Roll Call: 35 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting January 19, 1950 10:00 Α.Μ. Council Chamber, City Hall The meeting was called to order with Mayor Glass presiding. 35 Present: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Absent: None Councilman Johnson moved that the minutes of the previous meeting be approved as written. The motion, duly seconded, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None MR. AL CAMPBELL, spokesman for the Federated Business and Professional Women's Club, the Junior Chamber of Commerce, League of Women's Voters, asked that a proclamation be signed as "PAY YOUR POLL TAX" day. The Mayor signed the proclamation setting JANUARY 28, 1950, as that day. At 10:00 A. M., a public hearing was held on the proposed change in the taxi-cab ordinance. MR. JOHN CONNALLY representing the Red Ball Taxi, Owl Taxi and Yellow Cab Company, approved the installation of meters. MR. CHARLES HERRING, representing the American Cab Company, spoke in opposition to the meters. MR. M. H. CORCKETT, private citizen, favored the meters. Operators and drivers from the various cab companies in Austin were heard, mostly in opposition to the placing of meters, stating the installation would be an additional cost to them and would necessarily require an increase in fare, causing them to lose about 30% of their trade. Others complained that it would be difficult to figure out the share-the-ride plan with meters, that there were too many licensed cabs already, and even they were in competition with the unbonded cabs operating without licenses. Requests for street cab stands, for a study of luggage fare, for a 36 CITY OF AUSTIN, TEXAS 36 provision to be made for the airport limousines to travel a designated route and not compete with metered cabs, and request for close investigation of the unlicensed cabs were made. MR. I. H. HARRIS brought up the matter of the parking lot at 8th and Lavaca where there is parking for 25 and free cab service to town, stating this cab service was unbonded and in competition with them. The Mayor stated this should be investigated; and if it is in violation, it should be stopped. After all had been heard, Councilman Johnson moved that the City Attorney and the Mayor, meet with the Taxi-Terminal operators and their attorneys and work out a plan on the meters, flat rates on share-the-ride passengers, and a franchise, all at the same time. The motion, seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None REV. S. L. DAVIS, Paster, Mt. Calvary Baptist Church, requested lights at short Concho at 13th and 14th; and Comal and 14th. He stated people in that neighborhood kept their porch lights on all night, and even installed outside lighting, and that their bills were running high. The Council referred this request to the City Manager to see if some lights can be installed there. Two other requests were made by REV. S. L. DAVIS. He asked that Concho between 13th and 14th be graded; and that at the Mt. Calvary Baptist Church on Washington and Coleto, watter drained off the street where people could not get into the Church, and he asked that this be corrected. referred these two requests to the Engineering Department. The Council COUNCILMAN DRAKH explained his request of asking the Associated General Contractors to make some replacement values on present costs on city buildings before definitely deciding on the insurance matters. Agents from the Mutual Association appeared before the Council asking for participating in the City's premium. It was stated the Council wanted first to check on what was to be insured and then later discuss the placing of the insurance, and the Mayor stated it would be about two weeks before they would decide. Councilman Long moved that the following applications of change of zoning be referred to the Zoning Board of Adjustment for consideration and recommendation: EDWARD JOSEPH Bounded by North Austin Theatre, Arroyo Seca, Jus- tin Lane & Ruth Avenue From "A" to "C" J.B. & ABBIE THOMAS 2109 E. 20th From "A" to "o" JESS H. CUMMINGS 3707 Lake Austin Blvd. From "C-1" to "C-2" JAKE SILBERSTEIN 1000-18 Red River From "C-1" to "C-2" 37 CITY OF AUSTIN, TEXAS 37 lowing vote: The motion, duly seconded by Councilman Drake, carried by the folAyes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The City Manager presented the request of the NAVY CLUB OF AMERICA made through its representative, MR. FRANK MEINTZER, to exhibit the Hitler Submarine three days in the City. This has been worked out with the Polic Department and the following schedule was recommended: January 20th and 21st the truck would be parked in the 2200 block of Guadalupe Street; and on January 22nd, it would be parked on West 7th by the Queen Theater. Councilman Long moved that the NAVY CLUB OF AMERICA be granted permission to exhibit the Hitler Submarine in accordance with the recommendations worked out by the Police Department. The motion, seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The City Manager submitted the following tabulation of bids received for the construction of a reinforced concrete culvert on KOENIG LANE at ARROYO SECA: Richard Schmidt $ 5.683.98 Joe Fuhrman 6.353.42 Geo. B. Hatley & Co. 6,429.81 Earl Rogers 6,720.82 W. S. Connor 7,088.49 Joe Bland 7,456.30 Collins Construction Company 8,300.57 B. L. McGee 8,496.83 Maufrais Bros. 11,371.76 Karl Wagner 11,393.98 Councilman Johnson moved that the contract be awarded to RICHARD SCHMIDT, the low bidder. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The City Manager submitted the following tabulation of bids received for the construction of storm sewers in KOENIG LANE at Woodrow Avenue. Earl Rogers George B. Hatley Co. Joe Bland Construc- tion Co. S. B. Ricks W. S. Connor $ 5, 102.30 5,447.80 5, 670.90 5, 814.92 6, 502.40 38 CITY OF AUSTIN, TEXAS 38 Collins Construction Co. $ 6,509.36 Karl Wagner 6,509 7,201.00 Councilman Johnson moved that the contract be awarded to EARL ROGERS the low bidder. The motion, seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The City Manager submitted the following letter from Collins Construction Company: January 18, 1950 (RESOLUTION) "By instrument dated November 22, 1949, Collins Construction Company, a partnership composed of Bryant F. Collins and Bryant M. Collins entered into contract with the City of Austin, by the terms of which Collins Construction Company undertook to improve twenty-seven (27) street units in the City of Austin by paving such streets and doing other work incidental thereto. "Said Collins Construction Company desires consent and approval of the City of Austin to assignment of such con- tract by said Collins Construction Company to Collins Construction Company of Texas, a corporation organized and do- ing business under the laws of the State of Texas. "We respectfully request that such consent and approval be given, and if necessary, that such consent be expressed by resolution of the City Council. Yours very truly, COLLINS CONSTRUCTION COMPANY By (Signed) Bryant F. Collins" The Mayor then offered the following resolution for adoption: WHEREAS, by instrument dated November 22, 1949, City of Austin entered into contract with Collins Construction Company, a partnership composed of Bryant F. Collins and Bryant M. Collins, by the terms of which such company undertook the improvement of twenty-seven (27) streets or portions of streets in the City of Austin by paving such streets and performing other work incidental thereto; and WHEREAS, said Collins Construction Company desires to assign said contract to Collins Construction Company of Texas, a corporation created and doing business under the laws of the State of Texas, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 37 CITY OF AUSTIN, TEXAS 39 That the consent and approval of the City of Austin be and the same is hereby given and granted to said Collins Construction Company to assign said contract to Collins Construction Company of Texas, a corporation, on the condition that said Collins Construction Company, a partnership, will not by such assignment be released or relieved in any way from any of the liabilities, responsibilities and obligations created by or resulting from said contract, and that said Collins Construction Company of Texas will become obligated and responsible with said Collins Construction Company for the full and complete performance of said contract according to its terms. Councilman Long moved that the above resolution be adopted. The motion seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Long, Johnson, MacCorkle, Mayor Glass Noes: None The City Manager presented figures and maps on the paving in the Disch Field Ball Park Area, totalling $7.525.00. Councilman Drake moved that the City Manager be authorized to proceed with the paving in Disch Field Ball Park Area. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None Mayor Glass announced that nominations were in order to fill the vacancy on the ELECTRIC BOARD in the Master Electrician Section, caused by the death of MR. A. W. SCHMIDT. Councilman Johnson nominated MR. WALTER TEW to the Master Electrician Section in the ELECTRIC BOARD. Councilman Long seconded the nomination, and the nomination was confirmed by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None Mayor Glass announced that JUDGE C. O. BETTS had resigned from the AUSTIN ARMY ADVISORY COMMITTEE, and that nominations were in order to fill that vacancy. Councilman Drake nominated COLONEL WILLIAM J. LAWSON to fill the vacancy on the AUSTIN ARMY ADVISORY COMMITTEE. Councilman Johnson seconded the nomination, and the nomination was confirmed by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None 0 CITY OF AUSTIN, TEXAS 40 The Mayor brought up the following ordinance for second reading: 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 BOOK "I", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY ADDING A NEW SUBSECTION (f) TO SECTION 31 PROVIDING FOR CERTAIN FEES TO BE CHARGED FOR ZONING CHANGE APPLICATIONS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the second time and Councilman MacCorkle moved that the rule be suspended and the ordinance passed to third reading. The motion, duly seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The ordinance was read the third time and Councilman MacCorkle moved that the ordinance be finally passed. The motion, duly seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The Mayor then announced that the ordinance had been finally passed. The Mayor 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 BOOK "I", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION FROM "B" RESIDENCE DISTRICT AND SECOND HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND SECOND HEIGHT AND AREA DISTRICT ON: (1) THE NORTHEAST ONE-FOURTH OF LOT 17, OUTLOT 55, DIVISION "B", AND (2) LOTS 4, 5, 6, 7, 8, 9, 12, 13, 14, & 15, BLOCK E, OUTLOT 2, DIVISION "Z", RAYMOND ADDITION, 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. CITY OF AUSTIN, TEXAS 41 The ordinance was read the first time and Councilman Drake moved that the rule be suspended and the ordinance passed to its second reading. The motion, duly seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The ordinance was read the second time and Councilman Drake moved that the rule be suspended and the ordinance passed to its third reading. The motion, duly seconded, by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The ordinance was read the third time, and Councilman Drake moved that the ordinance be finally passed. The motion, duly seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The Mayor then announced that the ordinance had been finally passed. The Mayor introduced the following ordinance: AN ORDINANCE REGULATING THE OPERATION OF WRECKERS AND WRECKER COMPANIES IN THE CITY OF AUSTIN; DEFINING CERTAIN WORDS AND PHRASES; REQUIRING WRECKER COMPANIES TO FILE CERTAIN STATEMENTS WITH POLICE DEPARTMENT AND PRESCRIBING FORMS TO BE USED IN CALLING WRECKERS TO ACCIDENT SCENES; PRESCRIBING PROCEDURE TO BE USED IN CALLING WRECKER TO ACCIDENT SCENES; PROHIBITING PURSUIT OF AMBULANCES AND POLICE CARS; PROHIBITING THE DRIVING OF WRECKERS TO ACCIDENT SCENES; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS ON PUBLIC STREETS; PROHIBITING THE INTERCEPTION OF POLICE RADIO MESSAGES; PRESCRIBING PENALTIES FOR THE VIOLATION OF THE ORDINANCE; PROVIDING A SAVING CLAUSE; AND SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS. The ordinance was read the first time, and Councilman Long moved that the ordinance be passed to its second reading. The motion, duly seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None 42 CITY OF AUSTIN, TEXAS 42 Councilman Long 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 as a filling station site the property located at the northeast corner of Tillery Street and Lyons Road, which property fronts 112.81 feet on Lyons Road and 93 feet on Tillery Street, and being known as Lot 18, Delzell Subdivision Section 2 in the City of Austin, Travis County, Texas, and hereby authorizes the said Fred Golden, to construct, maintain and operate a drive-in gasoline filling station and to construct curbs, ramps and sidewalks in conjunction therewith, subject to the same being constructed in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations and plans and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this filling station 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 regulations 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 Fred Golden has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Austin, Texas January 19, 1950 Mr. Guiton Morgan City Manager Austin, Texas Dear Sir: We, the undersigned, have sonsidered the application of Fred Golden for permission to construct, maintain and operate a drive-in gasoline filling station and to construct commercial driveways in conjunction therewith upon the property located at the northeast intersection of Tillery Street and Lyons Road, which property fronts 11281 feet on Lyons Road and 93 feet on Tillery Street, and being known as Lot 18, Delzell Subdivision, Section 2, and the property upon which this filling station is to be located is owned by Tim Golden and is under lease to Fred Golden and we hereby advise that the following conditions exist: The property upon which this filling station is to be located is designated as "C" Commercial Use District upon the zoning maps of the City of Austin. There are no storm water drainage facilities in place adjacent to this property. The storm water and surface drainage from this filling station will have to be conveyed to a seep well to be constructed on the property of the applicant. 43 CITY OF AUSTIN, TEXAS 43 We recommend that Fred Golden be granted permission to construct, maintain, and operate said drive-in gasoline filling station and to construct curbs, ramps and sidewalks in conjunction therewith, subject to the following conditions: (1) That all buildings and equipment shall be placed inside of the property line, correct lines to be obtained before construction starts or equipment is installed. Lines and grades to be obtained from the Department of Public Works for entrances and driveways, building lines to be approved by the City Building Inspector. That the applicant shall confer with the Department of Public Works as to future grades of the sidewalks and gutters on the adjacent streets before he starts any construction relative to the filling station. (2) That only underground tanks shall be used and that all pumps shall be so located that it will be impracticable to service motor vehicles therefrom while said motor vehicles are standing on any part of a sidewalk, street or alley. (3) That the gasoline tanks, pumps, and all equipment used in connection with the storage and handling of gasoline shall be an approved type and shall bear the label of Underwriters Laboratories, Inc.; that all construction of the filling station improvements shall be in accord with the Building Ordinance, the Zoning Ordinance, the Filling Station Ordinance, and in accord with the ordinance prohibiting the disposal of commercial water or oils upon the City streets. (4) That the grades of the station shall be such that no waste water or oils or any floor washings shall ever pass over the City sidewalk area and that all of said oils and water shall be concentrated into a combined grease and sand trap which shall be constructed in accordance with our standard plan 2-H-146 and shall be conducted by a pipe connection from said sand trap into a seep well located upon the property of the applicant. (5) That all filling station improvements, pump islands, driveways, ramps, gutters, sidewalks, and curbs shall be constructed of concrete at the expense of the applicant as set forth upon the plan hereto attached, which plan bears the Department of Public Works file number 2-H-975. (6) Expansion joints shall be constructed as shown upon the plan hereto attached marked 2-H-975 and shall be of the pre-moulded type. (7) When the owner considers that he has complied with all the requirements of the City of Austin for filling stations, he shall apply for a final inspection and upon approval, the Building Inspector shall issue a Certificate of Operation before such filling station can be put into service. Respectfully submitted, (Sgd) C. G. Levander Director of Public Works (Sgd) J. C. Eckert Building Inspector" Which motion, duly seconded by Councilman Drake, carried by the followingvote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None 44 CITY OF AUSTIN, TEXAS 44 Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, T. A. Webb is the Contractor for the alteration of a building located at 708 Congress Avenue and desires a portion of the sidewalk and street space abutting the south part of Lot 3, in Block 83, of the Original City of Austin, Travis County, Texas, during the alteration of the building, such space to be used in the work and for the storage of materials therefor; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses hereinabove enumerated be granted to said T. Α. Webb, the boundary of which is described as follows: Sidewalk and Street Working Space Beginning at the northeast corner of the above described property; thence in an easterly direction and at right angles to the centerline of Congress Avenue approximately 6 feet to a point; thence in a southerly direction and parallel to the centerline of Congress Avenue approximately 23 feet to a point; thence in a westerly direction and at right angles to the centerline of Congress Avenue to the southeast corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said T. A. Webb, hereinafter termed "Contractor", upon the following express terms and conditions: (1). That the Contractor shall erect within the above described working space a solid fence built of not less than one-inch material and at least 8 feet in height (or extending from the sidewalk to the underside of the present awning) substantially braced and anchored and to maintain same in good condition at all times while the work is in progress. The Contractor will be permitted to put a door in the barricade that will either open in or slide parallel to the barricades, and at all times that material is being delivered or taken away from the building, a watchman shall be provided to warn pedestrians of approaching danger. The Contractor will also be permitted to use one parking meter space immediately in front of the entrance in the barricade, for the delivery or removal of materials during construction work. (2). That no vehicles in loading or unloading material at the working space shall park on any part of the street outside of the allotted working space. (3). That provisions shall be made for the normal flow of all storm waters in the gutter and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (4). That the Contractor shall place on the outside corners of any walkway, barricades or obstructions, red lights during all periods of darkness and provide lighting system for all tunnels. if CITY OF AUSTIN, TEXAS 45 (5). That the Contractor shall remove all fences, barricades, loose materials and other obstructions on the sidewalk and street immediately after the necessity for their existence on said sidewalk or street has ceased, such time to be determined by the City Manager, and in any event all such sidewalk, barricades, materials, equipment and other obstructions shall be removed not later than June 1, 1950. (6). That the City reserves the right to revoke at any time any and all the privileges herein granted or to require the erection or installation of additional barriers or safeguards if the conditions demand it. (7). That the use and enjoyment of the spaces herein granted shall not be exclusive as against public needs, and the City, in making such grant reserves the right to enter and occupy any part or all of said space any time with its public utilities, or for other necessary public purposes. (8). That any public utility, or public or private property, disturbed or injured as aresult of any of the activities necessary for the comple- tion of the construction work for said building projects, whether dore by the Contractor, City forces, or public utilities, shall be replaced or repaired at the Contractor's expense. (9). That the Contractor shall furnish the City of Austin a surety bond in the sum of Five Thousand Dollars ($5,000.00), which shall protect, indemnify and hold harmless the City of Austin from any claims or damages to any person or property that may accrue to or be brought by any person by reason of the exercise or abuse of the privileges granted the Contractor by the City of Austin and shall guarantee the replacement of all sidewalks, pavement and all other public property and public utilities disturbed or removed during the construction work and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the space. vote: Which motion, duly seconded by Councilman Long, carried by the following Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, A. R. Abrams is the Contractor for the alteration of a building located at 710-12 Congress Avenue and desires a portion of the sidewalk and street space abutting part of Lots 3 & 4, Block 83, of the Original City of Austin, Travis County, Texas, during the alteration of the building, such space to be used in the work and for the storage of materials therefor; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses hereinabove enumerated be granted to said A. R. Abrams, the boundary of which is described as follows: 46 CITY OF AUSTIN, TEXAS 46 Sidewalk and Street Working Space Beginning at the northeast corner of the above described property; thence in an easterly direction and at right angles to the centerline of Congress Avenue approximately 6 feet to a point; thence in a southerly direction and parallel to the centerline of Congress Avenue approximately 46 feet to a point; thence in a westerly direction and at right angles to the centerline of Congress Avenue to the southeast corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said A. R. Abrams, hereinafter termed "Contractor", upon the following express terms and conditions: (1). That the Contractor shall erect within the above described working space a solid fence built of not less than one-inch material and at least 8 feet in height (or extending from the sidewalk to the underside of the present awning) substantially braced and anchored and to maintain same in good condition at all times while the work is in progress. The Contractor will be permitted to put a door in the barricade that will either open in or slide parallel to the barricades, and at all times that material is being delivered or taken away from the building, a watchman shall be provided to warn pedestrians of approaching danger. The Contractor will also be permitted to use two parking meter spaces immediately in front of the entrance in the barricade, for the delivery or removal of materials during construction work. (2). That no vehicles in loading or unloading material at the working space shall park on any part of the street outside of the allotted working space. (3). That provisions shall be made for the normal flow of all storm waters in the gutter and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (4). That the Contractor shall place on the outside corners of any walkway, barricades, or obstructions, red lights during all periods of darkness and provide lighting system for all tunnels. (5). That the Contractor shall remove all fences, barricades, loose materials and other obstructions on the sidewalk and street immediately after the necessity for their existence on said sidewalk or street has čéased, such time to be determined by the City Manager, and in any event all such sidewalk, barricades, materials, equipment and other obstructions shall be removed not later than July 1, 1950. (6). That the City reserves the right to revoke at any time any and all the privileges herein granted or to require the erection or installation of additional barriers or safeguards if the conditions demand it. (7). That the use and enjoyment of the spaces herein granted shall not be exclusive as against public needs, and the City, in making such grant reserves the right to enter and occupy any part or all of said space any time with its public utilities, or for other necessary public purposes. 47 CITY OF AUSTIN, TEXAS 47 (8) That any public utility, or public or pivate property, disturbed or injured as a result of any of the activities necessary, for the completion of the construction work for said building projects, whether done by the Contrac tor, City forces, or public utilities, shall be replaced or repaired at the Contractor's expense. (9) That the Contractor shall furnish the City of Austin a surety bond in the sum of Two Thousand Dollars ($2,000.00), which shall protect, indemnify and hold harmless the City of Austin from any claims or damages to any person or property that may accrue to or be brought by any person by reason of the exercise or abuse of the privileges granted the Contractor by the City of Austin and shall guarantee the replacement of all sidewalks, pavement and all other public property and public utilities disturbed or removed during the construction work and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the space. ing vote: Which motion, duly seconded by Councilman Long, carried by the followAyes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The Mayor introduced the following ordinance: AN ORDINANCE PERPETUALLY VACATING AND CLOSING THAT CERTAIN PORTION OF INDIAN TRAIL IN TARRYTOWN "1" FROM THE EAST LINE OF EXPOSITION BOULEVARD AND EAST TO THE WEST LINE OF SPRING LANE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND RETAINING EASEMENTS FOR ALL UTILITIES IN THE CITY OF AUSTIN; AND SUSPENDING THE ORDINANCE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS. The ordinance was read the first time, and Councilman MacCorkle moved that the rule be suspended and the ordinance passed to its second reading. The motion, duly seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The ordinance was read the second time, and Councilman MacCorkle moved that the rule be suspended and the ordinance passed to its third reading. The motion, duly seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The ordinance was read the third time, and Councilman MacCorkle moved that the ordinance be passed finally. The motion, duly seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The Mayor then stated the ordinance had finally passed. CITY OF AUSTIN, TEXAS 48 The Council accepted the date of Friday, January 27, 1950, 2:00 Ρ.Μ. to meet with the Community Council to hear the oral report of the public welfare survey, made by the Community Council. The Council stated it would like to meet Tuesday, January 24, 1950, at 10:00 to discuss the building fee ordinance. It was also suggested that the Council have suggestions as to whom they would like to appoint on the Building Code Committee. There being no further business, Councilman Johnson moved that the Council recess until Friday, January 20, 1950, at 4:00. The motion, seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The Council recessed then at 3:30P.M. ATTEST: City Clerk APPROVED: Mayor CONTINUATION OF REGULAR MEETING ON JANUARY 19, 1950 JANUARY 20, 1950 4:00 Ρ.Μ. The Mayor called the meeting back to order. Roll call: Present: Councilmen Drake, Johnson, Long, Mayor Glass Absent: Councilman MacCorkle The Mayor introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON TRAVIS HEIGHTS BOULEVARD, AND SUNDRY OTHER STREETS 47 CITY OF AUSTIN, TEXAS 49 AND AVENUES IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON EACH AND EVERY OF SAID STREETS AND AVENUES WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PRO POSED TO BE, AND AS, ASSESSED AGAINST SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS AND AVENUES WITHIN SAID LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. The ordinance was read the first time, and Councilman Long moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, Mayor Glass Noes: None Absent: Councilman MacCorkle The ordinance was read the second time, and Councilman Long moved that the rule be suspended and the ordinance passed to its third reading. The motion, duly seconded by Councilmen Drake, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, Mayor Glass Noes: None Absent: Councilman MacCorkle The ordinance was read the third time, and Councilman Long moved that the ordinance be passed finally. The motion, seconded by Councilman Drake carried by the following vote: Ayes: Noes: Councilmen Drake, Johnson, Long, Mayor Glass None Absent: Councilman Mac Corkle The Mayor then stated the ordinance had finally passed. 50 50 CITY OF AUSTIN, TEXAS = There being no further business, Councilman Johnson moved that the Council adjourn. The motion, duly seconded, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, Mayor Glass Noes: None Absent: Councilman MacCorkle ATTEST: Elsio City Clerk M APPROVED Mayor