321 The following resolution was introduced and laid over for one week: RESOLUTION ORDERING THE IMPROVEMENT OF A PORTION OF GUADALUPE STREET AND A PORTION OF THE ALLEY INTERSECTING ORIGINAL BLOCK 149, IN THE CITY OF AUSTIN, TEXAS, AND APPROVING THE SPECIFICATIONS, PROPOSAL, CONTRACT AND BOND THEREFOR. Councilman Gillis moved that the salaries of the Zoning Board of Adjustment be abolished. The motion was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. There being no further business, Councilman Alford moved that the Council recess subject to call of the Mayor. The motion was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. Attest: City Clerk REGULAR MEETING OF THE CITY COUNCIL: Approved: Joymiller Mayor. Austin, Texas, February 1, 1934. Roll call showed the following The Council was called to order by the Mayor. members present: Councilman Gillis, Mayor Miller, and Councilman Wolf, 3; absent, Councilmen Alford and Bartholomew, 2. The Minutes of the last regular meeting were read and upon motion of Councilman Gillis were adopted, as read, by the following vote: Ayes, Councilman 011118, Mayor Miller, and Councilman Wolf, 3; nays, none; Councilmen Alford and Bartholomew absent, 2. Mr. C. W. Heath presented a request for remission of the interest and penalties accrued on personal taxes owing by him for the years 1928 to 1933, in the amount of $298.24, and for deferment of suit on the same. The matter was referred to the Oity Attorney for attention. The Mayor introduced the following resolution: WHEREAS, Paid and cancelled general obligation bonds of the City of Austin, in the aggregate amount of $678,000.00, together with concurrently maturing coupons, representing interest paid on outstanding debt obligations, have accumulated in the vaults of the City of Austin since the last cremation order issued February 26, 1931, and executed by the Director of Finance on March 3, 1931; and WHEREAS, The payment of such matured bonds and interest coupons has been recorded on bond registers and other fiscal records of the City of Austin, and such registers and records have been duly audited and found correct by Certified Public Accountants, and so reported by them; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the Director of Finance be and he is hereby authorized and directed to destroy, by cremation in the City Hall furnace, or City Incinerator, the following numbered and 322 otherwise described cancelled bonde, together with all cancelled interest coupons, the payment of which was made and recorded on or before December 31, 1933, and that he be directed further to report back to the Council, giving the time, place, and manner in which such bonds were destroyed and a detailed list of the sames Date of Issue Description Interest Rate Serial Numbers Total Amount Cancelled 7-1-12 Street Improvement Bond 5 101-110 $ 40,000.00 131-160 7-1-12 Cemetery Purchase 5 % 31-32 8,000.00 37-42 7-1-15 Street, Bridge, Sewer 5 % 148-170 68,000.00 201-245 7-1-21 Hospital 1-1-24 Incinerator 1-1-28 Hospital 11-1-28 11-1-28 Street Improvement 11-1-28 Fire Stations Airport 11-1-28 Parke & Playgrounds 11-1-28 Hospital 5-1-29 Street Improvement and Parks 12-16-29 Street Improvement 12-16- 29 Parks & Playgrounds 7-1-30 Abattoir 1-1-31 Street Improvement 1-1-31 1-1-32 Parks & Playgrounds Fire Station 1-1-32 Public Library 1-1-18 School Bonds 7-1-15 School Bldg. Bonds 1-1-24 Sohool Bonde 7-1-26 School Bonds 11-1-28 School Bonds ffffffffffffffra 3-6-7-8 4,000.00 7-8-9 3,000.00 -1/48 4-1/2 4-1/2 4-1/2 4-1 6-11 & No.1 7,000.00 4-15 12,000.00 2-7 6,000.00 2-6 5,000.00 2-6 5,000.00 2-5 4,000.00 -31 9-36 4-12 37,000.00 33333 1-28 29,000.00 1-7 7,000.00 1-3 3,000.00 1-23 24,000.00 1-6- 6,000.00 No. 1 1,000.00 1-2 2,000.00 15-16 18-20 5,000.00 71-80 101-130 40,000.00 23,000.00 -3/48 3ー4 9-17 10,000.00 6-25 20,000.00 10-20-23 Govalle School Bonde 7-8 500.00 7-1-16 Refunding Bonde -3/4% 430-468 158,000.00 545-663 1-1-17 Refunding Bonds 4-1/2% 101-110 40,000.00 131-160 ! 1-1 - 24 7-1-12 Water Filtration Sewer 7-1-15 Sanitary Sewer 5. 7-1-18 Sewage Disposal 11-1-28 Sanitary Sewer 5-1-29 Sanitary Sewor 12-16-29 Sanitary Sewer 1-1-31 Sanitary Sewer 55 5 stttt 32-50 16-20 24,000.00 101-110 40,000.00 131-160 % 31-36 9,000.00 23-25-26 61-75 7,500.00 -1/4% 3-4-5 3,000.00 -3/48 5-18 14,000.00 1-9 9,000.00 -3/4% 1-2-3-4 4.000.00 $678,000.00 The resolution was adopted by the following vote: Ayes, Councilman G1111s, Mayor Miller, and Councilman Wolf, 3; nays, none; Councilmen Alford and Bartholomew absent, 2. A delegation of citizens, represented by Truemann O'Quinn, Attorney, appeared before the Council in the interest of their petition for relief from the noisy and hazardous condition existing on Rio Grande Street by reason of the dilapidated equipment of the Austin Street Railway Company on said street. J. E. Moclain presented a petition, signed by a large number of patrons of the Austin Street Railway Company living on and near Rio Grande Street, asking for retention of the street cars on this line. After considerable discussion, the matter was referred to a committee, composed of Councilman Wolf, the City Manager, Geo. 8. Nalle, and J. F. Springfield, President of the Austin Street Railway Company, for a study of the situation to determine what adjustments should be made. The following resolution, which was introduced at the last regular meeting and laid over, was read: 323 : RESOLUTION ORDERING THE IMPROVEMENT OF A PORTION OF GUADALUPE STREET AND A PORTION OF TΗΣ ALLEY INTERSECTING ORIGINAL BLOCK 149, IN THE OITY OF AUSTIN, TEXAS, AND APPROVING THE SPECIFICATIONS, PROPOSAL, CONTRACT AND BOND THERE- FOR. WHEREAS, It is deemed necessary to improve the following street of the City of Austin, within the following limits, towit: GUADALUPE STREET, between 12th and 13th Streets, and abutting the west side of Lot 1, in Original Block 149, and the ALLEY intersecting said Original Block, abutting the north aide of Lots 1 and 2, in Original Block 149; and WHEREAS, The City Engineer of the City of Austin has filed with the City Council complete specifications for the performance of said work, by paving said street, within the 1imits above named, with 5" concrete base and 2" cold bituminous concrete pavement, and by paving said alley, within the limits above named, with 6" concrete pavement; and WHEREAS, Brown & Root, Inc., has filed with the City Council its proposal to do said work at and for the following prices, towit: FOR SAID STREET PAVEMENT: 336.7 sq.yds. 5" Concrete Base and 2* Cold Bituminous Concrete Pavement, --------------------------------- at $2.50 -------------------- 190.5 11n. ft. Curb and Gutter, at $.90and 137 ou. yds. Excavation, at 8.50----- 103.7 sq. ft. Sidewalk at $.25 ------ 23 1in. ft. Concrete Steps, at $1.25 FOR SAID ALLEY PAVEMENT: -------- ----- ----------- 101.1 sq. yds. 6" Concrete Pavement, at $1.8025 cu. yds. Excavation, at $.50Total - --- ---- -$841.75 171.45 68.50 25.92 28.75 $1136.37 $181.98 12.50 194.48 $1330.85 WHEREAS, The City Attorney has prepared a contract for said work between the City of Austin and said Brown & Root, Inc., and also a bond for the construction of said work by said Company, and has submitted both of said instruments to the City Council; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT said street be improved by paving the same between gutters with the cold bituminous concrete pavement, within the limits above named, and that said alley be improved by paving the same with concrete pavement, within the limits above named, all as set forth in said specifications and said proposal. 2. THAT the said specifications for said work be and the same are hereby adopted; that the proposal of said Brown & Root, Inc., to perform said work be accepted, and that said work be let to said Company; that the form of contract as prepared and submitted by the City Attorney for the performance of said work on said street and alley be and the same is hereby approved; that the City Manager of the City of Austin be and he is hereby directed, upon the taking effect hereof, to execute said contract on behalf of the City of Austin and in its name, and the City Clerk to attest the same with the impress of the corporate seal; that the form of bond, as submitted by the City Attorney in connection with said work, be and the same is hereby approved, and that said bond be accepted by the City upon its execution by said principal and surety. 3. THAT the costs of said improvement of said street and said alley, within said limits, shall be paid by the owner of the property abutting thereon, respectively, and shall be assessed against the property of such owner or owners, in accordance with the terms of the charter and ordinances of the City of Austin; provided that no assessment 324 shall be made against said owner or the property, in excess of the actual benefits to said property in enhanced value by means of said improvements, nor until after notice and hearing to said owner as provided by said charter and ordinances. That payment to said Brown & Root, Inc., for the performance of said work shall be made in accordance with said contract and specifications hereby adopted. 4. THAT this resolution shall remain on file with the Oity Olerk for public inspесtion for one week before the final passage or adoption thereof, and thereafter shall be finally adopted. The resolution was adopted by the following vote: Ayes, Councilman Gillis, Mayor Miller, and Councilman Wolf, 3; naye, none; Councilmen Alford and Bartholomew absent, 2. The Mayor introduced 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, in behalf of the City of Austin, to purchase from Mrs. James R. Hamilton and G. H. Wooten, by special warтranty deed, for park and street purposes, and for the total money consideration of $2682.52 as evidenced by $350.00 to be paid in cash to said parties, and $2332.52 to be paid in full satisfaction of all indebtedness involved in Causes Nos. 52498, entitled Southwest Bitulith10 Company vs. Mrs. Katherine Parr Hamilton et al., and 52470, Southwest Bitulithic Company vs. Mrs. Katherine Parr Hamilton, Executrix and Individually, said causes being now pending in the District Court of Travis County, Texas, it having heretofore been agreed with the Southwest Bitulithic Company that said last named amount will be received by the Southwest Bitulithic Company in full satisfaction of its claims in said suits, all of the right, title and interest of said Mrs. James R. Hamilton and G. H. Wooten in and to the certain tracts of land situated in the City of Austin, Travis County, Texas, and described as follows: FIRST TRACT: Seven hundred and sixty-six-thousands (0.766) acre of land, out of the western portion of the unplatted part of Block 3, Outlot 43, Division "D", of the Government Outlots adjoining the Original City of Austin, as shown upon a map or plat of a subdi- vision of Outlots 43, 44, 45, 54, and 55, in said Division as recorded in Flat Book No. 1, at page 12, of the Plat Records of Travis County, Texas, described by metes and bounde as: Beginning at an iron stake on the north line of West Twenty-fourth Street, the same being a point on the south line of the unplatted part of Block 3, Outlot 43, Division "D", of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, according to a map or plat showing a subdivision of Outlots 43, 44, 45, 54, and 55, Division "D" in Plat Book 1, page 12, of the Plat Records on file with the County Clerk of Travis County, Texas, and from which point of beginning a concrete monument at the intersection of the centerline of Longview Street and the centerline of West Twenty-fourth Street bears 8. 21 degrees 22 W. 31.11 fest and 8. 840001 E. 575.50 feet and also from which point of beginning & concrete monument on the centerline of said West Twenty-fourth Street (which monument is 96.07 feet easterly from the east end of the concrete bridge over Shoal Oreek at said West Twenty-fourth Street) bears 8. 21022 W. 31.11 feet and N. 84000 พ. 56.48 feet, towit: thence N. 210 22 E. 107.57 fest to the point of curvature of a curve whose intersection angle is 9000 whose radius is 1230.62 feet, and whose tangent distance is 96.86 feet; thence following said purve an aro distance of 101.07 feet, the long chord of which aro bears N. 8. 23643 8. 101.04 feet to an iron stake on the south line of Lot 13, Block 3, Outlot 43, Division "D", and from which point the southeast corner of said Lot 13 bears 8. 83059 E. 57.65 feet; thence N. 83°59' พ. 163.21 feet following said south line of Lot 13, and the north line of the aforesaid unplatted part of Block 3, in said Outlot 43, División "D", to a point in the center of Shoal Creek; thence down the center of Shoal Oreek 8. 39044 พ. 171.79 fest to an iron stake at the most northerly corner of a 0.152 асте tract of land conveyed to the City of Austin by Goodall H. Wooten, James R. Hamilton and his wife, Katherine Hamilton, by deed dated May 15, A. D. 1928, and recorded in Volume 416, page 593 of the Deed Records of Travis County, Texas; thence 8. 67007 E. 196.02 feet following the most northerly line of said Wooten-Hamilton to City of Austin tract to an iron stake at the intersection of the north line of West Twenty-fourth Street; thence s. 840001 E. 11.68 feet following said north line of West Twenty-fourth Street to the place of beginning. SECOND TRACT: One thousand and forty-four (1044) sq. ft. of land, same being a triangular shaped area out of the northwest corner of Lot 12, Block 3, Outlot 43, Division "D" of the Government Outlots adjoining the Original City of Austin, according to a map or plat 325 showing a Subdivision of Outlots 43, 44, 45, 54, and 55, in said Division "D", as recorded in Plat Book 1, at page 12, of the Plat Records of Travis County, Texas, described by metes and bounds as: Beginning at an iron stake on the south line of West Twenty-fifth Street, the same being on the north line of Lot 12, Block 3, Outlot 43, Division "D", of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, according to a map or plat showing the subdivision of Outlots 43, 44, 45, 54, and 55, in Division "D", on file in Plat Book 1, page 12 2, of the Plat Records on file with the County Clerk of Travis County, Texas, which Lot 3 was conveyed to Ellen Compton by Chas. L. Robarde, by deed dated October 9, 9, 1869, and recorded in Volume 8, page 375, of the Deed Records of Travis County, Texas; thence N. 83058 พ. 31.65 feet following the south line of said West 25th Street and the north line of said Lot 12 to an iron stake at the northwest corner of this lot and the northeast corner of Lot 13; thence 8. 50491 W. 65.98 fest following the division line between said Lote 12 and 13 to an iron stake; thence N. 31°29' E. 73.07 feet to the place of beginning. THIRD TRACT: Two and four hundred eighty-six-thousands (2.486) acres of land, a portion of Block 4, Outlot 43, Division "D", of the Government Outlots adjoining the Original City of Austin, according to a map or plat of the Subdivision of Outlots 43, 44, 45, 54 and 55, said Division "D", as recorded in Plat Book 1, at page 12, of the Plat Records of Travis County, Texas, and which 2.486 acres of land consists of portions of Lots 8, 9, 10, 11, and 12, in said Block, Outlot and Division, and that portion of said Block 4 north of said Lot 12, and a portion of the alley transversing said Block 4, and the unplatted portion of said Block 4 lying north of and contiguous to that certain tract or parcel of land in said Block 4 which was conveyed to the City of Austin by Mrs. D. Daugherty, according to the record thereof in Volume 448, at pages 85-86 of the Deed Records of Travis County, Texas, and described by metes and bounds as: Beginning at an iron stake in the west line of Longview Street; the same being the northeast corner of Lot 12, Block 4, Outlot 43, Division "D", of the Government Outlots adjoining the Original City of Austin, 44, 45, 54, and 55, Division "D", of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, sas, and recorded in Flat Book 1, page 12, of the plats on file with the County Clerk of Travis County, Texas, and from which point of beginning a concrete monument at the intersection of the centerline of Longview Street and the centerline of West Twenty-fourth Street bears 8. 84014 E. 30 feet and 8. 5046 W. 1090 feet, and also from which point of beginning an iron pipe stake at the intersection of the north line of West Twenty-fifth Street and the west line of Longview Street, same being the southeast corner of Lot 1, Block 4, Outlot 43, bears 8. 5046 W. 600 feet, towit: thence N. 5046 E. 242.05 feet with the west line of Longview Street to a point in the center of Shoal Creek; thence down the center of Shoal Creek 8. 77039 พ. 184.3 feet to a point; thence down the center of Shoal Crook 8.430291 W.246.18 feet to a point; thence down the center of Shoal Oreek 8. 14043 W. 159.64 feet to an iron stake on the north 1ine of that certain tract or parcel of land which was conveyed to the City of Austin by Mrs. D. Daugherty according to Travis County Deed Records, Volume 448, pages 85 and 86; thence s. 74005 E. 215.1 feet following the north line of said Daugherty to Oity of Austin Tract to an iron stake; thence N. 390281 E. 82.7 fest to a point; thence Ν. 40052 E. 123.46 foot to the point of curvature of a curve whose intersection angle is 38000, whose radius is 250.42 feet and whose tangent distance is 86.23 feet; thence following ing, said curve an aro distance of 33.78 feet, the long chord of which are bears Ν. 44845 Ε. 33.75 feet to an iron stake in the west line of Longview Street; thence N. 5046 1. 8.75 feet following said west line of Longview Street to the place of beginning. FOURTH TRACT: Nine hundred and twenty-two-thousands (.922) acre of land, the same being a portion of Block 5, Outlot 55, Division "D", of the Government Outlots adjoining the Original Oity of Austin, and which 0.922 acre of land consists of portions of Lots 24, 25, and 26, in said Blook and Outlet, according to a map or plat of a subdivision of Outlots 43, 44, 45, 54, and 55, in said Division, as recorded in Plat Book 1, at page 12, of the Plat Records of Travis County, Texas, and described by metes and bounds ast Beginning at an iron stake set in the east line of Longview Street, the same being a point in the west line of Lot 24, Block 5, Outlot 55, Division "D", of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, according to a map or plat showing a subdivision of Outlots 43, 44, 45, 54, and 55, Division "D", as recorded in Plat Book 1, page 12, of the Plat Records on file with the County Olerk of Travis County, Texas, and from which point of beginning a concrete monument at the intersection of the centerline of said Longview Street and the centerline of West Twenty-fourth street bears N. 84014 W. 30 feet and s. 5°46' W. 1129.35 feet and also from which point of beginning an iron stake at the southwest corner of said Lot 24 bears s. 5046 W. 39.35 feet, towit: thence N. 5046 E. 218.43 feet following the east line of Longview street to an iron stake in the center of Shoal Creek, and on the south line of that certain tract or parcel of 326 land which was conveyed to the City of Austin by W. T. Caswell according to Travis County Deed Records, Volume 485, page 331; thence up the center of Shoal Creek with the south line of said Caswell to City of Austin Traot N. 85°25' E. 203.38 feet to an iron stake in the west line of the alley traversing Block 5, said Outlot 55; thence 8. 50461 พ. 187.92 feet following the west line of said alley and the east line of Lot 26, Block 5, to an iron stake; thence 8. 78053 W. 155.78 feet to the point of curvature of a curve whose intersection angle 18 38000 , whose radius is 250.42 feet and whose tangent distance is 86.23 fest; thence following said curve an aro distance of 55.53 feet, the long chord of which aro bears 8. 72°35 W. 55.42 feet, to the place of beginning. The conveyance by said Mrs. James R. Hamilton and G. H. Wooten of the land above described shall be made on and under the following conditions and stipulations, as contained in the proposal of said parties to the City of Austin, dated December 7, 1933, as fol- 10ms: 1. That the City of Austin shall agree that so long as any of the property abutting on the land hereinabove described is owned by said parties, or either of them, and so long as said parties, or either of them, are alive, that all construction and improvements on the land hereinabove described shall be made without cost to said parties, or either of them, and that no lion shall be fixed on any such abutting property for the purpose of defraying the cost of construction or improvements on same. 2. That it shall be agreed and understood that the conveyance of said described land is to be made to the City of Austin for park and street purposes only. 3. That a street shall be constructed and completed within said area of land above described and along its entire length before December 7, 1934, and in event said street is not so constructed and completed within said period, the conveyance of said parties shall be void. 4. That said parties shall be given the right and option to replat and resubdivide all of the property owned by them and abutting on the land hereinabove described in such manner as to make their lots front on said land. 5. That the City of Austin shall assume all taxes due for the year 1933 against the land hereinabove described. 6. That in consideration of the premises said parties shall release any and all causes of action and claims for damages which they, or either of them, may have against either the City of Austin or the southwest Bitulithic Company arising out of the paving construction work, change in grade, and the cutting of trees on 24th Street, in the City of Austin, and involving the property on the north side of said Street and lying between San Gabriel and the bridge on 24th Street across Shoal Creek. BE IT FURTHER RESOLVED: THẤT the sum of $2682.52 be and the same is hereby appropriated out of the Parks and Playgrounds Bonds Fund for the purpose of paying for said land as aforesaid; and that under said appropriation a warrant be issued for $350.00, payable to Mrs. James R. Hamilton or to Mrs. James R. Hamilton and G. H. Wooten, as said parties may decide, and that a warrant be issued to Southwest Bitulithic Company for $2332.52, and that said warrants be delivered to said parties, respectively, upon the execution and delivery to the City of the special warranty deed of Mrs. James R. Hamilton and G. H. Wooten to said land, and the execution and delivery to the City by the Southwest Bitulithio Company of its release of all the indebtedness involved in said suits. The resolution was adopted by the following vote: Ayes, Councilman Gillis, Mayor Miller, and Councilman Wolf, 3; nays, none; Councilmen Alford and Bartholomew absent, 2. The Mayor introduced the following resolution: 327 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) A telephone pole line in CONCHO STREET from East 20th Street Alley to East 22nd Street, the centerline of which pole line shall be 7 feet west of and parallel to the cast line of said Concho Street. (2) A telephone pole line in EAST TWENTY-FIRST STREET from Comal Street to Leona Street, the centerline of which pole line shall be & feet south of and parallel to the north line of said East Twenty-first Street. (3) A telephone pole line in NEW YORK AVENUE ALLEY from Leona Street to Salina Street, the centerline of which pole line shall be one foot north of and parallel to the south line of said New York Avenue Alley. (4) A telephone pole line in GUADALUPE STREET from West 2nd Street to West 3rd Street, the centerline of which pole line shall be 4 feet west of and parallel to the east line of said Guadalupe 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 resolution was adopted by the following vote: Ayes, Councilman Gillis, Mayor Miller, and Councilman Wolf, 3; nays, none; Councilmen Alford and Bartholomew absent, 2. The Mayor introduced the following ordinance: AN ORDINANCE CREATING THE PARKS AND RECREATION BOARD, DEFINING ITS MEMBERSHIP, PURPOSES AND FUNCTIONS. The ordinance was read the first time and laid over. There being no further business, Councilman Wolf moved that the Council recess subject to call of the Mayor. The motion was adopted by the following vote: Ayes, Councilman Gillis, Mayor Miller, and Councilman Wolf, 3; naye, none; Councilmen Alford and Bartholomew absent, 2. Attest: Haleia Meteccar City Clerk Approved: Jom milla. Mayor.