CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting March 10,1949 11:05 Α.Μ. Council Chamber, City Hall 177 129 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. A group of children from the area adjacent to the triangle owned by the City, which is bounded by Winsted Lane, Margranita Crescent and Tower Drive, appeared and presented petitions to the Council asking that the City clear this triangle and make it possible to be used as a playground for these children. Mrs. Jack Huston spoke for the children. The Council instructed the City Manager to work something out for these children as there is no playground in that immediate neighborhood. Messers. Claude Wilson, Nathan Hirsch and Dewey Bradford appeared and discussed their problem of the public using their private parking lots. After hearing this matter, the Council instructed the City Attorney to study their request and prepare an ordinance, if possible, which would give them relief. Mr. Martin Harris, representing H. E. Butt Company, appeared regarding a dedicated alley paralleling their store at 824 West 12th street. His client wishes to purchase this alley from the City and to improve it and provide egress for their customers so that they will not have to enter the heavily trafficed West 12th street when leaving the store. The Council took no action as they wished to go out on the grounds and investigate the request. This will be taken up again at the next regular Council meeting. CITY OF AUSTIN, TEXAS 130 Gibson Randal appeared and stated that he had read the ordinance which the City Attorney had prepared relative to the sale by the City of certain property to the Austin Presbyterian Seminary and that he approved same with a few minor changes which could be made after the Council had passed the ordinance. Councilman Johnson introduced the following ordinance: AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, ACTING FOR THE CITY OF AUSTIN, TO CONVEY TO THE AUSTIN PRESBYTERIAN THEOLOGICAL SEMINARY ALL OF BLOCK 5 IN FRUTH ADDITION, A SUBDIVISION OF OUTLOTS 14 AND 73, DIVISION D, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, ACCORDING TO A MAP OR PLAT RECORDED IN BOOK 2, PAGE 157, OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, FOR A CONSIDERATION OF $35,000.00 CASH, UPON CERTAIN CONDITIONS AND RESTRICTIONS TO BE INCORPORATED IN THE DEED CONVEYING SAID PROPERTY; 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 passed to the second reading. The motion carried by the following vote: Ayes: Councilmen 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 passed to the 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 ordinance be finally passed. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The Mayor then announced that the ordinance had been finally passed. The Mayor announced that he would call a meeting for 3 P. M., March 17, 1949, for the purpose of discussing the uses of the Coliseum, the rate to be charged and all other pertinent matters, and would ask representatives from the Senior and Junior Chambers of Commerce, Retail Merchants Association, and all other civic groups to attend. Henry Holeman appeared and stated that he had been deluged with calls from persons who had signed the petitions he had circulated regarding the telephone rate increase wanting to know why the rate could not be voted on at the coming election. The City Attorney was called upon to explain this to him. He also asked that the petitions be destroyed, if that could be done legally. Mr. O. Ashley, 1012 West 32nd street, appeared and discussed his property lines. The Council instructed the Director of Public Works to advise Mr. Ashley regarding this matter. CITY OF AUSTIN, TEXAS 131 James Hawkins, colored, appeared and requested that the Council grant his son, who is 17 years old, a permit to drive a taxicab because he has a Driver's Permit from the State. He was told that this could not be done as 21 years was the age limit set out in the ordinance, and that only because of the fact that a number of Veterans who were not 21 had applied had this provision be relaxed. The following applications for change in zoning were referred to the Board of Adjustment for consideration and recommentation: Arthur Bagby for Webb P. Connelly, et al., change from "A" Residence to "C" Commercial, the property located in the 4500 and 4600 blocks of East Avenue. Bascom Giles, J. T. Thomas and Vasteen Marion, Robert N. Shane, Milo W. Weaver, change from "A" Residence to "C" Commer- cial, the property located on the north side of 38 street, in the 1100 thru the 1400 blocks, from East Avenue to the Railroad tracks. change from "A" Residence to "C" Commer- cial, the property located at 3005 East 19th street. change from "A" Residence to "B" Residence the property located at 2511 Woodmont Avenue. change from "A" Residence to "B-1" Resi- dence, the property located at 3712 and 3714 Kerbey Lane. Councilman Glass moved that the following applications for change in zone be set for public hearing April 7, 1949, 11 Α. Μ.: Mr & Mrs. J. Miller Elliott by Harry Pollard, Atty. change from "B" Residence to "C" Commer- cial, the property located at 306 East loth street. Board of Adjustment RECOMMENDS this change. Adolph Kohn, Sr. Estate by Coleman Gay, Atty. change form "B" Residence to "C" Commer- cial, the property located at 407 West 7th street. Board of Adjustment RECOMMENDS this change. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Long moved that the following applications for taxicab operator's license, duly approved by the City Manager, be granted: Frank Walenta, Jr. 5300 Avenue H. 4-door sedan, 1948 Chevrolet, Motor No. FAA456979, License No. JV-2368. Powell H. Williams, 2104 E. 8th st. Tudor 1948 Ford, Motor No. 799A-2021934, License No. JM-2245. CITY OF AUSTIN, TEXAS 132 The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Bartholomew moved that the following applications for taxicab driver's license, duly approved by the City Manager, be granted: Reyes S. Cruz, Wayland T. Ellis, James E. Doell, Walter B. Bowles, Ralph E. Blount 2805 Swisher 4404 Duval 2100 San Gabriel 2212 San Antonio st. 1209 Rio Grande. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Long moved that the following application for a beer and wine permit, duly approved by the City Manager, be granted: Pioneer Package Store, 129 West 7th street, The motion carried by the following vote: Raymond A. Richards Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Council man Long moved that the following application for a boat license, duly approved, be granted: Arthur Cade, 1206 South 5th street, Elgin Outboard The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the sum of $1,075.00 be and the same is hereby appropriated out of the General Fund, not otherwise appropriated, for the purpose of paying the additional cost for the employment of a Girls' Counselor, this arrangement in lieu of the previous arrangement which has existed for a number of years whereby this cost has been met by the City and the County. The sum appropriated above is in addition to the amount already appropriated in the 1949 Budget, and will meet the cost from March 15 until December 31, 1949. Which motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Glass offer the following resolution and moved its adoption: (RESOLUTION) 120 CITY OF AUSTIN, TEXAS 133 WHEREAS, the tax roll for the year 1947 carries an assessed valuation of $3,780 on the improvements on Lot 26, Block E, Delwood Section #1, Plat 233, Item 150, assessed in the name of Everett Westbrook; and WHEREAS, it has been developed that there were no improvements on this property on January 1, 1947; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Tax Assessor and Collector be authorized, and he is hereby so directed, to remove said assessable valuation of $3,780 on said improvements erroneously levied on the tax roll for the year 1947. Which motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Glass offered 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 THE NORTH ONE-HALF OF BLOCK 27, THE HIGHLANDS, AND A TRACT IMMEDIATELY NORTH OF SAID BLOCK 27 BEING A PORTION OF EILERS AVENUE VACATED JANUARY 8, 1948, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; AND ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Glass moved that the rule be suspended and the ordinance passed to its second reading. The motioncarried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The ordinance was read the second time and Councilman Glass 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 CITY OF AUSTIN, TEXAS The City Manager presented the following: Memorandum to: 194 134 "March 9, 1949 Guiton Morgan, City Manager Memorandum from: J. E. Motheral, Director of Public Works 1 Bids were received yesterday for the construction of concrete tennis courts at Ramsey Park. The bids were as follows: John R. Andrews $ 4,411.88 Earl Rogers 4,703.02 C. W. Henson 4,941.30 Russell Stogsdill 5,442.78 We recommend the award of the contract to John R. Andrews. (Sgd) J. E. Motheral." The City Manager stated that the concurred in the recommendation of the Director of Public Works. Councilman Bartholomew moved that the City Manager be directed to enter into a contract with John R. Andrews for the construction of concrete tennis courts at Ramsey Park, at a cost of $4,411.88. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None The City Manager requested permission to substitute the building of a 2,000,000 gallon Reservoir, to cost approximately $90,000.00, on a site owned by the City of Austin and located on a high elevation close to Lake Austin at the extreme northwest edge of the city limits, for the installation of a 30% water line of prestressed steel cylinder concrete pipe, from the Filter Plant north to 38 street - the contract of the pipe having been awarded to Gifford-Hill-American of Dallas, November 4, 1948, at a cost of $227,945.00. The reason for this change is that it is not possible to get delivery on this pipe at the present time. The building of the Reservoir would greatly improve the water pressure in the northern part of the city this year. Councilman Long moved that the City Manager be authorized to make the susbstitution requested and go ahead with the building of the Reservoir. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Manager be and he is hereby authorized and directed to execute for and on behalf of the City of Austin a contract with Chas. O. Betts, Independent Executor and Trustee of the Estate of Adolph Kohn, Sr., deceased, for the construction of certain water mains and sanitary sewer mains in ShoalCITY OF AUSTIN, TEXAS 135 mont Addition and for refunding of cost of certain water mains and sanitary sewer mains constructed by Adolph Kohn, Sr. during his lifetime, all in accordance with the terms and conditions of that certain contract, a copy of which is attached to this Resolution for all purposes. (Copy of contract attached) The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Glass offered the following resolutions and moved their 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 WEST 26th STREET, from San Antonio Street to Guadalupe Street, the centerline of which gas main shall be 26 feet north of and parallel to the south property line of said WEST 26th STREET. Said gas main described above shall have a cover of notless than 2 feet. (2) A gas main in GUADALUPE STREET, from West 26th Street (W) south to West 26th Street (e), the centerline of which gas main shall be 22 feet east of and parallel to the centerline of said GUADALUPE STREET. Said gas main described above shall have a cover of notless than 2 feet. (3) A gas main in WEST 26th STREET, from Guadalupe Street east to a point 15 feet west of University Avenue, the centerline of which gas main shall be 17 feet south of and parallel to the north property line of said WEST 26th STREET. Said gas main described above shall have a cover of notless than 2 feet. * (4) A gas main across West 26th Street at a point 15 feet west of and parallel to the vest property line of University Avenue. Said gas main described above shall have a cover of not less than 2 feet. (5) A gas main in WEST 26th STREET from a point 15 feet west of University Avenue east to Wichita Street, the centerline of which gas main shall be 18 feet north of and parallel to the CITY OF AUSTIN, TEXAS south property line of said WEST 26th STREET. 134 135 Said gas main described above shall have a cover of notless than 2 feet. (6) A gas main in EAST &h STREET from Wichita Street to Speedway, the centerline of which gas main shall be 18 feet north of and parallel to the south property line of said EAST 26th STREET. Said gas main described above shall have a cover of notless than 2 feet. (7) A gas main in EAST 26th STREET from Speedway easterly 551 feet, the centerline of which gas main shall be 24 feet south of and parallel to the centerline of said EAST 26th STREET. Said gas main described above shall have a cover of notless than 22 feet. The Texas Public Service Company is hereby put upon notice that the City of Austin does not guarantee that the space assigned above is clear from other underground utilities, but is based upon the best records we have at hand, and that the minimum depth stated does not have any reference to the fact that greater depths may not be required at special points. When the Texas Public Service Company requires definite information upon the ground as to elevations or working points from which to base the location of their assignments they shall apply to the Department of Public Works not less than three (3) days before such information is required. The Texas Public Service Company is further put upon notice that they will be required to bear the expense of repairs or replacement of any underground utility damaged during the construction of lines named in this resolution. AND THAT whenever pavement is cut in the vicinity of a fire plug, water must be used at intervals during the course of backfilling of the ditches. THAT the work and laying of said gas mains, including the excavation in the streets, and the restoration and maintenance of said streets after said mains have been laid shall be under the supervision and conditions of the certain franchises granted to said company by the City of Austin. And 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 EMERSON STREET, from a point 22 feet south of Hawthorne Street, southerly 126, the centerline of which gas main shall be 7 feet west of and parallel to the east property line of said EMERSON STREET. 127 CITY OF AUSTIN, TEXAS Said gas main described above shall have a cover of notless than 2 feet. 137 (2) A gas main in EAST 18th STREET, from Salina Street easterly 106 feet, the centerline of which gas main shall be 7½ feet south of and parallel to the north property line of said EAST 18th STREET. Said gas main described above shall have a cover of not less than 2 feet. (3) A gas main in CHERICO STREET, fron Gonzales Street northerly 483 feet, the centerline of which gas main shall be 6 feet west of and parallel to the east property line of said CHERICO STREET. Said gas main described above shall have a cover of not less than 2 feet. : (4) A gas main in HARMON AVENUE, from a point 106 feet south of East 38th Street northerly 15 feet, the centerline of which gas main shall be 7½ 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. (5) A gas main in CRESCENT DRIVE, from a point 152 feet south of Schieffer Avenue, southerly 556 feet, the centerline of which gas main shall be 7 feet west of and parallel to the east property line of said CRESCENT DRIVE. Said gas main described above shall have a cover of not less than 2 feet. (6) A gas main in EAST 3rd STREET, from a point 192 feet east of Chicon Street easterly 145 feet, the centerline of which gas main shall be 7 feet south of and parallel to the north property line of said FAST 3rd STREET. Said gas main described above shall have a cover of not less than 20 feet. (7) A gas main in EILERS AVENUE, from the north property line of East 47th Street southerly 21 feet, the centerline of which gas main shall be 7 feet west of and parallel to the east property line of said EILERS AVENUE. Said gas main described above shall have a cover of not less than 2 feet. (8) A gas main in EAST 47th STREET, from Eilers Avenue westerly 113 feet, the centerline of which gas main shall be 21 feet south of and parallel to the north property line of said EAST 47th STREET. Said gas main described above shall have a cover of not less than 2 feet. (9) A gas main in ULIT AVENUE, from a point 72 feet north of East 18th Street northerly 270 feet, the centerline of which gas 138 CITY OF AUSTIN, TEXAS 138 main shall be 13 feet west of and parallel to the east property line of said ULIT AVENUE. Said gas main described above shall have a cover of not less than 22 feet. (10) A gas main in DAWSON ROAD from Barton Springs Road northerly 1174 feet, the centerline of which gas main shall be 7½ feet west of and parallel to the east property line of said DAWSON ROAD. Said gas main described above shall have a cover of not less than 2 feet. (11) A gas main in EAST 19th STREET, from Ferdinand Street easterly 431 feet, the centerline of which gas main shall be 27 feet south of and parallel to the north property line of said EAST 19th STREET. Said gas main described above shall have a cover of not less than 2 feet. (12) A gas main in CHESTNUT AVENUE, from East 19th Street southerly 204 feet, the centerline of which gas main shall be 12 feet west of and parallel to the east property line of said CHESTNUT AVENUE. Said gas main described above shall have a cover of not less than 2 feet. 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 of the streets, and the restoration and maintenance of said streets after said mains have been laid shall be under the supervision and direction of the City Manager, and under all the pertinent terms and conditions of the certain franchises granted to said company by the City of Austin. Which motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None CITY OF AUSTIN, TEXAS 139 139 Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves the property situated on the south side of Barton Springs Road as a private gasoline plant, which property is owned by J. H. Stelfox and is a part of Lot 75'x150 feet out of the Arboles Estate in the City of Austin, Travis County, Texas, and hereby authorizes the said Stelfox Body Works, acting through J. H. Stelfox, owner, tooperate a private gasoline plant consisting of a 1000 gallon underground tank and electric pump for the sole purpose of servicing their own motor equipment, and from which no gasoline is to be sold, subject to the same being operated in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations; and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this private gasoline plant after full compliance with all the provisions of this resolution, and said permission shall be held to be granted, and accepted subject to all necessary, reasonable and proper, present and future regu- lations and ordinances of the City of Austin, Texas, in the enforcement of the proper police, traffic and fire regulations; and the right of revocation is retained if, after hearing, it is found by the City Council that the said Stelfox Body Works has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) ing: The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None Councilman Long introduced the following ordinance for its second readAN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 12.02 ACRES OF LAND, SAME BEING A PART OF THE DANIEL J. GILBERT SURVEY NO. 8, IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN THE PARTICULARS STATED IN THE ORDINANCE. The ordinance was then read for the second time and laid over. The City Manager presented a letter which he had received from Major Horace H. Shelton attached to which was a sketch showing the proposed entrance gates to that portion of Memorial Park Cemetary which has been set aside for the burial of veterans. The City Manager recommended that the sketch be approved, and the details to be worked out later. Councilman Johnson moved that the recommendation of the City Manager for the proposed entrance gates to the Veterans' Burial area in Memorial Park CITY OF AUSTIN, TEXAS be approved. The motion carried by the following vote: Ayes: Councilmen Bartholomew, Glass, Johnson, Long, Mayor Miller Noes: None 140 Councilman Long suggested that the City Attorney be instructed to make a study of the City Charter for the purpose of bringing it up to date and making such changes as may be necessary at this time. The City Attorney stated that no amendments could be voted on until 1950. No action was taken on this matter. There being no further business, upon motion of Councilman Glass, the meeting was recessed at 1:35 P. M., subject to call of the Mayor. ATTEST: K Acting City Clerk f APPROVED: Jom Milla. Mayor 1