CITY OF AUSTIN, TEXAS 488 MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting June 06, 1946 10:50 A. Μ. Council Chamber, City Hall The meeting was called to order, with Mayor Miller presiding. Roll call Present: Councilmen Alford, Bartholomew, Mayor Miller and Councilman Wolf Absent: None Present also were Guiton Morgan, City Manager; Trueman O'Quinn, City Attorney; J. E. Motheral, Director of Public Works; and R. D. Thorp, Chief of Police. The Mayor offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, an election was held in the City of Austin, Texas, on the 3rd day of June, 1946, pursuant to an order made and entered by the City Council on April 18, 1946, at which election there was submitted to the qualified voters of said City for their action thereon the names of candidates for nomination as Councilman to fill a vacancy in the City Council created by the resignation on March 7, 1946, of Simon Gillis, the candidates having previously filed as requir ed by law being S. B. Price and Homer Thornberry; and WHEREAS, the City Council of the City of Austin has this day canvassed the official returns of said election, as made and reported by the officers of said election, of the various voting wards of said City, and has found said returns to show the following results of said election: Ward S. B. Price Homer Thornberry East 1st 8 West 1st 14 243 141 West 2nd 10 57 2nd Ward A 7 8 2nd Ward - B 5 31 2nd Ward - C 17 91 3rd Ward - A 10 58 3rd Ward - B 15 57 3rd Ward - C 29 118 4th Ward - A 7 96 4th Ward - B 21 117 4th Ward - C 15 80 489 CITY OF AUSTIN, TEXAS Ward 4th Ward S. B. Price Homer Thornberry D 11 41 4th Ward - E 7 25 4th Ward - 더 7 28 5th Ward - A 9 38 5th Ward - B 14 58 6th Ward 6th Ward - A 70 7 26 12 7th Ward A 8 20 7th Ward - B 4 38 Total 225 1383 Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT as determined by said canvass of the returns of said election Homer Thornberry is declared to be the nominee of the qualified voters of the City of Austin to fill the vacancy in the City Council created by the resignation of Simon Gillis on March 7, 1946. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Councilmen Alford, Bartholomew, Mayor Miller and Councilman Wolf Noes: None Absent: None Councilman Wolf offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, at an election held in the City of Austin on the 3rd day of June, 1946, Homer Thornberry, a citizen of Austin, was nominated by a majority vote of the qualified voters of the City of Austin, as Councilman to fill a vacancy in the City Council created by the resignation on March 7, 1946, of Simon Gillis; and WHEREAS, the said Homer Thornberry is qualified to serve as a Councilman and a member of the City Council of the City of Austin in accordance with the provisions of Article IV and other pertinent portions of the Charter of the City of Austin; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Homer Thornberry be nominated and elected a Councilman and a member of the City Council of the City of Austin, Texas, for the remainder of the unexpired term of Simon Gillis, who resigned the office of Councilman on March 7, 1946. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Councilmen Alford, Bartholomew, Mayor Miller and Councilman Wolf Noes: None Absent: None 490 490 CITY OF AUSTIN, TEXAS Thereupon Mayor Miller declared Homer Thornberry duly elected as a member of the City Council. The oath of office was then administered Councilman Thornberry by City Attorney O'Quinn. Councilman Thornberry upon taking his seat as Councilman expressed his appreciation to the citizens of Austin for the confidence placed in him in electing him to the office of City Councilman, and pledged his cooperation to the City Council. Councilman Thornberry then introduced the following resolution: (RESOLUTION) WHEREAS, after fifteen years of faithful and unselfish public service to the citizenship of Austin, the Honorable Simon Gillis has retired from the City Council of Austin; and WHEREAS, his entire public and private life has been characterized by his rugged honesty and integrity, a zealous championship of the rights of the individual citizen, without concern for such citizen's station in life, and, above all, a rigid and fearless adherence to his great principles and ideals regardless of personal or political consequences; and WHEREAS, the citizens of Austin are deeply indebted to Mr. Gillis for the valuable contributions he has made to the progress and upbuilding of this City; and Therefore, WHEREAS, his presence on the City Council will be sorely missed, Now, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the members of the City Council express to Simon Gillis on behalf of the citizens of Austin their love and affection for him, their lasting and heartfelt gratitude for his loyalty, devotion and tireless work in their behalf with the commendation, "Well done, thou good and faithful servant", and their wish for him and his loved ones health and happiness always; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to Mr and Mrs Simon Gillis. This resolution was adopted unanimously byvastanding vote. Judge Ben Powell was called on and he stated that he had known Councilman Thornberry for a number of years, in fact he had been a member of Judge Pow- ell's law firm after graduation from law school, and he had found him to be a very fine young man in every respect, and a tireless worker and a young man with the courage of his convictions. Judge Powell stated that he believed Councilman Thornberry was the kind of young man that a city needs on its Council and that Austin was fortunate in having him. The Mayor then stated that Councilman Alford was present for the first time in several months, his absence having been caused by a serious illness. The Mayor also said that Councilman Alford had served as an official of the City of Austin longer than anyone else. Councilman Alford then left the meeting. CITY OF AUSTIN, TEXAS 491 491 Dr. John Frederick appeared before the Council and stated that he was appearing in the interest of the "Air-Co-op", an organization composed of 150 students and members of the faculty of the University of Texas who had formed a co-operative flying group. This organization is vitally interested in flying and have planes which they have been housing at the Browning Airport but the lease on this airport has expired and the organization is compelled to find another place for the housing of their planes. Dr. Frederick wanted to know if the City would allow the "Air-Co-op" to place T-hangars on the Municipal Airport on a lease agreement plant, or would the City be willing to build the hangars and lease them to the Co-op. The Mayor instructed the City Manager and the Director of Public Works to investigate this request and make their recommendations to the Council as to how this problem could be worked out. A representative of the Plumbers organization stated that he had been informed that the Council would discuss the amended Plumbing Ordinance. The City Attorney stated that he would probably have the ordinance ready for the next Council meeting. 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 City Manager be and he is hereby authorized and directed to enter into a contract on behalf of the City of Austin with Eugene McGuire, of Travis County, Texas, for the purchase by the City of gravel from a certain 198.21 acre tract of land out of the Santiago Del Valle Grant, Abstract No. 24, being the same land described at Volume 382, Page 62, of the Deed Records of Travis County, Texas, to which reference is here made, which contract shall be substantially in accordance with the terms of the attached form of contract. THAT the City Clerk be and she is hereby authorized and directed to place a copy of the contract attached hereto in the permanent files of her office together with the original of the executed contract, without the necessity of recording the contents of either of same in the Minutes of the City Council. Which motion, carrying with it the adoption of the resolution, prevailed by the following vote: Ayes: Noes: Absent: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf None Councilman Alford Councilman Bartholomew offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, by virtue of judgments and orders of sale in Cause No. 13,459 and Cause No. 14,274, in the District Court of Travis County, Texas, the City of Austin acquired at tax sale the property hereafter described, and all taxes involved in said suits have long since been paid; Now, 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 in behalf of the City to execute a QUITCLAIM DEED to L. J. Leudecke, quitclaiming to the said L. J. Leudecke all right, title and interest of the City of Austin in Lots 3 and 4, Block 6, Glen Ridge Addition in the City of Austin, Travis County, Texas. Motion prevailed by the following: Ayes: 4; Noes: None; Absent:Clm.Alford. 492 492 CITY OF AUSTIN, TEXAS Mayor Miller introduced the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED: "AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF AUSTIN; PRESCRIBING PENALTIES FOR THE VIOLATION OF SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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 RE-ENACTING ARTICLE III, SECTION 12-(b) OF SAID ORDINANCE RELATING TO THE LOCATION OF STOP SIGNS AND ADDING A NEW INTERSECTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Wolf moved that the rule be suspended and the ordinance passed to its second reading. The motion prevailed by the following vote: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry Ayes: and Wolf Noes: Absent: None Councilman Alford The ordinance was then read the second time and Councilman Wolf moved that the rule be suspended and the ordinance passed to its third reading. The motion prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noes: None Absent: Councilman Alford The ordinance was then read the third time and Councilman Wolf moved that the ordinance be finally passed. The motion prevailed by the following vote: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry Ayes: Noes: Absent: and Wolf None Councilman Alford The Mayor then announced that the ordinance had been finally passed. Councilman Bartholomew offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Texas Public Service Company has presented to the City Council tentative maps or plans showing the proposed construction of its gas mains in the streets in the City of Austin hereafter named, and said maps or plans have been considered by the City Council; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Texas Public Service Company be and the same is hereby permitted to lay and construct its gas mains in and upon the following streets: 493 493 CITY OF AUSTIN, TEXAS (1) A gas main in CONCORDIA AVENUE from East 37th Street westerly 50 feet, the centerline of which gas main shall be 12.5 feet south of and parallel to the north property line of said Concordia Avenue. Said gas main described above shall have a cover of not less than 20 feet. (2) A gas main in EAST THIRTY-SEVENTH STREET from Concordia Avenue northerly 533 feet, the centerline of which gas main shall be 7.5 feet west of and parallel to the east property line of said East 37th Street. Said gas main described above shall have a cover of not less than 2 feet. (3) A gas main in EAST THIRTY-FOURTH STREET from Kern Ramble to Chestnut Avenue, the centerline of which gas main shall be one foot north of and parallel to the south property line of said East 34th Street. Said gas main described above shall have a cover of not less than 20 feet. (4) A gas main in CHESTNUT AVENUE from a point 143 feet south of East 34th Street north to Clarkson Avenue, the centerline of which gas main shall be 7.5 feet west of and parallel to the east property line of said Chestnut Avenue. Said gas main described above shall have a cover of not less than 2 feet. (5) A gas main in CLARKSON AVENUE from Chestnut Avenue northerly 205 feet, the centerline of which gas main shall be 7.5 feet east of and parallel to the west property lien of said Clarkson Avenue Said gas main described above shall have a cover of not less than 2 feet. (6) A gas main in WILLBERT ROAD from a point 40 feet south of East 40th Street northerly 83 feet, the centerline of which gas main shall be 17 feet south of and para- lell to the east property line of said Willbert Road. Said gas main described above shall have a cover of not less than 2 feet. (7) A gas main in EAST FORTIETH STREET from a point 28 feet west of Willbert Road easterly 174 feet, the centerline of which gas main shall be 17 feet south of and parallel to the north property line of said East 40th Street. Said gas main described above shall have a cover of not less than feet. (8) A gas main in EAST FORTY-EIGHTH STREET from a point 494 494 CITY OF AUSTIN, TEXAS 308 feet west of Harmon Avenue westerly 165 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property lineof said East 48th Street. Said gas main described above shall have a cover of not less than 2 feet. (9) A gas main in AVENUE D from a point 46 feet south of West 46th Street northerly 276 feet, the centerline of which gas main shall be 12 feet east of and parallel to the west property line of said Avenue D. Said gas main described above shall have a cover of not less than 20 feet. (10) A gas main in WILSHIRE BOULEVARD from a point 71 feet east of Wildwood Road east of Lullwood Road, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said Wilshire Boulevard. Said gas main described above shall have a cover of notless than 25 feet. (11) A gas main in LULLWOOD ROAD from Wilshire Boulevard to Ardenwood Road, the centerline of which gas main shall be 7.5 feet east of and parallel to the west property line of said Lullwood Road. Said gas main described above shall have a cover of notless than 2 feet. (12) A gas main in ARDENWOOD ROAD from Lullwood Road easterly 468 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said Ardenwood Road. Said gas main described above shall have a cover of notless than 20 feet. (13) A gas main in WEST JAMES STREET from a point 204 feet west of Bouldin Avenue easterly 49 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said West James Street. Said gas main described above shall have a cover of notless than 2 feet. (14) A gas main in DUVAL STREET from a point 165 feet north of East 48th Street northerly 94 feet, the centerline of which gas main shall be 20 feet east of and parallel to the west property line of said Duval street. Said gas main described above shall have a cover of notless than 25 feet. 475 495 CITY OF AUSTIN, TEXAS (15) A gas main in TOWNES LANE from Exposition Boulevard westerly 208 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said Townes Lane. Said gas main described above shall have a cover of notless than 2 feet. (16) A gas main in LORRAIN STREET from a point 5 feet north of West 10th Street northerly 147 feet, the centerline of which gas main shall be 15 feet west of and parallel to the east property line of said Lorrain Street. Said gas main described above shall have a cover of notless than 2 feet. (17) A gas main in WEST TWENTY-NINTH STREET from a point 68 feet east of Oakmont Boulevard westerly 64 feet, the centerline of which gas main shall be 7.5 feet south of and paral- lel to the north property line of said West 29th Street. Said gas main described above shall have a cover of notless than 2 feet. The Texas Public Service Company is hereby put upon notice that the City of Austin does not guarantee that the space assigned above is clear from other underground utilities, but is based upon the best records we have at hand, and that the minimum depth stated does not have any reference to the fact that greater depths may not be required at special points. When the Texas Public Service Company requires definite information upon the ground as to elevations or working points from which to base the location of their assignments they shall apply to the Department of Public Works not less than three (3) days before such information is required. The Texas Public Service Company is further put upon notice that they will be required to bear the expense of repairs or replacement of any underground utility damaged during the construction of lines named in this resolution. AND THAT whenever pavement is cut in the vicinity of a fire plug, water must be used at intervals during the course of backfilling of the ditches. THAT the work and laying of said gas mains, including the excavation in the streets, and the restoration and maintenance of said streets after said mains have been laid shall be under the supervision and direction of the City Manager, and under all the pertinent terms and conditions of the certain franchises granted to said company by the City of Austin. The following applications for taxicab driver's permits, duly approved by the City Manager, were submitted: Cochran, Horace B. 4203 Guadalupe street Milam, Lewis Bartley Stalnaker, Guy Zoll 815 West 5th street Route 2, Box 169 Councilman Bartholomew moved that these permits be granted. The motion was duly seconded and same prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noes: None Absent: Councilman Alford 496 496 CITY OF AUSTIN, TEXAS The application of Adam and Elija Cordova, owners of El Veterano Cafe, 805 East 6th street, for a beer and wine permit, duly approved by the City Manager, was submitted. Councilman Wolf moved that this permit be granted, which motion was duly seconded and prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilman Thornberry Noes: Absent: and Councilman Wolf None Councilman Alford The application of S. Kopel, owner of Paramount Liquor Store, 819-A Congress Avenue, for a liquor permit, duly approved by the City Manager, was submitted. Councilman Bartholomew moved that this permit be granted, which motion was duly seconded and prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noes: None Absent: Councilman Alford The following applications for boat licenses, duly approved by the City Manager, were submitted: Holman, B. J. 2504 Hartford Road Homade, Inboard, 6 passengers Hoover, W. D. 1708 Willow street Home made, Inboard, 2 passengers Smith, A. G. P. 0. Box 428 Home made, Inboard, 4 passengers Walthal, S. E. 815 West 6th street Century, Outboard, 6 passengers Councilman Wolf moved that these permits be granted, which motion was duly seconded and prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noest 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 Four Thousand Four Hundred and Fifty Dollars ($4,450.00) be and the same is hereby appropriated out of the General Fund, not otherwise appropriated, for the purpose of paying the salary of a full-time caretaker and for other expenses incident and necessary to the operation of the Lake Austin Municipal Park for the year 1946. following vote: Ayes: Which motion, carrying with it the adoption of same, prevailed by the Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf None Councilman Alford Noes: Absent: The matter of the traffic and needed regulations on South Congress Avenue was discussed and the City Manager stated that it would be necessary to make certain amendments to the Traffic Ordinance and that this will probably be 497 497 CITY OF AUSTIN, TEXAS ready for the next Council meeting. The Mayor stated that he would like to have the Council, as soon as possible, make a survey of the city and acquaint themselves with the work which the City is now doing and what will be necessary to be done as soon as possible. adoption: Councilman Bartholomew offered the following resolution and moved its (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, viz: Name Manuel Martinez R. S. Mayhall C. R. Scales Years Amount Collected 1938, 1939, 1941 $ 9.97 1936 .23 1939 thru 1941 133.16 East Avenue Grocery 1942 10.07 Gray Cleaners 1939 8.00 C. C. Miles 1939 thru 1941 25.98 T. F. Walker 1942 10.83 John Williams 1942 thru 1944 7.17 University Barber Shop 1933, 1934, 1935 61.22 Milton L. Morris 1928, 1931 thru aru 1934,36,38,40 & 41 Frank B. Crawford 1929,31,33,34,35,38 & 44 44 45.61 63.01 Chester L. Kooch 1932 thru 35,37,38,40,41,42 & 44 36.37 I. Lown Anna Lown Independent Oil Co. J. C. Cordell Lee Cordell A. C. Baldwin & Sons Lewis Hawkins C. L. Daniel 1937, 1942 & 1943 17.97 1942 thru 1944 5.19 1944 24.33 1943 and 1944 .38 1939 & 1944 1.32 1943 & 1944 785.88 1941 .90 1942 9.57 Roy R. Hendrickson Jerome Sneed W. F. Savage H. E. Schmidt Clarence Rapp Fleet Taylor Pauline Morgan Stanton 1941 thru 1943 16.99 1944 18.74 1936,37,39 thru 43 33.76 1937, 38, 39 & 43 18.62 1939 thru 1943 31.74 1943 3.19 1939 2.93 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, Councilmen Thornberry and Wolf 198 498 CITY OF AUSTIN, TEXAS Noes: None Absent: Councilman Alford There being no further business, upon motion of Councilman Wolf, seconded by Councilman Thornberry, the meeting recessed, subject to the call of the Mayor, at 11:40 А. М. ATTEST: Hallian Mo Hellan City Clerk APPROVED Jom Milla. Mayor