280 AND THAT whenover pavement is cut in the vicinity of a fire plug, water must be used at intervale 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 portinent 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 votet Ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; naye, none. Upon motion, seconded and carried, the meeting was recessed at 12:10 P. M., subject to call of the Mayor.. Attgst: Attgets m 01ty Clerk la REGULAR MEETING OF THE CITY COUNCIL: Approved Jom Miller. Mayor Austin, Texas, June 5, 1941. The City Council convened in regular session, at the regular meeting place in the Council Chamber at the Municipal Building, on Thursday, June 5, 1941, at 10:35 A. M., with Mayor Tom Miller presiding. Roll call showed the following members present: Councilmen Alford, G11118, Mayor Miller, and Councilman Wolf; absent, Councilman Bartholomew. The Minutes of the recessed mosting of May 26, and the regular meeting of May 29, 1941, wore read, and upon motion of Councilman Alford were adopted as road by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absont. In re application of T. J. Caldwell, owner, for a change in zoning of the property at the corner of West Sixth and Baylor Streets from "C" Commercial District to "D" Industrial District in order to offect a sale of said property to the Coca Cola Bottling Works. The Mayor stated that inasmuch as the adjacent property owners had objected to the change in zoning to "D" Industrial, and inasmuch as the City Council had taken into consideration the great improvement in bottling during the last twenty years, the City Council had decided to take Bottling Works out of "D" Industrial District and put same in "C" Commercial District, with the understanding that same would not go into "Community Centers," as will be defined by an amendment to the Zoning Ordinance now under consideration. The City Manager was thereupon instructed to write a letter to Mr. Robert Ben Thrasher, attorney for applicant, advising him that the City Council had agreed to give the Coca Cola Bottling Works a builting permit at the above location, but expects them to follow out their "gentlemen's" agreement with the neighbors relative to lights and setback on Baylor Street. It was then moved by Councilman Gillis that the City Attorney bo instructed to prepare an amendment to the Zoning Ordinanco taking Bottling Works out of "D" Industrial District and putting same in "C" Commercial District, with further limitations that same cannot go into "Community Conters," and that such Works shall be soda bottling, with no alcoholic content. The motion prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none, Councilman Bartholomew absent. : The following resolution was introduced by Councilman Alford: WHEREAS, the Southwestern Bell Telephone Company has presented to the City Council tentative maps or plans showing the proposed construction of its pole lines in the streets in the City of Austin hereafter named, and said maps or plans have been considered by the City Engineer; therefore, DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the Southwestern Boll Telephone Company be, and the same is hereby, permitted to construct its pole lines in the following streets: (1) A telephone pole line in EAST 13TH STREET from Aloxander Avenue to Clifford Avenue, the contorline of the pole line shall be Effect north of, and parallel to, the south property line of aaid East 13th Street.. : "(2) A telephone pole line in EAST 14TH STREET from Alexander Avenue to Harvey Street, the conterline of which pole line shall be Se feet south of, and parallel to, the north property line of said East 14th Street. (3) A telephone pole line in ALEXANDER AVENUE from East 12th Street to Fast 14th Street, the conterline of which pole line shall be Ef feet west of, and parallel to, the east property line of said Alexander Avenue. That the work and construction of said pole line, including the excavation in the streets and the restoration and maintenance of said streets after said pole lines have been constructed, shall be under the supervision and direction of the City Manager and in accordance with the ordinances and resolutions of the City of Austin governing such construction. Upon motion of Councilman Alford, the foregoing resolution was adopted by the following vote: Ayes, Councilmen Alford, G1111s, Mayor Millor, and Councilman Wolf; nays, none; Councilman Bartholomow absent. 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 mains in and upon the following streets: A gas main in EAST FIFTY-FIRST STREET from a point 185 feet east of Harmon Avenue enster ly 162 feet, the conterline of which gas main shall be 7) feat south of, and parallel to, the north 1ino of said East 51st 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 underground utility damaged during the construction of lines named in this resolution. 281 282 AND THAT whonever 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 suid 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 voto: Ayes, Councilmon Alford, Gillis, Mayor Miller, and Councilman Wolf; naye, none; Councilman Bartholomow absent. : The following resolution was introduced by Councilman Gil11日: WHEREAS, L. L. McCandless is the Contractor for the alteration of a building located at 815 Congress Avenue and destros a portion of the sidewalk and street space abutting Lot F, Block 97, of the Original City of Austin, Travis County, Texas, during the alteration of the building, such space to be used in the work and for the storage of materials therefor; therofore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses heroinabove enumerated be granted to said L. L. McCandless, the boundary of which is described as follows: Sidewalk and Street Working Space BEGINNING at the northeast corner of the above described property; thence in a westerly direction and at right angles to the center line of Congress Avenue to a point 6 feet east of the east curb line; thence in a southerly direction and parallel with the conter line of Congress Avenue approximately 23 feet to a point; thence in an easterly direction and at right angles to the southeast corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said L. L. McCandless, hereinafter termed "Contractor," upon the following express terms and conditions: (1) That the Contractor shall erect within the above described working spaco a solid fonce built of not less than one inch material and at least eight feet in height (or extending from the sidewalk to the underside of the present awning) substantially braced and anchored and to maintain same in good condition at all times while the work is in progress. The Contractor will be permitted to put a door in the barricade that will either open in or slide parallel to the barricade, and at all times that material is being delivered or taken away from the building, a watchman shall be provided to warn pedestrians of approaching danger. The Contractor will also be permitted to uso two (2) parking moter spaces immediately in front of the entrance in the barricade for the delivery or removal of materiale during construction work. (2) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (3) That provisions shall be made for the normal flow of all storm waters in the gutter, and the Contractor will be responsible for any damago dono, due to obstruction of any such storm water. (4) That the Contractor shall place on the outside corners of any walkway, barricades, or obstructions, red lights during all periods of darkness and provide lighting system for all tunnels. (5) That the Contractor shall remove all fences, barricades, loose materials, and other obstructions on the sidewalk and street immediately after the necessity for their existence on said sidewalk or street has ceased, such time to be determined by the City Manager, and in any event all such sidewalk barricades, materials, equipment, and other obstructions shall be removed not later than July 1, 1941. (6) 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. 283 (7) That the use and enjoyment of the spaces heroin granted shall not be oxclusive 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 pигровев. (8) 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 repaired at the Contractor's expense. (9) That the Contractor shall furnish the City of Austin a surety bond in the sum of Tive Thousand Dollars ($5000.00), which shall protect, indemnify, and hold harmless the City of Austin from any claims for damages to any person or property that may accrue to or be brought by any person by reason of the exercise or abuse of the privileges granted the Contractor by the City of Austin, and shall guarantee the replacement of all sidewalks, pavement, and all other public property and public 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 spaco. Upon motion of Councilman Gillis, the foregoing resolution was adopted by 'the following vote: Ayes, Councilmen Alford, Gi111s, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomow absent. The following resolution was introduced by Councilman 01111s: WHEREAS, Carl Stewart is the Contractor for the altoration of a building located at 14346 Quadalupe Street and desires a portion of the sidewalk and street space abutting the south 18 feet of Lot 35, Outlot 36, Division D, of the Original City of Austin, Travis County, Toxas, during the alteration of the building, such space to be used in the work and for the storage of materials therefor; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses heroinabove enumerated be granted to said Carl Stewart, the boundary of which is described as followst Sidewalk and Street Working Space BEGINNING at the northwest corner of the above described property; thence in an easterly direction and at right angles with the centerlino of Quadalupe Street approximately six feet to a point; thence in a southerly direction and parallel to the centerline of Guadalupe Street approximately 18 feet to a point; thence in a westerly direction and at right angles to the southwest corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said Carl Stewart, hereinafter termed "Contractor," upon the following express terms and conditions: (1) That the Contractor shall erect within the above described working space a solid fence built of not less than one inch material and at least eight feet in height (or extending from the sidewalk to the underside of the present awning) substantially braced and anchored and to maintain same in "good condition at all times while the work is in progress. The Contractor will be permitted to put a door in the barricade that will either open in or slide parallel to the barricade, and at all times that material is being delivered or taken away from the building, a watchman shall be provided to warn pedestrians of approaching danger. (2) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (3) That provisions shall be made for the normal flow of all storm waters in the gutter, and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (14) That the Contractor shall place on the outside corners of any walkway, barricades or obstructions, red lights during all periods of darkness and provide lighting system for all tunnels. (5) That the Contractor shall remove all fences, barricades, loose materials, and other obstruct1one on the sidewalk and street immediately after the necessity for their existence on said sidewalk 284 3 or street has ceased, such time to bo determined by the City Managor, and in any event all such sidewalk barricados, materials, oquipment, and other obstructions shall be removed not later than July 1, 1941. (6) That the City roservos the right to revoko at any time any and all the privileges horein granted, or to require the orection or installation of additional barriers or safeguardo if the conditions demand it. (7) That the use and enjoyment of the spaces horein granted shall not be exclusive as aguinut public noods, and the City, in making such grant, rogorves the right to enter and occupy any part or all of said space any time with its public utilitics, or for other necessary public purpовов. (8) 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 repaired at the Contractor's oxponse. (9) That the Contractor shall furnish the City of Austin a surety bond in the sum of One Thousand Dollare ($1,000.00), which shall protect, indemnify, and hold harmless the City of Austin from any claims for damages to any person or property that may accrue to or be brought by any porson by reason of the exercise or abuse of the privileges granted the Contractor by the City of Austin, and shall guarantee the replacement of all sidewalka, pavement, and all other public property and public utilities disturbed or romoved 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 voter" Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomow absent. The following resolution was introduced by Councilman Alford: WHEREAS, the curb and sidewalk upecifications of the City of Austin which have been previously adopted by the City Council of the City of Austin require that all curbs and sidewalks bo constructed of concrete unless a special pormit has been secured from the City Council of the City of Austin to construct curbs, sidewalks and ramps of other materials; and WHEREAS, A. H. Ritter, owner of Lot 7, Block 6, of Pemberton Heights Section 1, which property abuts the west side of Jarratt Avenuo at a location north of Winduer Road, and being locally known as 2412 Jarratt Avenue, has made application to the City Council of the City of Austin for permission to construct a flagstone walk from the curb line to the property line adjacent to the above described proporty; and WHEREAS, said request has been reviewed and considered by the City Council of the City of Austin; therefore BE IT RESOLVED BY THE CITY COMICIL OF THE CITY OF AUSTIN: THAT A. H. Ritter, owner of Lot 7, Block 6, of Pemberton Heights Section 1, a subdivision within the City of Austin, Travis County, Texas, which property abuts the west side of Jarratt Avenue at a location north of Windsor Road, and being locally known as 2412 Jarratt Avenue, 18 hereby granted permission to construct a flagstone walk from the property line to the curb line at the above described location, and said walk is to be constructed under the supervision and direction of the City Engineer of the City of Austin and in accordance with lines and grades furnished by the Engineering Department of the City of Austin, and further subject to the following conditions: That the stone shall be laid in a smooth and worlmanlike manner and shall conform to the sidewalk grades and curb grades as given by the Engineering Department of the City of Austin in order that same will not create a hazard to pedestrians. That the stone shall be placed upon a 4" concrete base and that all work within the City streets shall be done by a bonded sidewalk contractor and in accordance with the instructlong and directions of the City Engineer of the City of Austin. WHORS 285 The foregoing resolution, upon motion of Councilman Alford, was adopted by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; noys, none; Councilman Bartholomew absent. It was moved by Councilman Wolf that the application of Grogory Guerrero Ramirez, 1912 Riverview Street, for a taxicab driver'e permit be granted, in accordance with the recommandation of the City Manager. The motion prevailed by the following vote: Ayes, Councilmon Alford, Gillis, Mayor Millor, and Councilman Wolf; naye, nono; Councilman Bartholomow absent. It was moved by Councilman Wolf that the following applications for 11conses to operate privato boats be granted, subject to the approval of same by the Lake Austin Navigation Board: Name and Address of Applicant Armstrong, T. 1. Driscoll, Dan J. 1009 Wost 33rd Street 3501 Windsor Road Elder, Prentice - Route 2, Box 552 Elkins, John -2105 East 2nd Street Gularza, Henry Shootz, R. L. -1504 Peane Road Stobaugh, W. 704 East 11th Street -712 West Monroe Stroet Description of Bout Homo-mado, Row, 3 years old, 1-passenger Custom, Sail, New, "Lolli Pop" 6-passenger Factory, Outboard, 1941 Model, Evinrudo, 6-passenger Home-made, Outbourd, 2 years old, 3-passenger Home-made, Inbourd, 1941 Model, "Honry", 3-passenger Homo-mado, Sail, Now, "Snorky", 6-passenger Home-made, Outboard, 1940 Model, Evenrude, 3-passenger The motion prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Millor, and Counc11man Wolf; nays, none; Councilman Bartholomew absent. It was moved by Councilman Wolf that the following applications for liconses to operate commercial boats be granted, subject to the approval of same by the Lake Austin Navigation Board: Name and Address of Applicant Burns, Rex 808 Floren Street Description of Boat Homo-made, Row, 1 year old, -passenger Burne, Rex M -808 Flores Street Homo-made, Outboard, Now, Johnson, 7-passengor Burne, Rex 808 Flores Street Home-made, Row, 1 year old, : 4-passenger Reed, Jack F.- - Lako Austin Reed, Row, New, 6-passongor Reed, Jack F.- Lake Austin Read, Row, Now, 6-pausengor Reed, Jack F.- Lake Austin Rood, Row, 1 year, 6-paosongor Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Rood, Jack F.- Lake Austin Rood, Row, New, 6-passenger Rood, Jack F.- Lake Austin Read, Row, New, 6-passoncor Reed, Jack F.- Lake Austin Reed, Row, 1 year, 6-passenger Rood, Jack F.- - Lake Austin Reed, Row, New, 6-pasnongor Reed, Jack F.- Lake Austin Reed, Row, New, 6-passongor Reed, Jack F.- Lake Austin Roed, Row, 1 year, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-pasnongor Reed, Jack F.- Lake Austin Reed, Row, llew, 6-passenger Reed, Jack F.-. Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, New, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, 1 year, 6-passenger Reed, Jack F.- Lake Austin Reed, Row, llew, 6-pausonger 286 The motion prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The following ordinance was introduced by Councilman Wolf: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE REGULATING THE DISPOSAL OF WASTE MATTER AND CONNECTIONS WITH PUBLIC SANITARY SEVERS IN THE CITY OF AUSTIN, PASSED FEBRUARY 24, 1938, BY THE CITY COUNCIL OF THE CITY OF AUSTIN, AND RECORDED IN BOOK "K", PAGES 388-394, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN BY ADDING TO SAID ORDINANCE A NEW SUB-SECTION TO BE KNOWN AS SUB-SECTION (c) OF SECTION 4, MAKING IT UNLAWFUL FOR ANY PERSON TO BUILD A BUILDING, FIXTURE, FACILITY OR OTHER STRUCTURE FOR THE DISPOSAL OF WASTE OR SEWAGE WITHOUT COMPLYING WITH THE REQUIREMENTS OF SECTIONS 4(a) AND (1) OF SAID ORDINANCE PRESCRIBING CERTAIN PERMITS FOR SUCH BUILDINGS AND OTHER STRUCTURES; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Wolf moved that the rules be susponded and the ordinance be passed to its second reading. The motion was seconded by Councilman Alford, and the same prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nuys, none; Councilman Bartholomow absent. 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, Councilmon Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. 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 samo prevailed by the following vote: Ayes, Councilmen Alford, G1111s, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. The Mayor announced that the ordinance had been finally passed. The following report of the Board of Adjustment was received: "Austin, Texas June. 5, 1941 Honorable Mayor and City Council Austin, Texas Gentlemon: In regard to the application of Elbert Van Dyke and Howard Wynn for a change in zoning of the premises at 1100 East 11th Street so as to permit the sale of wine and beer, which was referred to the Board of Adjustment on May 16, 1941, the Board took the referral under advisement pending the completion of the comprehensive amendments to the Zoning Ordinance and the conferenco with the City Council concerning the same inasmuch as it was contemplated to include this property in the "0-1" Commercial District. Subsequently, the petitioners stated they would withdraw the application pending the enactmont of the amendments by the City Council which would make the change unnecessary. The Board, therefore, took no further action on the matter on the assumption that the application would bo withdrawn. It seems that the applicants now insist on a hearing before the Council in spite of their promise to withdraw. Since this application is for a change from "C" Commercial District to "C-2" Commercial District of a single lot, the Board of Adjustment would not recommend the change under the circumstances, both because such a change would be a spot zone and because of the pending inclusion of this property in the "C-1" Commercial District, which would permit the sale of wine and beer in connection with a restaurant which the applicants propone to operate. Respectfully submitted /s/ H. F. Kuehne Chairman. N In accordance with published notice thereof, the public hearing on the proposal of the City Council to amend the Zoning Ordinance in the following particulars was opened: To amend the USE designation of the following described property so as to change same from "C" Commercial District to "C-2" Commercial District; 5 287 South part of Lots 62 and 61, Outlot 55, Division "B", known as 1100 East 11th Street, in the City of Austin, Texав. No one appeared and pload for the change. Roverend R. T. Thomas, Pastor of the Metropolitan A. M. E. Church, Deacon Jones, and others appeared and protested the change. No other persons desiring to be heard, Councilman Gillis then moved that the hearing be closed, and that the action of the Board of Adjustment be sustained and the change not granted. Tho motion. prevailed by the following vote: Ayes, Councilmen Alford, Gillis, Mayor Miller, and Councilman Wolf; nays, none; Councilman Bartholomew absent. Upon motion, seconded and carried, the meeting was recensed at 11:50 A. M., subject to call of the Mayor. Attest: Hallis M Clerk REGULAR MEETING OF THE CITY COUNCIL: Approved: Jom milla. Mayor Austin, Texas, June 12, 1941. The City Council convened in regular session, at the regular meeting place in the Council Chamber at the Municipal Building on Thursday, June 12, 1941, at 10:40 A. M., with Mayor Tom Miller presiding. Roll call showed the following membors present: Councilmen Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; absent, Councilman Alford. The reading of the Minutes was disponsed with. Mru. Helen Lane came before the Council and complained that, during a recent rain, her premiuou at 3313 Hollywood Avenue were flooded by a wall of weter from the street as a result of the cutting through of Dancy Street to Edgowood Avenue. The matter was reforred to the City Engineer for an invostigation and a report to the Council on the probable cout of remodying the situation. Mr. A. F. Jones came before the Council and complained that his premises at 2002 Forest Trail were overflowed during a recent rain as a result of the alleged stopping up of a ditch by the City. The matter was referred to the City Engineer for investigation and remedy, if possible. Mr. R. D. Patterson, 1405 Kent Lane, came before the Council and complained of a bad drainage condition on said Kont Lane. The matter was referred to the City Engineer for investigation and remedy, if possible. Mary E. Brunch, colored, came before the Council and submitted a request that the City Council very shortly consider the buying of some property for a playground for the colored children of East Austin. She was advised by the Mayor that there was very little prospect of the City's buying