479 479 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting May 30, 1946 11:00 A. Μ. Council Chamber, City Hall The meeting was called to order, with Mayor Miller presiding. Roll call Present: Councilman Bartholomew, Mayor Miller and Councilman Wolf Absent: Councilman Alford Present also: Guiton Morgan, City Manager; Trueman O'Quinn, City Attorney; J. E. Motheral, Director of Public Works; R. D. Thorp, Chief of Police Pursuant to public notice given in the local newspaper, the proposal of the City Council to amend the Zoning Ordinance in the following particulars came up for public hearing. (1) To amend the USE designation of the following described property so as to change the same from "A" Residence District to "C" Commercial, Second Height and Area District, to-wit: Lots 7, 8, 9, 10, 11 and 12, Block 4, Hartwell Addition, City of Austin, located between 1st and 2nd streets, and Broadway and Linden streets, in the City of Austin, Travis County, Texas. There being no one present to protest this change, Councilman Wolf moved that the recommendations of the Zoning Board of Adjustment be sustained and the change granted. The motion was duly seconded and prevailed by the following vote: Ayes: Noes: Absent: Councilman Bartholomew, Mayor Miller and Councilman Wolf None Councilman Alford The City Attorney was instructed to prepare an ordinance covering such change and present same to the Council for passage. Pursuant to public notice given in the local newspaper, the proposal of the City Council to amend the Zoning Ordinance in the following particulars came up for public hearing. To amend the USE designation of the following described property so as to change the same from "A" Residence District to "C" Commercial, Second Height and Area District, to-wit: HSC 480 CITY OF AUSTIN, TEXAS Lots Nos. 6, 7, 8, 9, 10, 12, 13, 14, and 15, Block 2 of Pecan Grove Addition to the City of Austin; and 312.9 feet by 90 feet deep lying on the west side of Jessie Street, all of which property is located between Josephine and Jessie Streets and Butler Road on the north, in the City of Austin, Travis County, Texas There being no one present to protest such change, Councilman Bartholomew moved that the recommendation of the Zoning Board of Adjustment be sustain- ed and the change granted. The motion was duly seconded and prevailed by the following vote: Ayes: Noe's: Absent: Councilman Bartholomew, Mayor Miller and Councilman Wolf None Councilman Alford The City Attorney was instructed to prepare an ordinance covering such change and present same to the Council for passage. The following requests for changes in zoning were referred to the Zoning Board of Adjustment for consideration and recommendation: The request of Messers. M. B. Turner, J. D. Young and H. J. Williamson, owners of property in the 1700 and 1800 blocks of Fredericksburg Road, for an "A" Residence District to "C" Commercial District. The request of Messers. Sam J. Hage, M. K. Hage, Jr. and C. A. Schueler, owners of property on the north side of Barton Springs Road, formerly owned by Robert Toomey and Susie C. Linscomb, and containing approximately 5.85 acres in one tract and 414 of an acre in the other tract, from "A" Residence to "C" Commercial for the purpose of building a Trailer Park on same. The request of Cleatus Wills, by his attorney, Roger Tyler, Jr., for a change of the property located at 1100 East 11th street, from "C-1" Commercial District to "C-2" Commercial District for the purpose of using same for a package store. Mayor Miller submitted the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, JULY 17, 1941, AND RECORDED IN ORDINANCE BOOK "L", PAGES 152-174, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, WHICH ORDINANCE WAS AMENDATORY OF THAT CERTAIN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN PASSED BY THE CITY COUNCIL APRIL 23, 1931, AND RECORDED IN ORDINANCE BOOK "I", PAGES 301318, BOTH INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY ENACTED CHANGING THE USE DESIGNATION FROM "A" RESIDENCE AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL AND FIRST HEIGHT AND AREA DISTRICT ON LOTS 1, 2, 25 and 26, IN BLOCK "A", TIM- BER LAKE ADDITION, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND DE CLARING AN EMERGENCY. CITY OF AUSTIN, TEXAS 481 481 The ordinance was read the first time and Councilman Wolf moved that the rule be suspended and the ordinance be passed to its second reading. The motion carried by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: None Absent: Councilman Alford The ordinance was read the second time and Councilman Wolf moved that the rule be suspended and the ordinance be passed to its third reading. motion carried by the following vote: The None Ayes: Councilman Bartholomew, Mayor Miller and Councilman Wolf Noes: Absent: Councilman Alford The ordinance was read the third time and Councilman Wolf moved that the ordinance be finally passed. The motion carried by the following votes Ayes: Noes: Absent: Councilman Bartholomew, Mayor Miller and Councilman Wolf None Councilman Alford The Mayor then announced that the ordinance had been finally passed. Councilman Wolf presented the following resolution with the motion that it be approved: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves as a filling station site the property located on the east side of the Georgetown Road or Highway No. 2, at a location north of Gaylor Street, which property fronts 100 feet on the Georgetown Road and being Lots 12 and 13, Block C, of Plaza Place, a subdivision within the City of Austin, Travis County, Texas, and hereby author izes the said Earnest E. Pannell, Jr., to construct, maintain and operate a drive-in gasoline filling station and to construct curbs, ramps, and sidewalks in conjunction therewith, subject to the same being constructed in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations and plans; and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this filling station after full compliance with all the provisions 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 Ernest E. Pannell, Jr., has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. Which motion, carrying with it the adoption of the resolution, passed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: Absent: None Councilman Alford Mayor Miller moved that Mr. George Sandlin be formally appointed as a CITY OF AUSTIN, TEXAS 182 482 member of the City Planning Board for a period of two years. The motion was passed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: None Absent: Councilman Alford Councilman Bartholomew made a motion that Rickey Key and S. V. Tadlock be re-appointed as members of the Board of Equalization for terms of two years. The motion was adopted by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: None Absent: Councilman Alford Councilman Wolf offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of $5,250.00 be and the same is hereby appropriated out of the General Fund, not otherwise appropriated, for the purpose of alterations to Administration Building at the Municipal Airport. Which motion, carrying with it the adoption of the resolution, passed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: Absent: adoption: None Councilman Alford Councilman Bartholomew presented the following resolution and moved its (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of $11,000.00 be and the same is hereby appropriated out of the General Fund, not otherwise appropriated, for the purpose of paying for additional asphalt maintenance crew in Street and Bridge Division for the remainder of 1946. This motion prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: None Absent: Councilman Alford The following Taxicab Operator's permits, duly approved by the City Manager, were submitted; with the motion that they be approved: 1942 Chevrolet Sedan, Motor No. BA, 327198, Lic. FX 9873 Holmes, John Mason Phelan, Calvin Houston Shipp, James T. 1937 DeSoto Sedan, Motor No. S3-6331, 1189 Comal 1405 Guadalupe St. Lic. Ala. 3d 2131 215 Leleand St. 1938 DeSoto Sedan, Motor No. S5 6950, Lic. 3667 The motion carried by the following vote: CITY OF AUSTIN, TEXAS 3 483 Ayes: Noes: Absent: Councilman Bartholomew, Mayor Miller, and Councilman Wolf None Councilman Alford The following applications for Taxicab Driver's permits were submitted, duly approved by the City Manager, with the motion that they be approved: Byrne, Joseph G. Ford, Edwin Earl Hill, Jimmie Holmes, Johnny Mason Phelan, Calvin Houston The motion carried by the following vote: 2204 Curtis Avenue 707 Guadalupe St. 1104 Chicon 1189 Comal 1504 Guadalupe St. Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: None Absent: Councilman Alford Bissett, Eloise Thompson Outboard The following applications for boat licenses, duly approved by the City Manager, were submitted with the motion that they be approved: 2 passenger P.O. Box 1152 Carner, Dr. M. E. Rockdale, Texas Home Built, Inboard, 4 passenger Meachum, Winfree W. 708 West 10th St. Kiyak, 2 passenger Robinson, Jr., E. E. 311 West 7th St. Custom made, Outboard, 2 passenger The motion prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: None Absent: Council man Alford Councilman Wolf presented the following resolution with the motion that it be adopted by the Council: (RESOLUTION) WHEREAS, in Book 3, page 140, of the Plat Records of Travis County, Texas, there appears a map or plat of a subdivision of land known as A. V. Riley's Subdi vision, a subdivision of a portion of Outlot 53, Division O, of the Government Outlots within the City of Austin, Travis County, Texas, and WHEREAS, upon said map or plat there appears various streets and alleys, one of which alleys herein referred to is 16 feet in width, and being the alley one-half block east of and parallel to Julius Street and extending from Canterbury Street south to Colorado River; and WHEREAS, the owners of all the property abutting said alley have requested the City Council of the City of Austin to close said alley; and WHEREAS, said alley has never been opened to the public; and WHEREAS, said request has been reviewed and considered by the City 484 484 CITY OF AUSTIN, TEXAS Council of the City of Austin; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT that certain alley 16 feet in width which is one-half block east of and parallel to Julius Street and extends from Canterbury Street to the Colorado River as referred to above be closed and vacated except the City of Austin hereby retains utility easement rights in, upon and across said alley. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: bonds: Ayes: Noes: Absent: Councilman Bartholomew, Mayor Miller and Councilman Wolf None Councilman Alford The City Manager submitted the following certificate of destruction of STATE OF TEXAS COUNTY OF TRAVIS CITY OF AUSTIN x This is to certify that I have, on the 3rd day of June, 1946, as directed by a resolution passed by the City Council of the City of Austin, Texas, and in the presence of the undersigned attesting witnesses caused the following numbered and otherwise described cancelled bonds to be destroyed by cremation in the City Incinerator, together with sundry cancelled coupons paid by the City of Austin, Texas, on its bonded debt. Bonds Numbers Amount Interest Coupons TOTAL 56-65 $ 10,000.00 $ 1,000.00 $ 11,000.00 Year Description 1910 School 1915 School 241-250 10,000.00 500.00 10,500.00 1915 Street, Bridge & Sewer 411-425 15,000.00 750.00 15,750.00 1915 Ridgetop School District 250.00 250.00 1916 Refunding 1093-1131 39,000.00 3,538.75 42,538.75 1918 School 43-44 2,000.00 350.00 2,350.00 1918 Sewage Disposal Plant 131-135 2,500.00 1,750.00 4,250.00 1921 Hospital 1924 Incinerator 1924 School 20 1,000,00 660.00 1,660.00 31-32 2,000.00 900.00 2,900.00 137-147 11,000.00 18,000.00 29,000.00 1924 Water Filtration 149-160 12,000.00 7,350.00 19,350.00 1926 School 64-69 6,000.00 4,037.50 10,037.50 1928 Hospital Jan. 1 39-42 4,000.00 2,592.50 6,592.50 1928 School 112-121 10,000.00 8,951.25 18,951.25 1928 Street Improvement 66-71 6,000.00 5,066.25 11,066.25 1928 Airport 28-30 3,000,00 2,110.00 5,110.00 1928 Fire Stations 28-29 2,000,00 2,280.00 4,280.00 1928 Hospital 1928 1928 Parks & Playgrounds Sanitary Sewer 1929 Street Improvement 5-1 28-29 2,000.00 2,107.50 4,107.50 Nov. 1 17-20 4,000.00 1,450.00 5,450.00 17 1,000.00 382.50 1,382.50 174-190 17,000.00 16,553.75 33,553.75 1929 Sanitary Sewer 5-1 84-91 8,000.00 7,956.25 15,956.25 1929 Parks & Playgrounds 5-1 66-71 6,000.00 6,388.75 12,388.75 1929 Fire Stations 5-1 11 1,000.00 760.00 1,760.00 1929 Street Improvements 12-16 177-194 18,000.00 19,712.50 37,712.50 1929 Sanitary Sewer 12-16 54-58 5,000.00 5,700.00 101700.00 1929 Parks & Playgrounds 12-16 46-49 4,000.00 4,940.00 8,940.00 1929 Abattoir 12-16 24-25 2,000.00 2,493.75. 4,493.75 1931 Street Improvement 193-212 20,000.00 23,655.00 43,655.00 CITY OF AUSTIN, TEXAS Bonds Year Description Numbers Amount 148 485 Interest Coupons TOTAL 1931 Parks & Playgrounds 55-60 $ 6,000.00 $ 6,840.00 $ 12,840.00 1931 Sanitary Sewer 29-31 3,000.00 3,348.75 6,348.75 1932 Library 38-41 4,000,00 5,550.00 9,550.00 1932 Fire Stations 13 1,000,00 1,875.00 2,875.00 1935 Public Market 26-29 4,000.00 1,920.00 5,920.00 1936 School 117-133 17,000.00 6,615.00 23,615.00 1936 Parks & Playgrounds 30-33 4,000.00 930.00 4,930.00 1937 Fire Stations 36-40 5,000.00 1,787.50 6,787.50 1938 School Refunding 31-35 5,000.00 1,050.00 6,050.00 1938 School 9501.11 17,000.00 7,037250 24,037.50 1939 School 78-94 17,000.00 6,225.00 23,225.00 1940 Hospital 75-94 20,000.00 7,192.50 27,192.50 1942 Airport 37-55 19,000.00 8,220.00 27.220.00 WITNESSES: Bennie W. Engelka(sgd) J. D. HUFFMAN, JR. (sgd) $345,500.00 $210,777.50 $556,277.50 GUITON MORGAN City Manager (sgd) City of Austin, Texas Councilman Bartholomew presented the following resolution with the motion that it be adopted: (RESOLUTION) WHEREAS, taxes were assessed in the name of N. A. Dawson, Sr., on Lots 1, 2, 3, and 4, Block "V", J. E. Bouldin Addition; Lots 12 and 13, Block "W", J. E. Bouldin Addition; 3.ll acres of land, in Block 9-B, in the Isaac Decker League; Lots 9, 10, in Block 3, Arboles Est. No. 3; Lots 11 and 12, in Block 3, Arboles Est. No. 3; Lots 17, 18, and 19, Block 3, Arboles Est. No. 3; Lots 20, 21 and 22, Block 3, Arboles Est. No. 3; the east 140 of (C), 93' x 140', Block "C", South Heights; Lots 14 and 15, Block 2, Faulk Subdivision; Lot 16, Block 2, Faulk Subdivision; Lot 2, Block 3, Faulk Subdivision; Lot 6, Block 3, Faulk Subdivision Lot 9, Block 3, Faulk Subdivision; Lots 25 and 26, Block "Q", J. E. Bouldin Addition; Lots 1, 2, 3 and 4, Block "S", J. E. Bouldin Addition; Lot 10, Block "T", J. E. Bouldin Addition; Lot 25, Block "T", J. E. Bouldin Addition; Lot 26, Block "T", J. E. Bouldin Addition; Lots 21 through 26, Block "U", J. E. Bouldin addition; Lots 1 and 2, Block 1, South Heights; Lot 3, Block 1, South Heights; Lot 4, Block 1, South Heights; Lot 1, Block 2, South Heights; 36' x 160 north of alley Block 1, J. E. Bouldin Estate, and one-half (1/2) acre of Lot 1 (X), Block "C", J. E. Bouldin Estate, all of which is situated in the City of Austin, Travis County, Texas, and taxes for various years from 1919 through 1944 are now delin quent against such lots or tracts, taxes, together with penalty and interest there on, amounting to Two Thousand Eight Hundred Forty-five Dollars and Ninety-three cents($2,845.93), and WHEREAS, the City Council of the City of Austin deems it just and equitable to remit the penalty amounting to Ninety Dollars and Seventy-Three Cents($90173) and one-half of the interest thereon, amounting to Four Hundred Seventy Dollars and Eighteen Cents ($470.18); Now, therefore, CITY OF AUSTIN, TEXAS 486 486 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the penalty of $90.73, and $470.18 of the interest accrued on said taxes, be and the same are hereby cancelled and remitted, and the City Tax Assessor and Collector of the City of Austin is hereby authorized and directed to receive the taxes on said property for the years for which each such tract is delinquent, less said penalty and one-half of the interest thereon, and to issue to the party entitled to receive the same a receipt for such taxes in full upon payment of the taxes and the remaining half of the interest thereon. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, and Councilman Wolf Noes: Absent: None Councilman Alford Councilman Wolf presented the following resolution with the motion that it be adopted: (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 sum of each of them, viz; NAME Veris Smith Edwin McKeller Joe Lopez, Jr. Vigo Miller R. C. Shuler Edwin A. Schneider Elnora Ake J. P. Calloway Lewis Labensky O. A. McCarty C. H. Jung, Sr. F. A. Wattinger YEARS AMOUNT COLLECTED 1937, 1942, 1944 1936 thru 1944 $ 7.95 11.10 1943 .49 1936, 1937, 1940, 1941 13.81 1938, thru 1940 5.66 1936, 1938, 1941 thru 1944 31.02 1938 & 1939 3.66 1944 7.29 1944 7.78 1944 .25 1939 & 1941 .39 1942 & 1944 58.98 WHEREAS, all of said payments constitute a final settlement of personal taxes due for the years indicated; 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 authorized to record full payment on 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: Councilman Bartholomew, Mayor Miller and Councilman Wolf Noes: None Absent: Councilman Alford CITY OF AUSTIN, TEXAS 487 487 Councilman Bartholomew offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the property hereinafter described as Church property during the years listed below, and City taxes were improperly assessed against such property for said years in the name of Kinney M. E. Church, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the taxes assessed against Lot Eighteen (18), Staehley and Wendlandt Subdivision in the City of Austin, Travis County, Texas, for the years 1939, 1940, 1941, 1942, 1943, 1944 and 1945, and all penalty and interest charged against such property for failure to pay such taxes prior to delinquency be and the same are hereby cancelled. BE IT FURTHER RESOLVED: THAT the City Tax Assessor and Collector be and he is hereby authorized and directed to charge all such taxes, penalty and interest from the tax rolls of the City. : Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller and Councilman Wolf Noes: None Absent: Councilman Alford There being no further business, upon motion made and seconded, the meeting recessed, subject to the call of the Mayor, at 11:20 A. M. ATTEST: Acting City Clerk APPROVED: Jom Milla. Mayor