546 REGULAR MEETING OF THE CITY COUNCIL: Austin, Texas, March 05, 1942. The City Council of the City of Austin, Texas, convened in regular session, at the regular meeting place in the Council Chamber at the Municipal Building, on Thursday, March 5, 1942, at 10:30 Α.Μ., with Mayor Tom Miller presiding. Roll call showed the following mambers present: Councilmen C.F.Alford, Eugene C. Bartholomew, Simon 01111s, Mayor Tom. Miller, and Councilman Oswald G. Wolf; absent, none. The Minuten of the regular meeting of February 26, 1942, wore read, and upon motion of Councilman Alford, were adopted as read by the following vote: ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The question of whether the City should take bids for leasing of the Municipal Airport to private management, or operate same under City management, came up for discussion. A delegation of citizens 'waa present on the matter, and those participating in the discussion wore as follows: BOB COLTHARP, Chairman of a committee from the Industrial Division of the Chamber of Commerce Aviation Committee, spoke, substantially, as follows: "That his committee, after a study of this particular phase of the matter, were of the opinion that the City should try to secure a manager for the Airport, a nonoperating manager, preferably a flier but not one who was trying to make a living from flying, and that he should he on the payroll of the City and manage the airport as other City activities are managed; That a national survey has disclosed that only about 6% of the airports in the United States are operated on other plans - 94% being operated on the plan proposed; That if the managor or lensee of the Airport is an oporator, he would not have to roport to the City Manager and would run the Airport, owned by the taxpayers, for his own profit, which is not the democratic way; that any profit made should go to the City, and if there is a loss, then the City should take that loss, but, if properly managed, in time thoro would not be a loss; That the airport, including the land area, equipment, otc., is all a public enterprise and public property and should be oporated on same basis as the streets and highways; That the City would have police jurisdiction and would sọc that the CAA rules are followed. " WEBE RUFF, a former manager of the Airport, indorsed the statements of Bob Coltharp, adding that he does not believe that the Airport will ever be operated at a profit by the City, but, if for no other reason, custom will require that it be operated by the City as a utility, and that is the way it will have to be operated to get the most benefit for the City, for the advantages accruing to the City are not measured in dollars and cents; and that it is better to have same operated by a manager on a salary, under the City Manager, and not allow him to engage in flying for a living. The Mayor then asked if there were any present who wished to submit bids for leasing of the Airport. G. C. Cross stated that he had considered submitting a bid, but would not do so if there wore no other bidders, and that he was in favor of City management of some. Mr. Wright, who operates a flying school, also stated that he had rather the City would operate the Airport. No other persons desiring to bo heard, Councilman Wolf then moved that the City take over and operate the Municipal Airport as a City activity, under the management of a man employed by the City Manager; that the City Manager be authorized to receive applications for this position, and to set up a supplemental budget covering the operation of such Airport. The motion provailed by the following vote: ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The City Manager then advised the Council that he would have such supplemental budget ready for approval at the next regular meeting. B. H. Williams, Agont of Gulf Oil Corporation, informed the Council that if the City desires to put in additional equipment for gasoline at the Municipal Airport, his Company would be glad to take the matter up with the officials in Washington. It was the sense of the meeting that the City Manager be authorized to provide for the gasoline requirements of the Airport. Melvin Pannell submitted to the Council his Chauffeur's License, just granted by the Texas Department of Public Safety, and asked that he be granted a taxicab driver's permit. After somo discussion, it was moved by Councilman Wolf that the said Melvin Pannell be granted a probationary taxicab driver's permit for thirty days, subject to cancellation in the meantime upon the first offense. Tho motion prevailed by the following vote: ayes, Councilmen Alford, Bartholomew, G11118, Mayor Miller, and Councilman Wolf; nays, none. The written request of H. F. Severn, Agent of the Sinclair Refining Company, for permission to use the southeast corner of the Butler tract, approximately three hundred feet square, for the purpose of putting on a demonstration of the "Sinclair Flight Trainer" from March 26th to March 30th, was received. The matter was referred to the City Manager, with instructions to grant the request as set forth in such written communication. The written application of Jos. Lucas and R. C. Leigh for a change in zoning, from"C-1" Commer cial District to "C-2" Commercial. District, of the south side of Fast First Street between Congress Avenue and Red River Street, or alternatively, between Trinity and Red River Streets, was received; and the matter was referred to the Board of Adjustment for consideration and report. Councilman Bartholomew offered the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin heroby approved as a private gasolino plant, for the sole purpose of servicing their own motor oquipmont, and from which no gasolino is to be sold, the property situated on the east side of Neches Street north of Fast Third Street, which property is owned by Gugenheim-Goldsmith Company and is designated as Lot 1, Block 34, Original City of Austin, Travie County, Texas, and hereby authorizes Gugonheim-Goldsmith Company, acting by and through Harold W. Hoefgen, Manager, to operate a private gasoline plant for the sole purрове of servicing their own motor equipment, and from which no gasoline is to be sold, subject to the same's being operated 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 operation of this private gasoline plant after full compliance with all the provisions of this resolution, and said permission shall be held to be granted and accepted, subject to all necesвагу, reasonable and proper, present and future regulations and ordinances of the City of Austin, Texas, in the enforcement of the proper police, traffic and fire regulations; and the right of revocation is retained if, after heering, it is found by the City Council. that the said Ougonheim-Goldsmith Company has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations, and ordinuncoв. (Recommendations Attached) "Austin, Texas March 5, 1942 Mr. Guiton Morgan City Manager Austin, Texas Dear Sir: I, the undersigned, have considered the application of Gugenheim-Goldsmith Company, acting by and through Harold W. Hoefgen, Manager, for permission to operate a private gasoline plant for the sole purpose of servicing their own motor equipment and from which no gasoline is to be sold, upon property located on the east side of lleches Street north of East Third Street, which property 1s designated as Lot 1, Block 34, Original City of Austin, Travis County, Texas, and locally known as 305 Neches Street. This property is located in a "C-2" Commercial District and I recommend that this permit be granted, subject to the following conditions: 547 548 (1) That the (asoline tanks and pumps shall be of an approved type and shall bear the label of the National Board of Fire Underwriters and that all tanks and pumps shall be installed in compliance with the Ordinance governing the storage and handling of gasoline. (2) That all pumps shall be located not nearer than 10 feet to the property line and so located that cars stopped for the purpose of receiving gasoline or other supplies shall not in any way obstruct the free passage of traffic on either the sidewalk, street or alley. (3) That "NO SMOKING" signs shall at all times be prominently displayed, and no person shall be permitted to smoke on the premises whore gasoline is handled or stored. (4) That a permit be secured from the Building Inspector's office before any installation work is started. Respectfully submitted, (Sgd) J. C. Eckert Building Inspector. Upon motion of Councilman Bartholomew, 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 Alford: WHEREAS, Texas Public Service Company has presented to the O1ty Council tentative maps or plans showing the proposed construction of its gas mains in the streets in the City of Austin hereafter namod, 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 horeby, permitted to lay and construct its gas mains in and upon the following atreets: A gas main in EXPOSITION BOULEVARD from West 35th Street southerly 166 feet, the centerline of which gas main shall be 7 feet west of, and parallel to, the east property line of said Exposition Boulevard. Said gas main described above shall have a covering of not less than 20 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 Toxas Public Service Company 1s further put upon notice that they will be required to bear the expense of repairs or replacement of any underground utilities 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 bo used at intervalв 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 undor 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; nays, none. Mayor Miller offered the following resolution, which was unanimously adopted and ordered sprend on the minutes: WHEREAS, Dr. George M. Decherd, City Health Officer for the past five years, and City School Physician for many years, died on Thursday, February 26, 1942; and WHEREAS, the City Council wishes to express their appreciation for the many years of constructive service which Dr. Decherd rendered to the Schools and to the public health of the City of Austin; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT this resolution expressing this appreciation be recorded in the minutes of the City Council. meeting and the City Clerk is so instructed. The City Attornoy was instructed to prepare a resolution commemorating the death of Judge A. L. Love, former City Attorney, for adoption at the next regular moeting. The following bids on firo apparatus were opened and road: : American-La France Foamite Corporation: 1 American-La France Type 80, 750 gallon Triple Combination Pumping Engine Mack International Motor Truck Corporation: $9,000.00 1 Mack Type 60, 750-gallon Triplo Combination Pumping Engine 8,994.68 The Seagrave Corporation: 1 Seagrave Type 80, 750-gallon Triple Combination Pumping Engine --- Less Deductions --- 8,934.00 8,654.32 Councilman Wolf moved that the not bid of The Seagrave Corporation, in the amount of $8,654.32, be accepted, and that the City Manager be authorized to enter into contract accordingly. The motion prevailed by the following vote: ayes, Councilmen Alford, Bartholomew, Cillis, Mayor Miller, and Councilman Wolf; nays, none. Councilman Alford moved that the application of Ralph Hugh Smith, 1003 West 12th Street, for a taxicab driver's permit be granted, as recommended by the City Manager. The motion prevailed by the following vote: ayes, Councilmen Alford, Bartholomow, Gillis, Mayor Miller, and Councilman Wolf; nays, none. Councilman Alford moved that the application of Lille Douglas Moore, 1118 West 5th Street, for a taxicab driver's permit be granted, in accordance with the recommendation of the City Manager. The motion prevailed by the following vote: ayes, Councilmen Alford, Bartholomew, G1111s, Mayor Miller, and Councilman Wolf; nays, nono. Councilman Wolf moved that the application of F. R. Arnham, 300 Congress Avenue, for a taxicub license bo granted, as recommended by the City Manager. The motion prevailed by the following vote: ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. Councilman Wolf moved that the application of A. Hobbs, 300 Congress Avenue, for a taxicab license be granted, as recommended by the City Manager. The motion prevailed by the following vote: eyes, Councilmen Alford, Bartholomow, Gillis, Mayor Miller, and Councilman Wolf; nayo, nono. Councilman Wolf moved that the application of James Monroe McDugle, 31 San Saba Street, for a taxicab license be granted, as recommended by the City Manager. The motion provailed by the following vote: ayos, Councilmon Alford, Bartholomow, 011118, Mayor Miller, and Councilman Wolf; nays, none. Councilman Wolf offered the following ordinance : AN ORDINANCE REGULATING THE SOLICITATION OR ACCEPTANCE OF ALMS OR GIFTS FOR CHARITABLE, PATRIOTIC, OR PHILANTHROPIC PURPOSES IN THE CITY OF AUSTIN, AND REQUIRING EVERY PERSON TO OBTAIN A PERMIT TO ENGAGE IN ATY SUCH ACTIVITY; MAKING CERTAIN EXCEPTIONS; PRESCRIBING A FORM OF APPLICATION AND A STANDARD BY WHICH ANY PERMIT MAY BE GRANTED OR REFUSED; PROVIDING FOR SUSPENSION OR REVOCATION OF A PERMIT; PROHIBITING CERTAIN UNLAWFUL PRACTICES IN CONNECTION WITH THE SOLICITATION OR ACCEPTANCE OF ALMS OR GIFTS; REPEALING AN ORDINANCE PASSED OCTOBER 2, 1941, RECORDED IN ORDINANCE BOOK "L", PAGES 187-190, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, BUT MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES OR PARTS OF ORDINANCES NOT IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PRESCRIBING PENALTIES; AND DECLARING AN EMERGENCY. The Ordinance was read the first time and Councilman Wolf moved that the Ordinance be passed to its second reading. The motion prevailed by the following vote: ayes, Council.men Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. 549 550 The Ordinanco was thon laid over for its second reading. The following rosolution was introduced by Councilman Wolf: WHEREAS, an election was held in the City of Austin, Texas, on the lith day of March, A. D. 1942, at which election there was submitted to the qualified voters of said City, for their action thereon, the certain proposition to issue bonds of the City of Austin for the purpose hereinafter named; and WHEREAS, the City Council has this day canvassed the returns of said clection, as made and reported by the officers of said election of the various voting wards of said City, and has found Bald returns to show the following results of said elections EAST FIRST WARD For the Proposition Against the Proposition 209 39 WEST FIRST WARD For the Proposition --- 232 Against the Proposition ----- 14 SECOND WARD A For the Proposition 59 Against the Proposition 4 SECOND WARD B For the Proposition 82 Against the Proposition- 7 SECOND WARD C For the Proposition ---- 151 Against the Proposition 30 WARD 3-A For the Proposition 111 Against the Proposition 0 WARD 3-B For the Proposition 77 Against the Proposition 12 WARD 3-0 For the Proposition 200 Against the Proposition 39 WARD 4-A For the Proposition 98 Against the Proposition 12 WARD 4-B For the Proposition - 183 Against the Proposition 38 WARD 14-0 For the Proposition 193 Against the Proposition 30 WARD 4-D For the Proposition 192 Against the Proposition -- 32 WARDE For the Proровіtion Against the Proposition WARD 5-A For the Proposition Against the Proposition WARD 5-B ..... 914 ..... 17 ..... 90 ..... 6 For the Proposition....... 141 Against the Proposition • .. VARD 6 • 29 For the Proposition ..... .. 117 Against the Proposition .. .. 10 WARD 6-A For the Proposition. Against the Proposition WARD 7-A .... .. ..... For the Proposition....... Against the Proposition..... 60 14 73 14 WARD 7-B For the Proposition • ...... Against the Proposition..... SUMMARY 126 11 Total Votes Cast FOR the Proposition... Total Voteo Cast AGAINST the Proposition. 2488 338 and WHEREAS, it has been determined by said canvass of said return of said election, as tabulated and set out above, that said proposition received at said clection more than two-thirds affirmative votes of all the votes cast thereon; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT it is hereby declared the result of said election to be that the City Council of the City of Austin has been and is authorized by the voters at said olection, in the majority required by law, to issue bonds of the City of Austin, in the amount and for the purpose hereinafter stated, provided that none of said bonds shall bear interest at a rate exceeding three (3%) per cent and to mature not exceeding thirty years from the date of samo, serially or otherwise, as may be determined by the City Council, towits For the purpose of condemning or purchasing, either or both, lands located within or without the corporate limits of the City of Austin, to be used, maintained, and operated as an airport, and for improving and equipping the same for such use. 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 offered by Councilman Alford: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of $1,300.42 be, and the same is hereby, appropriated out of the General Fund, not otherwise appropriated, for the purpose of purchasing one payroll accounting machine for the Accounting Division. 551 552 Upon motion of Councilman Alford, the foregoing resolution was adopted by the following vote: ayes, Councilmen Alford, Bartholomow, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The following resolution was offered by Councilman Gillist BE IT RESOLVED BY THE CITY COUNCIL OF TIDE CITY OF AUSTIN: THAT the sum of $378.00 be, and the same is hereby, appropriated out of the General Fund, not otherwise appropriated, for the purpose of purchasing one desk model bookkeeping machine for the Tax Division. Upon motion of Councilman G11114, the foregoing resolution was adopted by the following vote: ayos, Councilmon Alford, Bartholomew, G11118, Mayor Miller, and Councilman Wolf; nays, none. Councilman Wolf introduced the following ordinance: AN ORDINANCE REGULATING THE RATES TO BE CHAROND CONSUMERS FOR NATURAL GAS AND GAS SERVION WITH IN TIDE OITY OF AUSTIN, TEXAS, AND REPHALING CERTAIN PROVISIONS CONTAINED IN SHOTION 14 OF THE ORDINANCE WHICH IS RECORDED IN ORDINANCE BOOK "G", PAGES 379-389, BOTH INCLUSIVE, OF T OBDINANCE RECORDS OF THE CITY OF AUSTIN, AND REPHALING THE GAS RATE ORDINANCE PASSED AND APPROVED OCTOBER 10, 1935, WHICH ORDINANCE IS RECORDED IN ORDINANCE BOOK "K", PAGE 146, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN; AND DECLARING AN EMERGINOY, The ordinance was read the first time and Councilman Wolf moved that the rules be suspended 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, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The ordinance was read the second time and Councilman Wolf moved that the rules be further auspended 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, Bartholomew, 01111s, Mayor Miller, and Councilman Wolf; nuys, 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 same prevailed by the following vote: ayes, Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; nays, none. The Mayor then declared the ordinance finally passed. A petition, signed by W. F. Kuehne, et al., asking for a traffic light at the intersection of Red River and East 11th Streeto, in view of the heavy traffic at this point and the obstructions to vision that oxist, was received; and the matter was referred to the Traffic Division for consideration and recommendation. Attest: Stallic M Hellas City Clerk Approved Jom Miller. Mayor