Austin's Growth: From Parks to Zoning Battles
Here's a summary of the June 13, 1946 Austin City Council agenda:
Public Amenities & Recreation:
The city rushed to open the Zilker Springs bathhouse for July 4th celebrations and continued efforts to acquire land for a new Govalle playground. They also decided to enforce safety regulations on fishing boats below Tom Miller Dam rather than grant a single concession.Transit Challenges:
Council debated how to expand bus service to the Municipal Airport for veterans, with the transit company proposing to cut an unprofitable route to free up buses for the new line.Controversial Land Use:
Decisions on specific zoning changes for a liquor store and a sorority house were deferred amidst public protest, pending broader zoning policy updates. However, the council did approve several ordinances converting residential areas to commercial districts.Bond Vote Controversy:
Officials confirmed that newly approved fire station bonds only required a simple majority vote, despite earlier public statements suggesting a two-thirds majority was necessary. They determined there was no "moral obligation" to adhere to the higher threshold.
Full Transcript
CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting June 13,1946 Council Chamber, City Hall 479 499 The meeting was called to order, with Mayor Miller presiding. Roll call Present: Absent: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Councilman Alford Present also: Guiton Morgan, City Manager; Trueman O'Quinn, City Attorney; J. E. Motheral, Director of Public Works; and R. D. Thorp, Chief of Police. Mr. Ed Knebel, representing the American Legion, appeared and inquired about the progress of the work on the Zilker Springs Bathhouse as relating to their 4th of July celebration. The City Manager stated that the dressing room and shower facilities would be ready for use, and that the pool would be ready for use by July 2, the date of the beginning of the celebration. He also stated that there would not be a charge for the use of the pool and dressing room facilities during this celebration; the grounds will be cleaned up and proper fire and police protection during that time will be given. A representative of the Govalle Civic Club appeared and asked what progress had been made toward the purchase of a playground for Govalle, and to tell the Council that the Club was still agreed that the Walker tract was the one they preferred to have. The Mayor stated that this matter was still being considered and a decision made as soon as possible. A group of citizens from the northeastern part of the city, with Mr. Manor as their spokesman, to request that a bus line be placed in operation which would serve this section of the city and would run as far as the Municipal Airport in order to serve the Veterans who were taking a course in flying and also to serve the citizens in this area. Mr. Hemby of the Austin Transit Company was present and stated that the Transit Company had been trying to get more busses so as to enlarge their service but they were not told that delivery could not be made until sometime in 1947, and they did not have a sufficient number of useable busses to increase their service at the present. However, if the Council would allow the Transit Company to discontinue the North Loop Bus because it was not a paying line, these busses could be used on the line requested by the citizens in the northeastern part of the city. Mr. J. W. Saxon appeared regarding the purchase, by his son, of a portion of three lots owned by the City and which are a part of Fruth Park. He was told that this request was being investigated and he would be advised as soon as possible of the decision. The following report of the Zoning Board was received: 500 500 CITY OF AUSTIN, TEXAS "June 12, 1946 Hon. Mayor and City Council Austin, Texas Gentlemen: Following is a copy of a resolution which was passed by the Board of Adjustment at a meeting on June 11, 1946: 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 Cleatus Wills, through his Attorney, Roger B. Tyler, Jr., requesting a change in the Use desig nation of the following property: 11 The South one-half of Lot 62, and the west ten feet of Lot 61, both lots being in Outlot 55, Division "B", in the City of Austin, and being located at the northeast corner of East 1lth and Waller Streets, from "C-1" Commercial District to "C-2" Commercial District; and WHEREAS, the Board of Adjustment held a hearing on this application at a meeting on June 11, 1946, at which hearing the applicant stated that he only desired to have that portion of the lot and present building which would be occupied by him changed, and further stated that the space he would require would be approximately 6'x8' which he intended to use as a liquor package store for the retail sale of wines and liquors; and WHEREAS, a petition was filed by the applicant containing the names of twenty-four residents in this neighborhood stating that they had no objection to this zoning change, which petition is attached hereto, and one property owner appeared affirming he had no objection to the change; and WHEREAS, at the public hearing, the owner of the north part of the original lot 62 at the rear of this property appeared protesting this change and a letter was filed by Mr. and Mrs. Max Reuter and Mrs. Missouri Walton, owners of property in this vicinity, also protesting this change, which letters are attached hereto; and WHEREAS, this application is for a changé of the south one-half of the original Lot 62 and a small portion of Lot 61 as described in the application to the City Council for this change, but according to the testimony of the applicant, applied only to a very small portion of the existing building on this property which does not conform with the Ordinance which stipulates that the boundaries of zoning districts shall be either streets, alleys or property lines; and WHEREAS, in view of the fact that the portion to be occupied under this application is only a small portion of the existing building, leaving considerable area of the property unoccupied for this purpose, the proposed change would make it possible for a number of additional package stores to be operated on the same premises and in the same building; and CITY OF AUSTIN, TEXAS 501 501 WHEREAS, the change would be for a single lessee and would be the creation of a spot zone unrelated to any general zoning plan; and WHEREAS, this property lies in a "C-1" Commercial District which extends from Waller Street to Navasota Street on East 11th Street and thence east on Rosewood Avenue, in which beer and wine may be sold in connection with the disposing of food which the Board considers to be the proper zoning of this property; and WHEREAS, the Board deems that the granting of such spot zones in both a single lot or portion of a lot sets a dangerous precedent which, if pursued generally, would ultimately break down the Zoning Ordinance and destroy its purpose and nullify its benefits; therefore BE IT RESOLVED BY THE BOARD OF ADJUSTMENT: THAT, the change of the above described property from "C-1" Commercial District to "C-2" Commercial District be not recommended to the City Council Respectfully submitted BOARD OF ADJUSTMENT, By H. F. Kuehne, Chairman The Council requested that this matter be held in abeyance until Roger Tyler, attorney for Cleatus Wills, advises them whether his client desires to have a public hearing on the matter or not. Councilman Thornberry presented 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 COMPRE- HENSIVE 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 CHANGING THE USE DESIGNATION FROM "A" RESIDENCE DIS TRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND SECOND HEIGHT AND AREA DISTRICT ON LOTS 7 to 12, INCLUSIVE IN BLOCK 4, HARTWELL, ADDITION IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS: AND CHANGING THE USE DESIGNATION FROM "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND SECOND HEIGHT AND AREA DIS TRICT ON LOTS 6, 7, 8, 9, 10, 12, 13, 14, AND 15 IN BLOCK 2, OF THE PECANGROVE ADDITION IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND MAKING THE SAME CHANGE OF THE NORTH 312.5 FEET OF A TRACT CONVEYED TO R. T. AND BESSIE SPAW BY DEED DATED MARCH 20, 1929, AND RECORDED AT VOLUME 434, PAGE 328 of THE DEED RECITY OF AUSTIN, TEXAS 502 502 CORDS OF TRAVIS COUNTY, TEXAS; AND ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: SECTION 1. The certain ordinance entitled, "An ordinance amending an ordinance entitled; An ordinance establishing zoning regulations and districts in accordance with a comprehensive plan; and regulating and districting the height, number of stories and size of buildings and other structures, the percentage of lot that maybe occupied, the size of yards, courts and other open spaces, the density of population, the location and use of buildings, structures, and land for trade industry, residences and other purposes; and dividing the City of Austin into districts or zones and regulating and districting the erection, construction, reconstruction, alteration, repair and use of buildings, structures or land within such districts or zones, and providing uniform regulations for the several classes and kinds of buildings or structures and uses within the districts or zones; and adopting two zoning maps, disclosing respectively the several use districts and the several height and area districts, and the restrictions and limitations and provisions applicable to such districts; and providing for a Board of Adjustment and defining the powers of same; and providing certain penalties and remedies; and declaring an emergency," which ordinance was passed by the City Council on July 17, 1941, and recorded in Ordinance Book "L", pages 152-174, 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 301-318, both inclusive of the Ordinance Records of the City of Austin, be and the same is hereby amended as follows: (a) The USE designation is hereby changed from "A" Residence District and first height and area district to "C" Commercial District and Second Height and area district on the following described property: Lots 7 to 12, inclusive, in Block 4, Hartwell Addition in the City of Austin, Travis County, Texas (b) The USE designation is hereby changed from "A" Residence District and firstheight and area district to "C" Commercial District and second height and area district on the following described property: (1) Lots 6, 7, 8, 9, 10, 12, 13, 14 and 15, in Block 2 of the Pecan Grove Addition in the City of Austin, Travis County, Texas (2) The north 312.5 feet of that tract or parcel of land conveyed by Jessie Ramsey Murray, et al to R. Thomas Spaw and wife, Bessie Spaw, by deed dated March 20, 1929, and recorded at Volume 434, Page 328 of the Deed Records of Travis CITY OF AUSTIN, TEXAS 503 503 County, Texas, said tract fronting on the West Side of Jessie Street and extending west therefrom to a depth of approximately 90 feet, and which tract consists of all of the said Spaw property not previously zoned as a "C" Commercial District. SECTION 2. It is hereby ordered that the USE Maps accompanying said ordinance, and made a part thereof, shall be changed so as to record the changes ordered in Section 1 of this Ordinance. SECTION 3. WHEREAS, an emergency is apparent for the immediate preservation of order, health, safety and general welfare of the public that requires this Ordinance become effective immediately, therefore it will be effective from and after the date of its passage as made and provided by the Charter of the City of Austin. 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 carried by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry Noes: and Wolf None Absent: Councilman Alford The ordinance was read the second time and Councilman Bartholomew moved that the rule be suspended, and the ordinance be passed to its third reading. The motion carried by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry. Noes: and Wolf None Absent: Councilman Alford ordinance be finally passed. The motion carried by the following vote: tion: The Ordinance was read the third time, and Councilman Wolf moved that the Ayes: Councilman Bartholomew, Mayor Miller, and Councilmen Thornberry and Wolf Noes: None Absent: Councilman Alford Mayor Miller then announced that the ordinance had been finally passed. Councilman Wolf presented the following resolution and moved its adop(RESOLUTION) WHEREAS, by virtue of a judgment and order of sale in Cause No. 45,781 in the 53rd District Court of Travis County, Texas, styled City of Austin v. Mary Blandino, the City of Austin acquired at tax sale all right, title and interest of Mary Blandino in the property hereinafter described, and WHEREAS, after said sale redemption of said property was commenced by the payment of partial payments from time to time on the taxes then owing on said property, and WHEREAS, at this time all such taxes, including all taxes involved in 504 504 CITY OF AUSTIN, TEXAS said suit and all costs of court therein and all subsequently accuring taxes up to and including the year 1945, due to the City of Austin, together with penalty and interest thereon, have been fully paid by the Estate of Mary Blandino, deceased, 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 on behalf of the City to execute a QUITCLAIM deed to Clotilda B. Meserole and Martina Blandino, the heirs of Mary Blandino, deceased, quitclaiming to the said Clotilda B. Meserole and Martina Blandino all right, title and interest of the City of Austin in the Southwest 110'x 150' of Block 2, Outlot 5, Division "O", as shown on Plat 23 of the City Tax Assessor's Plat Book of the City of Austin. 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 The following report of the Zoning Board was received: "Austin, Texas June 8, 1946 Hon. Mayor and City Council Austin, Texas Gentlemen: At a meeting held on June 4, 1946, the Board of Adjustment considered the attached application of M. B. Turner, Sr., J. D. Young, and H. J. Williamson for the extension of the "C" Commercial District to include all of their property located in the 1700 and 1800 blocks of Fredericksburg Road as indicated on the attached plat, which you referred to the Zoning Board of Adjustment on May 30, 1946, for a recommendation. 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 this property 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 owners of the property because the residential portion of the prop- erty would be practically unusuable for that purpose. The Board feels that the entire property should be commercial to allow the owners full benefits of the zoning in the use of their 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 Road 150 feet deep as a commercial zone regard 505 505 CITY OF AUSTIN, TEXAS less 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 ex- tending the Commercial Zone to the rear of the lots as in the case in this application. The Board, therefore, urges the Council to make this change as requested in this application. 18/ Respectfully submitted, H. F. Kuehne, Chairman, Board of Adjustment." The Council then set the date of July 3, 1946, 11 A. M. for the public hearing on the request of M. B. Turner, Sr., J. D. Young and H. J. Williamson for a change of their property located in the 1700 and 1800 blocks of Fredericksburg Road from "A" Resident to "C" Commercial, The following report was received from the Zoning Board: "Austin, Texas June 8, 1946 Hon 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 June 6, 1946: 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 Jack Lebo, through his attorneys, Smith and Pollard, requesting a change in the Use designation of the following property: Lot 14, Outlots 41 and 42, Division "D" Longview Terrace, being located at the southeast corner of Longview and 24th streets, from "A" Residence District to "B" Residence District; and WHEREAS, this application is for changing the Use classification of this property for the purpose of erecting a sorority house as stated in the application; and WHEREAS, the Board of Adjustment held a hearing on this application at a meeting on May 21, 1946, at which the applicant was unable to be present to plead for the change; and WHEREAS, at the hearing a large number of property owners appeared protesting this change, and several written protests were filed, on the grounds that the property in this neighborhood is developed for residential purposes and they wished to retain the present zohing classification, and affirmed that to change 5c6 506 CITY OF AUSTIN, TEXAS the zoning to permit a sorority house on the applicant's property would be detrimental to their property as homes, and create serious traffic congestion and hazards due to the fact that many of the streets in this section are deadend streets and not continuous, and that the greater portion of the traffic in this area originates therein, and that the peace, quiet and safety in the neighborhood would be endangered by this use; and WHEREAS, no action was taken by the Board at this meeting in order to give the applicant a chance to plead his case; and WHEREAS, Jack Lebo, applicant, W. R. Smith, Jr. and Harry Pollard, Attorneys, appeared before the Board at a meeting on June 4, 1946, and plead for the proposed change; and WHEREAS, the Board again took no action on the matter but considered the change at a special meeting on June 6, 1946; and WHEREAS, it is now contemplated by the City Council to amend the Ordinance so as to provide separate and distinct residential districts wherein fraternities and sororities and similar uses will not be permitted in addition to the present "B" Residence uses and other districts in which the usual "B" Residence uses would be permitted, but excluding fraternities, sororities and similar occupancies; and WHEREAS, the amendment to the Ordinance in this respect is now in preparation by the Board of Adjustment at the request of the City Council after a careful survey of the present distribution of the fraternities, sororities and student cooperatives; and WHEREAS, the Board deemed that until such an amendment has been adopted by the City Council and the new district boundaries determined and shown on the zoning maps of the City of Austin it would not be wise to grant any further individual amendments to the Ordinance for singe lots and further dispersion of these particular uses over the protests of existing residential neighborhoods therefore BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF AUSTIN: THAT the change in the Use designation of the above property for this specific purpose be not recommended to the City Council. /s/ Respectfully submitted, BOARD OF ADJUSTMENT, H. F. Kuehne, Chairman " The Council agreed to hold this report up until Messers Smith and Pollard, attorneys for the applicant, Jack Lebo, could be contacted to find out if a public hearing was desired. The purchase of a park in Govalle came up again for discussion. The Mayor requested the City Manager and the City Engineer to find out whether the building of the overpass near the Walker Tract, now under consideration for the park, would be detrimental to the use of the property as a park and playground. If this installation would not in any way interfer with the use of the property as a park and playground, then the City Manager was authorized to offer the owners of the property $700 an acre and try to work out a trade. The Mayor stated that he thought the City should acquire 2 acres from Judge Gibson so as to provide streets around the proposed park and thereby facilitate traffic in this area. 507 507 CITY OF AUSTIN, TEXAS Councilman Thornberry stated that he would like to see the property before the final decision was made, and the City Manager is to take him out to see it. City Attorney O'Quinn made the following report on the Fire Station Bonds which had been submitted to the Attorney General for an opinion: The Attorney General approved the bonds under the provisions of Article 1175, Paragraph 10, Revised Civil Statutes of Texas, which states that bonds voted by a home-rule city do not require a two-thirds majority, but that a majority is sufficient to pass bonds. Mr. O'Quinn stated that at the time he had sent the transcript on the Fire Station Bonds to the Attorney General he sent a duplicate of same to the firm of Wood, Hoffman, King and Dawson, Bond Attorneys, with offices in New York. This firm has handled nearly all of the bonds issued by the City of Austin and therefore know the financial set-up of the City. Mr. O'Quinn received a wire from this firm on this date stating they would approve the bonds as they considered a majority was all that was needed to authorize the issuance of the bonds. A discussion of the question of whether the citizens should be given a chance to decide whether a majority or a two-thirds majority was necessary to pass the bonds since the two-thirds majority had been stated would be necessary during the bond campaign. After an explanation by the City Attorney, the Council decided that there was no moral obligation on the Council's part to the citizens of Austin regarding the question of the majority being all that was necessary to pass the bonds. The Mayor stated that the most urgent of the bond issue proposals was the purchase of the right-of-way on East Avenue for the International Highway. The City Attorney advised that it would be impossible for get the Highway rightof-way bonds approved by the Attorney General until after the Supreme Court renders a decision on the San Antonio Highway bond suit, which would probably be sometime this summer. The Mayor introduced the following ordinance: AN ORDINANCE LEVYING TAXES FOR THE CITY OF AUSTIN FOR THE YEAR 1946, AND DIRECTING THE ASSESSMENT AND COLLECTION THEREOF. Councilman Wolf moved that the ordinance be read the first time and the rule be suspended and same passed to the second reading. The motion prevail ed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noes: None Absent: Councilman Alford The ordinance was read the second time and Councilman Wolf moved that the rule be suspended and same passed to the third reading. The motion prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noes: None Absent: Councilmand Alford The ordinance was read the third time and Councilman Wolf moved that CITY OF AUSTIN, TEXAS 508 508 the ordinance be finally passed. The motion prevailed by the following vote: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf None Councilman Alford adoption: Ayes: Noes: Absent: The Mayor then announced that the ordinance had been finally passed. Councilman Thornberry offered the following resolution and moved its (RESOLUTION) WHEREAS, Frank Rundell is the Contractor for the alteration of a building located at 921-923 Congress Avenue and desires a portion of the alley space abutting Lot 6, Block lll, of the Original City of Austin, Travis County, Texas, 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 granted to said Frank Rundell, the boundary of which is described as follows: Alley Working Space Beginning at the southeast corner of the above described property; thence in an easterly direction and at right angles to the centerline of the alley 8 feet to a point; thence in a northerly direction and parallel to the centerline of the alley approximately 40 feetp thence in a westerly direction and at right angles to the centerline of the alley to the northeast corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said Frank Rundell, hereinafter termed "Contractor", upon the following express terms and conditions: (1) That the Contractor shall construct a guard rail within the boundary line along the north, east 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 the Contractor is permitted to construct in his working space a substantial gate which shall be kept closed at all times when not in use, and at all times that such gate is open, the Contractor shall maintain a person at this gate to warn pedestrians and vehicles of approaching trucks. This gate is not to open out so as to impede vehicular or pedestrian traffic. (3) That "No Parking" signs shall be placed on the alley side of the barricades. (4) That the Contractor is permitted to construct a temporary work office within such allotted working space. (5) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (6) That provisions shall be made for the normal flow of all storm 509 509 CITY OF AUSTIN, TEXAS waters in the gutter and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (7) 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. (8) That the Contractor shall remove all fences, barricades, 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 later than August 1, 1946. (9) 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. (10) 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. (11) 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. (12) That the Contractor shall furnish the City of Austin a surety bond in the sum of Five Thousand Dollars ($5,000.00), which shall protect, indemnify and hold harmless the City of Austin from any claims or damages to any person or property that may accrue 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 guarantee the replacement of all sidewalks, pavement and all other public property and public utilities disturbed or removed during the construction work and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the space. 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 A report was received from the Navigation Board regarding the conditions existing just below the Tom Miller Dam where a great many people go to fish. There are several persons selling fish bait and renting boats and the boats are unsafe and do not have the required safety equipment. The Board suggested that one person be given the concession to handle bait and boats and require that person to provide the boats with the proper safety equipment. The name of Pete Searight was suggested as the person to be given such a concession. After a discussion of this, the Council decided that the best solution would be to enforce the safety requirements for boats and, if the owners did not want to comply with these requirements, then they would have to give up their business, but they did not think it would be fair to restrict these rights otherwise. 510 510 CITY OF AUSTIN, TEXAS The following applications for taxicab operator's permits, duly approved by the City Manager, were submitted: Route 2, Box 451, Austin Allen, Thomas Joseph 4-door Ford Sedan, 1940 model, Motor #18-5516485, License AU 8555 Dismuke, Hubert A. 1017 West 11th st. 4-door, 1941 Chevrolet Sedan, Motor No. AA 1043, license FX 2249 Councilman Wolf moved that these permits be granted, and same prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noes: None Absent: Councilman Alford The following applications for taxicab driver's permits, duly approved by the City Manager, were submitted: Granted 60-day probationary permit Dismuke, Richard Howard 17 Chicon Jimerson, Samuel Wiseman 1636 S. 1st street Phelan, J. D. 1405 Guadalupe st. Swanson, Roy Clarence 702 West Avenue Thompson, Lorenzo 1145 Chicon Councilman Bartholomew moved that these permits be granted, and same prevailed by the following vote: Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noes: None Absent: Councilman Alford The application of Tucker Drug Company, S. W. corner of 8th and Colorado streets, for a beer and wine permit, duly approved by the City Manager, was submitted. Upon motion of Councilman Wolf, duly seconded by Councilman Thornberry, the permit was granted, with the following vote prevailing: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry Ayes: and Wolf Noes: None Absent: Councilman Alford The following boat licenses were requested: Deen, Grover C. 1700 Linscomb Thompson, Outboard, 5 passenger Felder, Fred E. Palestine, Texas Thompson, Outboard, 6 passenger Gaston, Wm. D. 3200 Hemphill Lyman, Outboard, 8 passenger Reed, Jr., Jack F. 1611 Watchill Road Ventmor, Sailboat, 2 passenger. Councilman Thornberry moved that same prevailed by the following vote: these licenses be granted, and the CITY OF AUSTIN, TEXAS 511 511 Ayes: Councilman Bartholomew, Mayor Miller, Councilmen Thornberry and Wolf Noes: None Absent: Councilman Alford July 11, 1946, 11 A. M. was the date set for the public hearing on the recommendations made by the Zoning Board for the proposed change in the Zoning Ordinance so as to provide certain sections for sorority and fraternity houses and the changing of "B" Residence Zone to "B-1" and "B-2" Residence Zones. City Attorney was instructed to prepare and have ready for the next Council meeting an amendement to the Traffic Ordinance covering the changes in traffic regulations on South Congress Avenue as recommended by the Traffic Department and the City Manager. The City Manager was authorized to enter into an agreement with Bascom Giles regarding the paving of the streets, and the sewer lines and refunds thereon in the Bascom Giles Addition No. 1 in accordance with the agreement made at a meeting with Mr. Giles, Mayor Miller, the City Manager and the Director of Public Works, There being no further business, upon motion made and duly seconded, the Council recessed, subject to the call of the Mayor, at 12:50 A. M. ATTEST: Hallia Mi vellan City Clerk APROVED, Jom Milla. Mayor