319 thirty-three mile speed, fully equilled; and one 25-foot Chris-Craft Cabin boat, 951P, twenty-two mile upoed, fully equipped; both boats to be delivered in the water at Lako Austin, and to be delivered in approximately ton days. Upon roll call, the foregoing resolution was adopted by the following vote: Ayce, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Mayor Millert BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of $500 be and the same is hereby appropriated out of the General Fund, not otherwise appropriated, for the purpose of paying the Austin High School Band for concerts to be played during the summor monthe. Upon motion of Mayor Miller, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomow, Gillis, Mayor Miller, and Councilman Wolf; naye, none. Upon motion, seconded and carried, the meeting was recossed at 12:15 P. M., subject to call of the Mayor. Attepts ae car City Clerk REGULAR MEETING OF THE CITY COUNCIL: Approved, Jom milla. Mayor Austin, Texas, March 7, 1940. The City Council convened in regular session, at the regular meeting place in the Council Room at the Municipal Building, on Thursday, March 7, 1940, at 10:55 A. M., with Mayor Tom Miller presiding. Roll call showed the following members presents Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; absent, none. The Minutes of the regular mooting of February 29,1940, were read, and, upon motion of Councilman Wolf, were adopted as read by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. Mr. M. H. Crockett appeared before the City Council on behalf of the Parent-Teacher Association and expressed the thanks of said organization for the recent appropriation to the Austin High School Band for concerts, and for the personal chocks of Mayor Miller and Councilman Bartholomow for new uniforms for said band. A largo delegation of citizens was present in the interent of the proposed bond issue for Brackenridge Hospital. Those who spoke in favor of submittinga total issue of $450,000 were the following: Dr. W. R. Houston; Wm. Trenckmann, representing the Social Service Committee of the University Church of Christ; Mrs. D. B. Klein, representing an organization of Jewish women; Mrs. Wm. Sheriffs; Dr. C. T. Wharton; Dr. F. C. Gregg; Mrs. Cecil Cabanise; Mrs. Rex Hopper; Father Duffy; C. H. Stautz; 320 i Edmund Travis; and Dr. C. B. Dildy. Those who spoke in opposition to the total issue of $450,000 because it would mean an increase in the tax rate were the following: Mrs. Ada C. Penn, M. H. Crockett, and Clifford H. James. A petition, signed by approximately eighty-one citizens and property owners, indorsing the proposed $1450,000 bond issue, was prosented by Mrs. im. Sheriffs. A written communication from Dr. F. N. Moore, F.A.C.C.P., and Neville Johnston, President of the Bociety for ex-Tubercular Patients, asking that a part of the proposed bond. issue for Brackenridge Hospital be allocated to the Austin-Travis County Tuberculosis Sanatorium, was received and ordered filed. Following the discussion, the foregoing matter was taken under advisement. The following resolution was introduced by Councilman Wolfs WHEREAS, in the original plan of the Lower Colorado River Authority the power house was to be built on the west side of the river; however, it has developed that a power house built on the cast side of the river would be more accessible and more practicable for all purposes; and WHEREAS, the City of Austin desires to construct a switching station at the power house, on the property leased to the Authority, and to widen the street and sot back the fence line; and WHEREAS, it is found that when this is done the Authority will be deprived of the full amount of the land covered by their lease with the City of Austin, and has requested that the City of Austin allow the Authority the use of 100 feet additional of land immediately south of that set out in the lease for its use during the operation of the dam and power house; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Manager be authorized to enter into an agreement with the Lower Colorado River Authority for the use, by the Authority, of 100 additional feet of land immediately south of that sot out in the lease, for its use during the operation of the dam, in exchange for the land used for the switching station and for the widening of the street at the dam. Upon motion of Councilman Wolf, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; noys, none. The following resolution was introduced by Councilman Alford: FE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves the anchoring of a private floating boat house on the property leased by J. E. Clifton, known as the Walsh property, abutting on Lake Austin approximately 800 feet north of the Tom Miller Dam, and hereby authorizes the said J. E. Clifton to anchor and maintain said privato floating boat house, subject to the same's being 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 anchoring of this private floating boat house after full complianco with all the provisions of this resolution. Said permission shall be held to be granted and accepted subject to all nocossary, reasonable and proper, present and future regulations and ordinances of the City of Austin, Texas, in the enforcemont 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 J. E. Clifton has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations) "Austin, Texas March 7, 1940 Mr. Quiton Morgan City Managor Austin, Texas Dear Sir: The undersigned has considered the application of J. E. Clifton, lossee of a piece of property frown as the Walsh property, abutting on Lake Austin approximately 800 foot north of the Tom Miller Dam, for permission to locato a private floating boat house extending out into Lake Austin on this property. I recommend that J. E. Clifton bo granted permission to anchor and maintain said private boat house on this property, subject to the following conditionst 1. That said floating boat house be securely tied by heavy cable to trees that have withstood provious floods, or to some other solid object located inland on this property. 2. That no businose, such as a restaurant, dance hall, concession stand, or any other enterprise for the sale of goods, waros or merchandise, and no living quarters of any character shall be erected on this private floating boat house. 3. That said private floating boat house 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, (Signod) J. C. Eckert Building Inspector. N Upon motion of Councilman Alford, the foregoing resolution was adopted by the following votes Ayes, Councilmon Alford, Bartholomow, Gillis, Mayor Miller, and Councilman Wolf; naye, none. The following resolution was introduced by Councilman Bartholomewt BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN THAT the City Council of the City of Austin hereby approves the anchoring and maintaining of a floating boat dock on the property leased by Mrs. Mary Collins on the shore of Dry Creek, which lease 1s recorded in Travis County Deed Records, Book 586, page 275, and is lmown as the W. H. Stevenson property, being approximately five miles north of the Tom Miller Dam, and hereby authorizes the said Mrs. Mary Collins to construct, maintain and operate the floating boat dock, subject to the same's being constructed in compliance with all the ordinances relating thereto, and further subject to the foregoing recommendations; and the Building Inspector is hereby authorized to issue an occupancy permit for the anchoring of said floating boat 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 futuro, regulations and ordinances of the City of Austin, Texas, in the enforcement of the proper police and fire rogulations; and the right of revocation is retained if, after hearing, it is found by the City Council that the said Mrs. Mary Collins has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations, and ordinances. (Recommendations) (attached Mr. Quiton Morgan Oity Managor Austin, Texав Dear Siri "Austin, Texas March 7, 1940 The undersigned has reviewed and considered the plans and photograph accompanying the application of Mrs. Mary Collins, lessee of a piece of property abutting on the shores of Dry Creek, which lease 1e recorded in the Travis County Deed Records, in Book 586, page 275, and known as the W. H. Stovenson property and is approximately five milos north of the Tom Miller Dam, for permission to locate a floating boat dock and anchor sume in Dry Creek. I recommend that said Mrs. Mary Collins be granted permission to anchor and maintain waid floating boat dock on property which she has under lease, subject to the following conditionst 1. That said floating boat dock be securely anchored to piling to prevent being drifted by the wind and also to be tied by heavy cable to trees or other permanent objects located inland on this property. 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 floating boat dock. 3. That said floating boat dock 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 usво. Respectfully submitted (Sgd) J. C. Eckert, Building Inspector. " 321 : 322 Upon motion of Councilman Bartholomow, the forogoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, nono. The following resolution was introduced by Councilman Wolfs BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin heroby approves the orection of a private pier and diving board on the property leased by H. W. Porsch, which property abute Lake Austin and is known as part of the Marion Fowlor Ranch, and hereby authorizes the said H. W. Porsch to construct, maintain and operate this private pier and diving board, subject to the same's being constructed in compliance with all the ordinances relating theroto, 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 private pier and diving board 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, Toxas, in the enforcement of the proper police and fire regulations; and the right to revoke same is retained if, after hearing, it is found by the Oity Council that the said H. W. Porsch has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations) "Austin, Texas March 7, 1940 Mr. Guiton Morgan City Manager Austin, Texав Dear Sir: The undersigned has reviewed the plans and considered the application of H. W. Porsch, lessee of a piece of property abutting on Lake Austin and recorded in Travis County Deed Records, and being known as part of the Marion Fowler Ranch, for permission to erect a private pier and diving board extending out into the water of Lake Austin a distance of 15 feet. I recommend that H. W. Porsch be granted permission to eroct and maintain said pier and diving board on this property, subject to the following conditions: 1. That nothing but creosoted piles and galvanized iron bolts be used in the construction of this pier and diving board. 2. That no business, such as a restaurant, dance hall, concession stand, or any other onterprise for the sale of goods, wares, or merchandise, and no living quarters of any character, shall be erected on this pier. 3. That said pier and diving board 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. Roupectfully submitted, (Signod) J. C. Eckert Building Inspector. " Upon motion of Councilman Wolf, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, 011118, Mayor Miller, and Councilman Wolf; naye, none. The following resolution was introduced by Councilman Alfordt BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves the installation of gasoline equipment located on property leased by Jack Reed, being 93 feet out of the McGinnis & Walsh tract of land within the City of Austin, Travis County, Texas, and lying immediately north of the University property, and hereby authorizes the said Jack Reed, lessee, to install, maintain, and operate this marine fueling station, 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 marine fueling station 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 1 i ordinances of the City of Austin, Toxas, 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 Jack Reed has failed and refused, and will continue to fail and refuse to perform any such conditions and regulations and ordinances. (Recommendatione) (attached ) Mr. Quiton Morgan City Manager Austin, Texав Dear Sir: "Austin, Tехав March 7, 1940 The undersigned has reviewed and considered the application of Jack Reed, lessee of 93 feet out of the McGinnis & Walsh tract of land within the City of Austin, Travis County, Texas, abutting on Lake Austin and lying immediately north of the University property, for permission to erect and install gasoline pumps and tants as a marine fueling station to service motor boats on the Lake. 1. That the installation of all pumps and tanks meet the requirements of the National Board of Fire Underwriters regulations for Marine 011 Terminals used exclusively as gasoline fuel stations for small crafts and muat bear the National Board of Fire Underwriters label. All tanks mist conform to the regulations for overflow conditions. 2. That signs marked "No Smoking" shall be prominently displayed near any gasoline equipment at all times. That at least one National Board of Fire Underwriters approved type of fire extinguisher shall be provided. During filling operations smoking should also be prohibited aboard vessels being fueled. During fueling, a sharp watch should be kept for leaks. The motor of the vessel being fueled should be shut down before and during fueling. No vessel having open light or fires should be permitted to come alongside or close to the gasoline station during fueling operations. Respectfully submitted, (Sgd) J. C. Eckert Building Inspector. " Upon motion of Councilman Alford, the foregoing resolution was adopted by the following votot Ayes, Councilmen Alford, Bartholomew, 011118, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Councilman Alford: 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 maine in and upon the following streets: 1. A gas main in HASKELL STREET eesterly 236 feet from a point 327 feet east of Navasota Street, the conterline of which gas main shall be 13 feet south of and parallel to the north property line of said Haskell Street. Said gas main described above shall have a covering of not less than 2 foet. 2. A gas main in WOODMONT AVENUE from Forest Trail wosterly 303 feet, the conter line of which gue main shall be it feet south of and parallel to the north property line of said Woodmont Avenue. Said gas main described above shall have a covering of not less than 2, foot. 3. A gaa main in HETHER STREET easterly 95 feet from a point 195 feet west of Fredericksburg Road, the conterline of which gas main shall he 74 feet south of and parallel to the north property line of said Hether Street. Said gas main described above shall have a covering of not loss than 2 feet. 4. A gas main in BONHAM TERPACE southerly 64 fect from a point 330 feet southeast of Kenwood Avenue, the centerline of which gas main shall be 15 feet west of and parallel to the east property line of said Bonham Terrace. Said gas main described above shall have a covering of not less than 2 feet. 5. A gas main in WINDSOR ROAD from Robin Hood Trail westerly 158 feet, the centerline of which gas main shall be 42 feet north of and parallel to the south property line of said Windsor Road. Said gas main described above shall have a covering of not less than 2 feet. 328 324 6. A gas main in BEVERLY ROAD across Wout 30th Street intersection, the centerline of which gas main shall be 7 feat west of and parallel to the east property 11ne of said Beverly Road. Said gas main described above shall have a covering of not less than 20 feet. 7. A gas main in BEVERLY ROAD across West 32nd Street intersection, the conterline of which gas main shall be 7 fest west of and parallel to the cast property line of said Beverly Road. Said gas main described above shall have a covering of not less than 2 feet. 8. A gas main in BRYKER DRIVE across West 32nd Street intersection, the center line of which gas main shall be 7 foot wast of and parallel to the east property line of said Brykor Drivo. Said gan main described above shall have a covering of not less than 20 feet. 9. A gas main in BEVERLY ROAD across West 34th Strect intersection, the center line of which gas main shall be 7 foet west of and parallel to the east property line of said Beverly Road. Said gas main described above shall have a covering of not less than 2 feet. 10. A gas main in BRYKER DRIVE across West 33rd Street intersection, the contorline of which gas main shall be 7 feet wost of and parallel to the east property 1ine of said Bryker Drive. Said gas main described above chall have a covering of not less than 20 feet. 11. A gas main in BRYKER DRIVE across Wost 34th Street intersection, the centerline of which gas main shall be 7 feet west of and parallel to the east property line of said Bryker Drivo. Said gas main described above shall have a covering of not less than 2 feet. 12. A gas main in ALAMEDA DRIVE across Rosedale Terrace intersection, the centerline of which gas main shall be 7 feet west of and parallel to the cast property line of said Alameda Drive. Said gas main described above shall have a covering of not less than 2f fest. 13. A gas main in ALAMEDA DRIVE across Algarita Avenue intersection, the center line of which gas main shall be 7 feet west of and parallel to the cust property line of said Alameda Drive. Said gas main described above shall have a covering of not less than 2 feet. 14. A gas main in ALGARITA AVENUE across Alameda Drive intersection, the centerline of which gas main shall be 7 foot south of and parallel to the north property line of said Algarita Avenue. Suid gas main described above shall have a covering of not less than 2 feet. 15. A gas main in ROSEDALE TERRACE across Alameda Drive intersection, the conter line of which gas main shall be 20 feet south of and parallel to the north property 11no of said Rosedale Terrace. Said gas main described above shall have a covering of not less than 2 feet. 16. A gas main in LAWTON AVENUE across Bull Creol: Road intersection, the centerline of which gas main shall be 72 fect east of and parallel to the west property line of said Lawton Avenuo. Said gas main described above shall have a covering of not less than 2 feet. 27. A gas main in SWISHER STRENT across East 24th Street intersection, the conterline of which gas main shall be 5 feet wost of and parallel to the cust property line of said Swisher Street. Said gas main described above shall have a covering of not less than 2 fest. 18. A gas main in SABINE STREET across East 24th Street intersection, the center line of which gas main shall be 23 feet oust of and parallel to the west property line of said Sabine 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 to base the location of their assignments, they shall apply to the City Engineering Department notless 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 undorground 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 cortain franchise granted to said Company by the City of Austin. Upon motion of Councilman Alford, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; naye, none. The following resolution was introduced by Councilman 011118: WHEREAS, H. E. White is the Contractor for the digging of a foundation of a building located at 918 Colorado Street and dosires a portion of the sidewalk and stroot space abutting Lot 7 and part of Lot 8, Block 109, of the Original City of Austin, Travis County, Texas, during the digging of the foundation for said 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 heroinabove enumurated be granted to said H. E. White, the boundary of which is described as followes Sidewalk and Street Working Spaco Beginning at the northwest corner of the above described property; thence in a northerly direction and at right angles with the conterline of West 10th Street to a point 12 feet north of the south curb line; thence in an easterly direction and parallel to the centerline of West 10th Street 96 feet to a point; thence at an angle of approximately 45 degrees to a point 12 feet cast of the west curb line of Colorado Street; thence in a southerly direction and parallel with the centerline of Colorado Street to the north line of the vast and west alley; thence in a westorly direction to the southeast corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said H. E. White, horeinafter termed "Contractor," upon the following expross terms and conditions: (1) That the Contractor shall orect and maintain continuously in good condition during the use of said space hereby allotted H. E. Whito a substantial walkway at least 4 foot wide in the clear on the inside and at least 8 fost 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 3 fest. 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 of the roofing boards. The roof of wald 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 bo permitted along the pavment 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 immodiately place such a wood floor and substantially braco 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 timos 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 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. 325 326 (6) That the Contractor shall in no way obstruct any firo plugs or other public utilitios in the construction of such barricades. (7) That provisions shall be made for the normal flow of all storm waters in the guttor, 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 corners of any walkway, barricades or obstructlons, red lights during all periode of darkness and provide lighting system for all tunnels. (9) That the Contractor shall remove all foncos, harricades, loose materiale, and other obstructions on the sidewalk and street immediately after the necessity for their oxistence on said sidewalk or strect 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 April 15, 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 purровов. (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 construction work for said building project, whether done by the Contractor, City forces, or public utilities, shall be replaced or repaired at the Contractor's expenso. (13) That the Contractor shall furnish the City of Austin a surety bond in the sum of Two Thousand Dollars ($2000.00), which shall protect, indemnify and hold harmless the City of Austin from any claims for damages to any porson 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, pavemont, 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 safeguarde during the occupancy of the space. Upon motion of Councilman Gillis, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Mayor Miller: The late Pinkney Womack Powell, who departed this life July 8, 1939, ably and conscientiously served the City of Austin from 1901 to 1919, first as a member of the Water, Light and Power Commission and later as Alderman and City Councilman. His personal integrity was never questioned and he discharged the duties of his various offices fearlessly. The City of Austin has suffered the loss of an ablo and valued citizen whose influence will be missed in the civic affairs of this City; therefore BE IT RESOLVED BY THE CITY COUMICIL OF THE CITY OF AUSTIN: THAT the City Council Join with the people of Austin in deploring the death of Pinkney Womack Powell and that, in token of our appreciation of the services of Pinimoy Womack Powell, a copy of this resolution be entered in the minutes of the City Council and that a copy of the samo, signed by the members of the Council, be furnished to the surviving mombors of his family. Upon motion of Mayor Miller, the foregoing resolution was adopted by the following vote: Ayes, Council.men Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nayв, попе. The following resolution was introduced by Mayor Miller: WHEREAS, William Jesse Morris, aged soventy-seven years, passed away on January 19, 1940; and WHEREAS, William Jesse Morris was honest, fearless and outstanding as a law-enforcement officer, having served the City of Austin as Chief of Police from 1905 to 1909 and again from 191.3 to 1919; and WHEREAS, the doath of William Jubuo Morris has deprived the City of Austin of a faithful and conscientious citizen; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT tho City Council destros to thus expreus its appreciation and high esteom for him and its sorrow and condolence to his family upon his death by having a copy of this resolution ontered in the minutes of the City Council and a copy of came, signed by the members of the Council, furnishod to the surviving mombers of his family. Upon motion of Mayor Miller, the foregoing resolution was adopted by the following voto: Ayes, Councilmon Alford, Bartholomow, Gillis, Mayor Miller, and Councilman Wolf; nays, nono. The City Attorney was instructed to preparo resolutions commomorating the deaths of C. W. Mooro and J. M. Shumato, ox-Councilmen of the City of Austin. The following resolution was introduced by Mayor Millors RESOLUTION. PROVIDING THAT NOTICE BE GIVEN OF THE INTENTION OF THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, TO SUBMIT TO THE QUALIFIED VOTERS OF SAID CITY OF AUSTIN, FOR ADOPTION OR REJECTION, CERTAIN AMENDMENTS TO THE EXISTING CHARTER OF SAID CITY. WHEREAS, the City Council deoms it advisable to submit to the qualified voters of the City of Austin certain amendmonto to the existing Charter of said City; and WHEREAS, the Charter of the City of Austin has not been altered or amended within two years next proceding this date; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: SECTION 1. THAT it is the intention of the City Council to pass an ordinance on the 4th day of April, 1940, for the purpose of submitting to the qualified voters of the City of Austin, at an election to be held for that purpose, the following amendments to the existing Charter of said City: AMENDMENT NO. I To amend Article XII, wherein are defined certain powers which the City Council may exercise by ordinance to levy and collect an annual tax, so that subscction (2), Section 2, of said Article XII, of said Charter, shall read as followst (2) To raise such further amount as may be necessary for the maintenance of the public schools of the City, not to exceed seventy cents on the one hundred dollars worth of taxable proporty in the City. The Board of Trustees for sald schools shall determine and advise the City Council as to what amount of said tax shall be levied and collected each year, and the City Council shall levy the amount so determined, but if at any time said Board fails to do so, the City Council shall levy such tax at the same rato as levied for the last preceding your. AMENDMENT NO. 2 To amend Article XIV of said Charter, wherein are defined certain general powers which the City Council may exercise by ordinance by adding to such enumoration of general powors a section to be lmom as Section 52 which shall read us followe: Section 52. To provide for and establish a fund or funds for the retirement and pensioning of any class or classes of employees of the City of Austin, excopt persons elected by vote of the people, who have become superannuated in the service of the City, and shall provide for the administration of such fund or funds when established. AMENDMENT NO. 3 To amend Section 26, Article XV, of said Charter, so as to read as follows: Sec. 26. Before the City of Austin shall be liable for damages for the death or personal injuries of any person, the person injured, if living, or his representatives, if doad, shall give the City Council or City Manager notice in writing of such deuth or injury, duly verified, within thirty days after same has been sustained, stating in such written notice when, where and how the death or injury occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual rosidence of the claimant by street and number at the date the claim is presented, the actual residence of auch claimant for six months immediately preceding the occurrence of such death or injury, and the name and addresses of all the witnesses upon whom it is relied to establish the claim for damages; and the failure ac to notify the City Council or City Manager within the time and manner specified herein shall exonerate, oxcuse and exempt the 327 | 328 City from any liability whatsoever; provided, however, that nothing in this section shall ba construed to affect or ropoul the section in this Charter relating to the liability of the City for damages on account of injuries received on the widewalks, streets, alleys and public places of the City. AMENDMENT NO. 14. To amond Articlo XXVI of said Charter by adding a new moction to be lknown as Section 2, which shall road as followst Section 2. No land or landa belonging to the City of Austin adjacent to Shoal Creek butween Twelfth Stroot and Twenty-ninth Street and dedicated to or used for public parks or playgrounds shall be sold, leased or disposed of without providing in the instrument by which such land or lands are sold, leased or disposed of that the use of such land or lands shall be restricted to residential purposes. SHOTION 2. THAT the Mayor is authorized and instructed to publish a copy of this resolution in the Austin American, the Austin Statesman, and the Austin Tribune, newspapers published in the City of Austin, as notice of the intention of the City Council to submit at an election the certain amendments to the Charter of the City of Austin hereinbefore set out; and said copy of this resolution when marked "NOTICE OF INTENTION TO SUBMIT CHARTER AMENDMENTS," eigned by the Mayor, and attested by the City Clerk, and published as herein provided, shall be due notice thereof. SECTION 3. THAT said notice shall be published in the newspapers, aforesaid, for ten days, the first publication of which shall be twenty (20) days prior to the date on which the proposed ordinance is to be passed, as set out in Section 1, of this resolution. Upon motion of Mayor Miller, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Councilman Alford: WHEREAS, in accordance with the requrements of the Federal Emergency Administration of Public Works and the provisions of the City Charter of the City of Austin, Texas, and of the State Statutes, an a ward was made the various contractors listed below for the furnishing and installation of matorials or equipment for the Austin-Travis County Sanatorium under PWA Docket No. Tex-2070-F, Sanatorium, and contracts were duly executed covering such work and approved by the Public Works Administration; and WHEREAS, these contractors were unable to complete their work within the time set out in the above mentioned contracts and have requested an extension of time due to the individual reasons recited in their request made on the regular forms prepared for this purpose by the Public Works Administration; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN AND THE COMMISSIONERS COURT OF THE COUNTY OF TRAVIS: THAT the contract time of the following listed contractors be extended in the mumber of days sot out opposite sacht Hospital Equipment Corporation 62 days Jack Thorpe - 40 " Will O'Connell -122 " J. R. Reed Music Company - 74 " Bickley School & Church Furniture Company 62 H Fox-Schmidt -211 " W. K. Jennings B. F. Lanier & Sons Tratex Corporation -221 " -236 62 1 : THAT David C. Baer, Architect, be, and is hereby, authorized and ordered to prepare the necessary requests for an extension of time for submission to the Public Works Administration for their approval. Upon motion of Councilman Alford, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Councilman Alford: WHEREAS, in accordance with the requirements of the Federal Emergency Administration of Public Works and the provisions of the City Charter of the City of Austin, Texas, and of the State Statutes, an award was made W. K. Jornings, contractor, for the furnishing and installation of electrical work LE : for the Austin-Travis County Sanatorium under PWA Docket No. Tex-2070-F, Sanatorium, and a contract was duly oxecuted and approved by the Public Works Administration; and WHEREAS, cortain additional work was recommended by the Owner in order to give added circuits of higher capacity in certain portions of the building; and WHEREAS, W. K. Jennings submitted a bid, in the amount of $326, for this additional work; and WHEREAS, the Public Works Administration requests that these be approved by, and concurred in by, the governing bodies or body having control of projects constructed with Public Works Administration grants; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, AND THE COMMISSIONERS COURT OF THE COUNTY OF TRAVIS: THAT this work be authorized, in the amount of $326, and that David C. Baor, Architect, be, and 1s hereby, authorized to prepare the necessary requests for approval of this additional work by the Public Works Administration and that this request be then submitted for their approval. Upon motion of Councilman Alford, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Councilman G11116: WHEREAS, the property owners on Cherry Street, located in Westfield, City of Austin, petitioned the City Council to change the name of Cherry Street to Cherry Lane; and WHEREAS, no objection has been brought to the attention of the City Council about such change of the name of Cherry Street; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Manager be authorized and instructed to have the name of Cherry Street changed to Chorry Lane, and that the City Engineering Department change the maps of the City to show this change. Upon motion of Councilman Gillis, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, 0111.is, Mayor Miller, and Councilman Wolf; naye, nono. The City Attorney was instructed to prepare the necessary ordinance vacating a street, shown on the map as North Avenue, contiguous to Shoal Creek, and quitclaiming the came to Kenneth K. Caswell, owner. The following resolution was introduced by Councilman Wolft WHEREAS, City of Austin taxes were assessed in the numo of N. A. Baker for the years 1931 through 1938 on Lots 6 and 7, Block 3, Outlet 72, Division "מ", Plat 63, in the City of Austin, Travis County, Texas, said taxes boing for the sum of $725.23; and for non-payment of same at maturity penalty, in the sum of $36.26, has been assessed, and interest, in the sum of $196.06, making the total amount of tazes, penalty, and interest, $957.55; and WHEREAS, the City Council of the City of Austin deems it just and equitable to remit anid penalty, in the sum of $36.26; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the aforesaid penalty, in the sum of $36.26, 1. heroby remitted, and the Tax Assessor und Collector of the City of Austin is authorized and directed to charge said penalty, in the sum of $36.26, off his rolls, and to issue to the party entitled to receive came a receipt in full, conditioned upon payment of original taxes, plus interest, by April 1, 1940. Upon motion of Councilman Wolf, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Councilman Wolf: WHEREAS, City of Austin taxes were assessed in the name of Dr. S. L. Brown for the years 1926, and 1928 through 1938, on center 622 x 150 of Lot 4, Block 6, Outlot 56, Division "B", George L. Robertson Subdivision, Plat 33, in the City of Austin, Travis County, Texas, said taxes boing for 329 330 the sum of $415.22; and for non-payment of same at maturity, ponalty, in the sum of $20.76, huu boon assessed, and interest, in the sum of $165.65, making the total umount of taxes, penalty, and interest, $601.63; and WHEREAS, the City Council of the City of Austin deems it just and equitablo to remit said penalty, in the sum of $20.76; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the aforesaid penalty, in the sum of $20.76, is hereby romitted, and the Tax Assessor and Collector of the City of Austin is authorized and directed to charge said ponalty, in the sum of $20.76, off his rolls, and to issue to the party entitled to receive same a receipt in full, conditionod upon payment of original taxes, plus interest, by April 1, 1940. Upon motion of Councilman Wolf, the foregoing resolution was adopted by the following vote: Ayes, Councilmon Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, nono. Upon motion, duly seconded and carried, the meeting was recessed at 1:30 P. M., subject to call of the Mayor. Attet: City Clerk SPECIAL MEETING OF THE CITY COUNCIL: Approved Jom milla. Austin, Texas, March 8, 1940. The City Council convened in spocial session, at the regular mooting place in the Council Room at the Municipal Building, on Friday, March 8, 1.940, at 2:30 P. M., with Mayor Tom Miller presiding. Poll call showed the following membore present: Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; absent, Councilman Bartholomew. Councilman Gillis moved that a license to operate a private craft on Lake Austin be granted to the following applicant, in accordance with the recommendations of the Lake Austin Navigation Board: Millor, Tom 813 Park Doulevard, 22-foot Chris Craft, 1940 Model. The motion was seconded by Councilman Alford, and the came prevailed by the following vote: Ayes, Councilmen Alford, Gillis, and Wolf; naye, none; Councilman Bartholomew absent; Mayor Miller prosent but not voting. Councilman Wolf moved that licenses to operate private crafts on Lake Austin be granted to the following applicants, in accordance with the recommendations of the Lake Austin Navigation Pourd: