CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting March 09, 1950 10:00 AM Council Chamber, City Hall 32 326 The meeting was called to order with Mayor Glass presiding. Roll Call: Present: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Absent: None Councilman Johnson moved that since copies of the minutes of the last meeting of the City Council have been furnished Council members by the City Clerk, the reading of the minutes be dispensed with and that the minutes be adopted as read in the Clerk's report. Upon being duly seconded by Councilman Long, the motion was unanimously adopted by the Council and the minutes so approved. MR. KURT MEYER, JR., appeared before the Council requesting permission to use thirty-five feet on 7th Street and Congress along the side by the Queen Theater for a PENGUIN SHOW, sponsored by the V.F.W., for three days, March 16, 17, and 18th. Councilman Long moved that the permission be granted for the three days as requested. The motion, seconded by Councilman Johnson carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None MESSRS. KURT SCHEMEDES, BERTRAM SIMON, AARON KRUEGER and CARL E. BOCK, AUSTIN SYMPHONY SOCIETY, presented the following resolution to the Council stating the need for and asking for an Auditorium: "WHEREAS, a movement has been initiated by various individuals and groups within the City of Austin for the erection of a Municipal Auditorium, such project being described as the No. 1 need of the City; and 31 327 CITY OF AUSTIN, TEXAS "WHEREAS, such an auditorium, if built, would be designed for concerts, recitals, conventions and group meetings of many kinds; and "WHERAS, the design and plan of the Auditorium should proceed rapidly, and in close cooperation and consultation with all interested groups; "NOW THEREFORE, BE IT RESOLVED by the Executive Committee of the Austin Symphony Orchestra Society, an organization which for the past 13 years has provided Austin and Central Texas with fine music and an array of the nation's leading artists as soloists; which under the baton of Ezra Rachlin has received international prominence of itself and the City of Austin and promises to focus the eyes of the nation on Austin as a cultural center and a most desirable place to live; that 11 1. The Austin Symphony Orchestra Society go on record as recom mending to the City Council of Austin that it proceed with all possible expediency in the erection of an Auditorium; "2. The design of the Auditorium be such that concerts and recitals of the Austin Symphony Orchestra Society may be given under suitable conditions, and the Auditorium be designated as the permanent home of the Symphony, for concerts, rehearsals, and offices; "3. The name of the Auditorium be "Symphony Hall", thereby keeping the Symphony always uppermost in the minds of Austin and Texas people, in keeping with the dignity and standing of an organization which represents the highest development of the arts and whose accomplishments reflect only the highest good toward the community. The Council received the Resolution, behalf of the Council for their interest. (S) Edna Hammerman Secretary, Austin Symphony Orchestra Society, Inc." and the Mayor thanked the group in MRS. WALTER P. WEBB, Daughters of the Republic of Texas, appeared in the interest of preserving and expanding the French Legation and outlined the history of it, and the appropriation as made by the State Legislature. She made reference to the Petition mailed to the Council by MR. MAURY MAVERICK, (Copy of Petition on file with City Clerk). MRS. WEBB stated it would take about $10,000 for repairs. She stated there were valuable antiques and that there was a certificate issued by the U.S. DEPARTMENT OF INTERIOR designating the Em bassy as a building worth keeping. Councilman Johnson moved that a Committee be appointed representing the State, University, City of Austin, Daughters of the Republic of Texas, with MRS. WEBB as Chairman. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None CITY OF AUSTIN, TEXAS 328 328 Councilman MacCorkle moved that the Governor, President of the University of Texas, and the Mayor name a Committee without limitation to work this out jointly. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None MISSES SHIRLEY A. ROWLAND and MARCIA ANN MANOR, Brownie Troup 56, invited the Council and City Manager to a premier showing of "WOMEN OF TOMORROW" at the Paramount Theater, March 15, 7:45 p.m. and to the birthday dessert coffee at 6:45, Driskill Hotel. MR. WALTER GUTTMAN, Chairman of the Planning Board, presented the Master Thoroughfare Plan to the Council, and asked that after the explanation and presentation, that the Council adopt the resolution to inform the people of the plan and to let developers know where the thoroughfares are to be. MR. WILLIAM PARKER, Planning Supervisor, outlined the proposed thoroughfares as planned general- ly. He explained this was a general plan and specific. He listed the thoroughfares as follows: Railroad Boulevard, following the Missouri Pacific Railroad (Right-of-way from 5th to 35th) Anderson Lane to Springdale Road Koenig Lane to Airport Boulevard 45th Street from Railroad Boulevard to Interregional Highway 38th Street from Balcones Drive to Airport Boulevard Windsor Road to Lamar Boulevard Lake Austin Boulevard to 5th street, following on through to 7th Street. Railroad Boulevard into 1st Street (Perhaps to tie into the Highway north of town) Robert E. Lee Road under the Congress Avenue Bridge, to tie into Riverside Drive West and East Live Oak from Fredericksburg Road to Parker Lane "South Loop Boulevard" named only for this plan--a new boulevard to be developed Bee Cave Road into Barton Springs Road. The City Attorney stated the resolution was for a general plan and not one that would tie down to field notes. MR. M. H. CROCKETT asked that a public hearing be held before the Council took action. study this resolution before taking action on it. The Council felt it should Councilman Long moved that a public hearing be set for MARCH 23, 1950, at the Regular Council meeting. The motion, duly seconded, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None CITY OF AUSTIN, TEXAS 329 329 MR. CHARLES GRANGER explained the one-way street plan, listing the various streets to be changed as follows: Brazos Street one-way south, 11th to 1st Colorado Street one way north, 1st to lith Lavaca Street one way north, 1st to 19th Guadalupe Street one way south, 19th to Ist 7th Street one way west, San Jacinto to Nueces Street (now one way west, Guadalupe to San Antonio) 8th Street one way east, Guadalupe to San Jacinto 9th Street one way west, San Jacinto to Guadalupe 10th Street one way east, Guadalupe to San Jacinto The one way streets would call for controls in turns, additional control lights. It was also recommended that a bridge from South 1st to Lavaca and Guadalupe be included. In the Lamar Enfield Shopping Center Area, it was recommended that Baylor from Parkway to 12th be one-way south, and that Shoal Creek Boulevard be opened. from 11th to 12th. These recommendations also called for additional control lights and turn controls. MR. EARL BURKHALTER spoke in opposition; also MR. M. H. CROCKETT, MR. DEWEY BRADFORD expressed his idea of trying out one street at a time. MR. H. G. WEST asked that the congestion on the Congress Avenue Bridge be taken into consideration in this plan. The Council felt it should get with the Planning Commission and study this plan before a public hearing was held. COUNCILMAN LONG moved that a public hearing be set for Thursday night, 7:30, at the Public Library Auditorium, March 23, 1950. The motion, duly seconded, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None plans. The Mayor thanked the Planning Board for its presentation of these two The City Manager presented a revised map of the HERMAN BROWN ADDITION, by PAUL SIMMS, and stated it had been approved by the Council, but the subdivider had changed the size of the lots from 55' to 70', and he was submitting this for information of the Council. Councilman Long moved that the altered map be accepted with regard to the change of the size of the lots. Councilman Johnson seconded the motion, and it carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None CITY OF AUSTIN, TEXAS 330 330 The following applications for change of zoning were advertised for public hearing this date: EDWARD JOSEPH, for Cater Joseph Estate 19.079 acres, George W. Spear League; Bounded on the north by Crestview Addition; on the south by Violet Crown Addn; on west by Arroyo Seca; and on east by North Austin Theatre. From "A" Residential To "C# Commercial NOT Recommended by the Zoning Board MR. EDWARD JOSEPH withdrew the above application. S. Z. SKINNER 2 acres adjoining the I&NG From "A" Residential r/o/w, from the northeast To corner of Camp Mabry to south- east corner Highland Park west. "D" Industrial (NOT Recommended by Zoning Board) MR. S. Z. SKINNER appeared before the Council in his own behalf, stating the property was not suitable for residential development, but was suitable for a lumber yard; and that he purchased this property for commercial use; but when it was brought into the City, it was zoned residential. MR. E. J. HOOD, AND MR. U. O. ANDREWS, representing Mr. F.H.PERRY, appeared in opposition, stating Industrial Development would hurt the residential development; and the street that would be used in connection with the industrial development was not a heavy street and not suitable for heavy traffic, but was built for entrance to a few lots in Highland Park West. It was brought out for information only, that when the Railroad Boulevard was built and perhaps laid off on Mr. Skinner's property, that he would have twelve residential lots. The Council felt it should inspect this property personally, and postponed action until the following meeting, Thursday, March 16th. LITTLE THEATRE OF AUSTIN By Melvin Pape 1531 Toomey Road and (.367 acres, out of Decker League owned by L. A. Burditt, as recommended by the Zoning Board From "A" Residential to "C" Commercial RECOMMENDED by the Zoning Board to include the L. A. BURDITT prop- erty adjoining this tract.. Councilman MacCorkle moved that the recommendation of the Zoning Board of Adjustment be upheld, and the requested and recommended change be granted, and the City Attorney be instructed to draw up the necessary ordinance. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None 331 551 CITY OF AUSTIN, TEXAS Councilman Drake moved that the following applications for change of zoning be referred to the Zoning Board of Adjustment for consideration and recommendation: JACK H. KEY by Herman Jones 4418-20 Lamar Blvd. To From "A" Residential "C" Commercial MRS. JOHANNA SCHOEN- (Rear) 407-907 South From "A" Residential FIELD BEN LOCKHART Congress To "C" Commercial 5200 Georgetown Road From "A" Residential To "C" Commercial vote: The motion, seconded by Councilman Johnson, carried by the following Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None Councilman MacCorkle moved that the following application for change of zoning be referred to the Zoning Board of Adjustment for consideration and recommendation, with the request that the City Attorney check on its legality with regard to the time limit since it was denied by the Council on July 14, 1949: JACK H. KEY By Herman Jones 2101 Hancock Drive From "C" Commercial To "C-1" Commercial The motion duly seconded, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None Councilman Drake moved that the Zoning Board made a study on the "C-1" and "C-2" Zoning Classifications and give the Council a report. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The following letter from the Secretary, Pease Parent-Teacher Association, was read: "March 6, 1950 "The Pease School Parent-Teacher Association would like for the following recommendation to be read at the next meeting of the City Council. ۱ 33 332 CITY OF AUSTIN, TEXAS "We recommend that: Rio Grande Street be désignated as a one-way Street going South. West Avenue be designated as a one-way street going north. "The purpose of this, to relieve congestion around the schools. "The favorable consideration of the City Council of the above matter, in your over-all plan of one-way streets in the City of Austin, will be greatly appreciated. Yours very truly, (S) Mrs. Otto Shipley, Secretary Pease Parent-Teacher Association. If Councilman Long moved that this request be referred to the Planning Board. Councilman MacCorkle seconded the motion, and it carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The City Manager presented the following tabulation of bids received March 3, 1950, for the paving of East Sth Street from Brazos Street to San Jacinto Boulevard: "Excavation is not included in these bids. "MAUFRAIS BROS. EARL ROGERS GEORGE B. HATLEY MCKOWN & SONS RICHARD SCHMIDT & SON & LEE MANERS Estimated cost by City $7.386.75 7,448.63 8,117.83 9.082.15 and 9.347.35 13,114.18 9,435.48 "Maufrais Bros. bid of $7,386.75 is low on this project and I recommend that they be awarded the contract. "The City's part is $3,263.32. "The property owners part is $4,123.43 for the pavement and curb and gutters and in addition they are paying for all excavation." Councilmen Drake moved that the contract be awarded to MAUFRAIS BROS., the low bidder. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None 333 CITY OF AUSTIN, TEXAS 333 Councilman Long introduced the following ordinance: AN ORDINANCE AMENDING AN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN ON JANUARY 20, 1950, APPEARING IN BOOK "P" ON PAGES 19-141, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, PERTAINING TO THE IMPROVEMENT OF CERTAIN STREETS IN THE CITY OF AUSTIN, AND LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY ABUTTING SUCH STREETS, AND THE OWNERS THEREOF, AND MAKING OTHER PROVISIONS WITH REFERENCE TO SUCH STREET IMPROVEMENTS AND ASSESSMENTS SO AS TO CORRECT AND ADJUST CERTAIN OF THE ASSESSMENTS APPEARING ON THE ROLL OF ELTON LANE, UNIT 18, CONTAINED IN SECTION 4. OF SAID ORDINANCE; AND DECLARING AN EMERGENCY. 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, 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 second time, and Councilman Long moved that the rule be suspended, and the ordinance passed to its 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 Long moved that The motion, duly seconded by Councilman Drake, the ordinance be finally passed. 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 Council received the following letter.s "March 7, 1950 To The City Council City of Austin, Texas Re: Completion and Acceptance of Work of Improving Elton Lane from Griswold Lane to Windsor Road, being Unit 18 of Current Improvement Program 334 334 CITY OF AUSTIN, TEXAS The work of improving Elton Lane, from the north property line of Griswold Lane to the south property line of Windsor Road, known as Unit 18 inthe current street improvement program, has been performed and completed by Collins Construction Company of Texas in full compliance with the contract, and the Plans and Specifications therein contained, dated November 22, 1949, between the City of Austin and Collins Construction Company, which contract was thereafter assigned to Collins Construction Company of Texas. I have inspected, approved and accepted the work and improvements referred to, and I now recommend that the same be accepted and received by the City Council as having been performed and completed incompliance with the contract, Plans and Specifications, referred to above. Respectfully submitted, (Sgd) C. G. Levander Director of Public Works City of Austin, Texas Councilman Long then introduced the following ordinance: AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING ELTON LANE, UNIT NO. 18, IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, PERFORMED BY COLLINS CONSTRUCTION COMPANY OF TEXAS, AUTHORIZING AND DIRECTING THE ISSUANCE OF SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH; 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, duly seconded by Councilman Drake, carried by the following vote: 335 335 CITY OF AUSTIN, TEXAS Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None 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 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 Long 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, Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS: WHEREAS, the City of Austin, has paid bonds amounting to $433,500.00 together with matured interest coupons on its bonded debt in the aggregate amount of $329,128.37, as follows: BONDS NUMBER INTEREST YEAR DESCRIPTION BOTH INCL. AMOUNT COUPONS TOTAL 1917 Ridgetop School District 2-11 $ 5,000.00 $ 281.25 $ 5,281.25 1910 School 500.00 500.00 1918 Sewer 151-155 2,500.00 1,250.00 3.750.00 1921 Hospital 24 1,000.00 420.00 1,420.00 1924 Garbage Incinerator 39-40 2,000.00 550.00 2,550.00 1924 School 185-197 13,000.00 15,475.00 28,475.00 1924 Water Filtration 201-215 15,000.00 4,625.00 19,625.00 1926 School 88-94 7,000.00 2,992.50 9.992.50 1928 Hospital 55-58 4,000.00 1,912.50 5,912.50 1928 School 152-163 12,000.00 2,880.00 14,880.00 1928 School 2,953.75 2,953.75 1928 Street Improvement 91-97 7,000.00 1,710.00 8.710.00 1928 Street Improvement 1,763.75 1,763.75 1928 Airport 39-41. 3,000.00 765.00 3.765.00 1928 Airport 850.00 850.00 1928 Fire Stations 39-41. 3,000.00 765.00 3,765.00 1928 Fire Stations 680.00 680.00 1928 Parks & Playgrounds 39-41 3,000.00 720.00 3,720.00 1928 Parks & Playgrounds 892.50 892.50 1928 Hospital 27-28 2,000.00 450.00 2,450.00 1928 Hospital 595.00 595.00 1928 Sanitary Sewer 170.00 170.00 1929 Street Improvement 245-264 20,000.00 13,062.50 33,062.50 1929 Sanitary Sewer 118-126 9,000.00 6,341.25 15.341.25 1929 Parks & Playgrounds 93-100 8,000.00 5,130.00 13,130.00 1929 Fire Stations 15 1,000.00 522.50 1,522.50 336 336 CITY OF AUSTIN, TEXAS YEAR DESCRIPTION NUMBER AMOUNT INTEREST TOTAL BOTH INCL. COUPONS 1929 Street Improvement 255-276 $22,000.00 $16,031.25 $38,031.25 1929 Sanitary Sewer 76-81 6,000.00 4,607.50 10,607.50 1929 Parks & Playgrounds 65-69 5,000.00 3,966.25 8,966.25 1929 Abattoir 33-35 3,000.00 2,066.25 5,066.25 1931 Street Improvement 279-302 24,000.00 19,427.50 43,427.50 1931 Sanitary Sewer 41-43 3,000.00 2.778.75 5.778.75 1931 Parks & Playgrounds 80-86 7,000.00 5.581.25 12,581.25 1932 Public Library 55-59 5,000.00 4,675.00 9,675.00 1932 Fire Stations 18-19 2,000.00 1,600.00 3,600.00 1935 Public Market 42-45 4,000.00 1,280.00 5,280.00 1936 School 186-202 17,000.00 4,635.00 21,635.00 1936 Parks & Playgrounds 46-50 5,000.00 450.00 5,450.00 1937 Fire Stations 56-60 5,000.00 1,237.50 6,237.50 1938 School 51-55 5,000.00 450.00 5.450.00 1938 School 165-183 19,000.00 5,287.50 24,287.50 1939 School 147-164 18,000.00 832.50 18,832.50 1939 School 3,840.00 3,840.00 1940 Hospital 4,418.75 4,418.75 1940 Hospital 157-178 22,000.00 990.00 22,990.00 1942 Airport 115-135 21,000.00 5,880.00 26,880.00 1947 Airport 137.50 137.50 1947 Airport 255.00 255.00 1947 Airport 140.00 140.00 1947 Electric Plant & System 1947 Electric Plant & System 1,842.50 1,842.50 2,505.00 2,505.00 1947 Electric Plant & System 2,887.50 2,887.50 1947 Highway Rights-of-Way 2,777.50 2,777.50 1947 Highway Rights-of-Way 3,750.00 3.750.00 1947 Highway Rights-of-Way 4,182.50 4,182.50 1947 Parks, Playgrounds & Rec. 137.50 137.50 1947 Parks, Playgrounds & Rec. 165.00 165.00 1947 Parks, Playgrounds & Rec. 266.88 266.88 1947 Sanitary Sewerage 2,667.50 2,667.50 1947 Sanitary Sewerage 3,660.00 3,660.00 1947 Sanitary Sewerage 4,252.52 4,252.52 1947 School : 5,720.00 5,720.00 1947 School 7.935.00 7,935.00 1947 School 8,942.50 8,942.50 1947 Street Improvement 1,072.50 1,072.50 1947 Street Improvement 1,455.00 1,455.00 1947 Street Improvement 1,645.00 1,645.00 1947 Water Plant & System 935.00 935.00 1947 Water Plant & System 1,260.00 1,260.00 1947 Water Plant & System 1,435.00 1,435.00 1947 Airport Hangars 1 1,000.00 142.50 1,142.50 1947 Electric Plant & System 1-6 6,000.00 1,485.00 7,485.00 1947 Electric Plant & System 1,793.78 1,793.78 1947 Hospital 1-3 3.000.00 742.50 3,742.50 1947 Hospital 910.02 910.02 1947 Sanitary Sewers 1-8 8,000.00 2,040.00 10,040.00 1947 Sanitary Sewers 2,476.25 2,476.25 1947 Street Improvement 1-3 3,000.00 742.50 3,742.50 1947 Street Improvement 910.02 910.02 1947 Water Plant & System 1-4 4,000.00 1,020.00 5,020.00 337 337 CITY OF AUSTIN, TEXAS NUMBER INTEREST YEAR DESCRIPTION BOTH INCL. AMOUNT COUPONS TOTAL 1947 Water Plant & System 1948 Bridge Below Lake Austin $1,303.78 $ 1,303.78 1-2 $ 2,000.00 180.00 2,180.00 1948 Bridge Below Lake Austin 540.00 540.00 1948 Bridge Below Lake Austin 500.00 500.00 1948 Electric Plant & System 1-5 5,000.00 480.00 5,480.00 1948 Electric Plant & System 1,710.00 1,710.00 1948 Electric Plant & System 1,950.00 1,950.00 1948 Fire Stations 1-3 3,000.00 270.00 3,270.00 1948 Fire Stations 1,035.00 1,035.00 1948 Fire Stations 1,125.00 1,125.00 1948 Parks, Playgrounds & Rec. 1-8 8,000.00 720.00 8,720.00 1948 Parks, Playgrounds & Rec. 2,510.00 2,510.00 1948 Parks, Playgrounds & Rec. 2,862.50 2,862.50 1948 Schools 1-55 55,000.00 5,040.00 60,040.00 1948 Schools 17,593.10 17,593.10 1948 Schools 20,169.77 20,169.77 1948 Street Improvement 1-9 9,000.00 870.00 9,870.00 1948 Street Improvement 2,992.50 2,992.50 1948 Street Improvement 3,450.00 3,450.00 1948 Water, Plant & System 1-16 16,000.00 1,440.00 17,440.00 1948 Water, Plant & System 5,017.50 5,017.50 1948 Water, Plant & System 5,761.45 5.761.45 1948 Highway Rights-of-Way 675.00 675.00 1948 Highway Rights-of-Way 3,449.13 3,449.13 1948 Highway Rights-of-Way 1948 Highway Rights-of-Way 1948 Parks, Playgrounds & Rec. 1948 Parks, Playgrounds & Rec. 1948 Parks, Playgrounds & Rec. 1948 Parks, Playgrounds & Rec. 1948 Street Improvements 1948 Street Improvements 1948 Street Improvements 1948 Street Improvements 1948 Water Plant & System 1948 Water Plant & System 1,575.00 1,575.00 343.25 343.25 202.50 202.50 1,029.68 1,029.68 468.75 468.75 84.40 84.40 202.50 202.50 1,046.56 1,046.56 450.00 450.00 101.28 101.28 1,305.00 1,305.00 6,538.14 6,538.14 1948 Water Plant & System 2,918.75 2,918.75 635.86 635.86 $433,500.00$329,128.37 $762,628.37 1948 Water Plant & System WHEREAS, SUCH PAYMENTS OF BONDS AND INTEREST COUPONS HAVE BEEN DULY RECORDED on its bond registers and books of account, and verified by the examination and audit of certified public accountants, 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 destroy or cause to be destroyed, by cremation in the City Incinerator, before witnessess, all such bonds and interest coupons having been fully recorded and verified as above stated. vote: The motion, seconded by Councilman Long, carried by the following Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None 338 000 CITY OF AUSTIN, TEXAS The Council voted that Councilmen MacCorkle and Drake be appointed as the Committee to witness the burning of these bonds. at their convenience. Mayor Glass introduced the following ordinance: AN ORDINANCE PERPETUALLY CLOSING AND VACATING AN ALLEY TRAVERSING BLOCK 77 OF THE ORIGINAL CITY OF AUSTIN, AND RUNNING IN AN EAST-WEST DIRECTION FROM RIO GRANDE STREET TO WEST AVENUE BETWEEN 7th AND 8th STREETS, SUBJECT TO THE RIGHT OF THE CITY TO MAINTAIN THE POWER LINE AND POLE NOW LOCATED IN SAID ALLEY; AND SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE 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 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 Johnson 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 Johnson moved that it be finally passed. The motion, duly seconded by Councilman Long, carried by the following vote: 5 Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass 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, in the preparation of plans and specificationsfor the construction of the Power Plant Building in 1949 it was provided that during progress of the work if advisable and to the best interests of the City, that the contract could be extended to cover additional piping and structural work covering the installation of the water intakes; and WHEREAS, the City Manager and the City's Director of Utilities and Consulting Engineers have recommended that the contract of J. M. Odom awarded to him on September 1, 1949, be extended on the basis of the unit prices provided in the contract and on the basis of agreed units for the items of work provided and required in the construction of piping and water intake structures; and WHEREAS, the City Council considers it in the interest of the City and to further carry on this work in the most economical manner possible by taking advan tage of the contract provisions giving the City the right to add this work to the J. M. Odom contract; Now, Therefore, 339 339 CITY OF AUSTIN, TEXAS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager is hereby authorised and directed to execute a supplemental contract with J. M. Odom, General Contractor (being Contract 13-B) for the installation of piping and water intake structures in accordance with plans and specifications, to provide for an additional performance bond to cover this work! in the net amount of $143,207.00 in accordance with the recommendations herefofore made. vote: Which motion, duly seconded by Councilman Johnson, carried by the following Ayes: Councilmen Johnson, Long, MacCorkle, Mayor Glass Noes: None Present and not voting: Councilman Drake Councilman MacCorkle offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Guiton Morgan, City Manager, be andhe is hereby authorized and directed to enter into a contract on behalf of the City of Austin with Victor H. Randolph, providing for a lease of the concession rights in the City Coliseum, all in accordance with the terms and conditions of the aertain contract, a copy of which is attached to this Resolution and made a part hereof for all purposes. (Contract attached) "THE STATE OF TEXAS COUNTY OF TRAVIS 1. : This contract and agreement made and entered into by and between the City of Austin, a municipal corporation hereinafter called Lessor, and Victor H. Randolph of Travis County, Texas, hereinafter called Lessee, WITNESSETH: 2. That the Lessor has leased and by these presents does lease for the pur pose of operating a concession therein, to the Lessee the concession room located in the City Coliseum loaated in Butler Park-East, in the City of Austin, Travis County, Texas. 1952. 3. 4. The term of this lease shall be from May 1, 1950, through April 30, In consideration of this lease, the Lessee agrees to pay to the Lessor as rental the sum of Four Thousand Twenty Two Dollars and Fifty Cents ($4022.50) payable in twenty-four (24) equal installments, the first such installment being payable on the 1st day of May, 1950, and one such installment being due on the first day of each month thereafter to and including the 1st day of April, 1952. It is expressly stipulated that the consideration herein provided to be paid to Lessor by Lessee is rental paid for theuse of the premises and for the concession CITY OF AUSTIN, TEXAS 340 340 rights accompanying this lease, and does not create any interest in the Lessee's enterprise in favor of Lessor. 5. The Lessee agrees to quit and surrender the aforesaid premises at the expiration of the term of this lease in as good condition as reasonable wear and tear thereof will permit. The Lessee further authorized the Lessor, or its agents, to re-enter said premises if same become vacant during the term of this lease. 6. It is the purpose of this lease to grant to Lessee the concession rights in the City Coliseum above referred to subject to the further agreements and understandings as follows: A. B. The Lessee's coneession shall be run in an efficient and orderly manner and to the entire satisfaction of the Lessor. The prices, quality of foods, conditions connected with the serving and handling of food, and all other relations of the Lessee with the public, shall be subject to the approval of the Lessor. с. The Lessee will be required to furnish equipment used in his operations, such as: kitchen equipment for serving of sandwiches, cabinet for dispensing ice cream, machine for making of pop corn, cooling equipment for dispensing of bottled drinks, cushions and check room service, and garbage receptables. D. No alcoholic liquor, wine, beer or spirituous beverages of any kind shall be sold by the Lessee on the premises described herein. E. The Lessee shall not authorize or permit the installation of any amusement devices without the written consent of the Lessor. F. The Lessee shall not operate when the building is in use for a closed function. G. The Lessee will not be permitted to sell goods within the main building when the function is such that the selling of goods will disturb the spectators. H. The Lessee shall provide service for any group on all occasions where service is desired. I. The Lessee shall not Operate the concession except when the building is otherwise open for use approved by Lessor. 7. It is further understood and agreed that the failure of the Lessee to comply with any of the terms herein provided shall authorize the Lessor, or its agents, at the Lessor's option, to cancel this lease and repossess the premises described herein. In the event any legal action is undertaken by the Lessor to collect the rental due hereunder, to collect any damages growing out of this CITY OF AUSTIN, TEXAS 341 341 lease, or to in anyway enforce the provisions of this lease, ten per cent (10%) of the amount of such recovery shall be added to cover the expense of such action which ten percent (10%) shall be in addition to any court costs. 8. It is further agreed and understood that the Lessee accepts the responsibility for the proper care of all plumbing and wiring of every character on the leased premises and agrees to return same in good condition when vacating the premises; and the Lessee shall be responsible for the proper safeguarding of all plumbing and wiring fixtures and connections in the said leased premises and shall keep obstructions out of sewer connections thereon, but shall not be respon sible for breakage due to ordinary wear and usage. 9. It is further understood and agreed that the Lessee, is and shall be, an independent contractor hereunder, and that in his use and enjoyment of the premises will indemnify and save harmless the Lessor from any and all claims or losses that may result to the Lessor from any negligence or misconduct on the part of the Lessee, his authorized agents or representativès, and shall in all ways hold the Lessor harmless from same. 10. Lessee agrees to file with the Lessor before the commencement of his operations under this lease a good and sufficient insgrance policy in a form to be approved by the City Attorney, carried by a company authorized to do business in Texas. Such insurance policy shall be payable to the City Manager of the City of Austin and his successors in office for the use and benefit of the City of Austin and the public, and shall be in the limits of Five Thousand Dollars ($5,000.00) for property damage and five thousand Dollars/Ten Thousand Dollars ($5,000.00/$10,000.00) for public liability; provided, however, that property owned by the Lessor shall not be covered by said property damage insurance. IN TESTIMONY WHEREOF, the Lessor has caused these presents to be signed in duplicate by Guiton Morgan, City Manager, hereunto authorized, and its seal affixed thereto, attested by the City Clerk, and the Lessee hereunto subscribes his name in duplicate on this 1950. day of ATTEST: vote: City Clerk CITY OF AUSTIN By City Manager Lessor Victor H. Randolph" Which motion, duly seconded by Councilman Long, carried by the following Ayes: Noes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass None CITY OF AUSTIN, TEXAS 342 342 Councilmen MacCorkle offered the following resolution and moved its adoption (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Guiton Morgan, City Manager, be and he is hereby authorized and directed to enter into a contract on behalf of the City of Austin with Victor H. Randolph, providing for a lease to the concession rights in Zilker Park and Deep Eddy, all in accordance with the terms and conditions of the certain contract, a copy of which is atached to this Resolution and made a part hereof for all purposes. (Contract attached) "THE STATE OF TEXAS ( COUNTY OF TRAVIS ( 1. : This contract and agreement made and entered into by and between the City of Austin, a municipal corporation hereinafter called Lessor, and Victor H. Randolph, of Travis County, Texas, hereinafter called Lessee, WITNESSETH: 2. The Lessor has leased and by these presents does lease to the Lessee the following described property: 3. 1951. 4. a. b. c. Old Mill Concession building, located on the north bank of Zilker Springs Swimming Pool, situated in the Barton Springs portion of Zilker Park, in Austin, Travis County, Texas. Concession rights on the Athletic Field adjacent to the south side of Zilker Springs Swimming Pool. Concession stands in the Deep Eddy Swimming Pool Bath House located on those premises and parcels of land conveyed to Lessor by deed from Deep Eddy Bathing Beach Com- pany, dated May 29, 1935, and recorded in the Travis County, Deed Records in Volume 522 at pages 132-133. The term of this lease shall be from the date hereof to December 31, In consideration of this lease the Lessee agrees to pay as rental the sum of Eleven Thousand Five Hundred Thirty-Seven Dollars ($11,537.00) payable in twelve (12) equal installments, the first such installment to be paid on March 15, 1950, and one such installment to be paid on the 15th day of each of the months of April, May, June, July, and August, 1950, and of March, April, May, June, July and August, 1951, respectively. It is expressly understood and agreed that the consideration to be paid by Lessee is rental paid to Lessor by Lessee for the use of the described premises and for the concession rights herein conveyed, and does not create any interest in the enterprise to be operated by the Lessee in favor of Lessor. 343 343 CITY OF AUSTIN, TEXAS 5. The Lessee agrees to quit and surrender the aforesaid premises at the expiration of the term of this lease in as good condition as reasonable wear and tear thereof will permit, with the exception of any damage by the elements. The Lessee further authorizes the Lessor, or its agents, to re-enter said premises if same become vacant during the term of this lease. 6. It is the purpose of this lease to grant to the Lessee the concession rights of the premises described, subject to the further agreements and understandings as follows: a. That the Lessor shall have the right to rent additional concessions on the described premises for the 2nd, 3rd, 4th and 5th of July, and on Labor Day. b. All charges for utilities used by the Lessee, during the term of the lease, on the premises described in Paragraphs la and lc above, shall be paid by Lessee. c. The Lessee's concessions shall be run in an efficient and orderly manner and to the entire satisfaction of the Lessor. d. The prices, quality of foods, conditions connected with the serving and handling of food, and all other relations of the Lessee with the public, shall be subject to the approval of the Lessor. e. 7. f. g. h. i. The Lessee will be required to furnish equipment used in his operations, including equipment for serving of fountain drinks, kitchen equipment for serving of sandwiches, cabinet for dispensing ice cream, machine for making of pop corn, cooling equipment for dispensing of bottled drinks, and cash registers. No alcoholic liquor, wine, beer, or spirituous beverages of any kind shall be sold by the Lessee on the premises described herein. The Lessee shall not authorize or permit the installation of any amusement devices without the written consent of the Lessor. Due to the danger of broken glass on the premises and around the swimming pools described herein, no bottled drinks shall be sold by Lessee. It shall be permissable, however, for the Lessee to sell the contents of bottled drinks by dispensing same in paper cups. The prohibition against the sale of bottled drinks as provided in this sub-paragraph will not apply on the 2nd, 3rd, 4th or 5th of July or on Labor Day. The Lessor shall not prohibit private groups from making their own contracts to purchase food and drinks from caterers or bottling companies, nor to prohibit such private groups from selling food and drinks to the members of their own groups. It is further understood and agreed that the failure of the Lessee to comply with any of the terms herein provided shall authorize the Lessor, or its 344 344 CITY OF AUSTIN, TEXAS agents, at the Lessor's option, to cancel this lease and repossess the premises described herein. In the event any legal action is undertaken by the Lessor to collect the rental due hereunder, to collect any damages growing out of this lease, or to in any way enforce the provisions of this lease, ten percent (10%) of the amount of such recovery shall be added to cover the expense of such action, which ten percent (10%) shall be in addition to any court costs. 8. It is further agreed and understood that the Lessee accepts the responsibility for the proper care of all plumbing and wiring of every character on the premises described in Paragraph la, lc, and agrees to return same in good condition when vacating the premises; and the Lessee shall be responsible for the pro- per safeguarding of all plumbing and wiring fixtures and connections in the said premises, and shall keep obstructions out of sewer connections, thereon, but shall not be responsible for breakage due to ordinary wear and usage. 9. It is further understood and agreed that the Lessee is, and shall be, an independent contractor hereunder, and that in his use and enjoyment of the premises will indemnify and save harmless the Lessor from any and all claims or losses that may result to the Lessor from any negligence or misconduct on the part of the Lessee, its authorized agents or representatives, and shall in all ways hold the Lessor harmless from same. 10. Lessee agrees to file with the Lessor before the commencement of his operations under this lease a good and sufficient insurance policy in a form to be approved by the City Attorney, carried by a company a uthorized to do business in Texas. Such insurance policy shall be payable to the City Manager of Austin and his successors in office for the use and benefit of the City of Austin and the public, and shall be in the limits of Five Thousand Dollars ($5,000.00) for property damage and Five Thousand Dollars/Ten Thousand Dollars ($5,000.00/$10,000. 00) for public liability; provided, however, that property owned by the Lessor shall not be covered by said property damage insurance. IN TESTIMONY WHEREOF, the Lessor has caused these presents to be signed in duplicate by Guiton Morgan, City Manager, hereunto authorized, and its seal affixed thereto, attested by the City Clerk, and the Lessee hereunto subscribes his name in duplicate on this ,1950. ATTEST: City Clerk vote: day of CITY OF AUSTIN By - City Manager Lessor Victor H. Randolph, Lessee" Which motion, duly seconded by Councilman Long, carried by the following Ayes Noes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass None 345 345 CITY OF AUSTIN, TEXAS Mayor Glass introduced the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITEED: "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 SECTION 12(b) OF ARTICLE III RELATING TO STOP SIGN LOCATIONS; AND SECTION 22(e) OF ARTICLE IV RELATING TO ONE-HOUR PARKING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The ordinance was read the first time, and Councilmen Long moved that the rule be suspended and the ordinance passed to its second reading. The motion, duly seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorke, Mayor Glass Noes: None 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 Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None The ordinance was read the third time, and Councilman Long moved that the ordinance be finally passed. The motion, duly seconded by Councilman MacCorkle, 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. Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Southern Union Gas 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 Southern Union Gas Company be and the same is hereby permitted to lay and construct its gas mains in and upon the following streets: 346 346 CITY OF AUSTIN, TEXAS (1) A gas main in EXPOSITION BOULEVARD, from a point 270 feet south of Westover Road northerly 365 feet, the centerline of which gas main shall be 7.5 feet west of and parallel to the east property line of said EXPOSITION BOULEVARD. Said gas main described above shall have a cover of not less than 2 feet. (2) A gas main in WESTOVER ROAD, from Exposition Boulevard easterly 2040 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said WESTOVER ROAD. Said gas main described above shall have a cover of not less than 22 feet. (3) A gas main in SABINE STREET, from East 10th Street northerly 108 feet, the centerline of which gas main shall be 23 feet west of and parallel to the east property line of said SABINE STREET. Said gasmain described above shall have a cover of not less than 2 feet. (4) A gas main in EAST 9TH STREET, from Chalmers Avenue westerly 109 feet, the centerline of which gas main shall be 11.5 feet south of and parallel to the north property line of said EAST 9TH STREET. Said gas main described above shall have a cover of not less than 2 feet. (5) A gas main in EMERSON STREET, from a point 64 feet north of East 19th Street, southerly 54 feet, the centerline of which gas main shall be 7.5 feet west of and parallel to the east property line of said EMERSON STREET. Said gas main described above shall have a cover of not less than 2 feet. (6) A gas main in EAST 50TH STREET, from a point 108 feet west of Eilers Avenue westerly 55 feet, the centerline of which gas main shall be 7.5 feet south of and parallel to the north property line of said EAST 50TH STREET. Said gas main described above shall have a cover of not less than 2 feet. (7) A gas main in EAST 3RD STREET, from a point 84 feet west of Linden Street easterly 54 feet, the centerline of which gas main shall be 12.5 feet south of and parallel to the north property line of said EAST 3RD STREET. Said gas main described above shall have a cover of not less than 2 feet. CITY OF AUSTIN, TEXAS 347 347 The Southern Union Cas 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 Southern Union Gas 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 Southern Union Gas 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 franchises granted to said company by the City of Austin. Which motion, duly seconded by Councilman Mac Corkle, carried by the following vote: Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass 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 enter into a contract on behalf of the City of Austin with Paul O. Simms, for the laying of certain sanitary sewer mains, pipes and appurtenances in Barton Heights "B" Annex, 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. (Contract attached) "THE STATE OF TEXAS ( COUNTY OF TRAVIS ( KNOW ALL MEN BY THESE PRESENTS This contract made and entered into by and between the City of Austin a municipal corporation situated in Travis County, Texas, hereinafter for convenience sometimes called the City, and Paul O. Simms, of Travis County, State of Texas, hereinafter for convenience sometimes called the Customer: WITNESSETH: 348 348 CITY OF AUSTIN, TEXAS I. The City of Austin for the consideration hereinafter stated agrees to furnish all labor, tools, equipment, implements, appliances, and materials necessary to lay and agrees to lay certain sanitary sewer mains, other pipes and appurtenances in Barton Heights B. Annex on the streets and at the locations described as follows: In Collier Street from Garner Avenue to Bluebonnet Lane, a distance of approximately 915 feet; In Garner Avenue from Collier Street north approximately a distance of 200 feet; In Oxford Avenue from Collier Street north a distance of approximately 204 feet. II. It is estimated that all the work contemplated under Paragraph I above will cost the sum of Thirty-Three Hundred and Fifty-Five Dollars ($3,355.00) when completed; and the Customer in consideration of the foregoing obligations to the City, which are assumed for the benefit of the Customer in order to furnish sewer service to him, agrees to deposit the sum of Thirty-Three Hundred and Fifty-five Daollars ($3,355.00) with the City of Austin prior to commencement of the work. III. Within a reasonable time after deposit of the sum or sums of money as provid ed in Paragraph II, the City of Austin agrees to commence construction of the utility improvements described in Paragraph I and to prosecute said work in a good and workmanlike manner and with reasonable diligence until fully completed; but delays occasioned by matters and events over which the City has no control shall be excepted and not included in the time reasonably required to complète the work. IV. The deposit provided for in Paragraph II is an estimate only of the cost of constructing the utility improvements described in Paragraph I; and is is agreed that if the actual cost of such work is less than the amount deposited by the Customer, the City of Austin after the work is completed, will refund to the Customer the difference between the actual cost and the estimated cost of such work, but if the actual cost of such work shall exceed the amount of said deposit, the Customer agrees upon notice from the City immediately to deposit an additional sum to make up the difference between the estimated cost and the actual cost of the work. V. Immediately after completion of the utility improvements described in Paragraph I, the City of Austin will furnish to the Customer a statement of such costs, together with the date of completion of the work; and the City of Austin is hereby authorized, through its officers or agents, to note on this contract the CITY OF AUSTIN, TEXAS 349 349 correct figure stating the actual cost of such work and the date of completion. VI. It is agreed that the Customer shall be reimbursed for the money deposited as provided in Paragraph II above inthe following manner: Within sixty (60) days after the first day of January following completion of the work described in Paragraph I, the City shall pay to the Customer a sum equal to the gross amount of income realized by the City from the service and sale of water for usual, customary, and normal domestic, commercial and industrial uses to customers having a direct connection with the sewer mains, describ- ed above for the period of time immediately preceding the first day of January; and within sixty (60) days after the first day of January of each succeeding year the City agrees to pay to the Customer a sum equal to the gross income realized by the City during the preceding calendar year from the service and sale of water from said water lines for usual, customary, and normal domestic, commercial and industrial uses to customers having a direct connection with said sewer mains, until the total amount of the cost of construction of the utility improvements has been repaid; but in no event shall the City make such payments for a period of time longer than ten (10) years from the date of completion of said work (as such date is noted hereon under provisions of Paragraph V), even though the full cost of such work at the end of said time hasnot been refunded in full to the Customer; and if at any time before the expiration of said ten (10) year period the principal sum of such cost has been repaid, further payment shall cease. VII. It is agreed that the City may make such repairs and changes in all of said utility improvements, pipes, hydrants, and connections necessary to the orderly conduct of proper utility systems. Title to all said utility improvements shall be and remain at all times in the City of Austin. VIII. It is agreed that this contract is made with reference to the existing charter and ordinances of the City of Austin and laws of the State of Texas pertaining to all matters affecting this contract, and the Customer agrees to comply with all provisions of such laws, ordinances and charter. IX. It is agreed that the City of Austin may at its option retain any part or all of the deposit made by the Customer in complaince with Paragraphs II and IV of this contract and refuse to make the payments and refunds provided for in Paragraphs IV and VI of this contract in the event the Customer shall fail or refuse to comply substantially with any obligation lawfully imposed on the City regulating the platting, planning, and development of subdivisions within the City of Austin. IN TESTIMONY WHEREOF, The City of Austin has caused this instrument to be executed in duplicate by its City Manager, attested by its City Clerk, with its corporate seal affixed, and the said Paul 0. Simms has executed this the day of March, 1950. ATTEST: City Clerk APPROVED: Director of Utilities Director of Public Works 350 350 CITY OF AUSTIN, TEXAS City Attorney ************ ENTERED UPON AUTHORITY OF PARAGRAPH V: CITY OF AUSTIN BY Quiton Morgan, City Manager By Paul 0. Simms Actual cost of construction: $ Date of completion of work: CITY OF AUSTIN BY: vote: Which motion, duly seconded by Councilman Drake, 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) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the final plat of the subdivision known as the "A. D. Stenger Addition" approved by the City Plan Commission of the City of Austin on December 8, 1949, be and the same is hereby accepted and authorized to be filed of record in the office of the County Clerk of Travis County, Texas, in accordance with the pro351 351 CITY OF AUSTIN, TEXAS visions of the laws of the State of Texas, and the ordinances of the City of Austin, and that this action of the City Council be indicated by appropriate notation, signed by the Mayor, on the original plat of said subdivision prior to its recording in the Plat Records of Travis County, Texas. vote: Which motion, duly seconded by Councilman Long, carried by the following Ayes: Councilmen Drake, Johnson, Long, MacCorkle, Mayor Glass Noes: None There being no further business, the Council adjourned subject to call of the Mayor, at 2:20 P.M. ATTEST: City Clerk APPROVED: Mayor