REGULAR EETING OF THE CITY COUNCIL: Austin, Texas, Docomber 5, 1940. The City Council convened in regular session, at the regular mooting place in the Council Room at the Municipal Building, on Thursday, December 5, 1940, at 10:55 A. W., with Mayor Tom Millor prosiding. Roll call showed the following members prosonts Councilmon Alford, Bartholomew, Gill18, Mayor Miller, and Councilman Wolf; absent, NONE. The Minutes of the regular meeting of November 27, 1940, were read, and upon motion of Councilman Wolf, wore adopted as road by the following vote: Ayes, Councilmen Alford, Bartholomew, G11118, Mayor Miller, and Councilman Wolf: nays, none. It was moved by Councilman Alford that the application of Oscar Ira Loach, 508 Joan of Arc Stroot, for a taxicab license bo granted, in accordance with the recommendation of the Acting City Manager. The motion prevailed by the following vote: Ayos, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. Councilman Wolf introduced the following resolutions BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, THAT the City Council of the City of Austin hereby approves as a filling station site the property located at the northeast corner of the intorsection of Windsor Road and Exposition Boulevard, which property is owned by Wostenfield Development Company, and boing a portion of Tarry Town No. 1, a subdivision within the City of Austin, Travis County, Texas, and hereby authorizes the said Westenfield Development Company, acting by and through Thomas A. Graham, Secretary, to construct, maintain and operate a drive-in gasoline filling station and to construct curbs, sidewalks and commercial driveways in conjunction therewith, subject to the samo's being constructed in compliance with all the ordinances reluting thereto, and further subject to the foregoing attached recommendations and plans; and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this filling station after full compliance with all the provisions of this resolution, and said permission shall be held to be granted and accepted subject to all necessary, reasonable and proper, present and future regulations and ordinances of the City of Austin, Texas, in the enforcement of proper police, traffic and fire regulations; and the right of revocation is retained if, after hearing, it is found by the City Council that the said Westenfield Development Company has failed and refused, and will continue to fail and refuse, to perform any such conditions, regulations and ordinances. (Recommendations Attached > "Austin, Texan Docomber 5, 1040 Mr. JuB. A. Garrison Actin, City Manurer Autin, Zer Deur Siri No, the 'mderat ned, love considered the application of the Westenfield Development Company, Acting and throud. Thomas A. Graham, Secretary, for permission to conctrict, maintain, and operate & drive-in gasoline filling station apon moperty owned by the said Westenfield Development Company, the same leing located at the northonat corner of the intersection of Winduar Rond and position Boulevard, and being a portion of Carry Town Ho. 1, a subdivision within the City of Austin, Cravis County, Toxas, and we hereby advise that the following conditions exists The property upon which this filling station is to te located is designated as "C" Commercial Use District, ce shown upon the Zoning Maps of the City of Antin. Stem eower drainage facilities do not exist at the above corner. We recommend that the Westenfield Development Company, weting by and through Thomas A. Graham, Secretary, be granted permission to construct, maintain and operate a drive-in Roline filling station and to constrict crbs, silovalks and driveways in conjunction therewith at the above described location subject to the following conditione: (1) That all buildings and equipment shall be placed inside of the property line, correct lines to be obtained before constriction starts or epiipment is Installed. Lines and modes to be tained 607 608 from the City Engineering, Department for entrances and driveways, Lolin, inom boroved by the City Building Inspector. That the applicant shall confer with the Cil, Engineering Departmont as to the futuro grades of the sidowalks and sutters on the adjuront stroots before he starts any constriction relative to the fillin; station. th (2) That all construction of the filling station improvements shall 'e in accord Building Ordinance, the Zoning Ordinance, the Filling Station Ordlance, and in accord with the ordinance prohibiting the dispoanl of commercial water or oils upon the City strouts. (3) That the grades of the station shall be such that no waste oils or water, or any floor washings whall ever pass over the City sidewalk area, and that all of wald oils and wator shall be concentrated into a combined grease and sand trap, which shall be constructed in accordance with our standard plan 2-H-146, and shall be conducted by a pipe connection from said sand trap to the ncarest storm sower at the expense of the applicant, or shall be concontrated into a soup well located upon the property of the applicant. Before commencement of any construction, the applicant shall apply to the City Engineer for an estimate of the cost of that portion of the storm sever witch will have to be built within any City street or alloy, and shall deposit in escrow a sum equal to caid estimate with the City Finance Director. (4) All filling station improvements, pumps, drivewayo, ramps, gutters, sidewalks and curbe shall be constructed of concrete at the expense nse of the applicant, as as set forth upon th the plan horeto attached, which plan bears the City Engineor's file number 2-A-161. (5) Expansion joints shall be constructed as shown upon the plan hereto attached, marked 2-4-161, and shall be of the premoulded type. (6) That before uso of said station, the owner shall apply to the Building Inspector for final inspection when he considers that he has complied with all the requirements of the City. Rospectfully submitted, /s/ J. E. Mothe ral City Enginoer // J. C. Eckert Building Inspector. Upon motion of Councilman Wolf, the foregoing resolution was adopted by the following votet Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; naye, none. The following resolution was introduced by Councilman Bartholomew: WHEREAS, A. D. Dye, owner of a portion of Lot 1, Block 31, Swisher Addition within the City of Austin, Travis County, Texas, which property is situated on the south side of East Annie Street at a location east of South Congress Avenue, has made application to the City Council of the City of Austin for permission to construct a commercial driveway across the south sidewalk area of said East Annie Street adjacent to the above described property; and MIERFAS, a plan has been prepared showing the location of said proposed driveway, which plan is hereto attached marked 2-0-900 and made a part hereof; and MIEREAS, said plan has been reviewed and considered by the City Council of the City of Austin; therefore, BE IT RESOLVED BY THE CITY COMICIL OF TICE CITY OF AUSTIN THAT A. D. Dye, owner of a portion of Lot 1, Block 11, Swisher Addition within the City of Austin, Travis County, Toxne, which property is situated on the south wide of East Annie Stroet at a Location onst of South Congress Avenue, is hereby permitted to construct a commercial driveway across the south sidewalk aron of Bald Fast Annio Strect adjacent to the above described property, wbject to the construction of concrete ramps, curbs, driveways, sidewalks and expansion Joints, as shown Apon the plan marked 2-0-200, which plan is hereby made a part of this resolution, and further cubject to the condition that all concrete murh, ramp and driveway construction done within the City streets shall be done by a bonded sidewalk contructor under the direction and supervision of the City Engineer of the City of Austin, and in accor nee with lines and grades fuenteled by the Engineering Department of the City of Austin. Upon notion of Com.cilman Bartholomew, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, Bartholomew, 011118, Haor Miller, and Councilman Wolf; nays, nono. The following resolution was introduced by Councilman Gillis: MEREAS, in the General Land Office of the State of Texas there appears a map or plat of the City of Austin, Travis Comty, Texas: and MIERFAS, Bad map shows the City of Austin to be add it into lots and hic, och being designated by number; and WHEREAS, said map or plat whows that an alley 20 feet in whith traversos Ploe 1.1 11 من Original City; and MOORRAS, the owner of all the property abutting wald aller her requested the City Connell of the City of Austin to vacate, abandon, and close this alley, and sold sepwat hos hoon revieved and considered by the City Comcil of the City of Austin, and it has been found that said 1.1ley has novor been used as a public thoroughfare and will not be needed in the future as a public thoroughfrre: therefore, BE IT RESOLVED BY TIDE CITY COMICIL OF TIOS CITY OF AUSTIN: THAT that certain alley traversing Block 11 of the Original City of Austin, the same being the alley one-half block north of, and parallel to, Fast First Street, extending from Red River Strout easterly one block to Sabine Street as shown upon the map or plat of the City of Austin on file in the General Land Office of the State of Texas, be, and the same in hereby, permanently vacated, abandoned and closed except the City of Austin hereby reserves the right to constrict, maintain, and operate any or all public utilities in, upon, and across the above mentioned alley. Upon motion of Councilman Gillis, the foregoing scsolution was adopted by the followin; voter Ayon, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nas, nono. The following resolution was introduced by Councilman Alford: WHEREAS, Texas Public Service Company has presented to the City Council tentative maps or plane showing the proposed construction of its gas mains in the streets in the City of Autin hereaftor named, and said maps or plans have been considered by the City Council; therefore BE IT RESOLVED BY THE CITY СОMICIL OF THE CITY OF AUSTIN: THAT Texas Public Service Company be, and the same is horoby, permitted to lay and construct ite CAR mains in and upon the following stroctst (1) A gas main in CONCORDIA AVENTUE, from Warner Avenue to Lafayette Avenio, the centerline of which gas main shall be 12 feet south of, and parallel to, the north prop- erty line of waid Concordin Avento. Said sus main deserted allove shall have a covering of nut lows tian 2 feet. (2) A 608 main in CONCORDIA AVETJE across Zast 37th Street intersection, the centerline of witch as main shall be 12 feet sout!. of, and parallel to, to morth انار lino of bald Concordis Avenue. Said in deserted above all have a covering of 1088 than fout. )5( من ain in EDGEWOOD AVENUE LOTOBH 11--1/2 of Tafayette Avenme, the conterling uf which as main shall be 12 foot south of parallel to, tort property lino of said Edgewood Ave.10. Sald Gas wain deserted alovu wall live a coverts, of not less than 2 foot. 1 (4) A gan main in EDGE AU arose 2. 1/2 of Lafayette Avento... of which sun main shall be 7 fout of all the paino of said Sagowood Avomu. Call us als donerlled we shall have com, of mut lone than fout. (5) Asain 1.. EDGEWOOD AVENE ACTORA Troncl. Place atenuet (C) of 2.10. an anin all to 7. foet soit of, m. rellel to, L... 11:00 of mall Adjewood Aver Sald gas cate Juser! dve shall have a coverts of not lose the fout. in in LAFAYΞΙΤΕ ΑΥΣΠΕ, from gewo em, the cor terline Line of w.icl. as allo 12 fout want of allel to, cast 11ne of Ball Langetto Avome. Said us als auseride all lave a cover of hot 106 . 2 root. (7) Asain in Eid MANELE acrose Concordia Avenue Intersection, the co..terline of watch as main shall be one foot weat of, doprallel to the cont linu of waid Kern R.10. Salas Lain deserttel vallave a covorin; of not love than 2. foet. 609 610 (8) A gas anin in KERI FANELE, from East Sith Strost south one lock, the centerline of which can win siall be one foot wost of, and wrallel to, hiu curt property line of said Korn Ramblo. Said gam main described above shall inave a covering of not less than 2 Scot. (9) A gas ain in K RAMBLE from French Place east one block, the centerline of which gas main shall be one foot north of, and parallel to the south proporty line of said Korn Hamble. Sald Gas main doscribed above shall have a covoring of not loss than 2, feet. (10) A gas main in FRENCH PLACE, from Edgewood Avenue to Kern Rumble, the contorline of which gas main shall be une foot west of, and parallel to, the oant proporty ling of soid French Place. Said gas main described above shall have a covoring of not less than 2 foot. The Toxas Public Service Company. is heroby put upon notice that the City of Austin doos 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 tu the fact that greater depths may not be required at special points. Mon the Texas Public Service Company requires definite information upon the ground An 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 in required. The Texas Public Service Comраnу іn furthor put upon notice that they will be required to boar the expense of repairs or replacement of any underground utility damaged during the construction of lines named in this resolution. AND THAT whonover pavement is out in the vicinity of a fire plug, water must be used at intervals during the course of backfi11in; of the ditches. THAT the work and laying of said sas mains, including the excavation in the streets and the rentoration and maintonance of said strects after said mains have been laid, shall be under the suporvision and direction of the City Manager, and under all the portinent terms and conditions of the certain franchise granted to said Company by the City of Austin. Upon motion of Councilman Alford, the foregoing resolution was adopted by the following votet Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; najs, none. Councilmen Bartholomew moved that the following application for license to operate a commercial boat on Lake Austin be granted, subject to the approval of samo by the Lake Austin Navigation Boardi Name and Address of Applicant Dillard, Kermit C. 1807 W. 36th Street Description of Poat Garwood, Inboard, 1934 Model, С-раввол,;ег. The motion prevailed by the following voter Ayes, Councilmon Alford, Bartholomew, Gillis, Mayor Milleг, and Councilman Wolf; nuys, none. The following resolution was introduced by Councilman Wolf: WHEREAS, the general budget of the City of Austin, Texas, for the yonr 1341 was prosented to the City Council by the City Manager and filed with the City Clork of anid City on December 5, 1910, for public inspection; and WHEREAS, the law requires that the Cit. Council shall provide for a public hearing on such budget, whiel. hearing shall tako place on some date to be fixed by the City Council not lena thien fifteen days subsequent to the time such ludget 1 filed; and that amblic notice shall be given that on the date of hearing the budget prepared by the City Havuzor will be considered by the City Council and that notice of sach Loaring clull name the hour, the late, and the place whore the hearing shall be conducted, and that a tavayer of the City shall have the right to le present and participate in such hearing therefore, BE IT RESOLVED BY THE CITY COMICIL OF THE CITY OF AUSTIN: THAT a public hearing on said general budget of the City of Austin for the year 1941 will to held in the micipal milling in the City of Austin, situated on the comer of Eighth and Colorado Stroots in Ball City, at 10:00 o'clock A. H., on the chat day of Doctor, 1940, at witch honring any taxpayor of the City of Austin shall have the right to bo propont al participate in such hearing, and that a notice of such hearing be published in one issue of the Austin American and in one lasuo of the Austin Tribune not loss than 10 days before the date mot for such hoaring. Upon motion of Councilman Wolf, the foregoing; resolution was adopted by the following vote: Ayen, Councilmen Alford, Bartholomew, 'Gillis, Mayor Miller, and Councilman Wolf; naye, none. The writton request of Prof. A. IN. McCallum, Superintendent of Schools, for remission of taxes subsequent to April 1, 1940, on property purchased from Von Boeckmann-Jonos Company at 110 East Winth Street, was received. It was tentatively agreed by the City Council that this request bo cranted, subject to formal approval of same at the next regular meeting und ruling by the City Attorney on its legality. The following tabulation of bids was received: "Austin, Teхав December 5, 1940 Honorable Mayor and City Council Austin, Texав Gentlomen: In compliance with the provisions of an ordinance passed by the City Council October 24, 1940, authorizing the widening and improvements to Colorado Strect from Winth to Tenth Streets, and linth and Tenth Streets from Colorado Street to Lavaca Street, bids were received Tuonday, December 3rd, as follows: Rex D. Kitchens Construction Company J. F. Johnson Bryant F. Collins Brown & Root $4,813.56. 6.539.94 6,734.72 12,766.53 Mr. Kitchens is unquestionably low, with a bid of $4,813.56. However, in a telephone conversation to mo last night he requested that his bid be rejected but failed to offer a plausible reason why this action should be twon, except that his bid had been prepared by someone in his office and by Mr. W. S. Connor, who, I understand, proposes to do this work for him. All of the bidders were required to accompany their proposal with a certified or cashior's check in amount of 5 per cent of their total bid as a guarantee that they would onter into contract with the City and complete the work in accordance with specifications in the event the City Council awarded the job to them. Mr. Kitchens check amounted to $240.00. Although Mr. Kitchens is inexporienced in this type of construction, and from the information available Mr. Conner's training has been limited, I feel that the additional engineering suporvision which might possibly be required is more than justified by the wide difference between the bid of Mr. Kitchens and the next low man, and I therefore recommend that the contract be avarded to the Rex D. Kitchens Construction Company. Yours very truly, // J. E. Motheral City Engineor. 11 It was moved by Councilman Wolf that the lid of Rex D. Kitchens Construction Company in the mount of $4,813.56 vo accepted as the lovest bid, in accordance with. the recommendation of the City Enginoor contained in the forogoing roport; and that the City Manager be authorized to enter into contract accordingly. The notion prevailed by the following vote: Area, Councilmen Alford, Bartholomew, G11118, Mayor Millor, and Councilman Wolf; naya, none. Upon motion, soconded and curriod, the noutine VAA recomped at 11:30 .. .. subject to call of the Mayor. Attest: Hallic Me Hellas City Clerk Mere Jom Milla. Αρμγονυα: or 611