read the third time and Councilman Alford moved that same be finally passed. The motion was seconded by Councilman Gillis and same prevailed by the fol- lowing vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. Reports of the Board of Health & Sanitation recommending the purchase of new X-ray equipment for Brackenridge Hospital to replace the present equipment, and of Dr.Banner Gregg, City Physician, recommending acceptance of the bid of Westinghouse X-ray Company, in the amount of $3900.00, for new X-ray equipment, including a portable X-ray unit, were read. It was the sense of the Council that the bid of the said Westinghouse X-ray Company, amounting to $3900.00 for the X-ray equipment and the bid of Physicians & Surgeons Supply Company for splints and surgical instruments, amounting to $398.56, plus freight charges on examination table from St. Louis, be accepted. The Mayor laid before the Council the following ordinance: AN ORDINANCE REPEALING ARTICLE 104 AND ARTICLE 108 OF THE REVISED ORDINANCES OF THE CITY OF AUSTIN, AND PROVIDING THAT A JURY FEE BE TAXED AS COSTS UPON CONVICTION IN THE CORPORATION COURT, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The above ordinance was read the first time and laid over. The City Manager and City Attorney were instructed by the Council to open the alley in Outlot 40, Division "D" and the old Robt. E. Lee Highway, or River Road. Councilman Alford moved that the Council recess until 3:00 o'clock P. M. The motion was seconded by Councilman Wolf and same prevailed by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller and Councilman Wolf, 5; naye, none. The Council then recessed. Approved: Jon Miller Mayor. Attest: yfalle City Clerk