CITY OF AUSTIN, TEXAS 322 MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting April 05, 1945 11:00 Α.Μ. Council Chamber, City Hall The meeting was called to order, with Mayor Miller presiding. Roll call Present: Absent : - Councilmen Alford, Bartholomew, Gillis, Mayor Miller Councilman Wolf 1 4 Present also: Walter E. Seaholm, Acting City Manager; J. E. Motheral, City Engineer; W. T. Williams, City Attorney; and R. D. Thorp, Chief of Police. The minutes of the Regular Meeting of March 29, 1945, were read, and on motion of Councilman Alford, were adopted as read by the following vote: Councilmen Alford, Bartholomew, Gillis, Mayor Miller None Absent: Councilman Wolf Ayes : Моев: Mayor Miller offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Councilmen Alford and Bartholomew be, and they are hereby, appointed as a committee to canvass the returns of the election held in the City of Austin, Texas, on April 2, 1945, and they are hereby instructed to report to the City Council the result of such canvass. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf Following such canvass of returns, Councilman Bartholomew then offered the following resolution, and moved its adoption: (RESOLUTION) 37 CITY OF AUSTIN, TEXAS 323 WHEREAS, by virtue of an election held in the City of Austin, Texas, on the 2nd day of April, 1945, for the purpose of electing five Councilmen, the official returns from the election officials certify and show, and thereafter a canvass of said returns by the Committee appointed by the City Council to canvass said returns also show, there were cast at said election a total of 3051 votes; and WHEREAS, said returns, and the canvass thereof, also show that the following named persons severally received the total votes set opposite their names, respectively, towit: Chas. F. Alford received 2928 votes E. C. Bartholomew received 2946 votes Simon Gillis received 2920 votes Tom Miller received 2899 votes Oswald Wolf received 2896 votes Adam Johnson received 1 vote 0. B. Burks received 1 vote Walter Seaholm received 1 vote E. A. Hancock received 1 vote Z. T. Scott received 1 vote Claude Voyles received 1 vote C. A. Schutze received 1 vote Ed Clark received 1 vote Nelson Brown received 1 vote Walter Bremond received 1 vote Emmett L. Bauknight received 2 votes Paul Holcomb received 1 vote Mrs. Alfred Taylor received 1 vote D. D. Johnson received 1 vote E. B. Moody received 1 vote Taylor Glass received 1 vote Total vote cast at election - 3051; and WHEREAS, it appears that Chas. F. Alford, E. C. Bartholomew, 324 CITY OF AUSTIN, TEXAS 324 Simon Gillis, Tom Miller and Oswald G. Wolf have received the highest number of votes cast for Councilmen at said election; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT in accordance with said returns, as received and canvassed, the following named persons are hereby declared duly elected and authorized to qualify for the positions of Councilmen for the City of Austin, for the term of two years, beginning May 1, 1945: CHAS. F. ALFORD, E.C.BARTHOLOMEW, SIMON GILLIS, TOM MILLER and OSWALD G. WOLF. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf Councilman Bartholomew then offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on the 18th day of January, 1945, a Resolution was duly passed by the City Council of the City of Austin, Texas, giving notice of its intention to pass an ordinance providing for the submission to the qualified voters of the City of Austin, Texas, at an election to be held for such purpose six certain amendments to the existing Charter of said City of Austin; and WHEREAS, in accordance with law, notice of intention to submit such propositions at such election was given by publication in the Austin American and Austin Statesman, newspapers of general circulation published in said City of Austin, which notice was published in said newspapers consecutively for ten days from January 24, 1945 to February 2, 1945, both inclusive, the first of said publications being at least twenty days before the passage of said ordinance; and WHEREAS, under and by virtue of the terms of the certain ordinance passed by the City Council, and approved by the Mayor of said City, on the 15th day of February, 1945, a regular election was held in said City, according to law, on the 2nd day of April, 1945, for the purpose of the adoption or rejection by the qualified voters of said City of said proposed amendments to the existing Charter of the City of Austin, Texas; and WHEREAS, upon due consideration of said election, it appears and it is found that due and legal notice thereof has been given, and further upon consideration of the returns of said election, it appears and it is found that the votes cast at said election have been duly counted and the returns thereof legally made, and the City Council having counted and canvassed said returns, it appears therefrom that there were cast in said election Three Thousand and Fifty-one (3051) votes, of which number there were cast for and against each of said propositions proposing said amendments the following: FOR Proposition No. 1 AGAINST Proposition No. 1 ....... ------ MAJORITY FOR Proposition No. 1 ....... 2596 votes 256 votes 2340 votes 325 CITY OF AUSTIN, TEXAS 325 FOR Proposition No. 2 ... 2573 votes AGAINST Proposition No. 2 ...... 272 votes MAJORITY FOR Proposition No. 2 ......2301 votes FOR Proposition No. 3 ......2588 votes AGAINST Proposition No. 3 ...... 255 votes MAJORITY FOR Proposition No. 3 ......2333 votes FOR Proposition No. 4 ......2413 votes AGAINST Proposition No. 4 492 votes MAJORITY FOR Proposition No. 4 ......1921 votes ...... FOR Proposition No. 5 ......2623 votes AGAINST Proposition No. 5 ...... 254 votes MAJORITY FOR Proposition No. 5 ......2369 votes FOR Proposition No. 6 ......2626 votes AGAINST Proposition No. 6 ...... 179 votes MAJORITY FOR Proposition No. 6 ......2447 votes And it appearing to the City Council from the returns of said election, after the canvass thereof as tabulated and set out above, that a majority of the qualified voters at said election have voted in favor of each of the six amendments to the City Charter of the City of Austin, Texas, therein contained, and that all of the propositions proposing said amendments were approved and adopted at said election; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT the six said propositions to adopt the amendments proposed at said election were sustained, and that at such election said amendments were approved and adopted by a majority of the qualified voters of said City voting at said election, and that the Charter Amendments thereby becamse and are now hereby recognized and declared to be a part of the City Charter of the City of Austin, Texas, and it is so ordered. 2. THAT the Mayor and the City Manager be, and they are hereby directed to certify to the Secretary of State of the State of Texas, an authenti- cated copy of each of the six said amendments, under the seal of the City of Austin, showing the approval of and adoption by the qualified voters at said election of said amendments, and that the Secretary of State be requested to file and record the same in a separate book to be kept in his office for such purpose. 3. THAT the City Clerk be, and she is hereby directed to record at length upon the records of the City of Austin, Texas, in a separate book to be kept for such purpose, the six said amendments so adopted. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Ayes : Noes : None Absent: Councilman Wolf The application of CARL EDWARD VANLANDINGHAM, 707 Deep Eddy Avenue, for a taxicab driver's permit, duly approved by the Acting City Manager, 3 CITY OF AUSTIN, TEXAS 326 was submitted. Councilman Alford moved that the permit be granted. The motion prevailed by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf The application of VERNON WILLIAMS, 2945 East 14th Street, for a taxicab driver's permit, duly approved by the Acting City Manager, was submitted. Councilman Alford moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf The application of SGT. KENNETH A. CONANT, Bergstrom Field, for a taxicab driver's permit, duly approved by the Acting City Manager, was submitted. Councilman Alford moved that the permit be granted. The motion carried by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf The application of S/SGT JOHN R. HOUGH, Bergstrom Field, for a taxicab driver's permit, duly approved by the Acting City Manager, was submitted. Councilman Alford moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf Acting City Manager Seaholm submitted a request in writing from the Texas and Southwestern Cattle Raisers Association, asking that a charge of three cents (34) per head for brand inspection be made on all cattle coming to the City Abattoir direct, and that remittance be made monthly to the Association for whatever amount is collected. Councilman Gillis moved that the request be granted, and that the Acting City Manager be instructed to include said charge of three cents (34) per head in the Abattoir charges, in accordance with said request. The motion carried by the following votes Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf Councilman Bartholomew offered the following resolution, and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Walter E. Seaholm, City Manager of the City of Austin, be, and he is hereby authorized and directed to execute a Special Warranty Deed to Ed. R. Stamnitz and his wife, Ollie Mae Stamnitz, for Lots Numbers 13 and 14, Block No. 5, Glenridge Addition to the City of Austin, the said 321 CITY OF AUSTIN, TEXAS 327 Ed R. Stamnitz and his wife, Ollie Mae Stamnitz, having paid the consider ation for the said Lots as set out in their contract to purchase the same from the City of Austin. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf The Acting City Manager was instructed to have a list of delinquent personal property taxes prepared for study by the Council. Councilman Gillis offered the following resolution, and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Walter E. Seaholm, City Manager of the City of Austin, be, and he is hereby, authorized and directed to enter into a contract with J. T. Hough to purchase Lots 11 and 12, being the Northwest One-fourth of Outlot 25, Division "0", Jones Addition to the City of Austin, located at 2205-2207 East 2 Street, for the sum of $350.00, payable in monthly installments of $25.00 each, with interest on deferred payments at the rate of 6% per annum; upon receipt of which the City of Austin will convey its title to said property to the said J. T. Hough. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Ayes : Noes : None Absent: Councilman Wolf Councilman Bartholomew offered the following resolution, and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Walter E. Seaholm, City Manager of the City of Austin, be, and he is hereby authorized and directed to enter into a contract with U. L. Edwards to purchase Lots 8 and 9, Block 1, Barton Springs Park, for the sum of $650.00, payable $50.00 in cash and the balance in monthly installments of $15.00 each, with interest on deferred payments at 6% per annum; upon receipt of which the City of Austin will convey its title to said property to the said U. L. Edwards. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf 348 CITY OF AUSTIN, TEXAS Councilman Gillis introduced the following ordinances AN ORDINANCE AMENDING AN ORDINANCE PASSED APRIL 5, 1934, AS AMENDED ON APRIL 2, 1936, AND AS FURTHER AMEND ED ON JUNE 4, 1936, AND AGAIN AMEND- ED ON APRIL 7, 1938, AND AGAIN AMEND ED ON MARCH 30, 1939, ENTITLED "AN ORDINANCE DECLARING WHEN TAXES DUE THE CITY OF AUSTIN SHALL BECOME DELINQUENT, " PROVIDING THAT SAME SHALL THEREAFTER BEAR INTEREST, ASSESSING A PENALTY FOR DEFAULT, AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE. 328 The ordinance was read the first time and Councilman Gillis moved that the rule be suspended and the ordinance be passed to its second reading. The motion carried by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf The ordinance was read the second time and Councilman Gillis moved that the rule be further suspended and the ordinance be passed to its third reading. The motion carried by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf The ordinance was read the third time and Councilman Gillis moved that the ordinance be finally passed. The motion carried by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf Mayor Miller then announced that the ordinance had been finally passed. Councilman Gillis offered the following resolution: (RESOLUTION) WHEREAS, the City of Austin taxes for the years 1935, 1936, 1937, 1939, 1940, 1941, and 1943 were assessed in the name of Clifton T. Sansom on personal property, and for 1943 on Lot 18, Block 3, Ridgetop Annex, Outlot 16, Division C and North of Lot 5, Oakvale, in the City of Austin, Travis County, Texas, said taxes for said years being in the amount of $72.29, and for non-payment of same at maturity, penalty in the sum of $3.61 has been assessed, and interest in the amount of $11.10 has accrued, making the total amount of taxes, penalty and interest due $87.00; and WHEREAS, the City Council of the City of Austin deems it just and equitable to remit said penalty in the sum of $3.61 and one-half of the interest in the sum of $5.55; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the aforesaid penalty in the sum of $3.61 and one-half of the CITY OF AUSTIN, TEXAS 329 interest in the sum of $5.55 are hereby remitted, and the Tax Assessor and Collector of the City of Austin is hereby authorized and directed to charge said penalty in the sum of $3.61 and said interest in the sum of $5.55 off his rolls and to issue to the party entitled to receive same a receipt in full upon the payment of the aforesaid taxes and one-half of the interest as aforesaid. Upon motion, the resolution was adopted by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf Councilman Alford offered the following resolution: (RESOLUTION) WHEREAS, the City of Austin taxes for the years 1927, 1930, 1931, 1932, 1933, 1934, and 1935 were assessed in the name of W. J. Koen on personal property in Travis County, Texas, said taxes for said years being in the amount of #37.68, and for non-payment of same at maturity, penalty in the sum of $1.89 has been assessed, and interest in the amount of $29.35 has accrued, making the total amount of taxes, penalties and interest due $68.92; and WHEREAS, the City Council of the City of Austin deems it just and equitable to remit said penalty in the sum of $1.89, and said interest in the sum of $29.35; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the aforesaid penalty in the sum of $1.89 and interest in the sum of $29.35 are hereby remitted, and the Tax Assessor and Collector of the City of Austin is hereby authorized and directed to charge said penalty in the sum of $1.89 and said interest in the sum of $29.35 off his rolls and to issue to the party entitled to receive same a receipt in full upon the payment of the aforesaid taxes and interest. Upon motion, the resolution was adopted by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf Councilman Gillis offered the following resolution: (RESOLUTION) WHEREAS, the City of Austin taxes for the year 1938 on a Dodge and for the years 1938, 1940, 1941, 1943, and 1944 on the North 50'x150 of Lot 11, Outlot 6, 9, Beau Site "C", Plat 67, in the City of Austin, Travis County, Texas, were assessed in the name of Clifton C. Sansom, said taxes for said years being in the amount of $72.42, and for non-payment of same at maturity, penalty in the sum of $2.95 has been assessed, and interest in the amount of $13.33 has accrued, making the total amount of taxes penalty and interest due $88.70; and WHEREAS, the City Council of the City of Austin deems it just and equitable to remit said penalty in the sum of $2.95 and one-half of the 33 CITY OF AUSTIN, TEXAS 330 interest in the sum of $6.66; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the aforesaid penalty in the sum of $2.95 and one-half of the interest in the sum of $6.66 are hereby remitted, and the Tax Assessor and Collector of the City of Austin is hereby authorized and directed to charge said penalty in the sum of $2.95 and said interest in the sum of $6.66 off his rolls and to issue to the party entitled to receive same a receipt in full upon the payment of the aforesaid taxes and one-half of the interest as aforesaid. Upon motion, the resolution was adopted by the following vote: Ayes : Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf There being no further business, upon motion, seconded and carried, the meeting was recessed at 11:40 A. M., subject to call of the Mayor. ATTEST: CITY CLERK Appa Jom Milla. APPROVED MAYOR