CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting January 13, 1949 10:45 Α.Μ. Council Chamber, City Hall 19 The meeting was called to order, with Mayor Miller presiding. Roll call: Present: Councilmen Bartholomew, Glass, Johnson, Long, 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. Referred the request of Frank Duffy for a remission of the interest on his delinquent taxes to the City Manager for investigation. The public hearing on the request of North Millican for a change in the zoning of the property located at 30th and Guadalupe Streets, known as "Fountain Courts", from "A" Residence to "C" Commercial, which was continued from the last Council meeting, was held. Mrs. W. A. Felsing, Mrs.B. M. Baxter, andMr and Mrs. H. I. Cunningham appeared to protest this change. These parties had appeared at the hearing held on January 6. They reiterated their reasons for protesting, namely, they do not want business brought any closer to their homes than they now have; further that a tourist court might bring an undesirable class of people into this area, and these conditions would depreciate their property and ruin same as homes. They brought their property for a home and they do not wish to be forced to sell and move elsewhere. Mr. Millican stated that he would agree to deed 6 feet off the back end of his property so as to widen the alley, if this change was granted. He stated further that, if the change was granted, he would move the present improvements on this property to locations where they could still be used as homes and there fore this change would not add to the housing shortage. After hearing the protestants and the proponent, Councilman Johnson moved that the recommendation of the Board of Adjustment not to grant this change be sustained. Ayes: Noes: The motion carried by the following vote: Councilmen Johnson and Long Councilmen Bartholomew, Glass, Mayor Miller Because the required four-fifths vote for this change was not obtained, CITY OF AUSTIN, TEXAS 20 the change was not granted. Mr. Millican thanked the Council for their consideration. Pursuant to published notice thereof, the public hearing on the application of Southern Bedding Manufacturing Company by J. E. Griffith to amend the Zoning Ordinance in the following particulars: To amend the USE designation of the following described property so as to change the same from "A" Residence District and First Height and Area District to "C" Commercial District and First Height and Area District: was duly opened. Lots 4 and 5, Block 3, Sunrise Addition, being located at the southwest corner of Manor Road and Maple Avenue and locally known as 2309 Manor Road, There being no property owners present for or against the change requested, Councilman Johnson moved that the hearing be closed and the action of the Board of Adjustment be sustained and the change granted, and the City Attorney be instructed to prepare the ordinance. The motion carried by the following vote: Ayes: Noes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller None The application of J. C. Galloway, 2300 East 14th Street, for change in zoning from "A" Residence to "C" Commercial, of the property located at 1402 Chestnut Avenue, was received. Councilman Glass moved that the application be referred to the Board of Adjustment for consideration and recommendation. The motion carried by the following vote: Ayes: Noes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller None The application of Lillie Mae Howard Bennett, 1206 Alamo Street, for change in zoning, from "A" Residence to "C" Commercial, the property located at 2012 and 2014 East 12th Street, was received. Councilman Long moved that the appliction be referred to the Board of Adjustment for consideration and recommendation. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of J. W. Vaughn, 507 Brentwood, for change in zoning, from "A" Residence to "C" Commercial, of the property located at 6800 Guadalupe Street, corner of Airport Boulevard and Guadalupe Street, was received. Councilman Johnson moved that the application be referred to the Board of Adjustment for consideration and recommendation. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of Mitchel N. Toney, 2406 Morelas, for change in zoning, from "D" Industrial to "C-2" Commercial, of the property located at 2404 and. 2406 East 7th Street, was received. Councilman Bartholomew moved that the application be referred to the Board of Adjustment for consideration and recommendation. The motion carried by the following vote: ٧٠ Ayes: Noes: CITY OF AUSTIN, TEXAS Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller None 21 The application of W. T. Caswell, 5th and Chicon Streets, for change in zoning of the property located at 200 Chicon Street, from "A" Residence to "C" Commercial, was received. Councilman Johnson moved that the application be referred to the Board of Adjustment for consideration and recommendation. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of Lem Scarbrough and E. C. McClure, Scarbrough Building, for change in zoning, from "A" Residence to "C" Commercial, of the property located in the 6300 and 6400 blocks of the Middle Fiskville Road, extending 150 feet back from the road, was received. Councilman Long moved that the application be referred to the Board of Adjustment for consideration and recommendation. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Johnson 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 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 "B" RESIDENCE DISTRICT AND SECOND HEIGHT AND AREA DISTRICT ON LOTS 4, 5, 6, 7, AND 8, BLOCK 2, OUTLOT 44, DIVISION D, AND CHANGING THE USE DESIGNATION FROM "B" RESIDENCE DISTRICT AND SECOND HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT ON 150x293.21 OF HERMANN BECKER ESTATE, IN OUTLOT 7, DIVISION O, ALL IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Johnson moved that the rule be suspended and the ordinance be passed to its second reading. The motion carried by the following vote: Ayes: Councilman Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None 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, Long, Mayor Miller Noes: None The ordinance was read the third time and Councilman Johnson moved that the CITY OF AUSTIN, TEXAS ordinance be finally passed. The motion carried by the following vote: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Ayes: Noes: None The Mayor then announced that the ordinance had been finally passed. Mr. Herman Jones, representing E. T. Leutwyler, appeared to discuss an ordinance proposed by a group of local jewelers, the primary purpose of which was to control auctions. Mr. Arthur Bagby represented the group of jewelers. 22 After a lengthy discussion by both attorneys and their clients, the Mayor stated that he would read the ordinance section by section and the Council and interested parties could discuss each section and decide whether same could be enforced. After this was done, the City Attorney was instructed to meet with Messers Jones and Bagby and work out an ordinance that would be mutually satisfactory and enforceable. The Mayor 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 "K", PAGES 159-179, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, BY AMENDING SECTIONS 12(b) OF ARTICLE III RELATING TO STOP SIGN LOCATIONS; SECTIONS 21(b), 22(e), 23(d) AND 26(a) OF ARTICLE IV RELATING RESPECTIVELY TO NOPARKING, ONE-HOUR PARKING, LOADING ZONE, AND ANGLE PARKING LOCATIONS; AND SECTION 34(b) OF ARTICLE V RELATING TO ONE-WAY STREETS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Bartholomew moved that the rule be suspended and the ordinance passed to its second reading. The motion carried by the following vote: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Ayes: Noes: None The ordinance was read the second time and Councilman Bartholomew moved that the rule be suspended and the ordinance passed to its third reading. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None 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: Noes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller None The Mayor then announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS لم 23 ion: Councilman Long offered the following resolution and moved its adoptBE 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 Carl B. Morris, for the laying of certain water mains and other pipes in Pecan Orchard Subdivision, in accordance with the terms and provisions of a certain contract, a copy of which is attached to this Resolution and made a part hereof for all purposes. Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None ion: Councilman Glass offered the following resolution and moved its adoptBE 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 Carl B. Morris, for the laying of certain sanitary sewer mains and other pipes in Pecan Orchard Subdivision, in accordance with the terms and provisions of a certain contract, a copy of which is attached to this Resolution and made a part hereof for all purposes. Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: ion: None Councilman Johnson offered the following resolution and moved its adoptBE 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 D. C. Clarke, for the laying of certain water mains and other pipes in Bowling Green Subdivision, in accordance with the terms and provisions of a certain contract, a copy of which is attached to this Resolution and made a part hereof for all purposes. Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Rufus Winn, colored, appeared and stated that he was unable to get assistance from the City and that he and his family were in dire need. The City Manager was instructed to investigate this claim. Councilman Bartholomew offered the following resolution and moved its adoption: CITY OF AUSTIN, TEXAS (RESOLUTION) 24 WHEREAS, the Tax Roll for the year 1947 carries an assessed valuation of $1,250 on improvements on Lots 15 & 16, Block 24, Highlands, Plat 220, Item 226, assessed in the name of A. L. Elam, Jr.; and WHEREAS, it has been substantiated that as of January 1st, 1947, there were no improvements on said property; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Tax Assessor and Collector be instructed, and he is hereby so directed, to remove from the Tax Roll for the year 1947 the assessable valuation of $1,250 on improvements on said property. : Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the Tax Roll for the year 1947 carried an assessed valuation of $790 on improvements on W. 25 of E. 50' of Lots 1 thru 5, Block 35, Highlands, Plat 220, Item 113, in the name of Faustino Santos; and WHEREAS, it has been developed as a fact that said improvements were not located on this lot as of January 1, 1947; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Tax Assessor and Collector be instructed, and he is hereby so directed, to remove from the Tax Roll for the year 1947 the assessable valuation of $790 on improvements on said above described property. Which motion, carrying with it the adoption of the resolution, carried by the following vote: ion: Ayes: Noes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller None Councilman Johnson offered the following resolution and moved its adopt(RESOLUTION) WHEREAS, the Tax Roll for the year 1947 carries an assessed valuation of $1,660 on improvements on Lot 6, Block 2, T. C. Steiner's Resubdivision of Lots 6, 7 & 8, Block 11, Westfield "A", Plat 148, Item 51, assessed in the name of Nolan P. Tobin; and WHEREAS, it has been substantiated that as of January 1st, 1947, there were no improvements on said property; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: CITY OF AUSTIN, TEXAS 25 THAT the City Tax Assessor and Collector be instructed, and he is hereby so directed, to remove from the Tax Roll for the year 1947 the assessable valuation of $1,660 on improvements on said property. Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None ion: Councilman Glass offered the following resolution and moved its adopt(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 WEST JAMES STREET, from a point 39 feet west of South 3rd Street easterly 214 feet, the centerline of which gas main shall be 7 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 not less than 2 feet. (2) A gas main in SOUTH 3RD STREET, from West James Street southerly 137 feet, the centerline of which gas main shall be 13 feet west of and parallel to the east property line of said SOUTH 3RD STREET. Said gas main described above shall have a cover of not less than 2 feet. (3) A gas main in SANTA ROSA STREET, from a point 55 feet east of Canadian Street westerly 22 feet, the centerline of which gas main shall be 6 feet south of and parallel to the north property line of said SANTA ROSA STREET. Said gas main described above shall have a cover of not less than 2 feet. (4) A gas main in ENFIELD ROAD, from a point 10 feet west of Schulle Avenue westerly 347 feet, the centerline of which gas main shall be ? feet south of and parallel to the north property line of said ENFIELD ROAD. Said gas main described above shall have a cover of not less than 2 feet. (5) A gas main in ROOSEVELT AVENUE, from a point 958 feet north CITY OF AUSTIN, TEXAS of Houston Street northerly 27 feet, the centerline of which gas main shall be 12 feet west of and parallel to the east property line of said ROOSEVELT AVENUE. Said gas main described above shall have a cover of not less than 2 feet. (6) A gas main in OAKLAWN AVENUE from Walnut Avenue westerly 329 feet, the centerline of which gas main shall be 72 feet south of and parallel to the north property line of said OAKLAWN AVENUE. Said gas main above described shall have a cover oft not less than 2 feet. (7) A gas main in GENARD STREET from a point 190 feet west of Leralynn Street easterly to Leralynn Street, the centerline of which gas main shall be 7 feet south of and parallel to the north property line of said GENARD STREET. Said gas main described above shall have a cover of not less than 2 feet. (8) A gas main in LERALYNN STREET, from Genard Street northerly 110 feet, the centerline of which gas main shall be 7 feet west of and parallel to the east property line of said LERALYNN STREET. Said gas main described above shall have a cover of not less than 2 feet. (9) A gas main in KEATING LANE, from a point 240 feet north of Enfield Road northerly 123 feet, the centerline of which gas main shall be 7 feet west of and parallel to the east property line of said KEATING LANE. Said gas main described above shall have a cover of not less than 2 feet. 26 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 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. CITY OF AUSTIN, TEXAS 27 Which motion, carrying with it the adoption of the resolution, carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of RAYMOND DELANCY, 1102 South 5th street, for a taxicab license to operate as a taxicab a 1942 4-door Cheverolet Sedan, License No. JD 6158, Motor No. BA 379992, duly approved by the CityManager, was submitted. Councilman Long moved thatthe license be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None * The application of WILLIAM F. HANSSON, 910 E.14th Street, for a license to operate as a taxicab a 4-door Ford, License No. J. B. 6107, Motor No. 71GA 341767, duly approved by the City Manager, was submitted. Councilman Johnson moved that the license be granted. The motion carried by the following vote: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Ayes: Noes: None The application of JAMES HENRY HAWKINS, 1106 Rector Street, 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, Long, Mayor Miller Noes: None The application of MOSES S. VASQUEZ, 2404 Morales Street, for a taxicab driver's permit, duly approved by the City Manager, was submitted. Council- man Bartholomew moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of BELTON D. MILLER, 613 Bouldin, for a taxicab driverts permit, duly approved by the City Manager, was submitted. Councilman Long moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of DIONICIO MORALES GARCIA, 406 Pressler, for a taxicab driver's permit, duly approved by the City Manager, was submitted. Council- man Johnson moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of WILLIAM THOMAS MARTIN, 1811 Cedar 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, Long, Mayor Miller Noes: None The application of NATHANIEL M. SCHEUMACK, 3306 South 2nd street, CITY OF AUSTIN, TEXAS : for a taxicab driver's permit, duly approved by the City Manager, was submitted. Councilman Johnson moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None 28 The application of WM. F. TALLEY, 809 Neches Street, for a taxicab driver's permit, duly approved by the City Manager, was submitted. Councilman Long moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of FRED CARLSON, 1004 Willow Street, for a taxicab driver's permit, duly approved by the City Manager, was submitted. Councilman Bartholomew moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of ROY CLARENCE SWANSON, 2202 Bonita Street, duly approved by the City Manager, was submitted. Councilman Johnson moved that the permit be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None. The applications of FRED WARREN PEANY, Texan Hotel, Room 317, and WILLIAM B. TOLDEN, 1101 Summer Street, for a taxicab driver's permit, was submitted. Upon the recommendation of the City Manager, Councilman Glass moved that a 90-day probationary permit be granted each of these men. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The application of FLOSSIE'S DRIVE INN, Flossie Waits, owner, 405 East 1st Street, for a beer and wine license, duly approved by the City Manager, was submitted. Councilman Bartholomew moved that the license be granted. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The following application for a private boat license, duly approved by the Navigation Board, was submitted: Owner Burrows, Hiram W., 212 West 43rd Description Homemade Inboard Councilman Long moved that the license be granted. The motion carried by the following vote: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Ayes: None: None CITY OF AUSTIN, TEXAS 29 Pursuant to authority vested in him by Section 5 of the Housing Authorities Law, Mayor Miller submitted to the Council for approval the reappointment by him of HUBERT B. JONES and LOUISE HAYNIE as Commissioners of the Housing Authority of the City of Austin for a two-year term ending December 23, 1950, the appointment to be retroactive to December 23, 1948. Councilman Bartholomew moved that the appointments be approved. The motion carried by the following vote: Ayes: Councilman Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None There being no further business, upon motion of Councilman Glass, the meeting was recessed at 1:50 P. M., subject to call of the Mayor. ATTEST: Acting City Clerk APPROVED: Jom Milla. Mayor