615 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting July 22, 1948 10:45 Α.Μ. Council Chamber, City Hall 615 The meeting was called to order, with Mayor Miller presiding. Roll call Present: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Absent : None Present also: Guiton Morgan, City Manager; J. E. Motheral, Director of Public Works; Trueman E. O'Quinn, City Attorney; and R. D. Thorp, Chief of Police. The reading of the Minutes was dispensed with. A committee from the Veterans of Foreign Wars Organization came before the Council and requested special permission to have their carnival show for nine days, to-wit, from August 26 through September 4, instead of for one week as provided for in the ordinance regulating carnivals. The committee further requested the use of the area west of Disch Field for their carnival. It was the sense of the Council that both requests be declined. A large group of florists, undertakers, and ministers of the City were present and submitted a request that, except in unusual instances, no funerals be held on Sundays. Resolutions adopted by the Austin Ministerial Association, the Austin Baptist Association, and the Methodist Ministers Alliance indorsing the movement were also submitted. After some discussion, the matter was postponed to the next regular meeting for a public hearing on same. The following report of the Board of Adjustment was received: "ZONING BOARD OF ADJUSTMENT AUSTIN, TEXAS ZONING CHANGE RECOMMENDATION. Applicant: Lewis R. Fisher, by Attorneys Jerome and Robert Sneed. I. Referred to the Board by the City Council on : July 1, 1948 II. Property affected: CITY OF AUSTIN, TEXAS 616 Lots Nos. 16, 17, 18, 19, Block 2, and Lots 2, 3, 4, and the east 100 feet of Lot 1, all of Lots 14, 15, and the south one-half of Lot 16, Block 3, all in Carrington Subdivision, Division "D". III. To be changed From: "A" Residence District and First Height and Area District To : "B-1# Residence District and First Height and Area District IV. Considered by the Board on: July 13, 1948, and July 20, 1948. V. Parties appearing: For : Lewis R. Fisher and Robert Sneed Against: Mr. and Mrs. R.B. Thrasher for themselves and the F.W.Hill Estate, and Dr. Jas. Kilgore; Dr. Donald P. Stevens; J. C. Hinsley for Dr. and Mrs. O. H. Radkey; Andy Montgomery; Dr. J. T. Patterson; and Mrs. G. M. Howell VI. Action of the Board: Change not recommended. For the following reasons: 1. This application is for the change of zoning on approximately ten lots as shown on the attached plat, which omits the west 70 feet of Lot 1, Block 3, and Lot 17 and a portion of Lot 16, Block 3. 2. The application is, in effect, a revision of and amendment to the previous application which included a much larger area for the purpose of securing a change of the applicant's property from "A" Residence District to "B-1 Residence District in order to use his property for apartment and lodging house purposes on the theory that having additional property included would not constitute a spot zone and to eliminate those who objected to a change of their property. 3. The area is irregular in shape and omits certain lots whose owners oppose the change and thus does not follow any definite zoning plan. 4. At another hearing on this application, a large number of property owners again protested and submitted a petition bearing sixteen names of property owners within 200 feet of the property covered by the application, which is more than twenty per cent of the affected area as established in the statute for protestants. (Sgd) H. F. Kuehne Chairman. The following memorandum from the Chairman of the Board of Adjustment was also submitted: CITY OF AUSTIN, TEXAS "July 22, 1948 617 Memorandum to : Mayor Miller and the City Council Memorandum from: H. F. Kuehne, Chairman of the Board of Adjustment. Reference is made to the new application of Mr. Lewis R. Fisher for a change in the zoning classification of property located south of West 22nd Street between Cliff Street and the alley east of David Street over which there has been considerable controversy and agitation for several years due to the unfortunate erecting of a large residence on a lot which is suited to an "A" Residence District and which constitutes an original error in the development of this property. The property has changed hands several times and the present owner finds himself in possession of a "white elephant" which does not fit into the neighborhood. The Board of Adjustment has been in sympathy with the difficulties which beset Mr. Fisher and has held several hearings on the question of changing the use classification of this property but which the neighborhood always has vigorously opposed. At a recent hearing, the Board endeavored to work out a compromise between Mr. Fisher and the property owners, and with the assistance of some of the protestants did effect a tentative agreement between the principal protestants and Mr. Fisher to solve the difficulty in a mutually satisfactory and amicable manner. Unfortunately, at the eleventh hour Mr. Fisher reversed himself and did not abide by the agreement and insisted on action on his application. If Mr. Fisher had cooperated with the property owners, an equitable and fair adjustment of his problem could have been made by virtue of the authority granted the Board of Adjustment by statute and City Ordinance in granting special exceptions to avoid unnecessary hardship and it would not require any zoning changes through amendments to the Ordinance and revisions of the zoning maps. The Board regrets the manner in which this case has terminated and feels that Mr. Fisher should have cooperated with the property owners and the Board of Adjustment since he is asking special and personal privileges because of a bad investment which was no fault of the neighborhood. This memorandum is written to you for the purpose of informing you of the position of the Board of Adjustment in its attempt to satisfy the applicant as well as the neighborhood in a peaceful manner since it has always been the policy of the Board to respect the rights of all property owners affected by any zoning problem. (Sgd) H. F. Kuehne. Pursuant to published notice, the public hearing on the application of Lewis R. Fisher to amend the Zoning Ordinance in the following particular: To amend the USE designation of the following described property so as to change the same from "A" Residence District to "B-18 Residence District: 618 CITY OF AUSTIN, TEXAS 618 Lots 16, 17, 18, 19, in Block 2, and Lots 2, 3, 4, and the east 100 feet of Lot 1, all of Lots 14 and 15, and the south one-half of Lot 16, in Block 3, all in Carrington's Subdivision, Division "D", of the City of Austin, Travis County, Texas, was then opened. lows: The following appeared and plead for the change, substantially as folJerome and Robert Sneed, Attorneys for proponent, Lewis R. Fisher, and Lewis R. Fisher himself, who declared that the agreement was to change the zoning from "A" Residence District to "B-14 Residence District with restrictions that the property cannot be used for a sorority, fraternity, or boarding house unless by written consent of the property owners within 200 feet, or unless the City Council ultimately changes the entire area to make it a B-10 zone, or a less restrictive zone; that proponent wants to put in five apartments to rent to students and not use the house for a boarding or rooming house, or a fraternity or sorority, and that he is willing to write an agreement that he will not use it for those purposes. The following appeared and opposed the change, substantially as follows: Ben Thrasher, represent four property owners, declared that he has made no agreement and that he is against any change from A to "B-18. Andy Montgomery, representing himself and wife, declared that they were not in favor of changing the zone, but were willing to try to work out a compromise if Mr. Fisher would withdraw his petition for a change in zoning. Donald P. Stevens declared that they felt they were making a major concession to allow four apartments instead of two and that Mr. Fisher wants not only five apartments, but also roomers; that he, Donald P. Stevens, built his home there in 1942 because it was a desirable residential neighborhood and near the University; that if it is made a "B-1# zone for apartments it would be an inroad for a "B" zone and that he could not then sell his property to anybody for residential purposes. Brown Robbins declared that he is a large property owner in that area and that a large majority there think they will be hurt by the change; that it is not fair to property owners who built their homes there to make the change just to enable one man to use his property; and that his chief objection is the traffic hazard it will create. J. C. Hinsley, Attorney for Dr. O. H. Radkey, stated that his client was against the change because it is spot zoning; that he is unalterably opposed because it represents a radical change in the character of the neighborhood, and to put so many people on such a small area is not in accordance with the harmony and spirit of the Zoning law; and that unless Mr. Fisher agrees to limit the number of occupants in the house, they would not be agreeable. Mrs. G. M. Howell and Miss Kathleen Howell also protested the change. Action on the matter was then postponed for two weeks in order that 17 CITY OF AUSTIN, TEXAS 619 the opposing parties to try to effect a compromise whereby the matter could be settled by a variation to be granted by the Board of Adjustment. Pursuant to published notice thereof, the public hearing on the application of M. H. Crockett to amend the Zoning Ordinance in the following par- ticular : To amend the USE designation of the following described property so as to change the same from "A" Residence District to C# Com mercial District: The south 79 feet of Lot 4, and all of Lots 5 and 6, in Block 6, H. B. Seiders Subdivision, in the George W. Spear League, located between West 39 Street and West 40th Street, in the City of Austin, Travis County, Texas, was duly opened. ent. lows: The following appeared and plead for the change: M. H. Crockett, proponThe following appeared and opposed the change, substantially as fol- Mrs. Edgar McCann, Mrs. A. L. Nelson, and Arthur Crawford, representing the J. F. Kucksinger Estate, declared that they opposed the change on the grounds that there are two community centers in that area already; that they do not know what is proposed to be built there and are definitely opposed to a tourist court, filling station, or cleaning establishment; and, further, that they built their homes there and have no other place to live, and that they do not think business should be allowed there. Action on the matter was deferred by the City Council for an inspection of the property. It was moved by Councilman Johnson that the application of W.W.Patterson and Lem Scarbrough for a change in zoning, from #Aff Residence District to C# Commercial District, of Lots 3 and 4, Block 15, and Lots 13 and 14, Block 4, The Highlands, located on the west side of Duval Street north and south of East 51st Street, public hearing on same having been held May 27, 1948, be granted, and the City Attorney be instructed to have the ordinance prepared for passage at the next regular meeting. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None : It was moved by Councilman Johnson that the application of J. C. Powell for a change in zoning, from A Residence District to C# Commercial District of all of Lot 3, Decker League, being a tract located south of the Colorado River between Lamar Boulevard and Fredericksburg Road and north of the D. C. Bradford tract, except the southeast 75'x225', be granted, and the City Attorney be instructed to have the ordinance parpared for passage at the next regular meeting. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None CITY OF AUSTIN, TEXAS 620 Councilman Johnson offered the following resolution and moved its adoptions (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 in behalf of the City of Austin to accept a deed from Joe C. Powell and wife, Ida Ross Powell, Victor Powell and wife, Mary Louise Powell, and Joseph G. Powell, conveying to the City of Austin approximately 2.29 acres of land described below, and to pay to the grantors the sum of $16,000.00 in cash, for the City, as consideration said land being described by metes and bounds as follows: , 2.29 acres of land, more or less, same being partly out of the north one-half (1/2) of a 7.6 acre tract of land out of the Eugenia Paggi place in the W. E. Goodrich Estate, a subdivision by W. E. Goodrich of a portion of the Isaac Decker League within Travis County, Texas, according to a map or plat of the said Goodrich Estate of record in Volume 27 at page 374 of the Deed Records of Travis County, Texas, which north one-half of said 7.6 acre tract of land was conveyed to Joseph Powell and Victor Powell by warranty deed dated August 7, 1933, of record in Volume 491, at page 336, of the Deed Records of Travis County, Texas, and a life interest in and to said north one-half (1/2) of said 7.6 acre tract was conveyed to J. C. Powell by estate deed dated August 7, 1933, of record in Volume 491, at page 333, of the Deed Recorda of Travis County, Texas, and also being out of that certain tract or parcel of land out of said Eugenia Paggi place which was conveyed to Joseph Powell and Victor Powell by warranty deed dated the 9th day of December, A. D. 1940, of record in Volume 667, at pages 12-13, of the Deed Records of Travis County, Texas, and which said tract or parcel of land was quitclaimed to the said Joseph Powell and Victor Powell by Marie Paggi by instrument dated December 14, 1940, of record in Volume 667, at pages 14-15, of the Deed Records of Travis County, Texas, and which 2.29 acres of land is more particularly described by metes and bounds as follows: Beginning at a point in the south waters edge of the Colorado. River, said point also being in the east fence line of the said Powell tract, same being the west fence line of the old Fredericksburg Road; Thence with the east fence line of the said Powell tract, same being the west fence line of the old Fredericksburg Road, in a southwesterly direction to an iron pipe; Thence N. 70°431 W. 240.04 feet to an iron pipe on the east line of Lamar Boulevard, and from which iron pipe another iron pipe at the point of intersection of the east line of Lamar Boulevard with the south line of the said Powell tract bears S. 200478 W. 355.38 feet; Thence with the east line of Lamar Boulevard N. 20047 E. to a point in the waters edge of the Colorado River; 1 CITY OF AUSTIN, TEXAS 621 Thence downstream with the waters edge of the Colorado River and its meanders to the place of beginning. Said field notes having been surveyed and prepared by Billy Priest and W. K. Kingsbury, July 9, 1948; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: (1) It is understood that a portion of the land conveyed to the City is under lease to James 0. Gerst and Franklin L. Tuttle as a miniature golf course and the City accepts conveyance of the property subject to said lease, and it is understood that all rents from and after July 24, 1948, shall be payable directly to the City of Austin. (2) The City of Austin agrees that no portion of the land south of the present recognized old right of way of Robert E. Lee Road conveyed by grantors will be resold by the City for commercial or other purposes, but that said land is being purchased for right of way and other public purposes. (3) In accepting the deed which conveys the present right of way of the old Robert E. Lee Road the City of Austin does not recognize the title of grantors to said right of way, but the same is included in the field notes of the deed for the purpose of clearing title thereto, and it is understood that the warranty of grantors does not extend to said old right of way. (4) It is understood that no assessment will be made against grantors, their heirs or assigns, for the initial paving and sidewalks on the improved Robert E. Lee Road from old Fredericksburg Road westward to Lamar Boulevard and adjacent to the property retained by grantors. (5) The City will construct necessary and adequate drains from Lamar Boulevard and the Robert E. Lee Road so as not to permit flooding of surface water upon the Powell premises retained. (6) The City, State, and County taxes on the property conveyed by the Powells will be prorated for the year 1948 as of July 24, 1948, and grantors shall be liable for such taxes on said property only up to said date. (7) Grantors shall retain the old board fence immediately south of the present Robert E. Lee Road right of way and shall remove said fence to grantors property without cost to the City of Austin. Which motion, carrying with it the adoption of the resolution, carried by the following votes Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The following report of the Board of Adjustment was received: CITY OF AUSTIN, TEXAS #ZONING BOARD OF ADJUSTMENT AUSTIN, TEXAS ZONING CHANGE RECOMMENDATION 622 Applicant: N. J. Ferris and A. G. Ferris I. Referred to the Board by the City Council on : July 8, 1948. II. Property affected: 1.93 acres out of the Isaac Decker League lying west of and adjacent to South Lamar Boulevard approximately 300 feet north of Butler Road. III. To be changed From : AC# Commercial District and First Height and Area District To : #C-1 Commercial District and First Height and Area District IV. Considered by the Board on: July 20, 1948 V. Parties appearing: For : A. G. Ferris Against: None VI. Action of the Board: Change recommended. For the following reasons: 1. Since all of the property to the south of this tract and north of Barton Springs Road and all of the property on the east side of the Boulevard from Barton Springs Road to the J. C. Powell tract is now zoned as "C-1 Commercial District, the change of this property would merely be an extension of the present #C-1" zone and would tend to eliminate any discrimination between any of these properties. 2. In view of the particular character of the location of this property, being bounded on two sides by City-owned property and a "C-1 Commercial District on the south, it is evident that the entire from Barton Springs Road to the Colorado River is no longer adaptable and desirable nor economically suitable for residential purposes and, therefore, would have to receive a lower classification of commercial development in order to provide for proper development of the property. 3. It is deemed that this change would, therefore, not adversely affect any surrounding property nor the economic interests of any property owners adjacent thereto. (Sgd) H. F. Kuehne Chairman. CITY OF AUSTIN, TEXAS 623 Councilman Glass moved that a public hearing on the foregoing change in zoning be called for Thursday, August 12, 1948, at 11:00 A. M. The motion carried by the following vote: Ayes : Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The following report of the Board of Adjustment was received: #ZONING BOARD OF ADJUSTMENT AUSTIN, TEXAS ZONING CHANGE RECOMMENDATION Applicant: Samuel P. and Mary Lee Ingram and Mrs. Ethel Hartman I. Referred to the Board by the City Council on : June 17,1948, and July 1, II. Property affected: 1948 Lots E (461x2001), and C (601x2001) of Outlot 6, Division "E", Unplatted, being located at 1206 and 1210 West Avenue and shown on the attached plat. III. To be changed From: "A" Residence District and First Height and Area District To : cf Commercial District and Second Height and Area District IV. Considered by the Board on: July 20, 1948 (and June 30, 1948) V. Parties appearing: For : Samuel P. Ingram and L. P. Pierron, who asked that his lot also be included in the change. Against: Mrs. Slade for her mother, Mrs. Florence A. Crofoot. VI. Action of the Board: Change to #C# Commercial not recommended but change to "B" Residence District and Second Height and Area District recommended and to also include Lot D (42.52x198) and the north 29'x200 of Lot F. For the following reasons: 1. These applications involve two lots, one of which is adjacent to the property of the Austin Public Schools and the other separated by onehalf of a lot from the present commercial zone at the corner of West Avenue and 12th Street, with one lot between these two lots owned by L. P. Pierron. At the hearing of the Board of Adjustment, Mr. Pierron also requested his property to be included in any change which might be made on the other properties. CITY OF AUSTIN, TEXAS 624 2. Objection was raised by the owner of the property adjacent to the present commercial zone but one-half of her lot is already zoned as C# Commercial and in strict accordance with the Ordinance all of the lot would be considered a commercial zone. 3. After careful consideration of this proposed change, the Board deemed that since West Avenue is a heavily traveled street, the Senior High School is opposite this property, and the public school gymnasium and band-practice building is adjacent to this property, these lots are not suitable for "A" Residence uses but also deemed that to change them to #C# Commercial would increase the traffic hazards to the school children. 4. The Board further deemed that, due to the location of this property and the conditions surrounding it, the best interests of the property owners and the City would be served by changing this property from "A" Residence District to B Residence District. (Sgd) H. F. Kuehne Chairman. Councilman Glass moved that a public hearing on the foregoing change in zoning be called for Thursday, August 12, 1948, at 11:00 A. M. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The application of Austin Development Company, by A. B. Beddow, for change in zoning, from "A" Residence District to "C" Commercial District, of Block C, Crestview Addition, Section No. 2, was received. Councilman Johnson moved that the matter be referred to the Board of Adjustment for consideration and recommendation. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The application of J. A. Nelson for a change in zoning, from A Residence District to C# Commercial District, of property located at 2101 and 2103 Swisher Street, was received. Councilman Johnson moved that the matter be referred to the Board of Adjustment for consideration and recommendation. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The Mayor called up for its third reading, 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 REGULA TIONS 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, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION 622 CITY OF AUSTIN, TEXAS 625 FROM A RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "D" INDUSTRIAL DISTRICT AND THIRD HEIGHT AND AREA DISTRICT ON A CERTAIN TRACT OF LAND LYING BETWEEN EAST 7TH STREET, PLEASANT VALLEY ROAD, HIDALGO STREET, AND CALLES STREET, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND DECLARING AN EMERGENCY. The ordinance was read the third time and Councilman Johnson moved that the ordinance be finally passed. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The Mayor thereupon announced that the ordinance had been finally passed. The Mayor called up for its second reading, 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 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION FROM "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO #C COMMERCIAL DISTRICT AND SECOND HEIGHT AND AREA DISTRICT ON A PORTION OF A CERTAIN ONE-ACRE TRACT OUT OF THE GEORGE W. SPEAR LEAGUE, LOCATED 132 FEET SOUTH OF ORAN STREET IN 4800 BLOCK OF BURNET ROAD; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND DECLARING AN EMERGENCY. The ordinance was read the second time and Councilman Johnson moved that the rule be suspended and the ordinance be passed to its third reading. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The ordinance was read the third time and Councilman Johnson moved that the ordinance be finally passed. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The Mayor then announced that the ordinance had been finally passed. The Mayor called up for its third reading, the following ordinance: kem le CITY OF AUSTIN, TEXAS 626 AN ORDINANCE PROVIDING FOR CLASSIFICATION OF ALL FIREMEN AND POLICEMEN IN THE CITY OF AUSTIN; AND PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION; AND ESTABLISHING THE OFFICES AND POSITIONS IN THE FIRE DEPARTMENT AND THE POLICE DEPARTMENT OF THE CITY OF AUSTIN; AND SUSPENDING THE RULE REQUIR ING THIS ORDINANCE TO BE READ ON THREE SEPARATE DAYS. The ordinance was read the third time and Councilman Johnson moved that the ordinance be finally passed. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The Mayor then announced that the ordinance had been finally passed. AN ORDINANCE AUTHORIZING THE MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS TO CONSTRUCT, MAINTAIN AND OPERATE A RAILWAY SPUR TRACK IN, UPON, OVER AND ACROSS SPRINGDALE AVENUE IN THE CITY OF AUSTIN, SUBJECT TO CERTAIN CONDITIONS; AND DECLARING AN EMERGENCY. The ordinance was read the third time and Councilman Bartholomew moved that the ordinance be finally passed. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The Mayor then announced that the ordinance had been finally passed. 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; 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 MAY 6, 1937, AND IS RECORDED IN BOOK #KA, PAGES 159-179, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, BY AMENDING SECTION 22(f) OF ARTICLE IV RELATING TO TWO-HOUR PARKING LOCATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. 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: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None 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: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None 627 CITY OF AUSTIN, TEXAS 627 The Mayor then announced that the ordinance had been finally passed. The Mayor called up for its second reading, the following 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 67.69 ACRES OF LAND OUT OF THE GEORGE W. SPEAR LEAGUE, IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDA RY LIMITS OF THE CITY OF AUSTIN, IN THE PARTICULARS STATED IN THE ORDINANCE, The ordinance was read the second time and Councilman Glass moved that the rule be suspended and the ordinance be passed to its third reading. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The ordinance was then read the third time and Councilman Glass moved that the ordinance be finally passed. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The Mayor then announced that the ordinance had been finally passed. Councilman Glass 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 MAY 6, 1937, AND IS RECORDED IN BOOK #KA, PAGES 159-179, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, BY AMENDING SECTION 12(b) OF ARTICLE III RELATING TO STOP SIGN LOCATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Glass moved that the rule be suspended and the ordinance be passed to its second reading. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The ordinance was then read the second time and Councilman Glass moved that the rule be further suspended and the ordinance be passed to its third reading. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The ordinance was then read the third time and Councilman Glass moved CITY OF AUSTIN, TEXAS 628 that the ordinance be finally passed. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The Mayor then announced that the ordinance had been finally passed. Councilman Johnson 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: (1) A gas main in PEASE ROAD, from Enfield Road north 273 feet, the centerline of which gas main shall be l foot west of and parallel to the east property line of said Pease Road. Said gas main described above shall have a cover of notless than 2 feet. (2) A gas main in EAST 32ND STREET, from a point 87 feet west of Chestnut Avenue easterly to Chestnut Avenue, the centerline of which gas main shall be 7.5 feet south of and par- allel to the north property line of said East 32nd Street. Said gas main described above shall have a cover of not less than 2 feet. (3) A gas main in CHESTNUT AVENUE, from a point 174 feet north of East 32nd Street, southerly 618 feet, 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 notless than 2 feet. (4) A gas main in SABINE STREET, from East 6th Street northerly 160 feet, the centerline of which gas main shall be 28 feet west of and parallel to the east property line of said Sabine Street. Said gas main described above shall have a cover of not less than 22 feet. (5) A gas main in WEST ELIZABETH STREET, from Newton Street westerly 400 feet, the centerline of which gas main shall be 20 feet south of and parallel to the north property line of said 62 CITY OF AUSTIN, TEXAS 629 West Elizabeth Street. Said gas main described above shall have a cover of notless than 2 feet. (6) A gas main in EAST 55TH STREET, from a point 405 feet east of Bennett Avenue easterly 114 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said East 55th Street. Said gas main described above shall have a cover of notless than 2½ feet. (7) A gas main in JUNIPER STREET, from a point 207 feet east of Waller Street easterly 36 feet, the centerline of which gas main shall be 10 feet south of and parallel to the north property line of said Juniper Street. Said gas main described above shall have a cover of notless than 2 feet. (8) A gas main in EAST 4TH STREET, from a point 159 feet east of Pedernales Street easterly 147 feet, the centerline of which gas main shall be ll feet north of and parallel to the south property line of said East 4th Street. Said gas main described above shall have a cover of notless than 20 feet. (9) A gas main in HARMON AVENUE, from a point 10 feet south of East 55th Street northerly 65 feet, the centerline of which gas main shall be 7.5 feet west of and parallel to the east property line of said Harmon Avenue. Said gas main described above shall have a cover of not less than 2 feet. (10) A gas main in FREDERICKSBURG ROAD, from a point 35 feet south of Blue Bonnet Lane northerly 68 feet, the centerline of which gas main shall be 5 feet west of and parallel to the east property line of said Fredericksburg Road. Said gas main described above shall have a cover of not less than 20 feet. (11) A gas main in BLUE BONNET LANE, from Fredericksburg Road to Del Curto Road, the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said Blue Bonnet Lane. Said gas main described above shall have a cover of not less than 2 feet. (12) A gas main in DEL CURTO ROAD, from Blue Bonnet Lane southerly approximately 1157 feet, the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said Del Curto Road. CITY OF AUSTIN, TEXAS 630 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 toelevations 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 franchise granted to said Company by the City of Austin. Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None Councilman Glass introduced 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, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION FROM A RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND FIRST HEIGHT AND AREA DISTRICT ON CHR TAIN LOTS IN BLOCK 2 OF EDWARD SEIDERS SUBDIVISION, AND CHANGING THE USE DESIGNATION FROM A RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO AC COMMERCIAL DISTRICT AND SECOND HEIGHT AND AREA DIST. RICT ON CERTAIN LOTS IN BLOCKS "X" AND "W# OF J.E. BOULDIN SUBDIVISION; ALL OF SAID PROPERTY BEING IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND DECLARING AN EMERGENCY. CITY OF AUSTIN, TEXAS 631 The ordinance was read the first time and Councilman Glass moved that the rule be suspended and the ordinance be passed to its second reading. The motion carried by the following votes Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The ordinance was read the second time and Councilman Glass moved that the rule be further suspended and the ordinance be passed to its third reading. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The ordinance was read the third time and Councilman Glass moved that the ordinance be finally passed. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The Mayor then announced that the ordinance had been finally passed. The application of GEORGE M. TURNER, 410 West llth Street, for a taxicab license covering a 1946 Model, 4-door Sedan, Motor No. DAA-34525, State License No. JC-9658, duly approved by the City Manager, was submitted. Councilman Johnson moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The application of IRA KAVANAUGH, JR., 1123 East 11th Street, for a license to operate as a taxicab a 1942 Chevrolet 2-door Sedan, License No. JE-2330, Motor No. BA-154011, duly approved by the City Manager, Councilman Johnson moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The application of FRANK PAUL JANACEK, 1926 Newning Avenue, for a taxicab driver's permit, duly approved by the City Manager, was submitted. Councilman Glass moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The application of MARK DEBAKEY, 506 Brazos Street, for a beer license, duly approved by the City Manager, was submitted. Councilman Glass moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The application of CUBAN INN, by Joe M. Trevino, 1614 Rosewood Avenue, for a wine and beer license, duly approved by the City Manager, was submitted. Councilman Glass moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None CITY OF AUSTIN, TEXAS 632 The application of LUCY'S DRIVE-IN, by Mrs. W. L. Davis, 6706 Dallas Highway, for a wine and beer license, duly approved by the City Manager, was submitted. Councilman Glass moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The application of CECIL'S BARBECUE KITCHEN, 316 East 6th Street, by Cecil R. Bird, for a wine and beer license, duly approved by the City Manager, was submitted. Councilman Glass moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None The following applications for private boat licenses, duly approved by the Navigation Board, were submitted: Owner Description Cyrus, Charles - 1703 Linscomb Avenue Old Town, Guide's Model, Canoe, 1948 Model, 5-passenger Lindsay, W.B.-1905 South Congress Ave. Home-made, Runabout, 8 years old, 6-passenger Councilman Johnson moved that the applications be granted. The motion carried by the following vote: ion: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None Councilman Johnson offered the following resolution and moved its adopt(RESOLUTION) WHEREAS, the 80th Congress of the United States has passed, and President Truman has signed, Public Law 796 providing for the transfer to educational institutions of the title to veterans' housing facilities erected under the terms of the Lanham Act on land owned by said educational in- stitutions; and WHEREAS, the request of said educational institution for such transfer is required to be supported by a resolution of the governing body of the municipality having jurisdiction in the area specifically approving the waiver of the provisions of Section 313 of said Lanham Act; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, which has jurisdiction over the area in which Project Tex-V-41756, Austin, Texas, of the Samuel Huston College is located: That the waiver of the removal requirements of Section 313 of the Lanham Act (Public Law 849, 76th Congress, as amended) with respect to said project is hereby specifically approved in accordance with Public Law 796, 80th Congress. Which motion, carrying with it the adoption of the resolution, carried CITY OF AUSTIN, TEXAS 633 by the following vote: ion: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None Councilman Glass offered the following resolution and moved its adopt(RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Councilman Will T. Johnson and Councilman E. C. Bartholomew be, and they are hereby, appointed as a committee to canvass the returns of the Special Election held in the City of Austin, Texas, on July 19, 1948, and they are hereby instructed to report to the City Council the results of such canvass. Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None Councilman Bartholomew offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on the 27th day of May, 1948, a resolution was duly passed by the City Council of the City of Austin, Texas, giving notice of its intention to pass an ordinance providing for the submission to the qualified property taxpayers of the City of Austin and of the Independent School District of Austin, for adoption or rejection, at an election to be held for such purpose, a certain proposition as to the levy and collection of a public school maintenance tax not exceeding one dollar and fifteen cents on the one hundred dollars worth of taxable property in the City of Austin and the Independent School District of Austin; and WHEREAS, in accordance with law, notice of intention to submit such proposition at such election was given by publication in the Austin American and the Austin Statesman, newspapers of general circulation published in said City of Austin, which notice was published in each of said newspapers consecutively for ten (10) days, beginning May 28, 1948, and ending with publication on June 6, 1948, the first of said publications being twenty (20) days before the passage of said ordinance; and WHEREAS, under and by virtue of the terms of the certain ordinance passed by the City Council and approved by the Mayor of said City, on the 18th day of June, 1948, a special election was held in said City according to law on the 19th day of July, 1948, for the purpose of the adoption or rejection by the qualified property taxpayers of the City of Austin and the Independent School District of Austin of said proposition; and WHEREAS, upon due consideration of said election, it appears and it is found that due and legal notice thereof has been given, and further upon consideration of the returns of said election, it appears and it is found ( CITY OF AUSTIN, TEXAS 634 that the votes cast at said election have been duly counted and the returns thereof-legally made, and the City Council having counted and canvassed. said returns, it appears therefrom that there were cast in said election FOR Proposition -3742 votes AGAINST Proposition MAJORITY FOR Proposition 3374 votes 368 votes And it appearing to the City Council from the returns of said election, after the canvass thereof às tabulated and set out above, that a majority of the qualified voters at said election have voted in favor of the proposition and said proposition was approved and adopted at said election; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the said proposition as to the levy and collection of a public school maintenance tax not exceeding one dollar and fifteen cents on the one hundred dollars worth of taxable property in the City of Austin and the Independent School District of Austin was sustained, and that at such election said proposition was approved and adopted by a majority of the qualified property taxpayers of the City of Austin and of the Independent School District of Austin voting at said election. Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None Councilman Bartholomew offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on the 27th day of May, 1948, a resolution was duly passed by the City Council of the City of Austin, Texas, giving notice of its intention to pass an ordinance providing for the submission to the qualified voters of the City of Austin, Texas, for adoption or rejection, at an election to be held for such purpose, two certain amendments to the existing Charter of said City of Austin; and WHEREAS, in accordance with law, notice of intention to submit such propositions at such election was given by publication in the Austin American and the Austin Statesman, newspapers of general circulation published in said City of Austin, which notice was published in each of said newspapers consecutively for ten (10) days, beginning May 28, 1948, and ending with publication on June 6, 1948, the first of said publications being twenty (20) days before the passage of said ordinance; and WHEREAS, under and by virtue of the terms of the certain ordinance passed by the City Council and approved by the Mayor of said City, on the 18th 632 CITY OF AUSTIN, TEXAS 635. day of June, 1948, a special election was held in said City, according to law, on the 19th day of July, 1948, for the purpose of the adoption or rejection by the qualified voters of said City of Austin of said proposed amendments to the existing Charter of the City of Austin, Texas; and WHEREAS, upon due consideration of said election, it appears and it is found that due and legal notice thereof has been given, and further upon consideration of the returns of said election, it appears and it is found that the votes cast at said election have been duly counted and the returns thereof legally made, and the City Council having counted and canvassed said returns, it appears therefrom that there were cast in said election FOR Proposition No. 1 AGAINST Proposition No. 1 MAJORITY AGAINST Proposition No. 1 FOR Proposition No. 2 ---- ------ --- --* 3498 votes 3526 votes 28 votes 3581 votes AGAINST Proposition No. 2 3442 votes MAJORITY FOR Proposition No. 2-------------- 139 votes And it appearing to the City Council that from the returns of said election, after the canvass thereof as tabulated and set out above, that a majority of the qualified voters at said election have not approved Proposition No. 1 as an amendment to the Charter of the City of Austin, Texas, and that said proposed amendment did not receive a majority of the votes in favor of its adoption; and it appearing to the City Council from the returns of said election, after the canvass thereof as tabulated and set out above, that a majority of the qualified voters at said election have voted in favor of Proposition No. 2 as an amendment to the Charter of the City of Austin, Texas, and that said proposition proposing said amendment was approved and adopted by a majority of the qualified voters voting at said election; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. That Proposition No. 1 to adopt the first amendment proposed at said election was not sustained and that at such election said proposed amendment was not approved and was not adopted by a majority of the qualified voters of the City of Austin voting at said election, and that the proposed amendment under Proposition No. 1 thereby failed and is now hereby declared not a part of the Charter of the City of Austin, Texas, as a result of said election and the canvass thereof. 2. That the said Proposition No. 2 to adopt the amendment proposed under said proposition at said election was sustained and that at such election said amendment was approved and adopted by a majority of the qualified voters of the City of Austin voting at said election, and that said Charter amendment under Proposition No. 2 thereby became and is now hereby recognized 2 CITY OF AUSTIN, TEXAS 636 and declared to be a part of the Charter of the City of Austin, Texas, and it is so ordered. 3. That the Mayor and the City Manager be and they are hereby directed. to certify to the Secretary of State of the State of Texas an authenticated copy of the amendment to the Charter of the City of Austin as submitted and as adopted at said election under Proposition No. 2, said certificate to be under the seal of the City of Austin showing the approval and adoption by the qualified voters at said election of such amendment and that the Secretary of State be requested to file and record the amendment adopted under Proposition No. 2 in a separate book to be kept in his office for such purpose as provided by law. 4. That the City Clerk be, and she is hereby, directed to record at length upon the records of the City of Austin, Texas, in a separate book to be kept for that purpose the amendment to the Charter of the City of Austin adopted under Proposition No. 2 as shown by the canvass of the election returns. Which motion, carrying with it the adoption of the resolution, carried by the following votes Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None It was moved by Mayor Miller that the City Manager be instructed to grant a raise in salaries of Ten Dollars ($10.00) per month for city employees, effective for the August 5 payroll, and payable out of this year's budget. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None Councilman Glass moved that the City Manager be authorized and directed to accept the bid of Joe Bland Construction Company, received on July 13, 1948, in the amount of $40,725.50, on Contract "J", for the construction of a sanitary sewer main in Nueces Street Alley and Nueces Street from 21st to 27th Streets, and to enter into contract accordingly. The motion carried by the following vote: 海 Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None Councilman Bartholomew offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the City of Austin has under consideration, and has heretofore filed, applications through the Texas State Department of Health for a federal grant and aid through the United States Public Health Service, for improvements and expansions of Brackenridge Hospital, which is owned and operated by the City of Austin; now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and is hereby authorized and directed to execute all necessary applications, supplemental information, certified 4 CITY OF AUSTIN, TEXAS 637 copies of agreements and other papers pertaining to the final filing of said application, and such other matters as may be necessary to meet the requirements of the Texas State Department of Health and the United States Public Health Service. Which motion, carrying with it the adoption of the resolution, carried by the following votes Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None. It was moved by Mayor Miller that a page of the minutes of this meeting be set aside for the recording of a resolution commemorating the death of General John J. Pershing. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Mayor Miller Noes: None (RESOLUTION) WHEREAS, the City Council recognizes the great loss to the United States of America in the death of General John J. Pershing; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: therefore, THAT the City Council desires to express its esteem and respect for General John J. Pershing and its sorrow and condolence to his family upon his death by having a copy of this resolution entered in the minutes of the City Council. ** There being no further business, upon motion, seconded and carried, the meeting was recessed, subject to call of the Mayor. Attest: Hallie : Hella CITY CLERK Approved: Jom Milla. MAYOR