CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting April 22, 1954 10:00 Α.Μ. Council Chamber, City Hall 365 365 The meeting was called to order with Mayor McAden presiding. Roll Call: Present: Councilmen Long, Pearson, Thompson, White, Mayor McAden Absent: None Present also: W. E. Seaholm, City Manager; W. T. Williams, Jr., City Attorney; C. G. Levander, Director of Public Works. Invocation was delivered by REV. T. ARNOLD DAVIS, Pastor Koenig Lane Christian Church. Councilman White moved that the Minutes of April 8th, 15th, and 20th be approved. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None MR. RALPH BICKLER, Travis Audubon Society, invited the Council to the opening of the first Nature Trail and Sanctuary, April 25th at 4:00 P. M. in Bee Creek Park. MR. & MRS. WAMPLER, 4601 Avenue D, read a petition signed by seven property owners regarding the overflow of the ditch in that area. The Director of Public Works explained there were three property owners who were not willing to give the City easements, and it looked as though there would have to be some condemnation suits against those owners. The Mayor asked Mr. and Mrs. Wampler to get with the Director of Public Works and possibly help to get the neighbors to sign the easements; and if nothing could be done within two weeks, the Council would look into the matter further to see if some relief could be given. MR. J. P. YEATES, Chairman of the Municipal Auditorium Advisory Committee submitted the following: CITY OF AUSTIN, TEXAS = 366 366 "TO THE HONORABLE MAYOR AND CITY COUNCIL, AUSTIN, TEXAS. "On April 10, 1952, your Municipal Auditorium Advisory Committee made the following recommendations: "(1) That the City Council of the City of Austin employ the architectural firms of Jessen, Jessen, Millhouse & Greeven and Page, Southerland and Page to undertake preliminary studies and to prepare preliminary sketches for a municipal auditorium, as well as to make tentative estimates of the cost of such a structure; : "(2) That if and when funds are available for the construction of such an auditorium, a contract in the usual AIA form be entered into with those architects for the preparation of all the necessary plans and specifications in final form and for the supervision of the work, their fee not to exceed 6% of the total cost of the work, and which fee shall also cover the cost of such services as may be rendered by any consulting architect, engineer, or other expert; and "(3) That if no formal contract has been made with the named architects on or prior to April 10, 1954, they be paid the actual expenses incurred by them in performing theservices described generally in paragraph (1) of this report, but no salary or other charge for the services of any of the partners in either of the named firms and no general overhead expenses shall be included in computing the expenses for which they are to be reimbursed. "Upon motion of Councilman Long, seconded by Councilman White, those recommendations weréadopted. At the same time the City Council unanimously designated the Butler Tract as the site for the auditorium. "During the following year, the Committee worked closely with and enjoyed the full cooperation of the architects. After considerable investigation, numerous conferences with the several members of the architectural firas, and a number of public hearings, on April 28, 1953, the Committee submitted another report. Incorporated therein were these recommendations: time. "(1) That a Municipal Auditorium be constructed at the earliest possible "(2) That a proper plan be devised for financing the work. "(3) That the architectural firms already named prepare a plan taking advantage of existing facilities so as to give the project maximum utility. "Bonds have been authorized to provide the funds for the construction of the auditorium. The money for additional necessary planning and professional services is now available. "The Committee has at all times had the fullest cooperation of Messrs Jessen, Jessen, Millhouse & Greeven and Page, Southerland & Page. The members of those firms have given a vast amount of time and attention to the project during the past two years. If they are not employed to go forward with the CITY OF AUSTIN, TEXAS 367 367 work already undertaken, there will be unnecessary delay in the preparation of the final plans and a needless outlay of public funds to cover the actual expenses heretofore incurred. Therefore, this Committee now unanimously recommends: "(1) That the City Council of the City of Austin employ the architectural firms of Jessen, Jessen, Millhouse & Greeven and Page, Southerland & Page to prepare all of the necessary plans and specifications for the construction of a municipal auditorium. "(2) That a contract in the usual AIA form be entered into with those architects, covering the preparation of said plans and specifications and the supervision of the work, their fee not to exceed 6% of the total cost of the work, and which fee shall also cover the cost of such services as may be rendered by any consulting architect, engineer, or other expert, as well as all expenses heretofore incurred by them in making preliminary studies and preparing preliminary sketches for the auditorium and tentative estimates of the cost of the work. "Respectfully Submitted, (S) J. P. Yeates Chairman (S) T. H. Williams, Jr. (S) Chester Snyder (S) Jay H. Brown (S) John S. Burns Members" Councilman Thompson was anxious to set up a plan whereby the bonds would be sold before any money were spent planning, etc., and then possibly run into a situation where the bonds would not be sold. MR. JAK BROWN, presented information from one company outlining requirements of the bond buyers, that plans must be submitted and revenues established. Councilmen Pearson suggested including in the plans, plans for office buildings for Association offices. Discussion on enlarging the seating capacity was held, Councilman White favoring enlarging the seating capacity if possible now rather than later. Councilman Thompson inquired about the distribution of the city's work among the various architects for the past 20 years. Action on the Committee's recommendation was postponed for two weeks, and the Committee was thanked for the amount of work it had already performed and for its continued work contemplated throughout the completion of the Auditorium. The Council deferred action on the application of MRS. JAMES GAULT, 4607 Shoalwood Avenue for a day Nursery until the following week. Opposition was expressed by Mrs. W. M. Stanley, 4611 Shoal Creek Blvd.; Mr. G. M. Houston, 4618 Shoelwood Avenue; and Mrs. Alex Fischer, 706 Garner. Councilman Pearson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Mrs. R. G. Scott has made application in writing for permission to use and maintain in her residence a day nursery complying with all City and CITY OF AUSTIN, TEXAS 367 368 State regulations, on the east 58' of Lot 18, Block 6, Crestview #1, in the City of Austin, Travis County, Texas, the same being on the south side of Cullen Avenue and locally known as 1205 Cullen Avenue, which property is located in an "A" Residence District and under Section #4, Item 13a of the Zoning Ordinance requires a special permit from the City Council; and WHEREAS, this application has been considered and approved by the City Council of the City of Austin, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT permission for the use and maintenance of a day nursery at the location described above be granted to Mrs. R. G. Scott. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman White 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: (1) A gas main in CLAWSON ROAD, from a point 113 feet south of Roberts Avenue northerly 146 feet, the centerline of which gas main shall be 9 feet west of and parallel to the east property line of said CLAWSON ROAD. Said gas main described above shall have a cover of notless than 2 feet. (2) A gas main in ROBERTS AVENUE from Clawson Road easterly 96 feet, the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of ROBERTS AVENUE. Said gas main described above shall have a cover of not less than 2½ feet. CITY OF AUSTIN, TEXAS 369 369 (3) A gas main in SHOAL CREEK BOULEVARD, from Shoalwood Avenue northerly 437 feet the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said SHOAL CREEK BOULEVARD. Said gas main described above shall have a cover of not less than 2½ feet. THE Southern Union Gas 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 msins, 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. vote: The motion, seconded by Councilman Pearson, carried by the following Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, J. B. Williams is the Contractor for the alteration of a building located at 303 East 7th Street and desires a portion of the sidewalk and street space abutting the West 23 feet of Lot 10 and the East 23 feet of Lot 1l, Block 67, 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 J. B. Williams, the boundary of which is described as follows: CITY OF AUSTIN, TEXAS 370 370 Sidewalk and Street Working Space Beginning at the northwest corner of the above described property; thence in a northerly direction and at right angles to the centerline of East 7th Street to a point 12 feet north of the south curb line; thence in an easterly direction and parallel to the centerline of East 7th Street approximately 43 feet to a point; thence in a southerly direction and at right angles to the centerline of East 7th Street to the north line of the above described property. 2. THAT the above privileges and allotment of space are granted to the said J. B. Williams, Hereinafter termed "Contractor", upon the following express terms and conditions: (1) That the Contractor shall construct a 4-foot walkway within the outer boundaries of the above described working space, such walkway to be protected on each side by a guard rail at least 4 feet high and substantially braced and anchored, and without wood strips or obstructions of any kind along the pavement within the walkway and at any time in the opinion of the City officials it becomes necessary for any reason to install a board floor within the walkway, the Contractor shall upon notice from the Building Inspector immediately place such a wood floor and substantially support same to prevent sagging under load. (2) That the Contractor is permitted to construct in his working space a substantial gate which shall be kept closed at all times when not is use, and at all times that such gate is open, the Contractor shall maintain a person at this gate to warn pedestrians and vehicles of approaching trucks. This gate is not to open out so as to impede vehicular or pedestrian traffic. (3) That no vehicles in loading or unloading material at the working space shall park on any part of the street outside of the alloted working space. (4) That "No Parking" signs shall be placed on the street side of the barricades. (5) That the Contractor is permitted to construct a temporary work office within such allotted working space provided such work office is not within 25 feet of any corner street intersection. (6) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (7) 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. (8) 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. (9) 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, CITY OF AUSTIN, TEXAS 371 371 barricades, materials, equipment and other obstructions shall be removed not later than July 15, 1954. (10) 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. (11) 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. (12) That any public utility, or public or private 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 Contractor City forces, or public utilities, shall be replaced or repaired at the Contractors expense. (13) That the Contractor shall furnish the City of Austin a surety bond in the sum of One Thousand Dollars ($1,000.00), which shall proctect, 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: 1 The motion, seconded by Councilman Thompson, carried by the following Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None 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 the property situated on the south side of East 9th Street as a private diesel fuel plant consisting of a 1000 gallon tank and electric pump for the sole purpose of servicing his own motor equipment, and from which no diesel fuel is to be sold, which property is owned by Oak Farms Dairies, and is designated as the west 52 feet of Lot 6 and the east 46 feet of Lot 7, Block 92 of the Original City of Austin, Travis County, Texas, and hereby authorizes the said Oak Farms Dairies to operate a private diesel fuel plant consisting of a 1000 gallon tank and electric pump for the sole purpose of servicing their own motor equipment, and from which no diesel fuel 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 diesel fuel 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 regulations and ordinances of the City CITY OF AUSTIN, TEXAS 372 372 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 Oak Farms Dairies has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Mr. Walter E. Seaholm City Manager Austin, Texas "Dear Sir: : "Austin, Texas April 22, 1954 "I, the undersigned, have considered the application of Oak Farms Dairies for permission to operate a private diesel fuel plant consisting of a 1000 gallon underground tank and pump for the sole purpose of servicing their own motor equipment and from which no motor fuel is to be sold, upon property located on the south side of East 9th Street, which property is designated as the West 52 feet of Lot 6 and the East 46 feet of Lot 7, Block 92 of the Original City of Austin, Travis County, Texas, and locally known as 607-609 East 9th Street. "This property is located in a "C" Commercial District and I recommend that this permit be granted subject to the following conditions: "(1) That the diesel fuel tanks and pumps shall be of an approved type and shall bear the label of the Underwriters Laboratories, Inc., and that all tanks and pumps shall be installed in compliance with the Ordinance governing the storage and handling of diesel fuel. "(2) That all tanks and pumps shall be located not nearer than 10 feet to the property line and so located that cars stopped for the purpose of unloading or receiving diesel fuel or other supplies shall not in any way obstruct the free passage of traffic on either the sidewalk, street or alley. "(3) That "NO SMOKING" signs shall at all times be prominently displayed and no person shall be permitted to smoke on the premises where diesel fuel is handled or stored. "(4) That all fees shall be paid and a permit secured from the Building Inspector's Office before any installation work is started, and that no equipment shall be placed in operation until after final inspection and approval of same. "Respectfully submitted, (S) J. C. Eckert Building Inspector" vote: The motion, seconded by Councilman Thompson, carried by the following Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None CITY OF AUSTIN, TEXAS 373 373 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 Airport Boulevard and East 51st Street which property fronts 143.21 feet on Airport Boulevard and 56.61 feet on East 51st Street, and being known as Lot 9 and a portion of Lots 10, 11 and 12, Block C, Ridgetop Addition in the City of Austin, Travis County, Texas, and hereby authorizes the said Harry Poulos and John Joseph 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 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 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 Harry Poulos and John Joseph have failed and refused and will continue to fail and refuse to perform any such conditions, regulations, and ordinances. (Recommendations attached) "Mr. Walter Seaholm City Manager Austin, Texas "Dear Sir: "April 22, 1954 "We, the undersigned, have considered the application of Harry Poulos and John Joseph 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 corner of Airport Boulevard and East 51st Street, which property fronts 143.21 feet on Airport Boulevard and 56.61 feet on East 51st Street and being known as Lot 9 and a portion of Lots 10, 11 and 12, Block C, Ridgetop Addition, in the City of Austin, Travis County, Texas, and the property upon which this filling station is to be located is owned by Harry Poulos and John Joseph 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. "All drainage, natural or otherwise, from this filling station is to be disposed of in such a manner that such drainage will not flow across the sidewalk area into the street and furthermore, shall not create a nuisance to others in the neighborhood and it is understood that the disposal of such drainage shall be entirely the responsibility of the property owner. "We recommend that Harry Poulos and John Joseph be granted permission CITY OF AUSTIN, TEXAS 374 374 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. and 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 accordance with the ordinance prohibiting the disposal of commercial water or oils upon the City streets. "(4) That thegrades 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-H146. "(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 Η - 1279. "(6) Expansion joints shall be constructed as shown upon the plan hereto attached marked 2-H-1279 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 Certification of Operation before such filling station can be put into service. vote: "Respectfully submitted C. G. Levander Director of Public Works (S) J. C. Eckert Building Inspector" The motion, seconded by Councilman Thompson, carried by the following Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None CITY OF AUSTIN, TEXAS 325 375 Pursuant to published notice thereof a public hearing was held on the following zoning applications: DEAN O. SMITH 3409 Jefferson St. From "A" Residence To "C" Commercial NOT Recommended by the Planning Commission The Mayor asked those who favored upholding the recommendation of the Planning Commission and denying the change to vote "aye"; those opposed to vote "no". Roll call showed the following: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the change had been denied. WEBB CONNELLY 4606 Connelly St. From "A" Residence To "B" Residence RECOMMENDED "B" 6th Height and Area by the Planning Commission Mr. Connelly appeared on behalf of his application. No opposition appeared. The Mayor asked that those who favored upholding the recommendation of the Plan Commission to vote "aye"; those opposed to vote "no". Roll call showed the following: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the requested change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. W. A. ALFF 2201-03 East Avenue From "C" Commercial To "C-2" Commmercial RECOMMENDED by the Planning Commission Mr. Alff appeared on behalf of his application. No opposition appeared. The Mayor asked that those who favored upholding the recommendation of the Plan Commission to vote "aye"; those opposed to vote "no". Roll call showed the following: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the requested change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. CITY OF AUSTIN, TEXAS 376 376 HENRY WIRE, C. C. LINSCOMB, C. P. HUNT, YOUNG & PRATT Rear 2020 & 2030 So.Lamar; 1501 & 1402-04 Hether St. From "A" Residence To "C" Commercial RECOMMENDED "C" 6th Height and Area by the Planning Commission on revised application omitting Lot 8 Mr. Wire appeared on behalf of this application. No opposition appeared. The Mayor asked that those who favored upholding the recommendation of the Plan Commission to vote "aye"; those opposed to vote "no". Roll call showed the following: Ayes: Councilmen Long, Thompson, Mayor McAden Noes: Councilmen Pearson, White Councilmen Pearson and White voting against the change as Mr. Wire had promised to do some paving when the last change was granted and had not yet done it. He promised to pave this coming summer. The Mayor announced the requested change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. J. H. BERRYMAN 5213-15 Avenue F & 201-03 East 53rd St. From "A" Residence To "C" Commercial RECOMMENDED by the Planning Commission Mr. Berryman appeared on behalf of his application. Mr. Roy Delemater filed a petition in protest. Mr. Vaughn Aynesworth was opposed to commercial property as there were no paved streets and lights from the proposed filling station would be bothersome. He wanted to keep it residential and he stated that Mr. A. K. Goushe opposed this change also. Action was deferred for one week in order for the Council to make an inspection of the area. 377 377 CITY OF AUSTIN, TEXAS mot Mayor McAden introduced the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED: "AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF AUSTIN; PRESCRIBING PENALTIES FOR THE VIOLATION OF SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY," WHICH ORDINANCE WAS PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, MAY 6, 1937, AND IS RECORDED IN BOOK "K", PAGES 159-179, INCLUSIVE OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, BY AMENDING SUBDIVISION (b) OF SECTION 23-A, RELATING TO MILITARY PASSENGER AND LOADING ZONES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden 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, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the ordinance had been finally passed. Mayor McAden introduced the following ordinance: 5 AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED: "AN ORDINANCE REGULATING TRAFFIC UPON THE PUBLIC STREETS OF THE CITY OF AUSTIN; PRESCRIBING PENALTIES FOR THE VIOLATION OF SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY," WHICH ORDINANCE WAS PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, MAY 6, 1937, AND IS RECORDED IN BOOK "K", PAGES 159-179, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN BY AMENDING SECTION 12(b) OF ARTICLE III RELATING TO STOP SIGN LOCATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; DECLARING AN CITY OF AUSTIN, TEXAS = 378 378 EMERGENCY AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. 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 Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden 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, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilman Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the ordinance had been finally passed. Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on April 29, 1954, for all 500 KVA Regulator for West Substation; and, WHEREAS, all bids were identical in the sum of $14,319.00; and, WHEREAS, acceptance of the bid of Graybar Electric Company in the sum of $14,319.00 was recommended by the Superintendent of the Electric Division of the City of Austin and by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: accepted. vote: That the bid of Graybar Electric Company be, and the same is hereby The motion, seconded by Councilman Pearson, carried by the following Ayes: Councilmen Pearson, Thompson, White, Mayor McAden Noes: Councilman Long* *Councilman Long voting against the motion with the statement she believed there was collusion and she would not accept that kind of bid. CITY OF AUSTIN, TEXAS 379 379 Councilman Pearson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on April 14, 1954, bids were received for the construction of an electric duct line consisting of three sections: Item I extending from East 10th Street Alley and Brazos Street to East 12th Street and Neches Street, Item II extending from East 12gh Street and Neches Street to East 13th Street and Sabine Street Substation, and Item III extending from East 13th Street and Sabine Street Substation to the west property line of Brackenridge Hospital; and, WHEREAS, the bid of Austin Engineering Company in the sum of $10,840.00 was the lowest and best bid on Item I base bid; and the bid of Enix Construction Company in the sum of $10,497.00 was the lowest and best bid on Item II base bid; and the bid of Enix Construction Company in the sum of $2,295.00 was the lowest and best bid on Item III alternate B bid; and, WHEREAS, the acceptance of such bids has been recommended by the Superintendent of the Electric Department of the City of Austin and the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That each of such bids be and the same are hereby accepted, and W. E. Seaholm, City Manager, is hereby authorized and directed to execute contracts with each of such bidders for the performance of the work upon which auch bids were made and for the amounts of the respective bids. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The City Manager recommended extension of contract of engineering service to Burns and McDonnell, stating the cost would not exceed $150,000, and that their past services had been excellent. Councilman White offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. E. Seaholm, City Manager, be and he is hereby authorized to enter into contract on behalf of the City with Burns and McDonnell Engineering Company of Kansas City, Missouri for professional engineering services incidental to the expansion of the City Power Plant, such contract to provide for pay- ment for such services in an amount not to exceed $150,000.00. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Pearson, Thompson, White, Mayor McAden Noes: Councilman Long Councilman Long made the following statement regarding her vote: "Because of my position concerning the constructing and doubling the CITY OF AUSTIN, TEXAS = 380 380 capacity of the Power Plant without a thorough survey to determine the need of whether or not the power is available in other fields, whether or not it can be purchased cheaper, whether or not you can use a different type of power, whether or not the need is going to be that great, and many other things that could be determined through a study of the complete power system of Austin, I vote 'no'." Councilman Pearson made the following statement regarding his vote: "Because we have been advised by many, many different concerns that power is not available, and we must proceed with the Power Plant in Austin or be without electricity, I vote 'yes'." Councilman Long wanted the further statement in the record that "not at any meeting of this Council had we had any technical advice from outside people concerning a study made of the City of Austin and throughout the area whether or not there is available electricity in the area to be purchased." Councilman Pearson stated that "Every route that we would approach from people that are in the know on this would advise us that absolutely there was not possible any other way than the route that we are going; and would it have been advisable to have hired another firm to come in and look it over?" Councilman Long stated that "perhaps STONE & WEBSTER or some other big concern could have made a thorough study of our organization and we could have gone a different route and saved money over a period of years." Mayor McAden 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 "A" RESIDENCE DISTRICT TO "B" RESIDENCE DISTRICT ON LOT 11, BLOCK 5, OUTLOT 35, DIVISION B, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Long moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None CITY OF AUSTIN, TEXAS 381 381 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, seconded by Councilman Thompson, carried by the following vote: Ayes: CouncilmenLong, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the ordinance had been finally passed. Mayor McAden 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 VI", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION FROM "C" COMMERCIAL DISTRICT TO "C-1" COMMERCIAL DISTRICT ON A RECTANGULAR TRACT OF LAND, BEING PART OF OUTLOT 26, DIVISION "E" AND BEING LOCALLY KNOWN AS 603 WEST 19TH STREET IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. 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 Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the second time and Councilman Long moved that The the rule be suspended and the ordinance passed to its third reading. motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed. The motion, seconded by Councilman Thompson, 382 382 CITY OF AUSTIN, TEXAS carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the ordinance had been finally passed. Mayor McAden 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 SIXTH HEIGHT AND AREA DISTRICT ON THE EAST ONE-HALF OF LOTS 2 AND 3, BLOCK 69, AND THE WEST ONE-HALF OF LOTS 2 AND 3, BLOCK 69, BOTH IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS AND HEIGHT AND AREA 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 Long moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden 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, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed, The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 383 383 Mayor McAden 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 AND THE HEIGHT AND AREA DESIGNATION FROM "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C"COMMERCIAL DISTRICT AND SIXTH HEIGHT AND AREA DISTRICT ON THREE TRACTS OF LAND OUT OF OUTLOT NO. 52, DIVISION "A", LOCALLY KNOWN AS 2700-09 GOODWIN AVENUE AND 3503 WEBBERVILLE ROAD, 3403, 3407 WEBBERVILLE ROAD AND 3411, 3413 AND 3501 WEBBERVILLE ROAD, RESPECTIVELY, ALL IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE AND HEIGHT AND AREA 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 Long moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden 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, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 384 384 The Council set the following application for change of zoning for public hearing on May 13th, 1954 at 11:00 Α.Μ.: W. P. GOODWIN 1124-34 Kirk Avenue 1.51 ac.out of OL 48, Division A From "A" Residence To "C" Commercial RECOMMENDED with 6th Height and Area by the Planning Commission The Council received notice from the City Manager that the following application for change of zone had been referred to the Plan Commission: SHAFIE G. SABER 3818 So.Congress Ave. From "C" Commercial To "C-1" Commercial Councilman Long requested the City Manager to instruct the Traffic Department to make a study of the alley running in back of 1102 Lavaca to see if there should not be "no parking" there. Cars had been parking all day and trash trucks could not get through. Councilman Long had noted the Highway Commission was favorable to the thoroughfare route through the south of the city, except they were asking that the City purchase 200'. The City Manager stated he would make a report on that. Mayor McAden submitted a request from some doctors requesting parking meters on 11th to 13th on Nueces. The City Manager stated most of the requests were for no-parking. The City Manager, on behalf of the Texas City Managers' Association, invited the Council to their banquet at 6:30 P. M. at the Driskill Hotel. There being no further business the Council adjourned at 12:30 P. M. subject to the call of the Mayor. ATTEST: City Clerk APPROVED Mayor