538 REGULAR MEETING OF THE CITY COUNCIL: Austin, Тохав, September 27, 1940. The City Council convened in regular session, at the regular meeting place in the Council. Room at the Municipal Building, on September 27, 1940, at 10:45 A. H., with Mayor Tom Miller presiding; the mocting having boon held on Friday following the regular mecting day on account of the doath of Councilman Bartholomew. Roll call showed the following members presents Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf. The Minutes of the regular meeting of Septomber 19, 1940, were read, and upon motion of Councilman Alford, wore adopted as read by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, nono. Councilman Alford moved that the application of Walter Owens, 65 Crosa Street, for a license to operate a taxicab be granted, in accordance with the recommendation of the City Manager. The motion prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Councilman Alfordi WHEREAS, Toxas 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 ite gas mains in and upon the following streetes (1) A gas main in STAMFORD LAND from a point 248 foot north of Woodmont Avenue southarly 183 feet, the conterline of which gas main shall be 17 fost wost of, and parallol to, the east property line of said Stamford Lane. The gas main described above shall have a covering of not loss than 2 foet. (2) A gas main in MOUNTAINVIEW ROAD from Clearview Drive northerly 223 feet, the conterline of which gas main shall be 7 feet west of, and parallel to, the east lino of said Mountainview Road. Said gas main described above shall have a covering of not less than 2 fect. 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 bost 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 requiros definite information upon the ground as to elovations or working points from which to base the location of thoir assignments, they shall apply to the City Engineering Department not less than three (3) days before such information is required. The Toxas Public Service Company is further put upon notice that they will bo required to bear the expense of ropairs or replacement of any underground utility dumagod during the constriction of lines named in this rosolution. AND THAT whenever pavement is cut in the vicinity of a fire plug, wator must be used at intervals during the course of backfilling of the ditches. THAT the work and laying of said as arins, 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 torms and conditions of the certain franchise granted to said Company by the City of Astin. Upon motion of Councilman Alford, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was introduced by Councilman Gillis: WHEREAS, John D. Miller is the Contractor for the alteration of a building located at 108 East Tenth Street and desires a portion of the sidewalk and street space ahutting Lot A, Block 123, of : the Original City of Anatin, Travis County, Texas, during the alteration of the building, such space to be used in the work and for the storage of materials therofor; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT this additional space bo included under the same bond which covers apace granted by the City Coundil July 25, 1940, and for the uses hereinabove enumerated be granted to said John D. Miller, the boundary of which is described as followst Sidewalk and Street Working Space BEGIMTING at the southeast corner of the above doscribed property; thence in a southerly direction and with right angles to the conterline of East Tonth Street to a point 6 foot south of the north curb line; thonce in a wostorly direction und parallel to the conterline of East Tonth Strost approximately 30 feet to a point; thence in a northerly direction and at right angles to the contorline of East Tenth Stroot to the southwest corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said John D. Millor, hereinafter termed "Contractor," upon the following express terms and conditionst (1) That the Contractor shall construct a foot walkway within the outer boundarics of the above deacribed working space, such walkway to be protected on each sido by a guard rail at least 4-foot 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 sume to prevent sugging under load. (2) That the Contractor is permitted to construct in his working space a substantial gato, which shall be kept closed at all times when not in use, and at all times that such gate is open, the Con tractor shall maintain a person at this gate to warn pedestrians and vehicles of upproaching trucks. This gate is not to open out so as to impode 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. (14) 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 dono duo to obstruction of any such storm water. (7) That the Contractor shall place on the outside corners of any walkway, barricades or obstructions, rod lights during all poriods of darkness and provide lighting system for all tunnels. (8) That the Contractor shall remove all fences, barricades, loose materials, and other ohutmicttons on the sidewalk and atreat immediately after the necessity for their oxistonco on said sidewalk or street hus couned, auch time to be determined by the City Manager, and in any event, all such barriondes, sidewalk, materials, equipment, and other obstrictionu shall be removed not later than October 1, 1940. (9) That the City reserves the right to revoke at any timo any and all the privileges heroin granted, or to require the erection or installation of additional barriers or saferards 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 of 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 projects, whether done by the Contractor, City forces, or public utilities, shall be replaced or 539 540 repaired at the Contractor's exponge. (12) That the Contractor shall furnish the City of Austin a surety bond in the sum of One Thousand Dollars ($1000.00), which shall protect, indemnify, and hold hormless the City of Austin from any claims for damages to any person or property that may accrue to or be brought by any porson by reason of the exercise or abuse of the privileges granted the Contructor by the City of Austin, and shall guarantee the replacement of all aidewalks, pavement, and all other public proporty and public utilities disturbed or removed during the construction work, and shall further guarantoo the construction of a walkway and other safeguards during the occupancy of the space. Upon motion of Councilman Gillis, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Gillio, Mayor Miller, and Councilman Wolf; naye, none. The following resolution was introduced by Councilman Gi1118; WIDERFAS, in the General Land Office of the State of Texas, there appears a map or plat of the Original City of Austin, Travis County, Texas, showing various lots, blocks, streets and alleys; and WHEREAS, upon said map or plat is shown Block No. 51 of said Original City, said block boing traversed by an alley 20 feet in width; and WHEREAS, said alloy has been occupied and claimod by the owners of property abutting said alley for a great many years and said alley has not been used for public thoroughfare purposes for a great many years and will not be needed in the future for public thoroughfare purposes; and WHEREAS, the pavement on San Antonio Street and on Mueces Street opposite said alley was paid for by the owners of the property abutting said alley; and WHEREAS, the owner of a portion of the property abutting the south side of said alley has requested the City Council to vacate and abandon this alley, and suid request has been carefully re- viewed and considered; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN; THAT the alley traversing Block No. 51 of the Original City of Austin, as described above, be and the same is hereby permanently vacated and closed, except the City of Austin hereby roserves the right to constrict, maintain, and operate public utilities in, upon, and across the above described alley. Upon motion of Councilman Gillis, the foregoing resolution was adopted by the following votor Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following ordinance was introduced by Councilman Wolft AlN ORDINANCE PERPETUALLY CLOSING AND VACATING CERTAIN PORTIONS OF MARY STREET IN THE CITY OF AUSTIN, TEXAS, LYING BETWEEN FIRST AND SECOND STREETS, AND RELINQUISHING ANY AND ALL INTEREST, RIGHT, TITLE OR CLAIM OF THE CITY OF AUSTIN III AND TO SAID PORTIONS OF MARY STREET. The ordinance was read the first time and Councilman Wolf noved that the rules be suspended and the ordinance he passed to its second reading. The motion was seconded by Councilman Alford, and the anme prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The ordinance was read the second time and Councilman Wolf 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. The ordinance was read the third time and Councilman Wolf moved that the ordinance be finally passed. The motion was seconded by Councilman Alford, and the came prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. Tho Mayor announced that the ordinance had been finally passod. The following ordinance was introduced by Councilman Alfordi AN ORDINANCE PRESCRIBING REGULATIONS FOR THE PROTECTION OF THE PUBLIC WATER SUPPLY OF THE CITY OF AUSTIN; MAKING IT UNLAWFUL TO BATHE, SWIM, OR OPERATE A BOAT, OR TO FISH IN THE MATERS OF THE COLORADO RIVER BETWEEN THE MOUTH OF BARTON CREEK AND THE MOUTH OF SHOAL CREEK; PRESCRIBING CERTAIN SANITARY REGULATIONS FOR BOATS AND BOAT HOUSES AND CAMPS ON THE COLORADO RIVER WITHIN THE CORPORATE LIMITS OF THE CITY AND WITHIN ITS POLICE JURISDICTION; PRESCRIBING PENALTIES AND DECLARING AN EMERGENCY The ordinance was rond the first time and Councilman Alford moved that the rules be suspended and the ordinance be passed to its second reading. The motion was seconded by Councilman Gillia, and the samo prevailed by the following voto: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; naye, none. The ordinance was road the second timo and Councilman Alford moved that the rules be further suspended and the ordinance bo passed to its third reading. The motion was seconded by Councilman Gillis, and the same prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The ordinance was road the third time and Councilman Alford moved that the ordinance be finally passed. The motion was seconded by Councilman Gillis, and the same prevailed by the following voto: Ayes, 'Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; naye, none. The Mayor announced that the ordinance had been finally passed. The following resolution was introduced by Councilman Wolfs WHEREAS, the City of Austin, hereinafter referred to as the Sponsor, has applied to the Government of the United States of America, through the Work Projects Administration, for a WPA project, District Serial Number 9-1142, for the purpose of erecting a monolithic concreto stage, sholter house, dressing rooms, and caretaker's quarters for Zaragosa Park in Austin, Travis County, Texas, hereinafter refèrred to as the Project, which, if such application is granted and said Project is operated, will require the expenditure of a large amount in Federal funds; and WHEREAS, Federal funds may not be expended through the Work Projects Administration in the operation of such projects which, when completed, will not be used in the general public interest and re- tained exclusively under the ownership, management, possession, and control of a public authority or political subdivision; now, therefore, BE IT RESOLVED BY THE CITY COMICIL OF THE CITY OF AUSTIN: TIAT, in consideration of the promises and in order to induce the oxpenditure of Federal funds in the operation of the Project, the City of Austin obligates and binde itself to the Governmont of the United Staton of America, as follows: 1. That the land on which the project is to be operated is owned by, and is now in the exclusive роввеssion of, the Sponsor, and that the Sponsor will retain the exclusive ownership and possession thereof during the useful life of the Project or any part thoroof. 2. That the Sponsor will not at any time during the useful life of the Project, or any part thereof, convey, lease, surrender possession of, or otherwise divent itself of the exclusive ownership, possession, control and management of the Project to any person, association, organization, or corpora thon, and that it will devote the Project to the public use, without discrimination. 3. That in the event of any breach by the Sponsor of any obligation set forth in paragraphs numbered 1 or 2 above, it will forthwith return and refund to the Treasurer of the United States, upon demand by the Work Projects Administration, or other proper agency of the Government of the United States of America, an amount of lawful money of the United States of America equal to the total amount of the Federal funds expended on the Project. 4. That the Work Projects Administration is under no obligation to commence the Project, nor 541 542 to complete it if it is commoncod, but should the Work Projecte Administration commonce the Project, it will do so in reliance upon the roprosentations and obligations horoin set forth, and its commoncomont of the Project will be ipso facto its acceptance of said representations and obligations. BE IT FURTHER RESOLVED: THAT the City Managor bo, and he is hereby, authorized and directed to execute all necessaгу contracts in connection with this project. Upon motion of Councilman Wolf, the foregoing resolution was adopted by the following votes Ayos, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The public hearing on the change in zoning of the Waterston property fronting West Lynn Street betwoan Waterston and West 14th Strects, from "B" Residence District to "C" Commercial District, which was continued from the last regular meeting, was reopened. The following supplemental roport of the Board of Adjustment on the matter was received: "Austin, Texas. September 24, 1940. The Honorable Mayor und City Council Austin, Texas Gentlemen: On September 11, 1940, the Board of Adjustment submitted a resolution to you concerning the petition of Robert Waterston requesting a change in the Use designation of the property fronting on West Lynn Street between Waterston Street and West 14th Street. The Board held a hearing on this petition at which neither the applicant nor anyone representing him, or anyone in favor of it, appeared before the Board; but one property owner opposing the chango did appear. Since this action was taken, the applicant has presented a different set of facts from those upon which the Board acted. It is now proposed that only that portion of the applicant's property directly opposite the present commercial district in the Shelley Addition be changed, the north limit being directly in line with the south line of Wost 13th Street, leaving the remaining property fronting on West 14th Street in a prosent residential zone. Sinco the City Council had set a hearing on this case for September 12, the Board was forced to submit its resolution without having had time to permit the applicant to appear before the Board and submit all the facts, in which case a different con- clusion would have been arrived at. In view of the change in application, the Board begs to withdraw its previous resolution and reverses its former action, and now recommends that the property fronting on West Lynn Street from Waterston Street to a line corresponding with the projection of the south line of West 14th Street to a depth of 150 feet bo changed from "B" Residential District to "C" Commercial District. Respectfully submitted, BOARD OF ADJUSTMENT By /a/ H. F. Kuehne Chairman. 11 It was stated to the meoting that W. E. Scaholm, protosting property owner, had withdrawn his objections to the change W. D. Hart, Attorney, and J. B. Riley, Agent, respectively, for the proponont, Robert Waterston, appeared for the change, stating that their client was now asking that only that portion of his proporty directly opposite the present commercial zone on the east side of West Lynn Street, bo zonod as commercial, such change to extend for a depth of 150 feet. No other property owners or interested persons desiring to be heard, Councilman Wolf moved that the hearing be closed, and the City Attorney be instructed to prepare the necessary ordinance, changing the zoning of the property in accordance with the recommendations contained in the forewing report of the Board of Adjustment, to be acted upon favorably at the next regular moeting. The motion prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The Mayor laid before the Council for its second reading the following ordinance: از 543 AN ORDTHANCE ESTABLISHING A RETIRMENT AID PENSIONING SYSTEM FOR CERTAII! EMPLOYEES OF THE CITY OF AUSTIN, PURSUANT TO AUTHORITY GRANTED THE CITY COUNCIL VADER SECTION 52, OF ARTICLE XIV, OF TINE CHARTER OF THE CITY OF AUSTIN; CREATING A RETIREMENT BOARD TO ADMINISTER AND OPERATE THE RETIREMENT AND PENSIONING SYSTEM ALID DEFINING ITS POWERS, DUTIES AND FUJICTION; PROVIDING A METHOD OF FINANCING THE SYSTEM; REPEALING ALL LAWS OR PARTS OF LAWS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY AND SAVING CLAUSE AND DECLARING AN EMERGENCY. The ordinance was read the second time and Councilman Wolf moved that the ordinance be rassod to its third reading. The motion prevailed by the following voto: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; noys, none. The ordinance was then laid over. Oaths of Office were administored by the City Attorney to Jas. A. Garrison, Acting City Manager, and to J. E. Motheral, Executive Aid to the Acting City Manager. Mayor Miller then expressed the regrots of the City Council at the departure of City Manager Morgan for his post as a Major in the Specialist Reserve Selective Service Division of the United States Army at Washington, D. C., which entails definite sacrificos, financial and otherwise, on his part; but stated that the office of City Manager would be held open for him as long as the present City Council is in office. The public hearing on the proposed change in zoning of the Roland Freund property at the southeast corner of the intersection of 34th Street and Shoal Creek Boulevard, from "A" Residence District to "C" Commercial District, which was continuod from the last regular meeting, was roopened. No one appeared to protest the proposed change, and the matter was ordered laid on the table. Mayor Miller stated to the meeting that, by reason of the sad loss to the City Council and the City of Austin in the death of Councilman C. M. Bartholomew, it becomes necessary to name a successor to the said C. M. Bartholomew for the unexpired term; and that, after discussing the matter among themselves, it was the unanimous decision of the City Council that Eugene C. Bartholomew be named to succeed his father. Councilman Gillis then nominated Hugene C. Bartholomew as Councilman of the City of Austin, to fill the unexpired term of the late Councilman C. M. Bartholomew. The nomination was seconded by Councilman Wolf. Thero being no other nominations, the Mayor declared the nominations closed; and asked that the Council confirm the nomination of Eugene C. Bartholomew by a rising vote out of respect to the memory of Councilman C. M. Bartholomew, deceased, which the Council unanimously did. The Mayor then declared Eugene C. Bartholomew duly elected Councilman to fill the unoxpired term of Councilman C. M. Bartholomew, decoused. The City Attorney was then instricted to propare a rosolution, to be spread upon the Kinutes of the next regular meeting, commemorating the death of the late Councilman C. K. Bartholomew. Upon motion, soconded and carried, the meeting was then recossed at 11:25 A. H., subject to call of the Mayor. Attest: City Clerk Aewed: Jom Milla. Approved: Maor