66 "Austin, Tехав March 07, 1935. The above Agreement is accepted as ordered by Resolution passed this date by the City Council, City of Austin. City of Austin by (Sgd) Guiton Morgan, City Manager. " Upon motion of Councilman Wolf, seconded by Councilman Gillis, the Council then recessed, subject to call of the Mayor, by the following vote: Ayes, Councilmen Bartholomew, G1111s, Mayor Miller, and Councilman Wolf, 4; nays, none; Councilman Alford absent, 1. Attest: Itallic Mo City Clerk REGULAR MEETING OF THE CITY COUNCIL: Approved: Jom Milla. Austin, Texas, March 7, 1935. The meeting was called to order at 10:45 A. M., with Mayor Tom Miller presiding. Roll call showed the following members. present: Councilmen C. F. Alford, C. M. Bartholomew, Simon G1111s, Mayor Tom Miller, and Councilman Oswald G. Wolf, 5; absent, none. The reading of the Minutes was dispensed with. The City Manager submitted to the Council a tabulation of bids received on the 4th instant for the purchase of the four houses and three building sites adjacent thereto situated within the right-of-way lines of the proposed South Congress Avenue extension. Councilman Gillis moved that the bids of s. P. Tadlock for House No. 1, House No. 2, Lot A and Lot B, in the amount of $3,510.00; F. C. Odell for House No. 3, in the amount of $676.50; H. Joseph for House No. 4, in the amount of $802.00; and W. L. Moore for Lot C, in the amount of $800.00, the total of said bias being $5,788.50, be accepted and the City Manager be authorized and directed to execute all necesвагу papers for the sale of said properties to said bidders and to return the certified or cashier's checks of the unsuccessful bidders. The motion was seconded by Councilman Alford and carried by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The petition of property owners asking for a change in the zoning classification of property contiguous to the intersection of East 45th and Red River Streets was referred to the Board of Adjustment for a report on the matter and the Building Inspector was instructed to issue no permit for store or other business in this district while the matter is pending. The application of Mrs. J. K. Eichelberger, owner, by Henry Wendlandt, agent, for a change in the zoning classification of Lot 4, less the north 12 feet, and all of Lot 5, in Block B-7, Sweetman Addition, known as 2008 South Congress Avenue, from Commercial "C" District to Industrial "D" District, in order. to permit the establishment of a lumber yard 67 at this location, was read. A letter from the Southside Development Association indorsing the application, provided no planing mill be operated on the premises, was also read. It appearing that the erection of what is commonly known as a" dry" lumber yard is permissible in a Commercial "C" District, the matter was referred to the City Manager to have the permit granted, with the stipulation that no manufacturing or industrial use be made of the premises. The request of M. H. Crockett for permits to erect a gasoline filling station on South Congress Avenue approximately three hundred feet north of its intersection with Riverside Drive and to widen the driveway at the Gulf Filling Station at the intersection of Barton Springs Road and South Congress Avenue was referred to the City Manager for recommendation: Councilman Wolf offered the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Manager is directed to advertise for bids for the purchase of $75,000.00 City of Austin Public Market Bonds Series 1935, said bids to be received until 10 o'clock A. M. April 4, 1935; and to publish advertisements thereof in The Bond Buyer, New York, the Austin American and the Austin Dispatch. : The resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none, Councilman Gillis offered 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: (1) A gas main in JULIUS STREET, beginning at a point 15 feet west of and 51 feet south of the intersection of the east line of Julius Street and the south line of Canterbury Street; Thence in a southerly direction with the centerline of a gas main, which centerline shall be 15 feet west of and parallel to the east line of said Julius Street, for a distance of 190 feet. Said gas main described above shall have a cover of not less than 22 feet. (2) A gas main in WEST FORTIETH STREET, beginning at a point 20 feet south of and 38 feet weet of the intersection of the north line of West 40th Street and the east line of Avenue B; Thence in a westerly direction with the centerline of a gas main, which centerline shall be 20 feet south of and parallel to the north line of said West 40th Street, for a distance of 118 feet. Said gas main described above shall have a cover of not less than 20 feet. (3) A gan main in EAST THIRTY-FIFTH STREET, beginning at a point 18 feet south of and 27 feet west of the intersection of the north line of East 35th Street and the west line of Griffith Street; Thence in a westerly direction with the centerline of a gas main, which centerline shall be 18 feet south of and parallel to the north line of East 35th Street for a distance of 25 feet. Said gas main described above shall have a cover of not less than 20 feet. (4) A gas main in MEDINA STREET, beginning at a point & feet east of and 5 feet south of the intersection of the centerline of Medina Street and the south line of East 6th Street Alley; Thence in a southerly direction with the centerline of a gas main, which centerline shall be & feet east of and parallel to the centerline of Medina Street for a distance of 98 feet. Said gas main described above shall have a cover of not less than 20 feet. 68 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 not 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. AND THAT whenever pavement is cut in the vicinity of a fire plug, water must be used at intervals during the course of backfilling 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. Upon motion of Councilman Gillis the resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. Councilman Gillis offered the following resolution: WHEREAS, J. R. Blackmore is the Contractor for the construction of a building located at 2319 Rio Grande Street and desires a portion of the sidewalk and street space abutting the west 60 feet of the north 118 feet of Lots 1 and 2, Outlot 37, Division "DH of the City of Austin, Texas, during the construction 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 J. R. Blackmore, the boundary of which is described as follows: Sidewalk and Street Working Space Beginning at the southwest corner of the above described property, which point is in the east line of Rio Grande Street 118 feet south of the south line of 24th Street; thence in a westerly direction and at right angles to the centerline of Rio Grande Street a distance to a point & feet west of the east ourb line of Rio Grande Street; thence in a north- erly direction and parallel with the centerline of Rio Grande Street a distance of 80 feet; thence in an easterly direction and at right angles to the centerline of Rio Grande Street a distance to the east line of Rio Grande Street; thence in a southerly direction along the east line of Rio Grande Street to the place of the beginning. 2. THAT the above privileges and allotment of space are granted to said J.R.Blackmore, hereinafter termed "Contractor," upon the following express terms and conditions: (1) That the Contractor shall construct a guard rail around all spaces used for storage spaces and working spaces and shall maintain a walkway at least 4 feet wide protected on each side by a guard rail. Guard rails shall be at least 4 feet high and sub- stantially braced and anchored. (2) That the Contractor shall in no way obstruct any fire plugs or other public uti11ties in the construction of such guard rails. (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, barricades or obstructions red lights during all periods of darkness. (5) That the Contractor is permitted to construct a temporary work office within such allotted working space provided such work office is not within 25 feet of any corner street intersection. (6) 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 May 1, 1935. (7) 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. (8) 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. (9) That the Contractor shall furnish the City of Austin a surety bond in the sum of Five Thousand Dollars ($5000.00), 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, pavement and all other public property and public utilities disturbed or removed during the construction work and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the sрасе. Councilman Gillis moved the adoption of the above resolution with the further stipulation that the Contractor use extraordinary precaution in the use of street space, using the alley as much as possible in the construction of said building. The motion carried by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The following report of the City Engineer and Building Inspector was read: "Austin, Texas March 6, 1935 |- Mr. Guiton Morgan City Manager Austin, Teхав Dear Sir: We, the undersigned, have considered the application of Walter R. Schulze, acting by and through H. Richards, lessee, for permission to construct, maintain and operate a drive-in gasoline filling station, grease lift and wash rack, and to construct curbs, ramps, sidewalks and commercial driveways in conjunction therewith, and also to construct a warehouse for the storage of lubricating oils and greases upon property situated at the northeast intersection of East Ist Street and Chicon Street, which property is owned by Walter R. Schulze and is known as Lot 1, Block 1, of Fairgrounds Addition to the City of Austin, Travis County, Texas, and we hereby advise that the following conditions exist: The property upon which this filling station and warehouse is to be located is designated as "C" Commercial Use District upon the zoning map of the City of Austin. A storm sewer existe at the northeast corner of the intersection of East Ist Street and Chicon Street. We recommend that Walter R. Schulze, acting by and through H. Richards, lessee, be granted permission to construct, maintain and operate a drive-in gasoline filling station, grease lift and wash rack, and to construct curbs, ramps, sidewalks and commercial driveways in conjunction therewith, and also to construct a warehouse for the storage of lub- ricating oils and greases, 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 is installed. Lines and grades to be obtained from the City Engineering Department for entrances and driveways, building lines to be approved by the City Building Inspector. That the applicant shall confer with the City Engineering Department as to the future grades of the sidewalks and 69 70 gutters on the adjacent streets before he starte any construction relative to the filling station and warehouse. (2) That all construction of the filling station improvements shall be in accord with the Building Ordinance, the Zoning Ordinance, the Filling Station Ordinance, and in accord with the Ordinance prohibiting the disposal of commercial water or oils upon the City streets. (3) That the grades of the station shall be such that no waste oils or water or any floor washings shall ever pass over the City sidewalk area and that all of said oils and water shall be concentrated into a combined grease and sand trap which shall be constructed in accordance with our standard plan 2-H-146 and shall be conducted by a pipe connection from said sand trap to the nearest storm sewer at the expense of the applicant. Before commencement of any construction the applicant shall apply to the City Engineer for an estimate of the cost of thatportion of the storm sewer which will have to be built within any city street or alley and shall deposit in escrow a sum equal to said estimate with the City Finance Director. (4) That all filling station improvements, pumps, driveways, ramps, gutters, sidewalke, and curbs shall be constructed of concrete at the expense of the applicant as set forth upon the plan hereto attached, which plan bears the City Engineer's file number 2-H-426. (5) Expansion joints shall be constructed as shown upon the plan hereto attached marked 2-H-426 and shall be of the pre-moulded type. (6) That before use of said station the owner shall apply to the Building Inspector for final inspection when he considers that he has complied with all the requirements of the City. Respectfully submitted, (Sgd) J. E. Motheral City Engineer. J. C. Eckert Building Inspector. " Councilman Wolf then offered the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves as a filling station and warehouse site the property situated at the northeast intersection of East Ist Street and Chicon Street, which property is owned by Walter R. Schulze and is known as Lot 1, Block 1, of Fairgrounds Addition to the City of Austin, Travis County, Texas, and hereby authorizes Walter R. Schulze, acting by and through H. Richards, lessee, to construct, maintain and operate a drive-in gasoline filling station, grease lift and wash rack, and to construct curbs, rampe, sidewalks and commercial driveways in conjunction therewith, and also to construct a warehouse for the storage of lubricating oils and greases, subject to the same's being constructed in compliance with all the ordinances relating thereto, and further subJect to the foregoing attached recommendations and plans; and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this filling station and warehouse after full compliance with all the provisions of this resolution, and said permission shall be held to be granted and accepted subject to all necessary, reasonable and proper, present and future regulations and ordinances of the City of Austin, Texas, in the enforcement of the proper police, traffic and fire regulations; and the right of revocation is retained if, after hearing, it is found by the City Council that the said Walter R. Schulze and H. Richards have failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. The foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The following report of the City Manager was read: i "Austin, Texав March 6, 1935 Hon. Mayor and City Counc11 City of Austin. Gentlemen: Bids were received at 10 A. M., March 6th, for repairs and improvements at the Austin Athletic Club, which will provide fire escapes, repairs to the boiler room, and the construction of outside flues to eliminate fire hazards and provide egress in the event of fire, and to otherwise make this building conform to the Building Code and ordinanсев regulating the use and occupancy of buildings, and the bide received were as follows: J. R. Blackmore Base bid Deduction for alternate Wm.. Kutalek Base bid Deduction for alternate $1,180.00 310.00 $1,345.00 408.00 These bids were in accordance with the plane and specifications of the City of Austin and it is my recommendation that the contract be awarded to J. R. Blackmore, and the appropriation attached herewith for the sum of $1,180.00 be made authorizing this improvement, which is essential for the safety of this building and occupants. Yours very truly, (Sgd) Guiton Morgan, City Manager. Councilman Gillis moved that the foregoing report of the City Manager be approved and the contract awarded to the said J. R. Blackmore on his basic bid of $1,180.00. The motion carried by the following vote: Ayes, Councilmen Alford, Bartholomew, G11118, Mayor. Miller, and Councilman Wolf, 5; nays, none. Councilman Gillis then offered the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of $1,180.00 be and the same is hereby appropriated out of the General Fund, not otherwise appropriated, for the purpose of making certain alterations and improvements to the Austin Athletic Club, bids for which were received March 6, 1935, and J. R. Blackmore's bid for the above amount was accepted. The foregoing 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 ordinance, which was introduced at the regular meeting of January 31, 1935, and laid on the table subject to publication: AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN, AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY LYING ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN THE PARTICULARS STATED IN THE ORDINANCE. The foregoing ordinance was read the first time and Councilman Wolf moved a suspension of the rule and the placing of the ordinance on its second reading. The motion carried by the following vote: Ayes, Councilmen Alford, Bartholomew, G1111s, Mayor Miller, and Councilman Wolf, 5; nays, none. The ordinance was read the second time and Councilman Wolf moved a further suspension of the rule and the placing of the ordinance on its third reading. The motion carried 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 Wolf moved that same be finally passed. The motion carried by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The Mayor declared the hearing open on the proposal of the City Council to amend the Zoning Ordinance of the City of Austin in the following particulare: 71 72 To amend the Use designation of the two quarter-blooks abutting on Congress Avenue between 13th and 14th Streets, which property 18 legally known as Original Lots 1, 2, and 3, Block 159, and Original Lots 1, 2, and 3, Block 160, of the Original City of Austin, so as to change same from "B" Residence District to "C" Commercial District. There being no objections to the proposed change, the City Attorney was directed to prepare an ordinance amending the Zoning Ordinance in the particulars stated for passage at the next regular meeting. Councilman Bartholomew moved that the following certificate of the City Manager as to the destruction of certain bonds of the City of Austin be copied in full in the Minutes, which motion carried by the following vote: Ayes, Councilmen Alford, Bartholomew, G11118, Mayor Miller, and Councilman Wolf, 5; nays, none: #STATE OF. TEXAS # COUNTY OF TRAVIS # CITY OF AUSTIN. # This is to certify that I have, on this 1st day of March, 1935, as directed by a resolution passed by the City Council of the City of Austin, Texas, and in the presence of the undersigned attesting witnesses, caused the following numbered and otherwise described cancelled bonds to be destroyed by cremation in the City Incinerator, together with sundry cancelled coupons paid by the City of Austin, Texas, on its bonded debt. Description Rate Issued Due or Called Bond Nos. Amount Abattoir 4-3/4% 12-16-1929 1-1-1934 4 $1,000.00 Fire Stations Fire Stations 4-1/2% 11-1-1928 7-1-1934 5 % 1-1-1932 1-1-1934 72 7 1,000.00 2 1,000.00 Cemetery 5 %7-1-1912 7-1-1934 43-44 2,000.00 Incinerator 5 % 1-1-1924 1-1-1934 10 1,000.00 Public Library 5 % 1-1-1932 1-1-1934 3-4 2,000.00 Airport 4-1/2% 11-1-1928 7-1-1934 8-9 2,000.00 Filtration 5 % 1-1-1925 1- 1 - 1934 51-57 7,000.00 Sewer Disposal Plant 5 % 7-1-1918 7-1-1934 76-80 2,500.00 Sanitary Sewer 5 %7-1-1912 7-1-1934 161-170 10,000.00 Sanitary Sewer 5 7-1-1915 7-1-1934 Sanitary Sewer 4-1/2% 11-1-1928 37-38 2,000.00 7-1-1934 6 1,000.00 Sanitary Sewer 4-3/4% 5-1-1929 1-1-1930 Sanitary Sewer 4-3/4% 12-16-1929 19-23 5,000.00 7-1-1930 10-12 3,000,00 Sanitary Sewer 4-3/4% 1-1-1931 1-1-1934 5-6 2,000.00 Street, Bridge & Sewer 5 % 7-1-1915 7-1-1934 246-260 15,000.00 Street Improvement Street Improvement 4-1/2% 11-1-1928 1/21128 7-1-1934 161-170 10,000.00 7-1-1934 16- 19 4,000.00 Street Improvement 4-3/4% 5m 21-1929 7-1-1934 37-46 10,000.00 Street Improvement 4-3/4% 12-16-1929 1-1-1934 29-38 10,000.00 Street Improvement 4-3/4% 1-1-1931 1-1-1934 24-35 12,000.00 Parks & Playgrounds 4-1/2% 11-1-1928 7-1-1934 7 1,000.00 Parks & Playgrounds 4-3/4% 5-1-1929 7-1-1934 13-15 3,000.00 Parks & Playgrounds 4-3/14% 12-16-1929 1-1-1934 8-10 3,000.00 Parks & Playgrounds 4-3/4% 1-1-1931 1-1-1934 7-9 3,000.00 Refunding Refunding 4-1/2% 347- 7-1-1916 1-1934 664-702 39,000.00 1-1-1917 1-1-1934 161-168 8,000.00 Hospital Hospital 6 2 %7-1-1912 7-1-1932 1-50 50,000.00 % 7-1-1921 7-1-1934 9 1,000.00 Hospital 4-1/2% 1-1-1928 7-1-1934 Новрitаl 4-1/2% 11-1-1928 7-1-1934 18- 13 2,000.00 1,000.00 School 5 % 7-1-1912 7-1-1932 1-24 24,000.00 26-35 41-60 10,000.00 20,000.00 School 5 % 7-1-1915 7-1-1934 131 1,000.00 133-140 8,000.00 School 5 1-1-1918 1-1-1934 21-22 2,000.00 School 5 % 1-1-1924 1-1-1934 School 4-3/4% 1-1-1926 47-52 6,000.00 1-1-1934 18-20 3,000.00 School 4-1/2% 11-1-1928 7-1-1934 26-31 6,000.00 $294,500.00 Witnesses: (Sgd) C. M. Bartholomew Oswald G. Wolf Simon G11118. 11 (Sgd) Guiton Morgan, City Manager, City of Austin, Teхав. Councilman Wolf offered the following resolution: WHEREAS, in the District Court of Travis County, Texas, 53rd Judicial District, in Cause No. 47635, City of Austin vs. Milton Rivera et al., plaintiff, City of Austin, recovered a judgment for the amount of the taxes, interest and penalties due on the hereinafter described land (together with other land), and judgment foreclosing its tax lien thereon, and decree for order of sale; and WHEREAS, the name of the owner of the hereinafter described land at the time suit was brought was Milton Rivers and not Milton Rivera, and in said cause citation issued against Milton Rivera, Judgment was taken against Milton Rivera for the amount of the taxes, together with foreclosure of the City's tax lien on said land, and said land was afterwarde sold, and Sheriff's deed purported to convey the interest of Milton Rivera to said City of Austin, whereas in truth and in fact the owner of said land was one Milton Rivers; and, WHEREAS, the costs incident to bringing said suit, obtaining said judgment and selling the hereinafter described land to City of Austin was all taxed against Milton Rivera and not against Milton Rivers, the owner of said land; and WHEREAS, the taxes for the years 1923 and 1928 and the years subsequent thereto have been fully paid in the sum of $56.01; and WHEREAS, it is considered that in view of the above facts, the penalties and interest should be remitted; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT all penalties and interest on the taxes on the land hereinafter described for the years 1923 and 1928, and the interest on said judgment, together with all court costs, amounting in the aggregate to $56.70, on Lots Nos. 7 and 8, in Outlot 46, Divis1on "B", in the City of Austin, Travis County, Texas, be and the same are hereby remitted and that said sum of $58.01 be and it is hereby accepted in full settlement of said Judgment and subsequent taxes to and including the year 1934. The resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, 01111s, Mayor Miller, and Councilman Wolf, 5; nays, none. There being no further business, Councilman Alford moved to recess subject to call of the Mayor. The motion carried by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf, 5; nays, none. The Council then reсеввед. Attesy: City Clerk Approved: Jom Miller. Mayor. 73