286 REGULAR MEETING OF THE CITY COUNCIL: Austin, Texas, February 08, 1940. The City Council convened in regular session, at the regular meeting place in the Council Room at the Municipal Building on Thursday, February 8, 1940, at 11:00 A. M., with Mayor Tom Miller presiding. Roll call showed the following members present: Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; absent, Councilman Bartholomew. The Minutes of the regular meeting of February 2, 1940, were read, and upon motion of Councilman G1111s, were adopted as read, by the following votes Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The Boy Scout Junior City Council, sitting in joint session with the Oity Council, presented the following resolution: (RESOLUTION) WHEREAS, in observance of the Boy Scout Week program of the Boy Scouts of America, the Scounte of the City of Austin, the future citizens and taxpayers, having duly elected C. A. Schutse, Jr., Mayor, and Ben McDonald, Jack Adkins, and Phil Rogers, of the Emerican Party, and Cleve Nolen, of the Trail Blaser Party, as councilmen to represent them as the Junior City Commission of the Boy Scouts; and WHEREAS, this Council appreciates this honor and the opportunity offered it to acquire the knowledge and experience, and to render a service in the performance of its duties; and WHEREAS, this Council appreciates the help and assistance, and the courtesies extended by the regular City Council of the City of Austin, the City Manager, the Department Heads, and all those who have aided the Tonkawa Lodge of the Order of the Arrow, honorary scout camping fraternity, in giving the Boy Scouts this opportunity; and WHEREAS, it is the desire of this Council to express its sentiments and ideas, and to offer certain proposals and suggestions; therefore BE IT RESOLVED that we, as representatives of the Boy Scouts of Austin, who, under the able leadership of Scouters, are endeavoring to exemplify the highest ideals of American citizenship according to the Scout paths and the Scout law, appreciate the splendid work done by our City Government in the direction of providing recreation facilities, good health and morals, safety, and of protecting the finest assets of our city to maintain it as one of the most outstanding natural beauty and of distinctive character which Boy Scouts so much appreciate, and therefore be it further RESOLVED: FIRST: That the City Council be requested to make any suggestions as to what activities, in addition to what the Boy Scouts are now doing, that the Scouts of Austin might take which will be of benefit to the City of Austin. SECOND: That the City Council consider the Boy Scout movement during organisation of the proposed Youth Center upon the latter's completion. THIRD:- That it preserve for the Boy Scouts the facilities of Bull Oreek for water recreation where the same is adjacent to Camp Tom D. Wooten, which has been so graciously given to the Boy Scouts by Dr. Goodall Wooten, and that it not fail to bear the Boy Scouts in mind in its regulatory program for Lake Austin; and FOURTH: That this Boy Scout Council suggests the immediate use of the name Lake Austin Boulevard, and that steps be taken for the permanent change from the old name of that "Dam" Boulevard, which, even if not spelled as such, is certainly not appropriate; and FIFTH: That with the elimination of street cars from the City of Austin, the City Council should take immediate steps to acquire at least one obsolete street car as a memorial to what progress has brought, so that the youth of the future may have them; and SIXTH: That a copy of this resolution be turned over to the City Council with the request that it be placed on the latter's minutes as a part of the formal proceedings as of this, the 8th day of February, 1940, at a joint session of the Boy Scout Junior City Council and the regular City Counci11. WITNESS our hands this eighth day of February, A. D. 1940. Attest: (Signed) Ralph E. Frede City Secretary (Signed) C. A. Schutze, Jr. Mayor Cleave Nolen Councilman Phil Rogers Councilman Bon McDonald Councilman Jack Adking Councilman 287 ! The Mayor advised the Junior Council that their request for acquisition of old street car as a relic be submitted to the President of the Austin Street Railway Company, and that the remainder of their requests, as contained in the foregoing resolution, including change in name of Dam Boulevard, would be given favorable consideration by the City Council. The Mayor submitted a letter from the Austin Building and Construction Trades Council, indorsing the proposed enlargement of the Brackenridge Hospital, which was received and filed. In this connection, the Mayor stated that a $250,000 bond issue for improvement and enlargement of Brackenridge Hospital was contemplated, and that an architect would be employed to draw plans to determine if same could be built for this amount. The following resolution was introduced by Councilman Alford, who moved its adoptions WHEREAS, by a certain instrument, dated June 5, 1918, Miles C. Leonard and wife, Mary C. Leonard, and Timothy Byrne, of Travis County, Texas, granted to the City of Austin, a municipal corporation in Travis County, Texas, a perpetual easement for a sanitary newer, together with all necessary laterals in, upon, and across Outlet 71, in Division "D", of the City of Austin, Travis County, Texas, by deed of casement recorded in Book 305, page 83, of the Deed Records of Travis County, Texas; and WHEREAS, said Outlot 71, in Division "D", has been subdivided into lots and blocks and said sanitary sewer line has been definitely located along a certain strip of land out of said Outlot 71 in and along the bed of Shoal Oreek; and WHEREAS, the City Manager has indicated to the City Council that the general easement hereinabove described is not essential to the operation of the sanitary sewer system of the City of Austin and that the City does not require for its public sanitary nower system a greater easement than the strip of land along Shoal Creek referred to above; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Manager be, and he is hereby, authorised and directed to execute and file of record with the County Clerk of Travis County, Texas, a release of that certain perpetual casement for a sanitary sever, together with all necessary laterals in, upon, and across Outlet 71, Division "D", of the City of Austin, Travis County, Texas (which easement is dated June 5, 1918, and recorded in Book 305, page 83, of the Deed Records of Travis County, Texas,) except that portion or parcel of said Outlet 71 more particularly described as follower A strip of land 50 feet in width, being a portion of Outlet 71, Division "D" of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, according to a map or plat of said Government Outlots on file in the General Land Office of the State of Texas, which strip of land herein referred to is a strip of land along and contiguous to the west side of said Outlet 71 and is in or along the bed of Shoal Creek, and begins on the west or southwest line of said Outlot and extends in a general northerly direction up said Shoal Creek to the west or northwest line of said Outlot. Upon roll call, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, 011118, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following resolution was introduced by Councilman 01111s, who moved its adoptions WHEREAS, 10.65 acres of land will be needed for overflow purposes by the construction of the Austin or Tom Miller Dam, as shown by a survey by the Engineering Department of the City of Austin, the field notes for which are hereby referred to and made a part hereof; and WHEREAS, an agreement has been reached by and between the City Council of the City of Austin and the owners of said property as to the amount to be paid the owners of said property by way of damages for an easement to said land, it being mutually agreed by and between said parties that $1400.00 would be a reasonable compensation for the required easement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT H. C. Bohls and wife, Allie Bohls, be paid the sum of $1400.00; conditioned, that said Bohls execute an easement on said land, said easement to be approved by the City Attorney of the City of Austin; and 288 BE IT FURTHER RESOLVED: THAT, wheroas, the land above described will be used in connection with and for the water and light system of the Oity of Austin, therefore, the sum of $1400.00 be and the same is hereby appropriated out of the Nater, Light and Power Fund of the City of Austin for the purpose of paying for the above described easement, and that a warrant for said amount issue therefor payable to H. C. Bohls and wife, Allie Bohle, to be delivered upon the approval by the City Attorney and the delivery to the City of Austin of an easement to the above described land. (Field Notes attached) 竹 H. O. Bohle and wife to City of Austin ZIELD NOTES FIELD NOTES FOR 10.65 ACRES OF LAND, THE SAME BEING A TRACT OF LAND IRREGULAR IN SHAPE AND BEING ALONG AND CONTIGUOUS TO THE SOUTH BANK OF THE COLORADO RIVER WITHIN TRAVIS COUNTY, TEXAS, AND BEING OUT OF AND A PART OF SURVEY NO. 1, H. T. & B. R. R. CO. SURVEY, CERTIFICATE PATIENTED TO 0. 3. SABIN, PATENT 497, VOL.12, AND WHICH 10.65 ACRES OF LAND IS A PORTION OF THAT CERTAIN TRACT OR PARCEL OF LAND CONVEYED TO H. C. BOHLS AND WIFE, ALLIX BOHLS, BY THE HIGGINBOTHAM-BARTLETT COMPANY BY DEED OF DATE FEBRUARY 1, 1928, OF RECORD IN VOLUME 413 AT PAGES 346-347, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS, AND IS MORE PARTICULARLY DESCRIBED BY HETES AND BOUNDS AS FOLLOWS: Beginning at a point in the west line of said H. C. Bohls tract, which point of beginning is in the waters edge of the Colorado River; Thence down the Colorado River following the meanders of same with the following nine coursest 8.52°53 1. 923.51 feet 5.63018 1. 592.37 feet 8.71°28' 1. 707,42 foot 8.78°10 Σ. 737.57 foot 8.86°22′ 1. 300.96 feet N.85°12' 1. 614.97 feet 8.68055 1. 988.48 feet N.640461 . 888.63 feet N.59002 1. 2175.21 fest to the mouth of Sycamore Creek; Thence up the center of Sycamore Oreek S. 22°24 1. 174.0 fest to a point; Thence continuing up the center of said Sycamore Oreek S. 14°36' W. 78.0 feet to an X mark out in solid rock, which I mark is a point on a contour line having an elevation of 500 feet above mean sea level and from which I mark an elm tree 15 inches in diameter marked X bears S. 26°1. 18.4 foot and an elm tree 4 inches in diameter marked X bears 8. 68° 1. 7.8 feet; Thence up the Colorado River following said contour whose elevation is 500 feet above mean sea level with the following forty coursest N.24°24 พ. 30.00 feet Ν.26°35' Σ. 52.9 foot N.26°41 พ. 76.7 foot N.87004 พ. 27.7 feat 8.57°10′ พ. 365.15 feet 8.580351 พ. 324.15 feet 8.58°561 พ. 229.15 feet 8.32°11' Ε. 123.15 foot 8.31°57' Μ. 195.15 feet 8. 30381 1. 47.15 feet 8.46019 1. 151.15 foot 1.52039 พ. 153.15 feet Ν. 90131 พ. 64.15 fest Ν.25°28' Σ. 191.15 foot N.59027 พ. 100.15 feet 8.70006 พ. 89.15 feet 8.59059 พ. 506.15 foot 8.610401 พ. 541.15 feet 8.62°30 พ. 242.15 foot 3.640491 พ. 649.15 Leot 8.69°57′ พ. 993.15 feet 8.20°02′ พ. 30,15 feet N.87°15' พ. 44.15 foot N.34050 W. 29.55 feet 8.840471 พ. 54.15 foot 8.69°31 พ. 75.15 foot 8.440231 พ. 131.15 feet 8. 5°23 พ. 156.15 foot 8.39001 พ. 117.15 fest N.24018 1. 110.15 feet Ν. 70148 2. 237.15 foot 8.87034 2. 327.15 feet N.860081 พ. 305.15 fest N. 78050 พ. 743.15 feet Ν. 71032 Ν. 711.15 fest Ν. 66034 พ. 571.15 feet 3. 25000 พ. 51.15 feet Ν. 5026 1. 89.15 feet Ν. 55010 W. 427.15 feet, and Ν. 51°00' W. 493.15 feet to a point in the aforesaid west line of the Bohls tract and from which point the southwest corner of said Bohle tract bears 8. 30° W. 5750 feet; Thence N. 30° 1. 45 feet, to the point of beginning. Approved: J. E. Motheral Oity Engineer 289 : Field Notes: J. Thomas Kelley February 1, 1940 Field Work: J. M. Mitchell Field Book 1177, pages 48-55 Reference: LDO-112 Upon roll call, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following resolution was introduced by Councilman G1111s, who moved its adoption: WHEREAS, Giesecke and Harris, Supervising Architect on Docket TEX-2134-F, Schools, Austin, Texas, reports that final audit shows an overrun of time on Contract No. 24, W. H. Maclay, General Construction, Brykerwood and Rosedale Schools, of twenty-seven days, and an overrun on Contract No. 61, Oklahoma City Scenic Company, Furniture and Equipment, of elevn days; and WHEREAS, the Supervising Architect has recommended to the Board of Trustees of the Austin Independont School District an extension of time of twenty-seven and eleven days, respectively, explaining that the overrun of time was due to extra work and/or for the convenience of the Owner; and WHEREAS, the Board of Trustees of the Austin Independent School District by Resolution adopted February 6, 1940, copy of which is attached hereto and made a part hereof, recommends extension of twenty-seven days Contract time on Contract No. 24, W. H. Maclay, and an extension of eleven days Contract time on Contract No. 61, Oklahoma City Scenic Company, and further recommends waiving of any liquidated damages which might have accrued had the Contract time not been extended; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, ACTING FOR THE AUSTIN INDEPENDENT SCHOOL DISTRICT IN MATTERS PERTAINING TO PWA DOCKET TEX-2134-F: THAT the extensions recommended as above listed and the waiving of penalties as recited be, and the same are hereby, approved. (School Board Resolution attached) WHEREAS, the Board of Trustees of the Austin Independent School District by Resolution adopted September 11, 1939, did accept the work under Contract No. 24, General Construction, Brykerwood and Rosedale Schools, by W. H. Maclay, of Dallas, Texas, without extending Contract Time or waiving 1iquidated damages, the Board's records indicating that the Contract had been substantially completed within the contract period and the Resolution so reciting; and WHEREAS, the records of the Public Works Administration now indicate that substantial completion date, according to their records, was not within the Contract completion date but was, as a matter of fact, determined to be twenty-seven (27) days after said Contract Time, or September 8, 1939; and WHEREAS, the Contractor has since the date of final acceptance submitted proper request for an extension of twenty-seven (27) days based on additional time required through changes and extra work ordered by the Owner; and WHEREAS, the delay indicated to have existed through the records of the Public Works Administration did not damage the Owner in any way whatsoever since the School Buildings were available in time for the opening of school for the fall session of 1939; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Austin Independent School District that an extension of twenty-seven (27) days Contract Time to September 8, 1939, be granted said W. H. Maclay, that all liquidated damages which might have accrued be waived, and that recommendation of this action be, and the same is hereby, made to the City Council of the City of Austin, acting for and in behalf of the Austin Independent School District in matters pertaining to Docket TEX-2134-F. ***** I hereby certify that the foregoing Resolution was unanimously adopted at the special meeting of the Board of Trustees of the Austin Independent School District, held on February 6, 1940, at which 290 a quorum was present and voted. (SHAL) (Signed) Cousins Gregg Secretary to the Superintend- ent of Public Schools, Austin, Texав WHEREAS, the Board of Trustees of the Austin Independent School District did, during the early stages of the installation of various Furniture Contracts, desire to extend its option of reinstating any items cut from the original Bid if it were determined that funds were sufficient after a complete cheok of said funds was possible, and therefore requested various Furniture Contractors to delay completion of their Contracts within the specified time; and WHEREAS, that procedure was followed in connection with Contract No. 61, Stage Equipment by the Oklahoma City Scenic Company, until it had been determined that no more Stage Equipment was to be bought; and WHEREAS, through this procedure on the part of the Board it was not possible for the said Oklahoma Oity Scenic Company to complete its work of installation within the Contract period, but caused an overrun of eleven (11) days, said overrun having been incurred for the convenience of the Owner; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Austin Independent School District that the Contract time under Contract No. 61 be extended eleven (11) days to November 3, 1939, and that 1iquidated damages be waived since the Owner was not damaged in any way whatsoever, copy of this Resolution to be furnished to the City Council of the City of Austin with the request that said Council concur. **************** I hereby certify that the foregoing Resolution was unanimously adopted at the special meeting of the Board of Trustees of the Austin Independent School District, held on February 6, 1940, at which a quorum was present and voted. (SHAL) (Signed) Cousins Gregg Secretary to the Superintend- ent of Public Schools, Austin, Texas. Upon roll call, the foregoing resolution of the City Council was adopted by the following votes Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, nones Councilman Bartholomew absent. The following ordinance was introduced by Councilman Gilliss AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED, "AN ORDINANCE REGULATING THE FRECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, REMOLITION, CONVERSION, 00CUPANCY, EQUIPMENT, USE, HEIGHT, AREA, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES IN THE CITY OF AUSTIN, TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; DEOLARING AND ESTABLISHING FIRE DISTRICTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANOES IN CONFLICT HEREWITH, " WHICH WAS PASSED BY THE CITY COUNCIL APRIL 30, 1931, AND IS RECORDED IN BOOK "I", PAGES 387-536, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE ΟΙΤΥ OF AUSTIN, BY ADDING TO SECTIONS 1602 (6) AND 1603 (a) NEW SECTIONS REGULATING THE CONSTRUCTION OF OFEN LUMBER SHEDS IN THE CITY OF AUSTIN; REIPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman G1111s moved that the rules be suspended and the ordinance be passed to its second reading. The motion was seconded by Councilman Alford, and the same prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The ordinance was read the second time and Councilman Gillis moved that the rules be further suspended and the ordinance be passed to its third reading. The motion was seconded by Councilman Alford, and the same prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The ordinance was read the third time and Councilman Gillis moved that the ordinance de finally passed. The motion was seconded by Councilman Alford, and the same prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The Mayor announced that the ordinance had been finally passed. The following resolution was introduced by Councilman Alford, who moved its adoptions WHEREAS, W. A. Webb is the Contractor for the alteration of a building located at 200 East Sixth 291 ! Street, and desires a portion of the sidewalk and street space abutting Lot 1, Block 68, of the Original Oity of Austin, Travis County, Texas, 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 W. A. Webb, the boundary of which is described as followes Sidewalk and Street Working Space Beginning at the northwest corner of the above described property; thence in a westerly direction and at right angles with the centerline of Brasos Street to a point 10 feet west of the east curb line; thence in a southerly direction and parallel with the centerline of Brasos Street 50 feet to a point; thence in an easterly direction and at right angles with the centerline of Brasos Street to the west property line of the above described property. 2. THAT the above privileges and allotment of space are granted to said N. A. Webb, hereinafter termed "Contractor," upon the following express terms and conditions: (1) That the Contractor shall construct a 4-foot walkway within the outer boundaries of the above described working space, such walkway to be protected on each side by a guard rail at least 4 feet high and substantially braced and anchored, and without wood strips or obstructions of any kind along the pavement within the walkway, and at any time in the opinion of the City officials it becomes necessary for any reason to install a board floor within the walkway, the Contractor shall upon notice from the Building Inspector immediately place such a wood floor and substantially support same to prevent sagging under load. (2) That the Contractor is permitted to construct in his working space a substantial gate, which shall be kept closed at all times when not in use, and at all times that such gate is open, the Contractor shall maintain a person at this gate to warn pedestrians and vehicles of approaching trucks. This gate is not to open out so as to impede vehicular or pedestrian traffic. (3) That no vehicles in loading or unloading material at the working space shall park on any part of the street outside of the allotted working space. (4) That "No Parking" signs shall be placed on the street side of the barricades. (5) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (6) That provisions 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 water. (7) That the Contractor shall place on the outside corners of any walkway, barricades, or obstructions, red lights during all periods of darkness and provide 11ghting system for all tunnels. (8) 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 Apr11 1, 1940. (9) 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. (10) That the use and enjoyment of the spaces herein granted shall not be exclusive as against public needs, and the City, in making such grant, reserves the right to enter and occupy any part or all of said space any time with its public utilities, or for other necessary public purposes. (11) That any public utility, or public or private property, disturbed or injured as a result of any of the activities necessary for the completion of the construction work for said building project, whether done by the Contractor, City forces, or public utilities, shall be replaced or repaired at 292 the Contractor's expense. (12) That the Contractor shall furnish the City of Austin a surety bond in the sum of Five Thousand ($5,000.00) 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, pavement, and all other public property and public ut111ties disturbed or removed during the construction work, and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the space. Upon roll call, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following resolution was introduced by Councilman Alford, who moved its adoptions WHEREAS, Jamie Odom is the Contractor for the demolition and erection of a building located at 900 Congress Avenue and desires a portion of the sidewalk and street space abutting Lot 1 and part of Lot 2, Block 110, of the Original City of Austin, Travis County, Texas, during the demolition and erection 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 Jamie Odom, the boundary of which is described as followst Street and Sidewalk Working Space Beginning at the northeast corner of the above described property and at right angles with the centerline of Congress Avenue; thence in an easterly direction and to a point 22 feet east of the west curb 1ine; thence in a southerly direction and parallel with the centerline of Congress Avenue to a point parallel with the south property line; thence at an angle of approximately 45° to a point parallel with the east property line and 22 feet south of the north curb line of West Ninth Street; thence in a westerly direct1on and parallel to the centerline of West Ninth Street to a point 6 feet west of the west property line; thence in a northerly direction to the northwest corner of the above described property, 2. THAT the above privileges and allotment of space are granted to the said Jamie Odom, hereinafter termed "Contractor," upon the following express terms and conditionss (1) That the Contractor shall erect and maintain continuously in good condition during the use of said space hereby allotted Jamie Odom a substantial walkway at least 4 feet wide in the clear on the inside and at least 8 feet high, the same to be covered solidly on the street side with boards to a height of 4 feet above pavement and on the building side to be covered solidly with boards to a height of 8 feet. The top of the walkway shall be covered solidly with boards at least 2 inches thick, which shall be supported at intervals sufficiently close to prevent sagging on the roofing boards. The roof of said walkway shall be covered with a roofing material which will prevent leaking of the roof and provide a dry walkway at all times. No wood strips or obstructions of any kind shall be permitted along the pavement within the walkway and at any time in the opinion of the Oity officials it becomes necessary for any reason to install a board floor within the walkway, the Contractor shall upon notice from the Building Inspector immediately place such a wood floor and substantially support same to prevent sagging under load. (2) That the Contractor is permitted to construct at each corner of his working space a substantial gate which shall be kept closed at all times when not in use, and at all times that such gate is open, the Contractor shall maintain a person at this gate to warn pedestrians and vehicles of approaching trucks. This gate is not to open out so as to impede vehicular or pedestrian traffic. (3) That no vehicles in loading or unloading material at the working space shall park on any part of the street outside of the allotted working space. (4) That "No Parking" signs shall be placed on the street side of the barricades. 293 (5) That the Contractor is permitted to construct a temporary work office within such allotted working space. (6) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (7) That provisions 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 water. (8) That the Contractor shall place on the outside cormers of any walkway, barricades or obstructions, red lights during all periods of darkness and provide lighting systen for all tunnels. (9) 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 consed, 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 September 1, 1940. (10) 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. (11) That the use and enjoyment of the spaces herein granted shall not be exclusive as against public needs, and the City, in making such grant, reserves the right to enter and occupy any part or all of said space any time with its public utilities, or for other necessary public purposes. (12) That any public utility, or public or private property, disturbed or injured as a result of any of the activities necessary for the completion of the demolition and construction work for said building, whether done by the Contractor, Oity forces, or public utilities, shall be replaced or repaired at the Contractor's expense. (13) 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 Oity 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 space. The foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following resolution was introduced by Councilman Alford, who moved its adoptions 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: A gas main in EAST 53RD STREET from a point 90 feet west of Bennett Avenue westerly 536 feet, the centerline of which gas main shall be 7 feet south of and parallel to the north property line of said East 53rd Street. Said gas main described above shall have a covering of not less than 2 feet. The Texas Public Service Company is hereby put upon notice that the City of Austin does not guarantee that the space assigned above is clear from other underground utilities, but is based upon the best records we have at hand, and that the minimum depth stated does not have any reference to the fact that greater depths may 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 294 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 roll call, the foregoing resolution was adopted by the following voto: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following resolution was introduced by Councilman Gillis, who moved its adoptions BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves the erection of a private concrete dock on the property abutting Lake Austin and owned by R. M. Delisle, described as Lots 3, 4, and 5, Block 4, of Laurel Heights Addition, a subdivision within the City of Austin, Travis County, Texas, and hereby authorises the said R. M. Delisle to construct, maintain and operate this private dock, subject to the same's being constructed in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations; and the Building Inspector is hereby authorized to issue an occupancy permit for the erection of this dock after full compliance with all the provisions of this resolution. 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 and fire regulations; and the right of revocation is retained if, after hearing, it is found by the City Council that the said R. M. Delisle has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations of) (Building Inspector) (attached Mr. Quiton Morgan City Manager Austin, Texas "Austin, Texas February 8, 1940 ! Dear Siri The undersigned has reviewed and considered the application of R. M. Delisle, the owner of Lote 3, 4, and 5, Block 4, of Laurel Heights Addition, a subdivision within the City of Austin, Travis County, Tezas, which property abuts Lake Austin, for permission to construct and maintain a private concrete dock projecting out into the Lake a distance of 12 feet. We recommend that R. M. Delisle be granted permission to construct and maintain said private concrete dock, subject to the following conditionss (1) That proper provisions, by means of bolts and angle irons, be provided for the future erection of a roof to cover this dook. (2) That no business, such as a restaurant, dance hall, concession stand, or any other enterprise for the sale of goods, wares, or merchandise, and no living quarters of any character shall be erected on this dook. (3) That said dook be equipped with proper lights which show all around the horizon for night use and shall be equipped with flags or other warnings for daylight use. Respectfully submitted, (Signed) J. C. Eckert Building Inspector. И Upon roll call, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following resolution was introduced by Councilman Gillis, who moved its adoptions WHEREAS, in Plat Book 3, page 251, of the Plat Records of Travis County, Texas, there appears a 295 map or plat of a subdivision of land which is a part of Pemberton Heights; and WHEREAS, upon said map or plat there are shown various streets known as Athridge Avenue, Hartford Road, and Greenlee Drive; and WHEREAS, portions of the above designated streets have never been developed and used for street or roadway purposes; and WHEREAS, W. L. Bradfield, G. H. Brush, Mamie Steele Jarratt, joined by her husband, J. E. Jarratt, owners of the aforesaid portion of Pemberton Heights, contemplate the resubdivision of such property, such resubdivision to provide a new arrangement of streets, which street arrangement and designation was approved by the City Plan Commission on February 2, 1940; and WHEREAS, the said W. L. Bradfield, G. H. Brush, Mamie Steele Jarratt, joined by her husband, J. E. Jarratt, have requested the City Council of the City of Austin to vacate and abandon those portions of the aforesaid streets that are located outside of the boundaries of new streets designated on the revised street plan as approved by the City Plan Commission on February 2, 1940; and said request has been reviewed and considered by the City Council of the City of Austin; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT those portions of Ethridge Avenue, Hartford Road, and Greenlee Drive, shown on a map or plat of a subdivision of a portion of Pemberton Heights appearing in Flat Book 3, page 251, of the Plat Records of Travis County, Texas, that are not located within the limits of new streets designated on the revised street plan approved by the City Plan Commission on February 2, 1940, be, and are hereby, permanently closed and vacated by the City of Austin; provided that casements for public utilities shall be retained in former street areas, such casements being designated on the revised street plan as approved by the City Plan Commission on February 2, 1940. Upon roll call, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following resolution was introduced by Councilman Gillis, who moved its adoptions WHEREAS, a strip of ground approximately 30 feet wide, known as Jefferson Street, being a part of Pemberton Heights, and described more particularly in field notes attached hereto, has been used by the public for street and roadway purposes for a number of years; and WHEREAS, such property has never been dedicated for street or roadway purposes; and WHEREAS, Hartford Road, a new 60 foot street, is being provided by W. L. Bradfield, G. H. Brush, Mamie Steele Jarratt, joined by her husband, J. E. Jarratt, said Hartford Road being located parallel to the aforesaid Jefferson Street and connecting Windsor Road and Gaston Avenue in such a manner that it will serve the public for roadway and street purposes in lieu of Jefferson Street now used by the public; and WHEREAS, the said W. L. Bradfield, G. H. Brush, Mamie Steele Jarratt, joined by her husband, J. E. Jarratt, have requested the City Council to vacate and abandon the aforesaid Jefferson Street and said request has been reviewed and considered by the City Council of the City of Austin; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Jefferson Street, located in Pemberton Heights along its west boundary and extending from Windsor Road to Gaston Avenue, and described more particularly in field noten attached hereto and made a part hereof, be, and is hereby, vacated and abandoned for street and roadway purposes; provided that an easement for public utilities shall be retained as shown on a revised street plan for Pemberton Heights approved by the City Plan Commission on February 2, 1940, a copy of which is attached hereto and made a part hereof. (Field Notes attached) TRACT "AA" FIELD NOTES OF A SURVEY OF 1.6 ACRES OF LAND, BEING A PORTION OF THE J.W.HARRIS 189.0 ACRE TRACT, A PORTION OF THE GEO. W SPEAR LEAGUE IN TRAVIS COUNTY, TEXAS, 부산 296 AS DESCRIBED IN A DEED FROM S. W. FISHER TO JOSEPHINE LUGILE FISHER, AS RECORDED IN BOOK 381, PAGES 324-325, TRAVIS COUNTY DEED RECORDS, AS SURVEYED FOR W. L, BRADFIELD AND G. H. BRUSH, BY THE METCALFE ENGINEERING COMPANY, POPE BUILDING, AUSTIN, TEXAS. BEGINNING at an iron stake for the southwest corner of a 136.99 acre tract of land, a portion of the J. W. Harris 189.0 acre tract, out of the Geo. W. Spear League, as conveyed by a deed from Josephine Lucile Fisher and husband, S. W. Fisher to the Austin Development Company, as described in Book 396, pages 400-401, Travis County Deed Records, and from which stake the southwest corner of the Josephine Lucile Fisher 189.0 acre tract as described in a deed from 2. W. Fisher as recorded in Book 381, pages 324-325, Travis County Dead Records, bears N. 60°23' W. 455.7 feet; Thence with the west line of the said 136.99 acre tract, as follows: F.B. 149. p. 24. (1) Ν. 18012 1. 506.85 feet to an iron stake; (2) Ν. 16°17 1. 178.6 feet; (3) 8. 240471 1. 1434.0 feet to a stake; (4) Ν. 580371 D. 111.09 fest to the west line of proposed Jefferson Street; (5) Thence with the west line of proposed Jefferson Street, Ν. 30000 2. 74.73 feet; (6) Thence S. 58°55' W. 181.56 feet to an iron stake at the intersection of the east line of the I&GN Railroad right-of-way; Thence with the east line of the I&GN Railroad right-of-way as follows: (7) Thence 8.14047 พ. 1455.56 feet; (8) Thence 8. 16°171 W. 177.69 feet; (9) Thence 8. 18°12 พ. 500.29 feet to an iron stake in the south line of the Josephine Lucile Fisher 189.0 acre tract; (10)Thence with the south 1ine of said 189.0 acre tract, S. 60°23' E. 30.6 feet to the place of the beginning, containing 1.6 acres of land. METCALFE ENGINEERING COMPANY By Marlton O. Metcalfe Land Surveyor. Upon roll call, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, G11118, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following resolution was introduced by Councilman Gillis, who moved its adoptions WHEREAS, in Plat Book 3, page 10, of the Plat Records of Travis County, Texas, there appears a map or plat of a subdivision of land known as Camp Mabry Heights; and WHEREAS, upon said map or plat there are shown various streets known and designated as West 31st Street, West 32nd Street, Vest 33rd Street, West 34th Street, Harrison Street, and Madison Street; and WHEREAS, the above designated streets have never been developed and used for street or roadway purposes; and WHEREAS, T. A. Bryant and wife, Mae Minette Bryant, the owners of the aforesaid Camp Mabry Heights Subdivision contemplate the resubdivision of Camp Mabry Heights, such resubdivision to provide a new arrangement of streets, the final plat of which was approved by the City Plan Commission February 2, 1940; and WHEREAS, T. A. Bryant and wife, Mae Minette Bryant, have requested the City Council of the City of Austin to vacate and abandon the aforesaid streets as designated on the Camp Mabry Heights Subdivision, and said request has been reviewed and considered by the City Council of the City of Mustin; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, THAT the streets known as West 31st Street, West 32nd Street, West 33rd Street, West 34th Street, Harrison Street, and Madison Street, and designated on a map or plat known as Camp Mabry Heights and appearing in Book 3, page 107, of the Plat Records of Travis County, Texas, be and are hereby permanently closed and vacated by the City of Austin. Upon roll call, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. 297 Upon motion of Councilman Alford, a taxicab driver's permit was granted to Chester Coleman Young, 609 East Eleventh Street, in accordance with the recommendation of the City Manager, by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; naye, none; Councilman Bartholomew absent. Upon motion of Councilman Alford, a taxicab driver's permit was granted to Hershel Harvey Hetzel, 1001 West Mary Street, in accordance with the recommendation of the City Manager, by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. Upon motion of Councilman Alford, a taxicab driver's permit was granted to Thomas Edward Waldrop, 1203 East Third Street, in accordance with the recommendation of the City Manager, by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. A request that the Ordinance be amended to allow taxicabs to park in front of cafes, as submitted by a taxicab operator, was heard. It was the sense of the meeting that the request be not granted. The request of the Austin Air College for permission to remove a fence for better use of the facilities of the Municipal Airport, as submitted by the City Manager, was referred back to the City Manager to dispose of as he deems proper. The City Plan Commission appeared before the Council and presented their annual report for the year 1939, which was received and read. In compliance with suggestions contained therein, the Commission was advised to meet with the Legal Department relative to a plan for control of the Lake area, and submit their recommendations to the City Council. The report is as followst "Honorable Mayor and City Council Austin, Texas Gentlemen: The City Plan Commission begs to submit herewith a report of its activities covering the period from January 20, 1939, to January 1, 1940, and to offer its recommendations regarding certain urgent problems affecting the welfare of the City and its environs. The year of 1939 was an active one for the Commission and was the first year in which it applied the Subdivision Regulations, which were adopted the latter part of the previous year. The wisdom of the adoption of these subdivision Regulations has been well demonstrated by the experience of the Commission in the approval of the preliminary and final subdivision plats which are hereinafter listed. The enforcement of the Subdivision Regulations complements the Zoning Ordinance and is a vital element in the development of a Master Plan for the corporate City of Austin and the five-mile regional belt surrounding the City. During the year of 1939, the Commission held 16 meetings and hearings. The Commission has fixed the second Friday of each month as a regular official meeting date, additional meetings are subject to call by the Chairman when necessary to expedite the approval of subdivision plats, and to avoid unnecessary hardships on the subdividors or property owners. The following thirty-four subdivisions received final approval during the years 1. Longview Terrace 2. Bryker Woods "C" 3. Bryker Woods "D" 4. Springdale Terrace 5. Ridgetop Onrdens 6. Σ. 0. 00odwin 7. Alff Addition 8. Willbert Addition 9. Plainview Heights 10. McGuires No. 1 11. John Wood's Addition 12. F. Haster, Lots 2 and 3, Block "0", Ridgetop Addition 13. Rosedown Addition 14. Cherico Subdivision No. 2 15. Barton Heights 16. John Woods Revised Plat (see minutes May 11,1939) 17. Westfield "A" 18. Hofheinz 19. St. Johns 20. Oakwood Cemetery Annez Section "g" 21. Mary Lee Miller Tract 298 i 22. Pipkin Addition, to furnish two prints 23. Shoalmont No. 2 24. Forrest Hill. 25. Eastfield Addition 26. Caldwell Addition 27. Oullette Addition 28. Plasa Place 29. North Gate Block "" 30. Theresa Winn 31. Orissard, W. H. 32. Tarrytown No. 6 33. Marietta Heights 34. Ward & Treadwell in Westfield "A" The Commission feels that the major accomplishment of the year was the beginning of the research and initial studies for a new Master Plan for the Oity of Austin. The Commission wishes to express its thanks and appreciation to the City Council and to the 01ty Manager for placing at the disposal of the Commission, Mr. G. S. Moore, as Technical Assistant to the Commission, in the work of preparing a comprehensive Master Plan, not only for the corporate city but for the regional territory under the jurisdiction of the Commission. The Commission, since its creation in 1928, has been seriously handicapped by the lack of funds with which to employ consultants, technical assistants, and for the acquisition of a library devoted to city planning in the form of books, pamphlets, periodicals, affiliation with National Planning Societies, as well as for secretarial assistance and communications. In the appointment of Mr. Moore, much of this handicap has been removed but the need still remains for sufficient funde for the building up of a technical library on this very comprehensive subject. It is therefore the hope of the Commission that the City Council, in its wisdom, will make provisions in its future budgets for sufficient funds to enable the Commission to function more efficiently and to make possible greater and more rapid progress in its work. The Commission again begs to emphasise the necessity of adherence to a definite plan for the growth and development of the municipality. The unprecedented growth of the Oity of Austin has severely taxed the adequacy of the original Xoch and Fowler Plan. The rapid expansion of the City has demonstrated the necessity of revision of the present City Plan to fit changing conditions due to this phenomenal physical expansion of the City. The extension of its corporate limits has brought within the City large unplanned areas which now must be correlated and fitted into the pattern of the existing City Plan. The most important and urgent problem confronting the Oity is the matter of regional planning. The rapid growth of the City, the undreamed of development of the Colorado River, the growing appreciation of the recreational and aesthetic values of this region make it all the more urgent and necessary to immediately bring about orderly planning, land use control and conservation of the irreplaceable values, both aesthetic and recreational, possessed by this region. A rapidly growing city such as Austin, in the absence of regional planning and soning, finds itself at every stage of its expansion surrounded by a fringe of partially blighted territory and uncontrolled strip development along the major highways. When these areas are incorporated into the City, a plague of non-conforming land uses and buildings confronts the City Council and the Zoning Board of Adjustment. These conditions have a very adverse effect on land values and are otherwise detrimental to an orderly, economic, and aesthetic growth of the Oity. The only remedy to this unhealthy condition is comprehensive regional and county planning. The Oity Flan Commission therefore requests the City Council to interest itself in promoting the principle of regional and county planning, for the sake of the general welfare and future prosperity of the City of Austin. The Commission also views with alarm the imminent desecration of the inestimable values of the lake region adjacent to the Oity. Lake Austin and the upper lake region are one of the most priceless assets of the City of Austin. The preservation of this asset for posterity is now threatened because of the lack of control over the lake shore and adjacent lands. Shall the violet crown hills be handed over to commercial exploitation in the form of bill boards, liquor dispensaries, uncontrolled pleasuге resorts, tourist camps, ugly wharves and docks, etc.? The same orusade that was waged in 1915 against the desecration and mutilation of the beauty and recreational assets of the lake region must be waged again by those who have the vital interest of the future of this region at heart. Were it not for the active protests of the women's organisations of the Oity and the Rotary Olub in 1915, the Dam Boulevard would have been lined with unsightly b111 boards, and the hills on either side of the lake would have been defaced with enormous commercial signs. The intensity of the moral indignation is well illustrated by the following public statement of a pioneer in outdoor advertising in this Oity, the late Mr. G. Flury: "I wish here and now to go on record as being most carnestly opposed to any mutilation of the hills bordering the lake with signs of any nature. I wish to see the natural scenery preserved in its original state and the great beauty of the lake unspoiled thru the commercialization of the property rights along its shores. " The foregoing obnoxious development along the shores of Lake Austin is now possible because of the lack of any control of these shores through soning, regional planning, or building restrictions. The present control is limited to sanitation only but not to land use. Solutions of this problem 11e in county or regional planning, and possibly in the acquisition of scenic eusements on the land adjoining the lakes for a determined distance. While county planning is the more comprehensive method of control, it would requira more time for realisation and the latter method of easements may be more immediately effectuated. In any case, this matter should receive the immediate attention of the citizens of this region. In addition to the above, the Council's attention is called to the conditions of the property adjacent to the Dam extending from the Dam up to the Walsh line, , comprising the 200 feet belonging to the City and the remaining land belonging to the University of Texas. Under the administration of Mayor Wooldridge in 1915 this land was set aside for a park for the use of the public with a public dock. A landscape plan was prepared at that time for the development of this land with the view to enhancing its beauty and providing for an unspoiled view of the lake and the hills on the opposite shore. The present island and other obstructions in front of this portion of the lake front should be removed and no further private appropriation of this portion of the lake shores be permitted. It is hoped that the City Council will preserve its own land for the benefit of the public, and prevail upon the University of Texas to likewise dedicate its remaining land for the same purposes, so that the uncontrolled commercialisation of this arca may be checked. In view of the seriousness of the situation of Lake Austin and its environs and the necessity of immediate action in proventing the possible depreciation of this area and thus destroying one of the greatest assets for the future prosperity and growth of this City, the City Plan Commission requests the Council to appoint a committee for an investigation of the jurisdictions now controlling the lake region, and for the presentation of a definite plan for controlling this area for the benefit and general welfare of all the citizens in this city and county. The committee should include representation from the City Plan Commission, the Zoning Board of Adjustment, the Engineering Department of the City, the Legal Department, the Police Department, and Civic Committee of the Chamber of Commerce and such other individuals of the community who are in sympathy with the aims of those who are endeavoring to preserve the beauty, safety, health, and land values of the lake region. The Commission begs to express its appreciation for the cooperation of the City Council and various departments of the Oity. It is the earnest desire of the Commission to render a definite service to the City Council and to promote in every possible way the general welfare and happiness of the City of Austin. Very truly yours, (Signed) H. F. Kuehne Chairman, 01 ty Plan Commission. Tebruary 7, 1940. N Upon motion, seconded and carried, the meeting was recessed at 12:10 P. M., subject to call of the Mayor. Attor City Clerk PEGULAR MEETING OF THE CITY COUNCIL: Approved, Jom milla. Mayor Austin, Texas, February 15, 1940. The O1ty Council convened in regular session, at the regular meeting place in the Council Room at the Municipal Building, on Thursday, February 15, 1940, at 11:00 A. M., with Mayor Tom Miller presiding. Roll call showed the following members presents Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; absent, Councilman Bartholomew. The Minutes of the regular meeting of February 8, 1940, wore read, and upon motion of Councilman Wolf were adopted as read by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. Messrs. Raymond Brooks, Chas. Matula, and O. L. Norman, representing the Colorado River Authority, appeared before the Council and requested permission to rase the old power house at the Austin Dam to the Lake floor line and to build a railing around it for an observation station. The request was granted, with the understanding that the crane there will become the property of the City if not used by the CRA. It was moved by Mayor Miller that the firm of Maxwell & Cox, Accountants, be employed for another year, at a salary of $1500, to make monthly audits of the City's books, and that said firm be paid 299