REGULAR MEETING OF THE CITY COUNCIL: ( 63 Austin, Textur, October 15, 1942 The City Council convened in regular session, at the regular meeting place in the Council Chamber at the Municipal Building on Thursday, October 15, 1942, nt 11:50 A. M., with Mayor Tom Miller presiding. Roll onll showed the following membe re present: Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; absent, Councilman Wolf. There were present also: Walter E. Senholm, Acting City Manager; Gibson R. Randle, Acting City Attorney; J. E. Mothernl, City Engineer; and R. D. Thorp, Chief of Police. The Minutes of the regular moeting of October 8, 1942, were read, and upon motion of Councilman Alford were adopted as read by the following vote: "ayen," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf Absent. The following resolution was introduced by Councilman Alford: (RESOLUTION) WHEREAS, Charles Dana Butts was charged with negligent collision in the Corporation Court of the City of Austin in Cause No. 88,730, as a result of an alleged collision on or about September 29, 1942, on South Congress Avenue with a United States Army truck, which case came on for trial on or about October 1, 1942, and following a plea of not guilty the case was tried before the court, resulting in a conviction for negligent collision, whereupon the defendant, Charles Dana Butts, was fined in the amount of Ten Dollars ($10.00); and WHEREAS, the said defendant paid the said fine and did not file either a motion for new trial or an appoal from the judgment of the court; and WHEREAS, the said Charles Dana Butte and his attorney, Ghent Sanderford, appeared before the City Council on October 15, 1942, and requested the City Council to remit the fine in the maid case for the reason that there were extenuating circumstances, and for the further renson that the defendant is about to enter the armed service; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the fine of Ten Dollars ($10.00) imposed by the Corporation Court against Charles Dana Butta in the case above described be and it is hereby romitted to the said Charles Dana Butts, provided, however, that it is not the intention of the City Council to hereby express any opinion upon the guilt or innocence of the dofendant in said case; THAT the City Manager, or in his absence the Acting City Manager, be and he is hereby authorized and directed to cause a check to be issued payable to Charlen Dana Butts in the amount of Ten Dollars ($10.00). Upon motion of Councilman Alford, the foregoing resolution was adopted by the following; votet "Ayes," Councilmen Alford, Bartholomew, Gillie, and Mayor Miller; "nays," none; Councilmon Wolf absent. An append by Walton Lee Harris, 340? Bailey Lane, on his application for a taxicab driver's permit, which had been recommended for denial by the Acting City Manager and the Chief of Police, was heard. After a consideration of the facte in the case, it was moved by Mayor Miller that the said Walton Lee Harris be granted na toxicab driver'a permit for a 90-day probationary period, with the understanding that applicant report to the Chief of Police on December 1, 1942; and with the further understanding that if, at the expiration of such probationary period, applicant's record is satisfactory, permit will be extended. The motion prevailed by the following vote: "ayer," Councilmen Alford, Bartholomew, Gillis, and Mnyor Hiller; "neys," none; Councilman Wolf abrent. A communication from Hilliare F. Nitschke, Assistant Attorney, Acting Project Manager, thanking the City Council for office space in the Municipal Building furnished the United States Government during the acquisition of land for the Del Valle Air Base, was received and filed. 64 The following application for a private boat licenne war submitted liame and Address of Applicant Moffitt, Alexander 607 Went 32nd Street Description of Bont Factory-built, Collapsible Cance, 1.938 Modol, P-passenger Councilman Alford moved that the application be conted, subject to the approval of the Lake Auertin Navigation Board. The motion provniled by the following vote: "nyes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller: "nays," none; Councilman Wolf absent. The following resolution was introduced by Councilman Bartholomowt (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approven ne a private gasoline plant for the sole purpose of servicing their own motor equipment, and from which no casoline in to be sold, the property situated on the north side of West 3rd Street, which property is owned by The Southwestern Ice and Cold Storage Company and in designated as Lot 3, Block 27, of the Original City of Austin, Travis County, Texas, and hereby authorizes The Southwestern Ice and Cold Storage Company, acting by and through A. M. Fitzpatrick, Manager, 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, subject to the anme being operated in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations; and the Building Inspector in hereby authorized to issue an occupancy permit for the operation of this private gasoline plant after full compliance with all the pro- visions 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 the 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 The Southwestern Ice and Cold Storage Company has failed and refused, and will continue to fail and refuse, to perform any such conditions, regulations, and ordinances. (Recommendations Attached) "Austin, Texas October 15, 1942 Mr. Walter E. Seaholm Acting City Manager Austin, Texas Dear Sirt I, the undersigned, have considered the application of The Southwestern Ice and Cold Storage Company, neting by and through A. M. Fitzpatrick, Manngor, for permission to oporate a private Casoline 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 north side of West 3rd Street, which property is designated as Lot 3, Block 27, of the Original City of Auntin, Travis County, Texas, and locally known as 306 West 3rd Street. This property is located in a "C-P" Commercial District and I recommend that this permit be granted subject to the following conditions! (1) That the gasoline tanks and pumps shall be of an approved type and chall bour the label of the National Board of Fire Underwriters and that all tonks and pumpa sha】1 be inetolled in compliance with the Ordinance governing the storage and handling of Gasoline. (2) That all mumpe shall be located not noorer than 10 feet to the property line and no located that cars stopped for the purpose of receiving Caroline or other supplies shall not in any way obstruct the free passage of traffic on either the sidewalk, street, or alley. (3) That "110 SMOKING" sing shall at all times be prominently displayed, and no person shall be permitted to smoke on the premises where gasoline is handled or stored. (4) That all fees shall be paid und a permit choll be secured from the Building Inspector's Office before any installation work is started. Respectfully nubmitted, ----Signed---- J. C. Eckert Building Inspector 11 ! Upon motion of Councilman Bertholomew, the foregoing resolution won adopted by the following voto: "nyen," Councilmen Alford, Bartholomew, Gillis, and Mayor Iiiller; "noys," none; Comcilmen Wolf abnent. The following report of the Board of Adjustment was received and ordored filed: "Aurtin, Texnn October 14, 1912 The Honorable Mayor and City Council Austin, Texna Gentlement The following is a copy of a resolution which was panned by the Board of Adjustment At a meeting held on October 13, 1942 RESOLUTION WHEREAS, the City Council of the City of Austin, pursuant to the torms of Section 31 of the Zoning Ordinance of the City of Austin, has referred to the Zoning Board of Adjustment for its consideration, a petition of Horace H. Shelton on behalf of the owners, requesting a change in the Use designation of the following described propertyt Outlot 36, Division "B"; Outlot 34, Division "B"; Travis County, Taxas, Eant 39.8 feet of Lot 6, and all of Lot 5, Block 4, and Lote 9 and 10, Block 1, all in the City of Austin, from "A" Residence District and First Height and Aren District to "C" Commercial District and Second Height and Area District; and WHEREAS, the Board of Adjustment, after having viewed the property, at a meeting on October 13, 1942, carefully considered this petition in the light of existing conditions on and surrounding this property and its effect on the surrounding community and its relationship to a comprehensive zoning plan; and WHEREAS, an inspection of the property discloses the fact that there are now three non-conforming uses on the west side of Chicon Street on the property in question; and WHEREAS, the property to the south of the alley between 12th and 13th Streets in now zoned as a "C-1" Commercial District; and WHEREAS, an analysis of the conditions in this neighborhood indicates the desirability of providing more commercial space for use of the Negro population, especially owing to the War emergency; therefore, BE IT, HESOLVED BY THE BOARD OF ADJUSTMENT: THAT it is hereby recommended to the City Council that the above described property be changed from "A" Residence District and First Height and Aren District to "C" Commercini District and Second Height and Aren District for the following principal rennonst 1. That the above recommended change is an extension of an existing commercini district for a distance of one-half block, and the inclusion of the property on both sides of Chicon Street would not mark this change an a spot zone. 2. That no rensons have been advanced why this change should not be made and on the contrary, the granting of thin chango would meet a justified demand for an oxtons of the commercial district at this locality, and would not advormely affect the property values or public welfare. Respectfully mubmitted, BOARD OF ADJUSTMENT By ----Signed----- H. F. Kuchne Chairman. 11 In accordance with published notice thereof, the Mayor announced the public hourin: open on the proposal of the City Council to amend the Zoning Ordinance in the following particulors: To amend the USE designation and the HEIGHT AND AREA designation of the following described property an as to change some from "A" Residence District to "C-Commerciel" District, and from First Height and Area to Second Height and Area: Enrt 39.8 feet of Lot 6, ond all of Lot 5, Block 14, Outlot 36, Division "B"; and Lote 9 and 10, Block 1, Outlot 3, Division "E"; all in the City of Austin, Texne. No one appearing to protest the proposed change in zoning, Councilman Alford thereupon introduced the following ordinance: 45 65 66 AN ORDINANCE AMENDING THE CERTAIN ORDINANCE PASSED BY THE CITY COUMICIL OF THE CITY OF AUSTIN, TEXAS, JULY 17, 1941, BEING A GENERAL HEVISION OF THE ZONING ORDINANCE OF THE CITY OF AUSTIN, WHICH AMENDATORY ORDINANCE IS RECORDED IN BOOK "L", PAGES 152-174, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, TEXAS, THE AMENDATORY ORDINANCE HEREBY ENACTED CHANGING THE USE DESIGNATION AND THE HEIGHT AND AREA DESIGNATION FROM "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND SECOID HEIGHT AND AREA DISTRICT AS TO ALL OF THE FOLLOWING TRACTS: EAST 39.8 FERT OF LOT 6 AND ALL OF LOT 5, BLOCK 4, OUTLOT 36. DIVISION "B", AND LOTS 9 AND 10, BLOCK 1, OUTLOT 34, DIVISION "B"; ALL IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND ORDERING A DELINEATION OF THE OFFICIAL USE MAP AND THE OFFICIAL HEIGHT AND AREA MAP SO AS TO SHOW THE CHANGE HEREBY ORDERED; AND DECLARING AN EMERGENCY The Ordinance wan read the first time and Councilman Alford then moved that the rules be nunpended and the Ordinance be passed to its second rending. The motion wan reconded by Councilman Bartholomew and the same prevailed by the following vote: "nyes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. The Ordinance was then read the second time and Councilman Alford moved that the rules be further suspended and the Ordinance be passed to its third reading. The motion was neconded by Councilman Bartholomew and the same prevailed by the following vote: "Ayen," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. The Ordinance was then read the third time and Councilman Alford moved that the Ordinance be finally passed. The motion was seconded by Councilman Bartholomew and the same prevailed by the following vote: "ayer," Councilmen Alford, Bartholomew, Gillis, Mayor Miller; "naya," none; Councilman Wolf absent. The Mayor then announced that the Ordinance had been finally paвaed. Acting City Manager Seaholm submitted a request from the ANVS for permission to pince a build- It was the sense of the meeting ing in front of the Paramount Theatre for Navy recruiting סקינון Aes. that the request be granted, contingent upon the approval of same by Fire Chief Woody. Judge W. D. Hart came before the Council and requested that all taxicab owners be required to install some kind of standard meter as a protection to the public nuninst excessive fares. Further consideration of the matter was postponed to a meeting to be called for some day of the following week with Judge Hart and the toxionh owners; and the Acting; City Manager, the Acting City Attorney, the Chief of Police, and the Superintendent of Traffic were instructed, in the meantime, to prepare the necessary data on the subject and have name ready for the Council at said meeting. Dr. E. H. Givens come before the Council on behalf of the Negro noldiers and submitted a romuont for sanitary and other facilities at the designated Bowen Bur Company terminal for Negro noldiern at the Public Market. The matter was referred to the Acting City Manager, the Acting City Attorney, and the Chief of Police for conference with representativen of the Bowen Bus Company and officinin at Comp Swift relative to the establishing of a ticket office for Negroon at the Camp or at the Public Market. The Acting City Manager won also instructed to see what con be done in the way of providing toilet facilities for the soldiers in the alleys and other places. Acting City Manager Senholm submitted a request from the Broniff hirunya, Inc., to leome portion of the grounds at the Municipal Airport for the purpose of erecting thereon building to house its radio equipment. It we moved by Mayor Miller that the request be granted, with the understanding that if the roid Breniff kirays, Inc., ever desire to remove eid bating, the City of Aistin "noll have the right to purchase same, if it cores to do 30, at a 10% per year depreciation in volantion. The motion prevailed by the following vote: "nyes," Councilmen Alford, Bartholomew, Gillis, Mayor Miller; "noys," i none; Councilman Wolf ahnent. Upon motion, seconded and corried, the meeting won recessed at 11:55 A. H., rubject to coll of the Mayor. ATTEST: CITY CLERK REGULAR MEETING OF THE CITY COUNCIL: APROD Jom millea. MAYOR Aurtin, Texas, October 22, 1942 The City Council convened in regular session, at the regular meeting place in the Council Chamber At the Municipal Bullding, on Thursday, October 22, 1942, at 10:30 A. 1., with Mayor Tom Miller presiding. Roll coll shoved the following members presents Councilmon Alford, Bertholomew, Gillis, Mayor Miller, and Councilman Volf: shoont, none, There were present also: Walter E. Seaholm, Acting City Manager; Gibson R. Randlo, Acting City Attorney; J. E. Mothernl, City Engineer; ond R. D. Thorp, Chief of Polico. The Kinuten of the regular mooting of October 15, 1942, vore rond, and upon motion of Councilman Alford, vere edopted as rond by the following vote: "nyes," Councilmon Alford, Bertholomew, Gillim, Mayor Miller, and Councilmon Wolf; "nays," none. D. B. Johnson, representing the Junior Chamber of Commerce, mabmitted a request for ansistonco in its annual compaign for eradication of rots by having leaflets printed for miling out with water and light bills, colling attention to such erodication compaign and advising method of securing poison for me. The matter wor referred to the Acting City Kommer for compliance with said request, after consulting with said D. b. Johnson די to proper wording of leaflets. The coplication of Jess George Varmen, 1003 Vest 11th Street, for toxiccb driver's permit, approved by the Acting City Manarer, war submitted. Councilmen Bartiolomew moved that the applicetion be granted. The motion prevailed by the following vote: "nyes," Councilmen Alford, Bartholomew, Gillis, Mayor Miller, and Councilman Wolf; "nays," none. The application of Joyce Willinn Baker, 324 West 6th Street, for a toxicob driver's permit, approved by the Acting City Monizer, was submitted. Councilmon Bartholomew moved that the application be 67