CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting May 20, 1954 10:00 Α.Μ. Council Chamber, City Hall 436 436 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. C. L. BOHLS, St. Johns Lutheran Church. Councilman White moved that the Minutes of May 13th be approved. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None MR. WILLIE BARTEE, St. John's Addition, asked that the streets in this area be improved and that they be sprayed with asphalt; that something be done to provide water particularly in MEADOWS and PROVIDENCE STREETS; that their area be patrolled, and that something be worked out about the highway en route to their school, in that the one-way direction caused them to have to go from six blocks to a mile and a half before they could turn in. Regarding the water situation, Mr. Bartee was advised to help get the people all signed up for deposits; and as soon as the deposits were made, the water would be available to them. The Highway Department is now making a very serious study concerning the crossings, and possibility of a pedestrian tunnel. The City Manager outlined the possibilities under consideration by theCity and Highway Department. The Mayor suggested giving this area some relief on the dust problem by sprinkling their streets with the asphalt mixture. MR. LANDON BRADFIELD and MR. GEORGE SHEPPARD appeared concerning the property between Northland Drive and Anderson Lane, and stated the need of a study of the zoning in this area to determine whether the area should be CITY OF AUSTIN, TEXAS 1437 437 industrial or residential. He pointed out a nuisance establishment which had a smokestack and asked that something be done to control this as dust was blown all over the northwest part of Austin. He asked that some kind of zoning be established which would permit the proper development of that area. Councilman Long suggested that the people in the area petition to be annexed. Councilman White was not ready to annex any portion of the outside area until such time that the City could give these people services for which they were entitled, by being annexed. Councilman Long stated she was opposed to limited annexation. Mr. Bradfield asked the Council to determine whether or not an emergency situation existed which would require zoning of some kind of annexation and to take such action through the Departments--Planning Department, Legal Department and Public Works Department to get a study and recommendation. Councilman Long asked that it be recorded that she was against limited annexation. Councilman Long moved that the City Planning Commission be asked to make a study of the area in north-west Austin from Highland Park south to Anderson Lane north and from the present city limit line west, the area to be determined by them, as to the proper zoning and possible annexation of the territory or other recommendations that they see fit to make. The motion, seconded by Councilman Thompson, carried by the following vote: tion: Ayes: Councilmen Long, Pearson, Thompson, White Noes: None Present but not voting: Mayor McAden Councilman Pearson offered the following resolution and moved its adop(RESOLUTION) WHEREAS, Mrs. Nina Lind has made application in writing for permission to use and maintain in her residence a day nursery complying with all City and State regulations, on Lots 25, 26, and 27, Block 18, Hyde Park #2, in the City of Austin, Travis County, Texas, the same being on the west side of Avenue D and locally known as 4108 Avenue D, 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. Nina Lind. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Council had before it the application of MRS. LLOYD DAVID for permission for a day nursery school at 2101 Oldham Street. MR. M. I. SMITH, 2061 Sabine, objected personally and in behalf of MRS. GRESHAM, and MRS. WILLIE HUPPERTZ. Councilman Thompson noted there was a tremendous need of this type of CITY OF AUSTIN, TEXAS 458 438 endeavor, and it was a social need of the town, and was beneficial to the welfare of the town in trying to solve one of its problems. Councilman White then offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Mrs. Lloyd David has made application in writing for permission to use and maintain in her residence a day nursery school complying with all City and State regulations, on Lot 1, Block 29, Christian Fellman Addition, Outlot 25, Division C, in the City of Austin, Travis County, Texas, the same being on the east side of Oldham Street and locally known as 2101 Oldham Street, 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 school at the location described above be granted to Mrs. Lloyd David. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman Pearson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Dr. R. E. Lingenfelter has made application in writing through his agent Clyde Welch, for permission to operate a doctor's office and clinic for human beings only, on Lot 56, Outlot 6, Division Z, Enfield A, of the Original City of Austin, Travis County, Texas, the same being on the west side of Baylor Street and locally known as 1214 Baylor Street, and is located in a "B" Residence District which 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 operation and maintenance of a doctor's office and clinic for human beings only be granted to Dr. R. E. Lingenfelter with the following conditions: 1. That this clinic be used in the general practice of medicine and that no mental or psychiatric patients be housed in such clinic. 2. That all regulations required in this zone and all building code provisions be complied with in the operation and maintenance of such building. CITY OF AUSTIN, TEXAS 439 439 The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman Pearson 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 east side of Springdale Road as a Bulk Gasoline Storage Plant, which property is owned by the Gulf Oil Corporation and is designated as the west half of the original Paul Fuerbacher 10 acre tract out of the J. C. Tannerhill League in the City of Austin, Travis County, Texas, and hereby authorizes the said Gulf Oil Corporation to erect a Bulk Gasoline Storage Plant, subject to the same being operated in compliance with all the ordinances relating thereto, and further subject to the foregoing recommendations; and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this Bulk Gasoline Storage 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 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 Gulf Oil Corporation 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: "May 20, 1954 Austin, Texas "I, the undersigned, have considered the application of the Gulf Oil Corporation through their agent, V. C. Jung, for permission to erect a bulk storage plant or oil terminal consisting of nine 13,000 gallon vertical above ground tanks for the light oils; one 35,810, and one 13,990 barrel tank for gasoline; and one 8,950 barrel tank for kerosene together with truck loading facilities upon property located on the east side of Springdale Road adjacent to the Humble Oil & Refining Company pipe line terminal as shown on the sketch attached hereto, which property is designated as the west half of the original Paul Fuerbacher 10 acre tract out of the J. C. Tannerhill League in the City of Austin, Travis County, Texas, and locally known as 1101 C Springdale Road. "This property is located in a "D" Industrial and Sixth Height and Area District and I recommend that this permit be grantedsubject to the following conditions: CITY OF AUSTIN, TEXAS 440 "(1) That all pumps, and other equipment used in connection with the handling of gasoline or other volatile liquid, shall bear the label of the Underwriter's Laboratories, Inc., and all such equipment shall be installed in compliance with the rules and regulations governing such installations an prescribed by the National Board of Fire Underwriters and all such equipment shall be inspected by and approved by the Fire Marshall of the City of Austin before being placed in service. All tanks shall meet the standards and specifications of the National Board of Fire Underwriters. "(2) That only electric lights shall be used in buildings or on premises where gasoline or other volatile liquid is stored or handled, and all electric wiring for lights or meters shall be installed in compliance with the ordinances and regulations of the City of Austin governing the wiring of any such buildings or premises, and shall be inspected and approved by the Electrical Inspector of the City of Austin. "(3) That there shall be provided in all buildings, or on premises where gasoline or other volatile liquids are stored or handled, at least one National Board of Fire Underwriters approved type fire extinguisher for every two thousand (2000) square feet of floor space, or fraction thereof, each of which fire extinquishers shall be kept in good working order at all times. "(4) That "NO SMOKING" signs shall be displayed prominently about the premises at all times and no person shall be permitted to smoke on the premises where gasoline is stored or handled. "(5) That all fees shall be paid and a permit secured from the Building Inspector's Office before installation work is started, and inspection and approval of same. "Respectfully submitted, (Sgd) J. C. Eckert Building Inspector" The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman Pearson 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 southwest corner of the intersection of East 12th Street and Webberville Road, which property fronts 277.36 feet on East 12th Street and 234.36 feet on Webberville Road and being out of the Jesse Tannehill League in the City of Austin, Travis County, Texas, and hereby authorizes the said Jack Ritter to construct, maintain and operate CITY OF AUSTIN, TEXAS 441 a drive-in gasoline filling station and to construct curbs, ramps and sidewalks in conjunction therewith, subject to the same being constructed in com- pliance 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 Jack Ritter has 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: "May 20, 1954 "We, the undersigned, have considered the application of the Jack Ritter, Inc. Oil Company 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 southwest corner of the intersection of East 12th Street and Webberville Road, which property fronts 277.36 feet on East 12th Street and 234.36 feet on Webberville Road and being out of the Jesse Tannehill League in the City of Austin, Travis County, Texas, and the property upon which this filling station is to be located is under lease to Jack Ritter 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 Jack Ritter be granted permission to construct, maintain and operate said drive-in gasoline folling station and to construct curbs, ramps and sidewalks in conjunction therewith, subject to the following conditions: "(1) That all buidings 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. CITY OF AUSTIN, TEXAS 2 442 "(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 Loboratories, 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 the grades of the station shall be such that no waste water or oils or any floor washings shall ever pass over the City sidewalk area and that all of said oils and water shall be concentrated into a combined grease and sand trap which shall be constructed in accordance with our standard plan 2 Η- 146. - "(5) That all filling station improvements, pump islands, driveways, ramps, gutters, sidewalks and curbs shall be constructed of concrete at the expense of the applicant as set forth upon the plan hereto attached, which plan bears the Department of Public Works file number 2-H- 1281. "(6) Expansion joints shall be constructed as shown upon the plan hereto attached marked 2 1281 and shall be of the pre-moulded type. - H - "(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. "Respectfully submitted, C. G. Levander Director of Public Works (Sgd) J. C. Eckert Building Inspector" The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None 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 CITY OF AUSTIN, TEXAS 443 443 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 AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND SIXTH HEIGHT AND AREA DISTRICT ON AN UNPLATTED 1.51 ACRE TRACT OF LAND OUT OF OUTLOT 48, DIVISION "A", FRONTING 300 FEET ON THE WEST SIDE OF KIRK AVENUE, LOCALLY KNOWN AS 1124-34 KIRK AVENUE, 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 White moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the second time and Councilman White moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None adoption: Councilman Thompson offered the following resolution and moved its (RESOLUTION) WHEREAS, the City Council of the City of Austin has found that public necessity requires the opening, construction and maintenance of an additional street, highway, and freeway in the City of Austin extending from its north limits to its south limits, said street, highway and freeway being commonly known as "Interregional Highway"; and WHEREAS, the City Council has found and determined that the hereinafter described land is suitable for such purpose and that it is necessary to acquire said land for such street, highway and freeway; and, WHEREAS, the City of Austin has negitiated with the owner of such land and has been unable to agree with such owner as to the fair cash market value thereof, Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: CITY OF AUSTIN, TEXAS 4444 That the City Manager be and he is hereby authorized and directed to file or cause to be filed against all owners and lienholders, a suit in eminent domain to acquire fee simple title for said purpose to the following described tract of land: 3.656 acres of land, same being out of and a part of a certain 14.83 acre tract of land out of the Santiago Del Valle Grant in the City of Austin, Travis County, Texas, a one-third (1/3) interest in and to said 14.83 acre tract having been conveyed to T. C. Steiner by each of the following three (3) warranty deeds: (1) Dated December 16, 1930, of record in Volume 459, page 582, Deed Records of Travis County, Texas; (2) Dated September 9, 1931, of record in Volume 471, page 562, Deed Records of Travis County, Texas; (3) Dated July 15, 1936, of record in Volume 544, page 375, Deed Records of Travis County, Texas; said 3.656 acres of land being more particularly described by metes and bounds as follows: BEGINNING at an iron pipe at the point of intersection of the proposed west right-of-way line of the Interregional Highway with the north line of the said Steiner tract, and from which point of beginning the southwest corner of the first tract of land described in a deed from E. C. Gaines, et ux, to P. W. McFadden, Mayor of the City of Austin, dated March 16, 1928, of record in Volume 414, page 558, Deed Records of Travis County, Texas, bears N. 60° 14' W. 274.45 feet; THENCE with the north line of the said Steiner tract S. 60° 14' E. at 50.02 feet pass an iron pipe, in all a distance of 270.82 feet to the northeast corner of the said Steiner tract; THENCE with the east line of the said Steiner tract, S. 31° 18' W. 6325560feet to an iron pipe on the southeast corner of the said Steiner tract; THENCE with the south line of the said Steiner tract, N. 58° 02' W. at 188.63 feet pass an iron pipe, in all a distance of 224.55 feet to an iron pipe on the west right-of-way line of the Interregional Highway; THENCE with the proposed west right-of-way line of the Interregional Highway, N. 18° 45' E. 86.0 feet to a point; THENCE continuing with the proposed west right-of-way line of the Interregional Highway, N. 28° 22' E. 539.25 feet to the point of beginning. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None CITY OF AUSTIN, TEXAS 1445 445 Councilman Thompson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the City Council of the City of Austin has found that public necessity requires the opening, construction and maintenance of an additional street, highway, and freeway in the City of Austin extending from its north limits to its south limits, said street, highway and freeway being commonly known as "Interregional Highway"; and, WHEREAS, the City Council has found and determined that the hereinafter described land is suitable for such purpose and that it is hecessary to acquire said land for such street, highway and freeway; and, WHEREAS, the City of Austin has negotiated with the owner of such land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, 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 file or cause to be filed against all owners and lienholders, a suit in eminent domain to acquire fee simple title for said purpose to the following described tracts of land: Two (2) tracts of land, the tract of land hereinafter described as No. 1 being 5.248 acres of land out of and a part of Lots 8 and 9 of the South Side Addition, a subdivision of a portion of the Santiago Del Valle Grant in the City of Austin, Travis County, Texas, according to a map or plat of said subdivision of record in Book "X", Pages 576-577, Deed Records of Travis County, Texas, which Lots 8 and 9 were conveyed to B. W. Reinke and wife, Anna Reinke, by warranty deed dated May 4, 1946 of record in Volume 794, Page 82, Deed Records of Travis County, Texas and described in said deed as Tract No. 2; the tract of land hereinafter described as No. 2 being 4.914 acres of land out of and a part of that certain 8.24 acres of land out of the Santiago Del Valle Grant in the City of Austin, Travis County, Texas, which was conveyed To B. W. Reinke and wife, Anna Reinke, by warranty deed dated May 4, 1946 of record in Volume 794, Page 82, Deed Records of Travis County, Texas and described in said deed as Tract No. 1, which two (2) tracts of land are more particularly described by metes and buunds as follows: No. 1 BEGINNING at an iron pipe in the proposed west Right-of-Way line of the Interregional Highway, which iron pipe is also in the south line of Mariposa Drive and the north line of said Lot 9 of South Side Addition; THENCE with the south line of Mariposa Drive and the CITY OF AUSTIN, TEXAS 446 446 north line of Lot 9 and 8 S. 58° 35' E. 300.42 feet pass an iron pipe in the proposed east Right-of-Way line of the Interregional Highway, in all a distance of 309.38 feet to a point; THENCE with the east fence line of the said Reinke tract and its northerly prolongation S. 31° 26' W. at 153.53 feet pass an iron stake on the pro- posed east Right-of-Way line of the Interregional Highway, in all a distance of 493.83 feet to a point; THENCE S. 31° 25' W. 78.08 feet to a point; THENCE S. 31° 36' W. 231.68 feet to a point in the south line of said South Side Addition; THENCE with the south line of the said South Side Addition, N. 580 35' E. at 2.93 feet pass an iron pipe at 273.93 feet, pass another iron pipe, in all a distance of 286.12 feet to an iron pipe in the proposed west Right-ofWay line of the Interregional Highway; THENCE with the proposed west Right-of-Way line of the Interregional Highway N. 38° 59' E. 114.05 feet to a point; THENCE continuing with the proposed west Right-of-Way line of the Inter regional Highway N. 28° 22' E. 691.50 feet to the point of beginning. No. 2 BEGINNING at an iron pipe in the proposed west Right-of-Way line of the Interregional Highway which beginning point is also in the south line of Lot 9 and the south line of the said South Side Addition'; THENCE with the south line of Lot 9 and the south line of South Side Addition S. 58° 35' E. at 12.19 feet pass an iron pipe, at 283.19 feet pass another iron pipe, at 346.17 feet pass another iron stake in the proposed east Right-of-Way line of the Interregional Highway, at 352.02 feet pass the northeast corner of the said Reinke tract as described in said deed of record in Vol- ume 794, Page 82, Deed Records of Travis County, Texas, in all a distance of 366.02 feet to the northeast fence corner of the said Reinke tract; THENCE with the east fence line of the said Reinke tract S. 46° 46' W. at 39.60 feet pass an iron stake on the proposed east Right-of-Way line of the Interregional Highway, in all a distance of 105.30 feet to a point; THENCE S. 46° 25' W. 245.83 feet to a point; THENCE S. 62° 39' W. 70.28 feet to a point; THENCE S. 56° 39' W. 254.49 feet to a point; THENCE S. 73° 54' W. 108.33 feet to a point; THENCE with the south line of the tract of land described as Tract No. in deed of record in Volume 794, Page 82, Deed Records of Travis County, Texas, N. 21° 37' W. 171.63 feet to an iron pipe in the proposed west Right-of-Way line of the Interregional Highway; THENCE with the proposed west Right-of-Way line of the Interregional Highway, N. 38° 59' E. 611.12 feet to the point of beginning. CITY OF AUSTIN, TEXAS 447 447 vote: The motion, seconded by Councilman Pearson, carried by the following Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman Thompson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, by that certain instrument of record in Volume 655, page 361, Deed Records of Travis County, Texas, a certain electricline easement was granted the City of Austin on the hereinafter described land; and, WHEREAS, such easement covers the entire tracts and creates a burden on the title of same; and, WHEREAS, the present owner of said tracts has executed a descriptive centerline easement covering the present electric facilities located on said tracts; and, WHEREAS, such easement as hereinafter described is not now needed and hereafter will not be required by the City of Austin; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. E. Seaholm, City Manager, be and he is hereby authorized and directed to execute a release of such easement described as follows: An electric line easement on two tracts of land belonging to W. D. Anderson out of the Isaac Decker League and the Santiago Del Valle Grant, said tracts being more particularly described in those certain warranty deeds of record in Volume 1436, page 265, and Volume 1435, page 485, Deed Records of Travis County, Texas, which easement is of record in Volume 655 at page 361, Deed Records of Travis County, Texas. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman Thompson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, by that certain instrument of record in Volume 659, at page 561, Deed Records of Travis County, Texas, S. J. Larson did grant a certain blanket electric line easement to the City of Austin on various pieces of property, including the hereinafter described tract; and, WHEREAS, such blanket electric line easement covers the entire tract, CITY OF AUSTIN, TEXAS = 448448 as hereinafter described, which creates a burden on the title of same; and, WHEREAS, the present owners of said tract have executed a descriptive centerline easement for the location of necessary service lines on said tract; and, WHEREAS, such easement, as hereinafter described, is not now needed and hereafter will not be required by the City of Austin; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. E. Seaholm, City Manager, be and he is hereby authorized and directed to execute a release of such blanket electric line easement described as follows: An electric line easement on Lot 102, Lakeshore Addition, a subdivision of a portion of the Wilkerson-Sparks Survey and the David Thomas Survey, in Travis County, Texas, which blanket electric line easement is more particularly described in that certain instrument of record in Volume 659, at page 561, Deed Records of Travis County, Texas. The motion, seconded by Councilman Pearson, carried by the following vote Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None MR. JACK BROWN asked permission to lease property across from the 7-11 Stores on Koenig Lane, about 330' from the Dallas Highway, 75' wide. He wanted to use it for a laundry substation. The City Manager recommended a lease for $50.00 a month on a yearly basis. Councilman Long thought it was worth $75.00. Councilman White moved that this property be leased to MR. BROWN for $50.00 a month for a period of a year, to be extended by mutual agreement. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None MR. DAVID WILSON, President of the Junior Chamber of Commerce, invited the Council to the Junior Chamber of Commerce Banquet. The Council set the following application for change of zoning for public hearing on June 24th instead of June 10th as previously set: DR. SIDON HARRIS & MISS ANNIE B. GILES 3000-06 & 3100-10 Red River From "A" Residence To "B" Residence The Mayor brought up the following ordinance for its third reading: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, JULY 17, 1941, AND RECORDED IN ORDINANCE BOOK "L", PAGES 152-174, INCLUSIVE, OF THE CITY OF AUSTIN, TEXAS 449 449 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 AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND SIXTH HEIGHT AND AREA DISTRICT, ON A PORTION OF LOTS 1 AND 7, AND ALL OF LOTS 9, 25 AND 26, STAEHELY AND WENDLANDT SUBDIVISION, 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 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, Thompson, Mayor McAden Noes: Councilmen Pearson, White The Mayor announced that the ordinance had been finally passed. Mayor McAden brought up the following ordinance for its second reading: , AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, JULY 17, 1941, AND RECORDED IN ORDINANCE BOOK "L", PAGES 152-174, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, WHICH ORDINANCE WAS AMENDATORY OF THAT CERTAIN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN PASSED BY THE CITY COUNCIL APRIL 23, 1931, AND RECORDED IN BOOK "I", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION AND HEIGHT AND AREA DESIGNATIONS FROM "A" RESIDENCE DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND SIXTH HEIGHT AND AREA DISTRICT ON LOTS 17, 18, 19 AND 20, BLOCK 46, HIGHLANDS, LOCALLY KNOWN AS 5213-15 AVENUE F OR 201-203 EAST 53RD STREET, 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 second time and Councilman Long moved that the ordinance be passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: 450 450 CITY OF AUSTIN, TEXAS Ayes: Councilmen Long, White, Mayor McAden Noes: Councilmen Pearson, Thompson Councilman Thompson offered the following resolution and moved its adoption (RESOLUTION) WHEREAS, on the lith day of May, 1954, bids were received by the City of Austin, for furnishing tires, tubes and recapping service for the twelve month period beginning June 1, 1954; and WHEREAS, the bid of Kocurek and McLean in the sum of $8,075.47 was the lowest and best bid for the furnishing of passenger tires and tubes and tube repairs and service; and WHEREAS, the bid of B. F. Goodrich Stores in the sum of $23,006.25 was the lowest and best bid for furnishing truck and implement tires and tube repairs and service; and WHEREAS, the bid of Reed Sales Company in the sum of $2,197.21 was the lowest and best bid for furnishing recapping, vulcanizing and repair service; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That said bids of Kocurek and McLean, B. F. Goodrich Stores and Reed Sales Company be and the same are hereby accepted, and W. E. Seaholm, City Manager, be and he is hereby authorized and directed to enter into contracts with said parties for the purchase of tires, tubes and recapping service for the twelve-month period beginning June 1, 1954 on the basis of said bids. The motion, seconded by Councilman Pearson, carried by the following vote: 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 Manager of the City of Austin be, and he is hereby authorized and directed to cause to be prepared and certified by the Director of Finance a list of all accounts receivable due to the City for hospital fees and services rendered, which are unpaid and have been due for more than four years, and upon the filing of such certified list as permanent record in the office of the City Clerk, to transfer all such accounts to an account entitled "Dormant Accounts". Be it further resolved that at the beginning of each fiscal year hereafter, all accounts receivable due the City for hospital fees and services rendered, which are unpaid and which have then been due for more than four years shall be so listed and certified, and upon the filing of such certified lists as permanent records in the office of the City Clerk, all such accounts shall be transferred to the account entitled "Dormant Accounts". The motion, seconded by Councilman Thompson, Carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None 451 451 CITY OF AUSTIN. TEXAS The City Manager submitted the following: "May 19, 1954. "Subject: Appointment to vacancy on Brackenridge Hospital Advisory Board "The term of Dr. John Barclay on the Brackenridge Hospital Advisory Board expires on May 25, 1954. I would recommend for your confirmation the reappointment of Dr. John Barclay to serve for a term of three years, 1954 to 1957. "W. E. Seaholm City Manager" Councilman Long moved that the reappointment of DR. JOHN BARCLAY as a member of the Brackenridge Hospital Advisory Board for a term of three years, 1954 to 1957 be confirmed. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None 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 SECTION 12(a) OF ARTICLE III RELATING TO TRAFFIC CONTROL DEVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman White moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the second time and Councilman White moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None CITY OF AUSTIN, TEXAS 452 452 The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Long, 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. Regarding traffic, the Mayor suggested that a light at Oltorf and - - was South Congress be looked into as the new shopping center TWIN OAKS open, and this traffic would be pretty bad. CouncilmanPearson joined him in asking for an early study of this. The City Manager suggested as an immediate control that stop signs be set up until the lights were received. Councilman Thompson suggested clearing of trees and shrubs on the road past the pistol range and entering in the Bee Cave Road. He stated this was a dangerous location, and there should possibly be a stop sign there along with clearing it out. Councilman Long moved that MR. HIRAM BROWN be appointed as a member of the Electric Board. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman Long inquired about the "no-parking" in the alley between Lavaca and Guadalupe, llth and 12th. The City Manager stated a report and recommendation on this would be ready next Thursday. Councilman Long suggested two-hour parking around the court house except the front part, as there were many vacant parking spaces, where she believed would be used if they were two-hour zones and 104 fee for the two hours. Councilman Long moved that the City Manager be requested to make a study and recommendation on this along with the study of the other areas. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The City Manager submitted the date of JUNE 22, 1954 at 10:00 A.M. for hearing the Telephone Company on its application for rate increase, and this date was agreeable with the Council. Councilman Long asked that a study be made for widening West 39th, and that something be done about no-parking along the street there by the School, from Guadalupe to Avenue B. This request was made by MR. BURKE, 509 West 39th Street. Councilman Long suggested that the City Manager pass 453 453 CITY OF AUSTIN, TEXAS this on to Mr. Klapproth for study. Councilman Long reported a meeting she had with MR. HOMER GARRISON, regarding the opening of Guadalupe through the Department of Public Safety property, and she asked the Council to go on record in asking theCity Administration to enter into a contract with him and get this street cut through by September. The City Manager explained the status of this property and streethow some of the property fits in with recreation purposes-drainage, etc., and how the city could get permission to go through; but it would take Legislative action to actually get the street. He felt a road through could be accomplished, but it would not be a real street, as there are lots of technicalities involved. The Mayor asked that he proceed with the negotiations on this and report back in two weeks. Councilman Long reported a complaint from one regarding the stop signs in the middle of East 4th; that people failed to see them now since they are used to the other type. Councilman Long reported a request of J. G. COBB, Elgin Highway, that the City limits signs be moved to the new city limit lines as they are still down on Walnut Creek; and that speed limit signs be placed along the highway. Councilman Long asked in behalf of FATHER NICHOLAS DIEZ, Lady of the Guadalupe Church on East 9th Street and Lydia, that street lights be installed there. The City Manager stated there was a tower light, and a street light on the 9th Street side of the church. Councilman Long inquired about the time the residential street lights would be installed in Crestview Area. The City Manager stated he would check on this. Councilman Long read a letter she received from one complaining that the best job had not been done on installing cross-street stop signs on Arroya Seca; that they were all placed on the west side, and none on the east side. He did not think a good job had been done in the study of this, as the people on the East side would not get the same protection as those on the west side. The streets were Romeria, Brentwood, and Payne, She asked the City Manager to make a study of it. Councilman Long inquired about the communication from MR. W. W. BORING about some fill for his property. The Director of Public Works explained the situation. Councilman Thompson asked for a list of the rest homes granted and denied as someone had remarked that this Council was adverse to granting permits for homes for the aged. CITY OF AUSTIN, TEXAS 454 454 The Council agreed to meet at 1:30 P.M. Tuesday, May 25th in Executive Session to make appointments to various Boards, before its scheduled meeting to go over the pending matters. Councilman White inquired about the list of vacant land that the City owned. The City Manager stated this would be ready the first part of June. The City Manager outlined an offer in connection with the City purchasing the remaining portion of the Becker Tract with the exception of approximately 200 where the bus station is. This is in addition to the other property already authorized. He recommended this additional purchase. The Council took no vote, but all were in accord with the recommendation, and that he proceed. Councilman Long had a recommendation from the South Austin Civic Club recommending that South 1st Street be straightened and widened. She suggested that people making recommendations like that would be aware of future needs of bond issues for paving and street purposes, and might be ready to help put over such issues. Councilman Thompson suggested consideration of the enlargement of Rosewood Swimming Pool, and that the Park and Recreation Board might take this under study, as one of the early projects. Councilman Thompson inquired about the street maintenance equipment as to whether or not it was located all in one section of town or scattered in all sections. The City Manager stated it was not located in one section. There being no further business the Council adjourned at 12:40 Ρ.Μ. subject to the call of the Mayor. ATTEST: City Clerk APPROVED Mayor Cazad