REGULAR MEETING OF THE CITY COUNCIL: Austin, Texas, February 20, 1941. The City Council convened in regular session, at the regular meeting place in the Council Chamber at the Municipal Building, on Thursday, February 20, 1941, at 10:25 A. M., with Mayor Pro Tem Wolf presiding. Roll call showed the following members present: Councilmen Bartholomew, 011118, and Mayor Pro Tom. Wolf; absent, Councilman Alford and Mayor Miller. The Minutes of the regular meeting of February 6, 1941, were read, and upon motion of Councilman Gillis, were adopted as read by the following vote: Ayes, Councilmen Bartholomew, Gillis, and Mayor Pro Tem. Wolf; nays, none; Councilman Alford and Mayor Miller absent. Prof. A. N. McCallum, Superintendent of Schools, came boforo the Council and submitted the following communication: "Austin, Texав Feb. 1.9, 1941 To the Honorable Mayor and City Council Austin, Toxas Gontlemon: The Board of Trustees of the Austin Public Schools passed the following resolution on February 18, 1941: 'BE IT RESOLVED by the Board of Trustees of the Austin Public Schools that we recommend that the corporate limits of the City of Austin be extended for school purposes only, so as to embraco the tract of land now lying in the Pecan Springs Common School District No. 61, Travis County, Texas, as set out in the petition presented herewith. Yours sincerely, /s/ A. N. McCallum. 11 (Petition Attached) THE STATE OF TEXAS : COUNTY OF TRAVIS : We, the majority of the resident qualified voters, living within the hereinafter described tract of land, now lying in the Pecan Springs Common School District No. 61, Travis County, Texas, said tract of land being described by metes and bounds as follows: BEGINNING at the intersection of the Wobberville Road with the Springdale Road; thence northeasterly with the said Wobberville Road to the intersection of said Webberville Road with East Nineteenth Street; thence with the north line of said Nineteenth Strest north 60°15 west to the southeast corner of the trect of land described in deed from Julia Grove, et al. to J. D. Ray, dated November 23, 1938, recorded in the Deed Records of Travis County, Texas, Book 607, pages 65-68; thonce with the cast line of said Ray tract north 29°25' east 351.5 feet to a staro, the same boing the northeast corner of said Ray tract; thence with the north line of said Ray tract north 65°35' went 535.6 foot to stake, the same boing the northwest corner of said Ray tract; thence with the west line of naid Roy tract south 24°30' West 354 foot to the southwest corner of said Ray tract on said Nineteenth Street; thence with the north line of said Nineteenth Street to the intersection of said Nineteenth Stroot with the Springdale Road; thence southerly with the center line of enid Springdale Road to the intersection of said Springdale Road with the Webborville Road respectfully request and potition the City Council of the City of Austin to extend the corporate limits of the City of Austin for school purposes only so as to include and embrace all of the territory above descrihed, in accordance with Article 2803, Revised Statutes of the State of Texas of 1925. Respectfully submitted /s/ James J. Patterson James R. Leach f J. Donald Francis The foregoing matter was taken under advisement. /s/ C. R. Leach 11 Mrs. J. Donald Francis J. D. Ray 179 180 The written application of Gus Henderson, owner, and Chas. G. Stark and Fred Leser, lessees, of Lot 1, Block 4, Luko Austin Addition, for a change in zoning of caid property to permit the sale of light wine and beer in connection with food, was receivcd; and the matter was referred to the Board of Adjustment for consideration and recommendation. A letter from Mro. Roy Randolph, Corresponding Secretary of The Woman's Study Club, cavioing that said Club had passed a resolution pledging its cooperation and support of the recently enacted Shrubbery Ordinance, was received and ordered filed. The petition of C. E. Moyer for the closing of an alley adjacent to his property at 51st and Clarkson Avenue was received; and the matter was referred to the Engineering Department for considoration and recommendation. The following ordinance was introduced by Councilman Gillis: : AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON WEST NINTH STREET ON THE NORTH AND SOUTH SIDE FROM THE EAST CURB LINE OF LAVACA STREET TO THE WEST CURB LINE OF COLORADO STREET, AND UPON COLORADO STREET ON THE HAST SIDE AND WEST SIDE FROM THE NORTH CURB LINE OF WEST NINTH STREET TO THE SOUTH CURB LINE OF WEST TENTH STREET, AND UPON WEST TENTH STREET ON THE SOUTH SIDE ONLY, FROM THE FAST CURB LINE OF LAVACA STREET TO THE WEST OURB LINE OF COLORADO STREET, IN THE CITY OF AUSTIN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, INVALIDITIES, OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS, FINDING AND DETERMINING THAT FACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE ASSESSED AGAINST SAID PROPERTIES AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST 'THE PROPERTY ABUTTING UPON SAID STREETS AND THE TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES: AND DECLARING AN EMERGENCY The ordinance was read the first time and laid over. The following ordinance was introduced by Councilman 011116: : AN ORDINANCE AUTHORIZING AND EMPOWERING ALL POLICEMEN OF THE CITY OF AUSTIN TO ARREST WITHOUT WARRANT ANY PERSON FOUND IN A SUSPICIOUS PLACE OR ANY PERSON WHO HAS VIOLATED OR IS ABOUT TO VIOLATE ANY STATE LAW OR MUNICIPAL ORDINANCE IN THE OTTY OF AUSTIN, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND EXPRESSLY REPEALING ARTICLE 537, CHAPTER XII OF TITLE XXI, REVISED ORDINANCES OF TEM CITY OF AUSTIN OF 1908; AND DEOLARING AN EMERGENCY. The ordinance was rend the first time and laid over. A letter from Dr. Geo. W. Oox, Stato Health Officer, advising that the City of Austin had hoen accorded the honor of having the most attractive sewage treatment plant in the State, was received and ordered filed. Councilman Gillis moved that the application of E. J. Kunkol, 2414 Gundalupe Street, for a Taxicab License be granted, in accordanco with the recommendation of the Acting City Manager. The motion prevailed by the following vote: Ayes, Councilmen Bartholomew, Gillis, and Mayor Pro Tem. Wolf; nays, none; Councilman Alford and Mayor Miller absent. Councilman Gillis moved that the application of Woodrow Harrison, 1504 Hether Street, for a Taxicab License be granted, in accordance with the recommendation of the Acting City Manager. The motion prevailed by the following vote: Ayes, Councilmen Bartholomew, Gillis, and Mayor Pro Tem, Wolf; nays, none; Councilman Alford and Mayor Miller absent. Councilman Gillis moved that the application of James Robert Chaney, 1405 West 15th Street, for a. Taxicab License be granted, in accordance with the recommendation of the Acting City Manager. The motion prevailed by the following vote: Ayes, Councilmen Bartholomew, Gillis, and Mayor Pro Tem. Wolf; nays, none; Councilman Alford and Mayor Miller absent. The following resolution was introduced by Councilman Gillis: WHEREAS, property owned by H. E. Wattinger on West Sixth Street, at Bowio Street, being the southwest corner of the intersection, has been assessed for taxes for the years 1927 through 1.910, inclusive, as the north 138.71 feet of Lots 7 and 8, Block 1, Outlot 11, Division "2", Raymond Plateau, Plat 103; and WHEREAS, said 133.71 feet was intended to represent the depth of said Lot running southorly from West Sixth Street, and the assessed value of such property for said yoara, being $110.00, not including the value of the improvements thereon, was based upon such depth; and : WHEREAS, such property of the said Wattinger at such intersection has a depth of 125.5 foot, and should have been described as the north 125.5 feet of Lots 7 and 8, Block 1, Outlot 11, Division "2", Raymond Plateau, Plat 103, and the tax valuo which should have been fixed on such land for the years above stated was, exclusive of the value of the improvements thereon, the sum of $3935.00, and tho value as fixed should have been corrected; and WHEREAS, the taxes for the years 1927 to 1940, lovied against such property, based upon a value of the land without improvements of $110.00 have been paid by the said H. E. Wattinger; therefore, BE IT NESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the assessments for taxes on said land for the years aforesaid be and the same are hereby reduced and corrected, and the assessed value of such land, exclusive of the value of the improvements theroon for such years, is fixed at $3935.00; BE IT FURTHER RESOLVED: THAT the City Tax Collector be and ho is hereby authorized to refund to the said H. E. Wattinger the amounts of money so paid by him in excess of the valuo as fixed hereby for such tax years, the amount of such excess for the years stated being $53.51. Upon motion of Councilman Gillis, the foregoing resolution was adopted by the following vote: Ayos, Councilmen Bartholomew, Gillis, and Mayor Pro Tom. Wolf; nays, none; Councilman Alford, and Mayor Miller absent. The following resolution was introduced by Councilman Bartholomew: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the Acting City Manager be, and he is hereby, authorized and directed in behalf of the City of Austin to execute a quitclaim deed to Victor A. Kormoior to the following described property: Lot 24, in Block 21, in Travis Heights Addition to the City of Austin, Travis County, Texan, in consideration of the payment of all taxes and court costs involved in tax suit No. 41444, City of Austin vo. Citizens Loan and Investment Company, in the District Court of Travis County, Texas, in which Judgment was rendered in favor of the Oity of Austin, and the said property sold to said City of Austin. Upon motion of Councilman Bartholomew, the foregoing rosolution was adopted by the following vote: Ayes, Councilmon Bartholomew, Gillis, and Mayor Pro Tom. Wolf; nays, none; Councilman Alford and Mayor Miller absent. In accordance with published notice thereof, the public hearing on the proposal of the City Council to amend the Zoning Ordinance of the City of Austin, in the following particulars was openod: To amend the USE designation of the following described property so as to change same from "C" Commercial District and First Height and Area District to "A" Residence District and First Height and Area District: All that land located between the alley west of Speedway and Avenue D, and bordering Wost 40th Street on both the north and the south sides and extending north from West 40th Street approximately 150 feet, and south from West 40th Street approximately 150 feet 181 182 To amond the USE dosignation of the following described property so as to change name from "B" Residonce District and First Height and Area District to "0" Commercial Dist. rict and First Hoight and Area District: South 107 of Lot 1, Block 131, being the northeast corner of Eleventh Street and Rio Grande Street In the matter of change in USE designation of the property extending 150 feet north and south of West 40th Street between the alley west of Speedway and Avenue D, the following appearod and were hoard: Mro. H. H. Lindeman, opponent, protested the change on the grounds that she bought her property because of its commercial classification; that it was not suitable for any other use; and that under the Pure Food Law, hor business, towit, the manufacture of Everfresh Salad Drossing, could not be operated satisfactorily in an Industrial District. The following proponents plend for the change substantially as followst Mr. John Seekatz declared that at the time he bought his property he was not aware that it was zoned as commorcial, but thought that same was residential. Mr. B. F. McDonald doclared that the property was zoned originally as residential, but because of the proximity of the street car tracks, the Board of Adjustment had recommended that same be changed to commercial; and that since the removal of the street car tracks, the proporty has become more desirable as residential; and that none of the property owners, except opponent, knew that same was classified as commercial, Mr. M. S. Bowen declared that at the time this property was rezoned as commercial, ho had no knowledge of same; and that he objects to having business there. Mr. Frank Burnette declared that he had no imowledge of same whon the property was rezoned an commercial; and that he is in favor of having name rezoned residential. Mrs. Reumon Mallow declared that when their property was purchased two years ago, they had no knowledge that it was zoned as commercial. Mrs. Fannie Wilcox declared that their property had been a homestead for more than twenty years and that they had no knowledge of its being changed to commercial; and that they desired that it be rezoned as residential, Mre. DeWitt Jennings declared that their property had been in her family for over thirty yeers; and that they wished it rezoned as residential. No other property owners or interested persons desiring to be heard, the hearing was thereupon closed; and the City Attorney was directed to prepare the necessary ordinance changing the aforesaid property from "C" Commercial District to "A" Residenco District, as recommonded by the Board of Adjustment. In the matter of change in USE designation of the property at the northeast corner of Fleventh Street and Rio Grande Street, the following appeared and wore heard: Mr. Paul R. Tilley, proponent, plead for the change on the grounds that there is business in the samo block at present; that the contemplated use of this property will not be objectionable to surrounding property owners; that he bought the place with the understanding that he could conduct his little business thore; and that the change is necessary in the further conduct of such business. Mr. W. C. Schulle plead for the change, declaring that samo should be made to apply to the entire block, as he had been prevented from developing his property for business uses because of 1ts zoning. Among the group of property owners opposing the change, the following protested substantially as follows: 183 Mrs. Mary Louise Hatzfeld declared that hor proporty, which adjoins the property in question on the east, has been a homestoad for seventy-three years, and that the change would be very objectlonable. Mr. Ernest Jarmon declared that the change was objectionable because it would depreciate the value of his home. Miss Lonoro Johnson doclared that the change was objectionable bocause it would dopreciate the value of her property as apartments, this being her means of a livelihood, and for this reason desired that it be kept residontial. Mr. W. R. Nabours declared that the change vas objectionable because of its tendency to oncroach upon the rights of homo-owners, and what it might lead to if granted. Mrs. Molly Gude, by telephone, protested the chango because it would depreciate the value of her property for residential purposes. No other proporty owners or intorested porsons dosiring to be heard, the hearing was thereupon closed, and Mayor Pro Tom. Wolf moved that the action of the Board of Adjustment be sustained and the change be not granted. The motion prevailed by the following vote: Ayes, Councilmen Bartholomew, Gillis, and Mayor Pro Tem. Wolf; nays, none; Councilman Alford and Mayor Miller absent. Councilman G111.1s moved that the application of Allen Lee Jackson, 314 Congross Avenue for a Taxicab License be granted, in accordance with the rocommendation of the Acting City Managor. The motion prevailed by the following vote: Ayos, Councilmon Bartholomew, Cillis, and Mayor Pro Tem.Wolf; nays, none; Councilman Alford and Mayor Miller absent. Upon motion, seconded and carried, the meeting was recessed, subject to call of the Mayor, at 11:45 A. Μ. Attest: shullin Me Hellan City Cloak Approved A. Malys Mayor Pro Tom.