240 REGULAR MEETING OF THE CITY COUNCIL: Austin, Texnв, July 15, 1943 The City Council convened in Regular Session, at the regular meeting place in the Council Chamber at the Municipal Building, on Thursday, July 15, 1943, at 10:45 A. li., with Mayor Tom Miller presiding. Roll call showed the following members presents Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; absent, Councilman Wolf. There were present alsot Waltor E. Seaholm, Acting City Manager; J. E. Mothernl, City Engineer; J. M. Patterson, Jr., Acting City Attorney; and R. D. Thorp, Chief of Police, The minutes of the Regular Meeting of July 7, 1943, were read, and upon motion of Councilman Alford, were adopted is read by the following vote: "ayer," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. The application of Clyde Montgomery, 300 Congress Avenue, for a license to operate as a taxicab a door Chevrolet Sedan, 1941 Model, State License No.K99-204, Motor No, AA-873925, recommended for approval by the Acting City Manager et al., was submitted. Councilman Alford moved that the license be granted, nubject to cancellation of Taxicab License No. 9 heretofore issued to Frank Sconci, in accordance with the written request of anid Frank Sconci for cancellation of name. The motion carried by the following votes "ayes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. The application of Mrs. Walter Les Carter, colored, 1021 East 11th Street, for a license to operate as a taxicab a 1940 Model Hudson automobile, Motor No. 4173208, State License for 1942, N26086, for 1943, FD1815, recommended for approval by the Acting City Manager et al., was submitted. Councilman Alford moved that the license be granted to replace Taxicab License No. 49 heretomore issued to Walter Lee Carter, colored, now deceased. The motion carried by the following vote: "ayer," Councilmen Alford, Bartholomew, 01111s, and Mayor Miller; "nays," none; Councilman Wolf absent. The application of Eugene Dremond Maya, Jr., 1601 East 7th Street, for a taxicab driver's permit. recommended for approval by the Acting City Manager et al., was submitted. Councilman Gillis moved that the permit be granted. The motion carried by the following vote: "ayes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. The application of James Arthur Smith, 1702 Singleton Avenue, for a taxicab driver's permit, recommended for approval by the Acting City Manager et al., was submitted. Councilman Gillis moved that the permit be granted. The motion carried by the following vote: "ayas," Councilmen Alford, Bartholomew, Gillin, and Mayor Miller; "nays," none; Councilman Wolf absent. The following resolution was introduced by Councilmen 71111日: (RESOLUTION) WHERFAS, J. F. Johnson is the Contractor for the repair of a building located at 710-12 Congress Avenue, and desiren a portion of the sidewalk and street space abutting Lot D, Block 83 of the Original City of Austin, Travis County, Texas, during the ropair of the building, such apace 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 hereinabove enumerated be granted to said J. F. Johnson, 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 an easterly direction and at right angles with the centerline of Congress Avenue to a point 6 feet east of the went curb line to a point; thence in a southerly direction and parallel with the centerline of Congress Avenue approximately 42 feet to a point; thence in a westerly direction and at right angles with the centerline of Congress Avenue to the southeast corner of the above described property. 2 241 2. That the above priviloges and allotment of space are granted to the said J. F. Johnson, heroinafter termed "Contractor," upon the following exprons terma and conditionst (1) That the Contractor shall construct a guard rail within the boundary line along the north, ennt, and south lines of the above described space, such guard rail to be at least 4 feet high and substantially braced and anchored. (2) That no vehicles in loading or unlonding material at the working space shall park on any part of the street outside of the allotted working space. (3) That "No Parking" signs shall be placed on the street ride of the barricades. (4) That the Contractor shall in no way obstruct any fire pluge or other public utilities in the construction of such barricades. (5) That provisions shall be made for the normal flow of all storm watere in the gutter, and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (6) That the Contractor shall place on the outside corners of any walkway, barricades or obstre tions, red lights during all periods of darkness and provide lighting system for all tunnels. (7) That the Contractor shall remove all fences, barricades, loose materials, and other obstructlons 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 barricades, sidewalk, materials, equipment, and other obstructions shall be removed not later than August 1, 1943, (8) 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 barriors or safeguards if the conditions demand it. (9) That the use and enjoyment of the spaces herein granted shall not be exclusive 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 purposes. (10) 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 еxрепве. (11) That the Contractor shall furnish the City of Austin a surety bond in the sum of Five Thousand Dollarn ($5000.00), which nhall protect, indemnify, and hold harmlone the City of Austin from any claims for damages to any person or property that may nccrue 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 gwarantee the replacement of all sidewalka, pavement, and all other public property and public utilities disturbed or removed during the construction work, and shall further rantee 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 votes "yes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "anys," none; Councilmen Wolf ahnent. Councilman Alford offered the following resolution: (RESOLUTION) WHEREAS, W. A. Brooks is the Contractor for the alteration of a building; locat ed at 605 San Jacinto Street, and desires a portion of the alley space on Lot K, Block 67, of the Original City of Austin, Travis County, Texes, 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 hereinabove enumerated be crented to cold W. A. Brooks, the boundary 242 d of which is described as followet ALLEY WORKING SPACH BEGINNING at the northwest corner of the above described property and thence in northerly direction and at right angles to the centerline of the alley: thence in an easterly direction and parallel with the centerline of snid alley approximately 40 fect to point; thence inn southerly direction to the northeast corner of the above described property. 2. That the above privileges and allotment of space are granted to the said W. A. Brooks, hereinafter termed "Contractor," upon the following express terms and conditionss (1) That the Contractor shall construct a guard rail within the boundary line along the north, west, and enst lines of the above described space, such guard rail to be at least 4 feet high and substantially braced and anchored. (2) That "No Parking" signs shall be placed on the alley side of the barriendos. (3) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (4) That provisions ahll 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. (5) 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. (6) That the Contractor shall remove all fences, barrionden, 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 inter than August 14, 1943. (7) 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. (8) That the use and enjoyment of the spaces herein granted shall not be exclusive 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 purposes. (9) 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. (10) That the Contractor shall furnish the City of Austin a surety bond in the sum of One Thousand Dollars ($1,000.00), which shall protect, indemnify, and hold harmlene the City of Austin from any claims for domngen to any person or property that may accrue to or be brought by any porcon by ronson of the oxercise or abuse of the privileges granted the Contractor by the City of Austin, and shall cuarantee the replacement of all sidewalks, pavement, and all other public property and public utilities disturbed or removed during the construction work, and shall further quaranteo the construction of a walkway and other anfeguards during the occupancy of the space. Upon motion of Councilman Alford, the foregoing resolution war adopted by the following vote: "ayes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. Councilman Bartholomew offered the following resolution: (RESOLUTION) HE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves the erection of a private boat dock on the property lensed by Marion Fowler ne described in the Travis County Deed Records and known part of the Walsh Estate, on the shore of Lake Austin, and horoby authorizes the said Marion Fowler to construct, maintain, and operate this private bont dock subject to came's being constructed in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations; and the Building Inspector is hereby authorized to inmue an occupancy permit for the erection of this private boat dock after full compliance with all the provisions of this resolution. Said permission shall be held to be granted and accepted subject to all necessary, rennonable, and proper, present and future regulations and ordinances of the City of Austin, Texas, in the enforcement of the proper police, fire, and health regulations, and the right of revocation is retained if, after hoaring, it is found by the City Council that the said Marion Fowlor has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations, and ordinances. (RECOMMENDATIONS ATTACHED) "Austin, TexLE June 15, 1943 Mr. Waltor E. Sosholm Acting City Manager Austin, Texля Dear Sir: I, the undersigned, have reviewed the plans and have considered the application of Marion Fowler, lessee of a piece of property abutting Lake Austin, known as part of the Walsh Estate, and listed in the Travis County Deed Records, for permission to construct an addition and maintain a private boat dock projecting out into Lake Austin approximately 50 feet. : I recommend that Marion Fowler be granted permission to construct an addition and maintain a private boat dock subject to the following; conditions: (1) That nothing but creosoted or cedar piles and heavy iron bolts be used in the construction of this pior, dock or wharf. (2) That no business, such as a restaurant, dance hall, concession stand, or any other enterprise for the anle of goods, wares, and merchandise, except marine supplien and tackle, and no living quarters of any character, shall be erected on any pior, dock, wharf, float, island, piling, or other structure extending into or above Lake Austin. (3) That no structure shall extend into Lake Austin more than fifty (50) feet beyond normal high water or more than one-third the distance from shore to shore at point where structure is located. (4) That every structure shall be equipped with proper lights which show all around the horizon for night use, and shall be equipped with flags or other warnings for daylight use. Rospectfully submitted, (Sgd) J. C. Eckert Building Inspector. 11 Upon motion of Councilman Bartholomew, the fororoine resolution was adopted by the following vote: "nyen," Councilmen Alford, Bartholomew, Gillis, and Enyor Miller; "nays," none; Councilman Wolf absent. The written application of John W. Stayton for a change in the zoning of the property at 609 Frazon Street from "0-Commercial" District to "C-?- Commercial" District was received. Mayor Hillor moved that the matter be referred to the Board of Adjustment for consideration and recommendation; and thet a public hearing on tame be called for August 5. The motion carried by the following vote: "nyor," Councilmen Alford, Bartholomew, Gilli, and Nayor Miller; "nays," none; Councilman Wolf whsent. The following applications for licenses to operate private boats, recommended for aporoval by the Lake Austin Navigation Board, were submitted: 243 244 Name and Address of Applicant Arnhamn, F. R. Forrest, Hrs. Floyd M. 907 W. 22nd Street Gaston, Billy Dick 3200 Hemphill Street Groathouse, E. M. 1215 Newton Street Mitchell, Albert 1809 Ниесев Street Pirie, Mrs. J. E., Jr.-3200 Guadalupe Strect Quinn, Reed 2807 Salado Street Stephens, J.C. 3515 Bonnie Road Description of Boat Thomson, Outboard, 1.940 Model, V-Bottom, venrude, 3-paeren- per Thomson, Row Boat, New, 2-равsen- fer Home-mode, Outboard, 1940 Model, Hydroplano, Johnson, 2-parren- Home-made, Outboard, Skiff, 1943 Model, Sea King, 4-passenger Factory-built, Assembled by Ap- plicant, Kayak, 1943 Model, Paddle Boat, "Surd", 1-pas- enger Owner-built, Outboard, Canvas, 1940 Model, "Water Witch", Sonrs-Roebuck, 2-passenger Home-built, 1-Class M.Racing Hydroplane, 1939 Model, Evenrude, 1-passenger Century, Inboard, Open Launch, 1939 Model, 6-passenger Councilman Bartholomew moved that the licenses be granted. The motion carried by the following vote: "ayes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. Councilman Bartholomew offered the following resolutions (RESOLUTION) WHEREAS, by Minute No. 20006 of the State Highway Commission, dated June 9, 1943, a copy of which is attached hereto and made a part for all intents and purposes, the Texan Highway Commission sets out certain responsibilities and duties to be performed by the Texas Highway Commission and the City of Austin pertaining to the highway development in the vicinity of the City of Austin; WHEREAS, it would be to the benefit of the City of Austin to accept the duties and responsibilities of the State Highway Commission as set forth in said Order No. 20006 and beneficial to the City of Austin to accept the duties and responsibilities of the City of Austin as set forth in Minute Order No. 20006; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the duties and responsibilities of the City of Austin, as set forth in said Minute Order No. 20006, are hereby acknowledged and accepted, and the City Manager, or in his absence the Acting City Manager, be, and he is heroby, authorized to proceed immodintoly and diligently with right of way procurement on Project No. 1, an set forth in said Minute Order No. 20006, and is further authorined to carry out the other torms, conditions, and obligations of the City of Austin as set forth in anid Minute Order No. 20006. (MINUTE ORDER ATTACHED) "Minute llo, 20006 June 9, 1943 In TRAVIS COUNTY, as a matter of establishing mutunlly with the City of Austin the initial Feneral phaser of highway development in the vicinity of Austin between U.S. Highway No. 81 on the north and U. S. Highway No. 290 on the ernt, giving proportionate weight to intra-city and inter-city traffic, previous authority for construction is reiterated and new authority for construction is stated as follows, these being common increments of various plans for the further future traffic development within this area. 1. Construction of grading, drainage structures, surfacing, and railroad grade separation is nuthorized, extending from a connection with U.S. Highway No. 81 north of Austin near its crossing of the Llano branch of the T. & H. C. Anilroad, thence generally in a direct line to Montopolis Bridge, passing south of and adjacent to the Municipal Airport. 2. Construction of grading, drainage structures, and surfacing is authorized for a connection from the proposed route described under No. 1 above, ot or noar the Municipal Airport, southorly to a connection with or along East Avenue, to a point at or north of Nineteenth Street. 3. Construction of grading, drainage structures, murfacing, and grade separation is authorized for a connection from the proposed route described under No. 1 above, at or near Montopolis Bridge, thence in a westerly direction across the railrond to a connection with existing enst-went street facilities nt or near the crossing of Chicon Street. It in agreed in general that the Texas Highway Department will provide for the cost of grading, transverse drainage within the right of way, grade separations, pavement, sidewalks, curbs and gutters, as may be necessary. The State Highway Department will provide for maintenance of such portions of these projects as may lie outside the city limits of Austin. The City of Austin, insofar as the length within the City of Austin is concerned on 11 three projects, agrees to provide all necessary right of way, clear of obstructions, and for the construction of such parallel underground drainage facilities as may be needed, as well ne tranverso drainage facilities outside of the right of way, and for utility adjustments, lighting, traffic control, and all other work behind the curb lines, all as necessary for a completed traffic facility, with the exception of the items of construction specifically hereinbefore mnade the responsibility of the State. The City of Austin will indemnify the State during and after construction against any and A11 11Ability or damage occasioned by or growing out of construction to be performed by the Texne Highway Department, and will provide for maintenance of that portion of these projects lying within the corporate limits of the City of Austin. It is generally understood that Project No. 1 identified above will be completed at this time insofar as the necessary permissive authority may be obtained from the Federal Govern.. ment, the balance thereof and projects numbered 2 and 3 shove will be included in the first increment of work to be undertaken in the post war period, and the State Highway Engineer 18 authorized to complete the preparation of P.S. & E. for this work as soon as the availability of personnel will permit. This order of the Toxns Highway Commission is conditioned upon an acceptance passed officially by the governing body of the City of Austin, acknowledging and accepting the re- sponsibility herein delegated to the City of Austin and agreeing to proceed immediately and diligently with right of way procurement on Project No. 1. ************** I, Helen Leonard, Chiof Minute Clerk of the Texas Highway Department, do horchy certify that the above and foregoing is a true and correct copy of Minute No. 20006, dated June 9, 1943, as the same appears of record in the records of Official Minutes of the State Highwny Commission of Texas. Witness my hand and official seal this 10th day of June, 1943. (SHAL) (Spd) Holen Leonard. Upon motion of Councilmen Bartholomew, the foregoing resolution was adopted by the following vote: "ayes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller, "nays," none; Councilman Wolf absent. The following resolution was submitted: (RESOLUTION) WHEREAS, City of Austin taxes were assessed in the name of Villic Moe Brown, for the years 1939, 1940, 1941, and 1.942, on Lot 11, Block 24, Travis Heights, in the City of Austin, Travin County, Texas, anid toyes being for the sum of $172.69, and for non-payment of anme at anturity, ponalty in the sum of $8.63 has been namessed, and interest in the sum of $18.64 han neorund, moking the total amount of taxes, ponalty and interost $199.96; ind WHEREAS, the City Council of the City of Austin leome it hurt and couitable to remit amid penalty in the sun of $8.63 and one-half of the interest in the mun of $9.32; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the aforesaid penalty in the sum of $8.63 and one-half of the interest in the sun of $9.32 are hereby remitted, and the Tax Assessor and Collector of the City of Austin is authorized and directed to charge said penalty in the sun of $8.63 and one-half of the interest in the sum of $9.3? off his rolls and to issue to the party entitled to receive same a receipt in full upon the payment of said taxes and one-half of the interest, as aforesrid. Upon motion, the foregoing resolution was adopted by the following vote: "ayes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. 245 246 The following resolution was submittedi (RESOLUTION) WHEREAS, City of Austin taxen were assessed in the name of John A. Jackson for the years 1932 through 1942 on merchandise, furniture and fixtures located in the City of Austin, Travis County, Texas, said taxes being for the sum of $1248.11, and for non-payment of name at maturity, penalty in the sum of $62.40 has been assessed, and interest in the sum of $506.30 has accrued, making the total amount of taxes, ponalty and interest $1816.81; and WHEREAS, the City Council of the City of Austin deems it just and equitable to remit said penalty in the sum of $62.40 and a portion of the interest in the sum of $406.30; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN; THAT the aforesaid penalty in the sum of $62.40 and a portion of the interest in the sum of $406.30 are hereby remitted, and the Tax Assessor and Collector of the City of Austin is authorized and directed to charge said penalty in the sum of $62.40 and a portion of the interest in the sun of $406.30 off his rolls and to issue to the party entitled to receive same a receipt in full upon the payment of said taxes and the balance of the interent, ne aforesaid. Upon motion, the foregoing resolution was adopted by the following vote: "ayes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller; "nays," none; Councilman Wolf absent. The following resolution was submitted: (RESOLUTION) WHEREAS, City of Austin taxes were negessed in the name of Mrs. Thelma Childrens Hall for the years 1929 through 1933 and 1937 through 1942, on Lots 8, 9, 10, and 11, in Block F, Outlot 71, Division "C", in the City of Austin, Travis County, Texas, and on personal property (automobiles) for the years 1934, 1935, and 1937 through 1942, said toxen being for the sum of $177.47, and for non-payment of anme at maturity, penalty in the sun of $8.87 has been assessed, and interest in the sum of $65.81 has accrued, making the total amount of taxes, penalty and interest $252.15; and WHEREAS, the City Council of the City of Austin deems it just and equitable to remit said penalty in the sum of $8.87 and one-half of the interent in the sum of $32.90; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the aforesaid penalty in the sum of $8.87 and one-half of the interest in the sun of $32.90 are hereby remitted, and the Tax Assessor and Collector of the City of Austin is authorized and directed to charge anid penalty in the sum of $8.87 and one-half of the interest in the mמענ of $32.90 off his rolls and to issue to the party entitled to receive same a recoipt in full upon the payment of said taxes and ono-half of the interest, an aforoanid. Upon motion, the foregoing resolution vas adopted by the following vote: "eyes," Councilmen Alford, Bartholomew, Gillis, and Mayor Miller: "noy"," none; Councilmen Wolf abnent. Upon motion, seconded and carried, the meeting was recogred at 11:30 A. ., subject to co11 of the Miyor. ATTEST: CITY CLERK APPROVED, Jom Milla. MAYOR