488 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting September 13,1945 10:45 Α.Μ. Council Chamber, City Hall 488 The meeting was called to order, with Mayor Miller presiding. Roll call Present: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Absent : Councilman Wolf 1 14 Present also: Guiton Morgan, 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 September 6, 1945, were read, and on motion of Councilman Alford were adopted as read by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf A group of property owners on Kent Lane came before the Council and complained of an intolerable drainage condition on said street. After some dis- cussion, the City Attorney was instructed to proceed with the matter of securing an easement for a storm sewer through the property of Dr. C. B. Lynn in order to remedy the situation. A committee of women representing the residents in the 1600 block of East First Street came before the Council and complained of the noise and insanitary conditions created by carnivals on adjoining property. Complaintants were advised that the owner of the property in question had given assurance that no further permits for carnivals at this location would be granted by her following the one for which permit had already been given. The application of HAROLD BUTLER, 1504 West 9th Street, for a taxicab driver's permit, duly approved by the 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 489 CITY OF AUSTIN, TEXAS 489 The application of JAMES T. VOTAW, 2000 South 5th Street, for a taxicab driver's permit, duly approved by the 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 Councilman Alford moved that the quota for taxicabs be raised to one hundred and forty (140). The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes : None Absent: Councilman Wolf The application of F. L. MILLER, 307 West 6th Street, for a license to operate as a taxicab a 1938 Model, 4-door Plymouth Sedan, Factory No.P6-141384, State License No. FS-6509, duly approved by the City Manager, was submitted. Councilman Gillis moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf FREDERICK EBY, JR., came before the Council and requested an extension of 38th Street approximately one hundred and eighty-two (182) feet to Tankawa Trail, in order to allow access to Tankawa Bluff Addition, which he is promoting. The matter was referred to the City Manager and the City Engineer for investigation as to the City's responsibility, the cost of such extension,etc., and report to the Council at the next regular meeting. DR. ELIZABETH PATERSON, 2508 San Gabriel Street, came before the Council on behalf of herself and neighbors and protested against the proposed location of a horse lot in an "A" Residence District off 25 Street at San Gabriel Street, for the purpose of keeping five horses, a petition by said residents protesting the matter to be submitted later. The matter was taken under advisement. The following report of the Board of Adjustment on the application for a change in zoning of the property of the Courthouse Cafe at 1007 Guadalupe Street, was received: "Austin, Texas September 13,1945 Honorable Mayor and City Council Austin, Texas Gentlemen: The following is a copy of a resolution which was passed by the Board of Adjustment at a meeting on September 11, 1945: RESOLUTION WHEREAS, the City Council of the City of Austin, pursuant to the terms 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 W.K.Jennings, Jr., 490 = CITY OF AUSTIN, TEXAS = 490 requesting a change in the USE designation of the following property: At 1007 Guadalupe Street, occupied by the Courthouse Cafe, extending to the alley north of 10th Street, from "C" Commercial and Third Height and Area District to "C-1" Commercial and Third Height and Area District; and WHEREAS, the Board held a hearing on this application on September 11,1945 at which hearing no protests were entered against this change; and WHEREAS, the operators of the present cafe appeared and affirmed that the cafe would be open only during the day time from 8:00 A. M to 7:00 P. M., and that this application was requested because of the constant demand by the public and occupants of the Courthouse for beer in connection with meals served in the cafe; and WHEREAS, this cafe originally served beer when established, but the license lapsed and was not renewed by subsequent operators; and WHEREAS, the Board of Adjustment finds there is a definite public demand for the serving of beer in connection with meals in this cafe, and that the request for the change covers the frontage of one-half block on Guadalupe Street to a depth of about one-half of the block, and that the serving of beer under the conditions stated would not be objectionable to the neighborhood; and further, since no protests are entered against this change, the Board deems that this change would be desirable; therefore, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT: THAT the change of this property, as requested, be recommended to the City Council. Respectfully submitted, BOARD OF ADJUSTMENT By (Sgd) H. F. Kuehne Chairman. # Councilman Alford moved that a public hearing on the change in zoning as recommended in the foregoing report of the Board of Adjustment be called for October 4, at 11:00 A. M. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf The following report of the Board of Adjustment on the application of L. L. Huie for a change in zoning of the property at the corner of Goodrich Avenue and Fredericksburg Road was received: Mr. Guiton Morgan City Manager Austin, Texas Dear Sir: "Austin, Texas September 12, 1945 491 CITY OF AUSTIN, TEXAS 491 At a meeting held on September 11, 1945, the Board of Adjustment considered the attached application of Mr. L. L. Huie for the extension of the "C" Commercial District to include all of his property located at the corner of Goodrich Avenue and Fredericksburg Road as indicated on the attached plat, which you referred to the Zoning Board of Adjustment on September 10, 1945, for recommendation for the City Council. The Board carefully considered this application and recommends to the City Council the granting of this application and the passage of the necessary ordinance to effectuate the same. The Board's recommendation is based on reasons that the present zoning which places the front portion of his lot in a "C" Commercial District and the rear portion in a Residential District is inconsistent and unreasonable and not in accord with sound zoning principles and creates an unnecessary hardship on the Owner of the property because the residential portion of the lot would be practically unusable for that purpose. The Board feels that the entire lot should be commercial to allow the Owner full benefits of the Zoning in the use of his property. Attention is called to the fact that when the Board of Adjustment recommended the zoning of the Fredericksburg Road as a commercial street, the original boundaries of the District were set out to be the rear lot lines of the lots abutting on the Fredericksburg Road but the Council at that time designated a strip on each side of the Fredericksburg Road 150 feet deep as a commercial zone, regardless of the shape and depth and partition of the existing lots of record abutting on the road. No doubt there will be other requests in the future for extending the Commercial Zone to the rear of the lots as is the case in this application. The Board therefore urges the Council to make this change as requested in this application. Respectfully submitted, (Sgd) H. F. Kuehne Chairman Board of Adjustment. 11 Councilman Alford moved that a public hearing on a change in zoning of the property recommended in the foregoing report of the Board of Adjustment be called for October 4, at 11:00 A. M. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf The question of an amendment to the Zoning Ordinance to provide for the holding of public hearings on proposed amendments fourteen days from the date such hearing is ordered was referred to the City Attorney for legal opinion. ion: Councilman Gillis offered the following resolution and moved its adopt(RESOLUTION) WHEREAS, by an order of sale issued out of the District Court of Travis County, Texas, on December 26, 1898, in Cause No. 16,203, styled City of Austin 49 CITY OF AUSTIN, TEXAS 492 vs. T. M. Harwood, et al, Lot No. 19, in Block 6, in Outlot 54, Division "D", in the City of Austin, was sold to the City of Austin by the Sheriff of Travis County, Texas, in settlement of said judgment; and WHEREAS, it appears to the City Council of the City of Austin that no reconveyance was ever made of said lot to the owners thereof, and that all of the taxes thereon have been paid to the City of Austin since said sale; and WHEREAS, the title to the said lot has passed by regular chain of conveyance to Goodall Wooten, now deceased, so that the Estate of said Wooten is now the owner of the title to said lot; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Guiton Morgan, City Manager of the City of Austin, be, and he is hereby authorized and directed to execute to the said Goodall Wooten, deceased, and his successors in the title to said Lot No. 19, in Block No. 6, in Outlot 54, Division "D", in the City of Austin, to the same extent as such title may now be vested in 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 Mayor called up for its second reading the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED: "AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF AUSTIN; PRE- SCRIBING PENALTIES FOR THE VIOLATION OF SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE WITH; AND DECLARING AN EMERGENCY, " WHICH ORDINANCE WAS PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN ON MAY 6, 1937, AND IS RECORDED IN BOOK "K", PAGES 159-179, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, BY AMEND ING ARTICLE III, SECTION 12(b) OF SAID ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The ordinance was then read the second time and Councilman Bartholomew moved that the rules be 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 then read the third time and Councilman Bartholomew moved that the ordinance be finally passed. The motion carried by the following vote: Ayes : Noes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller None Absent: Councilman Wolf 49 CITY OF AUSTIN, TEXAS 493 Thereupon the Mayor announced that the ordinance had been finally passed. Councilman Gillis offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, a large number of suits have heretofore been filed by the City of Austin to foreclose its tax lien on real estate situated in the City, some of which suits have proceeded to judgment, and in some instances an actual sale was made to the City of Austin by the Sheriff by virtue of such judgments, but no deed was ever executed by the Sheriff to the City and a large number of such suits were abandoned without proceeding to judgment; and WHEREAS, in all such cases the City of Austin is only interested in the collection of its taxes, interest, penalties and costs against such property, the details of which exist in the office of the City Assessor and Collector of Taxes and all other departments of the City government are entirely dependent upon the City Assessor and Collector for such details, and by reason of which it is deemed by the City Council to be proper for the City Assessor and Collector to receive and receipt for such taxes and relieve such real estate from clouds created thereon by reason of such foreclosure suits and judgments; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the Assessor and Collector of Taxes of said City be, and he is hereby, authorized and directed to receive the taxes, interest and penalties owing to the City of Austin on the respective parcels of real estate included in such suits and judgments, and the redemption receipt heretofore and hereaf ter issued for such taxes, interest, penalties and costs shall be sufficient to cancel and release all tax liens and judgment liens and shall also be sufficient to divest out of the City of Austin any title which may have vested by reason of any sale to the City in all cases in which no deed was executed by the Sheriff pursuant to any sale by such Sheriff to the City, so that no further action shall be necessary to restore the respective tracts on which such taxes, interest, penalties and costs have been so paid without further action by the City Council in that regard. 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 Gillis moved to substitute for the Annexation Ordinance introduced at the meeting on August 2, the following amended ordinance: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF NINETEEN HUNDRED ONE (1901) ACRES OF LAND, BEING A PORTION OF THE GEORGE W. SPEAR LEAGUE, THE GEORGE W. DAVIS SURVEY AND THE JAMES P, WALLACE SURVEY WITHIN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN THE PARTICULARS STATED IN THE ORDINANCE. 494 CITY OF AUSTIN, TEXAS 494 Which motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf The foregoing amended ordinance was then read the first time and Councilman Gillis moved that the rules 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 then read the second time and laid over for publication as required by Article I, Section 2a, of the City Charter. Councilman Gillis offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Tax Assessor and Collector be, and he is hereby, ordered and directed to receive the sum of Forty Dollars ($40.00) as settlement in full of personal property taxes assessed against W. R. Armstrong, now deceased for the years 1934-1944, on automobiles owned by the said Armstrong during those years, and that he cancel all such taxes against the said Armstrong and his estate appearing on the tax records of his office. 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 Alford offered the following resolution and moved its adoption: (RESOLUTION: WHEREAS, delinquent taxes on personal property have been paid to the Tax Collector of the City of Austin by the following named parties for the years and in the amounts set opposite the name of each of them, víz: Name Years Amount Collected Martin Ayres 1938-1941 & 1943 $ 6.10 W. P. Chrisman, Sr. 1933,1934,1937,1939, 1942-1944 50.83 Collegiate Beauty Shop 1933-1934 11.68 C. E. Dodgen 1942-1944 10.69 A. L. Dunn G. S. Edwards Mrs. Ida Enders Louis Fabian Guy Fletcher 1940,1941,1943,1944 16.39 1932 4.31 1942-1944 2.65 1939,1930,1942,1943 2.75 1934-1937 9.76 J. W. Flournoy 1932-1935,1940-1942,1943 17.55 Mrs. Fred Fricke 1941,1943,1944 18.25 Mike Garza 1937-1939,1941,1942 4.30 495 CITY OF AUSTIN, TEXAS Name Years Amount Collected Nannie & Margaret Goodman 1931-1941 $ 33.61 Jack Lown 1942 18.51 Carlos Anderson 1941-1944. 30.20 James G. Anderson 1940-1944 6.48 A. A. Bach 1939-1941-1943 .88 Enfield Service Station 1942-1944 32.54 T. F. Etheridge 1936-1944 11.01 William Fischer 1942-1944 9.20 Jim Garcia 1936-1944 8.17 Lorenz Gau 1941-1944 11.96 Paul F. Gest 1938-1944 29.91 A. W. Gonzales 1940-1942 15.85 Rex Hopper Hermengilado Gonzales Earl C. Ives Mary Belle Ritter 1939-1944 19,87 1942 4,08 1933-1936,1939,1942 4.19 1939 7.33 Fred W. Schriber 1940-1944 62.17 Mabel E. Bailey 1942-1944 18.51 A. M. Barclay 1939-1941 10,47 R. C. Barrington 1938 1.74 A. L. Brown 1932,1940,1942,1943 13.38 L.B. Burnette, Sr 1941-1943 23.26 Ben Lee Chote 1944 7.14 L. B. Council 1940-1941 16.67 Nathalie Ekstrom 1942-1944 15.00 E. A. Engelke 1939-1944 42.59 M. B. Federer 1942 8,89 Fred T. Erwin, Sr. 1940-1942 2.94 Lolo V. Gonzales 1941-1944 1.00 Lee Kelley, Jr. 1938 .39 Seekatz Floral Co 1933-1940 64.91 Forest Sneed 1940-1943 7.48 J. M. Kuehne 1944 5.69 Mrs. J. L. Dickson 1938-1944 47.88 E. W. Fues 1940,1942,1943 .51 Annie Mae Gissell Leon Gilmore 1937-1939,1941,1943 30.59 1.940-1942 4.94 Raymond Gonzales 1942-1944 .74 George W. Reid 1936-1944 49.30 E. M. Linder 1943 2.63 Florence Barnes 1936, 1937, 1939, 1941-1944 7.14 J. Lewis Beck 1944 43.24 F. W. Bollman 1931-1936,1937,1940,1944 80.17 Edmon Ellison 1936.1937,1940-1944 3.80 Mrs. E. V. Manning 1938,1939,1940,1941 28.54 University Jewelry Store 1932-1937,1939-1943 123.00 G. W. Green 1939,1941-1944 1.27 J. A. McClellan 1930-1944 59.04 Adolf Falcon 1937-1942,1944 7.52 Clarence Fields 1937,1939,1941,1942,1944 8.27 Mrs. W. F. Foster 1934,1937-1944 25.75 R. L. Broyles 1941,1942 10.45 Rudolph William Gizzle, Jr 1941,1942 10.94 Elmo Ferguson 1934-1938, 1942, 1943 38.61 Bob J. Lyles 1935-1936 19.93 495 496 CITY OF AUSTIN, TEXAS 496 Name Miss Kate Belger C. W. Feuerbacher Gus Attal Years Amount Collected 1936-1941 $ 7.62 1939-1941 6.72 1940-1944 17.62 George T. Atkins William L. Best 1936,1937,1941-1944 Leonard Baker 1934-1936,1938, 1940,1943 1933,1941,1942 26.61 33.20 14.89 Big Boy Cafe 1938, 1939, 1941,1942 26.20 Walter Bergfield 1938,1939,1941-1944 11.12 Joe Cerda 1933,1934,1937,1940-1942 9.83 Ben Chambers 1941 5.31 Chas. H. Escott 1937-1943 46.44 Florence Escott 1941-1943 15.63 Mabel Eyoub 1940-1942 16.60 Robert L. Foster 1938-1941 21,71 C. J. Foster 1942, 1943 12.91 J. D. French 1942-1944 27.54 Morriss Gregory 1939-1944 27.07 Mrs. Thelka 1936-1943 14.94 W. H. Green 1938-1943 20.00 Mary Blanche Grayson 1940-1942 18.39 G. A. Kretzschmar 1929,1931-1937,1939-1943 33.58 D. D. Heath 1939-1943 22.18 M. R. Newton 1931-1944 72.07 C. C. Sullivan 1933-1934 4.86 1940 5.71 and David Spicer WHEREAS, all of said payments have been made on an equitable basis of adjustment of such taxes by authority of the City Council of the City of Austin; Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the Tax Assessor and Collector of the City of Austin be, and he is hereby, ordered and directed to cancel all delinquent personal property taxes against said parties and their property for the years for which said tax was assessed. 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 appeal of JAMES W. FINGER, 4110 Avenue D, on his application for a taxicab driver's permit, which had been recommended for dental, was heard. Afterconsidering same, Councilman Alford moved that the said James W.Finger be granted a 60-day probationary permit to drive a taxicab. The motion carried by the following vote: Ayes: Councilmen Alford, Bartholomew, Gillis, Mayor Miller Noes: None Absent: Councilman Wolf CITY OF AUSTIN, TEXAS 497 There being no further business, upon motion seconded and carried, , the meeting was recessed at 12:10 P. M., subject to call of the Mayor. ATTEST: yballicone, thear CITY CLERK APPROVE Tom Miller MAYOR