175 175 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting March 10, 1955 10:00 Α.Μ. Council Chamber, City Hall 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. T. Williams, Jr., City Manager; Doren Eskew, City Attorney; Reuben Rountree, Director of Public Works. Church. Invocation was delivered by REV. L. R. GELDMEIER, St. Luke's Methodist Pledge of Allegiance to the Flag. Councilman White moved that the Minutes of March 3rd be approved. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None MR. TOM BRADFIELD, Travis County Humane Society, asked that the Council not make the appropriations for extra dog wandens, equipment and enlargement of the shelters, etc., but wait until such time that they could form a committee to meet with the Council to discuss these problems; as the Society had a long range plan for building an animal shelter, which would take some burden off the city. The City Manager stated that anticipating the passage of this ordinance, bids for vehicles were ready to be taken, and preparations for obtaining the wardens had been made. CAPTAIN MILES stated the one dog-warden now was swamped with calls. After discussion, the Council decided that the members who could, meet with the Committee from the Humane Society and representatives from the Police Department MONDAY at 2:30 P.M., and that they would report back to the Council at its next meeting. The City Attorney called attention to the fact that the City Ordinance provides that dogs be vaccinated and licenses paid by April 1st. The license provision had to do with the attempt to keep down rabies, and he wanted to 176 173 CITY OF AUSTIN, TEXAS know about the employment of the extra wardens to enforce the license law. Councilman Hong stated she would like to see the Council go ahead now and enact a new part of the ordinance concerning fees, and increasing them to $2.00. Councilman Pearson suggested publicity on this that the dead line was near and that the ordinance was going to be enforced. No action was taken pending the meeting next Monday and report back to the Council at its next meeting. The Mayor announced that the Council would hold its regular meeting on WEDNESDAY, MARCH 16 instead of MARCH 17th. MR. JOE K. MURCHISON representing himself and his brother, MR. A. H. MURCHISON, stated that in the extension of North Loop, which runs through their property, there would be some property left over from the right-of-way, and he wanted to retain that part. The City Attorney reviewed two policies established by the Councils in that where it was necessary to condemn, that if it becomes necessary to pay severance damages for cutting into and severing a piece of land, it is to the advantage of the people of the City to condemn the whole tract rather than leave a little sliver because the City comes out cheaper and the little sliver does not benefit anyone. The other policy is that there is no benefit to the public generally in leaving little unusable nuisance-value pieces of land adjacent to the streets. Councilman White inquired as to why they couldn't keep the land if they want to. The City Manager explained if the city did not have any need it could not compell them to sell it; but it would run into the problem of their providing a 25' set-back, and there if not enough space to build anything on. Councilman Thompson noted that cases of this kind would nullify the use of the land behind it so far as its access to the highway was concerned, as well as not being of any use to the other owner because of the set-back restrictions, and stated those were some of the reasons the City acquired these strips to clarify the access of the land. MR. MURCHISON wanted to either sell the strip to the Browns, or buy some land from him and have a valuable pièce of property. Councilman White could not see why the city would want that, as they had property all over town, and he was in favor of getting rid of it, and he could not see why the city was going to condemn it and take it. The City Manager stated the reasons why it was preferable to buy these properties, as at present some of these remnants are in private hands and the parties had not been able to get together. Councilman Pearson stated the City Council was interested in keeping the property on the tax rolls at the best values, and they could trade with the adjacent owners; and if certain people owned them they would have them for nuisance values. Mr. Murchison stated he already owned it and did not want to give it up. Councilman Long explained why Mr. Murchison had been told his taxes would go up if he did not sell; in that the property would be enhanced in value by being on a right-of-way whether he could use the property or not. He was not told his taxes would go up as a threat, but by reason of the thoroughfare going through. Councilman Pearson believed that in the negotiations they would get together satisfactorily. The City Manager stated that all zoning regulations still applied, and that he should not be seeking a change in zoning just because the city put this thoroughfare in. Mr. Murchison stated he would not promise that he would not ask for a zoning change. 177 177 CITY OF AUSTIN, TEXAS Mayor McAden brought up the following ordinance for its second reading: AN ORDINANCE DETERMINING AND FIXING THE SCHEDULE OF RATES TO BE CHARGED BY SOUTHWESTERN BELL TELEPHONE COMPANY FOR EXCHANGE TELEPHONE SERVICE IN THE CITY OF AUSTIN, TEXAS. The ordinance was read the second time and Councilman Thompson moved that the ordinance be passed to its third reading. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Pearson, Thompson, Mayor McAden Noes: Councilmen Long, White The Mayor brought up the following: THE CITY OF AUSTIN COUNTY OF TRAVIS STATE OF TEXAS NOTICE OF APPEAL TO THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS: Now comes Floyd W. Dunaway of Austin, Travis County, Texas, and says that he desires to and will appeal from the decision of The City of Austin Planning Commission rendered on the 1st day of March, 1955, granting the application of The Episcopal Theological Seminary for a special permit for the erection of certain improvement on the property described in their application. Floyd W. Dunaway would show the council that he is an interested party and aggrieved by the decision of such Commission in that he is the owner of a home on property adjacent to the property subject to such special permit and the granting of such permit would materially adversely affect the established character of the neighborhood, and would specifically adversely affect the value of appellant's property as a home, and the safety and general welfare of appellant and appellant's family. Floyd W. Dunaway does therefore give this his notice of appeal from said decision of the Planning Commission to the City Council of the City of Austin, Texas, on this the 9th day of March, 1955. Filed in the office of City Clerk on 7th day of March, 1955 at 4:40 P.M. (Sgd) Elsie Woosley City Clerk (Sgd) Floyd W.Dunaway Floyd W. Dunaway 610 Rathervue Austin, Texas The Mayor believed this matter would be worked out, and suggested deferring setting a public hearing on this at this time. Councilman White moved that this notice of appeal be accepted, and defer setting a date for public hearing for the present. The motion, seconded by Councilman Pearson, carried by the following vote: 178 178 CITY OF AUSTIN, TEXAS Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Mayor McAden introduced the following ordinance: AN ORDINANCE PROVIDING FOR THE GRANTING BY THE CITY TO THE STATE THE RIGHT FOR THE CONSTRUCTION, EXISTENCE AND USE OF PROPOSED U. S. HIGHWAY 81 (INTERSTATE HIGHWAY) ACROSS RIGHT OF WAY FOR THE CITY'S ELECTRIC POWER TRANSMISSION LINE ADJACENT TO THE BERGSTROM AIR FORCE BASE SPUR TRACK SOUTHEAST OF AUSTIN; FOR AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO AFFIX THE CORPORATE SEAL AND ATTEST THE SAME, A CERTAIN CONTRACT WITH THE STATE PROVIDING FOR THE ADJUSTMENT OF THE CITY'S POWER LINE AT THE STATE'S EXPENSE, TO ACCOMMODATE THE CONSTRUCTION OF THE PROPOSED OVERPASS AND HIGHWAY ACROSS THE CITY'S POWER LINE RIGHT OF WAY; AND FOR DECLARING ANDEMERGENCY AND PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FROM AND AFTER ITS PASSAGE. The ordinance was read the first time and Councilman White moved that The the rule be suspended and the ordinance passed to its second reading. 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 The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Long, cafried 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 brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXAΤΙΟΝ OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 3.76 ACRES OF LAND, SAME BEING OUT OF AND A PART OF A CERTAIN 5.47 ACRE TRACT OF LAND OUT OF THE JAMES P. WALLACE SURVEY NO. 57 IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. CITY OF AUSTIN, TEXAS 179 179 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 The Mayor announced that the ordinance had been finally passed. Mayor McAden brought up the following ordinance for its first reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ΑΝΝΕΧΑTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 3.64 ACRES OF LAND, MORE OR LESS, SAME BEING OUT OF AND A PART OF THE A. B. SPEAR SURVEY IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The ordinance was read the first time and Councilman Pearson moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the second time and Councilman Pearson moved that the ordinance be passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Councilman Long moved that the following ordinance be introduced and published in accordance with Article 1, Section 6, of the Charter of the City of Austin: vote: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 44.0 ACRES OF LAND, MORE OR LESS, OUT OF THE JAMES TRAMMEL SURVEY NO. 4, IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. The motion, seconded by Councilman Thompson, carried by the following Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None 180 180 CITY OF AUSTIN, TEXAS Pursuant to published notice thereof the following zoning applications were publicly heard: CARL SMITH 3410-18 So. Congress From "A" Residence lst Height and Area To "LR" Local Retail 1st Height and Area RECOMMENDED by the Plan Commission The Mayor asked those who wished to uphold the recommendation of the Plan Commission and grant the change to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The Mayor announced that the change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. E. M. FINCHER 1601-05 Collier St. & 1700 Kinney Avenue To From "A" Residence lst Height and Area "B" Residence 1st Height and Area NOT Recommended by the Planning Commission Mr. Joe Holt represented the applicant. F. A. Lawrence favored the change, as he had a strip of land he wanted to change also, as he believed the neighborhood was better suited for "B" than for "A". The Mayor asked those who wished to uphold the recommendation of the Plan Commission to vote "aye"; those opposed to vote "No". Roll call showed the following vote: Ayes: Councilman Thompson Noes: Councilmen Long, Pearson, White, Mayor McAden The Mayor announced that the change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. JOHN T. DAVIS 1706 Guadalupe St. From "C" Commercial 3rd Height and Area To "C-1" Commercial 3rd Height and Area NOT Recommended by the Planning Commission Mr. Gibson Randle represented the opposition, his major objection being spot zoning; no need established; residential values would be lowered; Little 181 181 CITY OF AUSTIN, TEXAS League Park only 1/2 block away. Opposition was expressed by Mrs. Katherine Paysinger. Mr. Davis spoke in his own behalf, stating the property had been zoned commercial for 20 years; his business is not a drive-in mainly, but walk-up business, and he is on the wrong street as far as one-way traffic is concerned; no loud noises, as his business is more to be taken away than consumed on the premises; Little League operates only a short period during the year, and is across the street from a restuarant selling beer. The Mayor asked those who wished to uphold the recommendation of the Planning Commission to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Councilman Thompson Noes: Councilmen Long, Pearson, White, Mayor McAden Councilman Pearson made the following statement concerning his vote: "Considering the circumstances around the neighborhood I am going to vote 'no'. (Voting to overrule recommendation of the Plan Commission.) Councilman Thompson made the following statement concerning his vote: "If I understand what spot-zoning is, it looks like a spot zone, and I understand it is illegal to spot zone; this is in an area zoned 'C', and takes a portion of one lot and zones it 'C-l'. The Mayor announced that the change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. Mayor McAden introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH H. P. PRATHER AND WIFE, SAMANTHA PRATHER, PROVIDING FOR THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT, 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 CouncilmanPearson, 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: 182 182 CITY OF AUSTIN, TEXAS 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 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH DICKSON PROPERTIES, INC.; PROVIDING FOR THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT 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 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, Bearson, 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 The Mayor announced that the ordinance had been finally passed. Mayor McAden introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH R. G. MUELLER, JR.; PROVIDING FOR THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT 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 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 CITY OF AUSTIN, TEXAS 183 183 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 The Mayor announced that the ordinance had been finally passed. Mayor McAden introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH PARKLAND HOMES, INC.; PROVIDING FOR THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT 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 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 the rule be suspended and the ordinance passed to its third reading. 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 The Mayor announced that the ordinance had been finally passed. Mayor McAden introduced the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED: "AN ORDINANCE ORDERING A GENERAL 184 184 CITY OF AUSTIN, TEXAS ELECTION TO BE HELD ON APRIL 2, 1955, FOR THE PURPOSE OF ELECTING FIVE COUNCILMEN OF THE CITY OF AUSTIN FOR A TERM OF TWO YEARS BEGINNING MAY 15, 1955; DESIGNATING THE POLLING PLACES IN THE VARIOUS WARDS; AND PROVIDING THE PROCLAMATION OF SAID ELECTION; AND DECLARING AN EMERGENCY, " WHICH ORDINANCE WAS PASSED BY THE CITY COUNCIL ON FEBRUARY 24, 1955, BY AMENDING SECTION 2 OF SAID ORDINANCE; 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 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 The Mayor announced that the ordinance had been finally passed. No action was taken on the ordinance amending the Budget and appropriating funds for dog-wardens and the matter will be brought up at the next regular meeting. Councilman White offered the following resolution and moved its adoption (RESOLUTION) WHEREAS, it has been found by the City Council that the projected expenditure of funds from General Obligation Bonds for Barks, Playgrounds and Recreation purposes for the fiscal year 1954-1955, as approved by the City Council on September 27, 1954, should be revised and adjusted in order to accomplish the maximum benefit to the City from said available funds; and, WHEREAS, Exhibit "R" consisting of two pages, hereunto attached, contains the adjustments in said projected expenditures deemed by the City Council to be wise; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the projected expenditures for Parks, Playgrounds and Recreation 185 185 CITY OF AUSTIN, TEXAS purposes from said General Obligation Bond Funds be and the same are hereby revised and adjusted in accordance with the adjustments set forth in said Exhibit "R". (Copied in full in the Minutes of March 3, 1955) The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None Mayor McAden introduced the following ordinance: AN ORDINANCE ORDERING THE POLLING OF THE QUALIFIED VOTERS OF THE CITY OF AUSTIN ON APRIL 2, 1955, CONCERNING THEIR WISHES ON CERTAIN REGULATION OF DOGS AND FIREWORKS. 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 White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White Noes: Mayor McAden 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 White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Noes: Mayor McAden The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White Noes: Mayor McAden The Mayor announced that the ordinance had been finally passed. Mayor McAden introduced the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED: "AN ORDINANCE ESTABLISHING VOTING PRECINCTS OF THE CITY OF AUSTIN AND FIXING THE BOUNDARIES THEREOF; 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 ON JULY 23, 1953, AND RECORDED IN ORDINANCE BOOK "S" AT PAGES 432-449, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, BY AMENDING SECTIONS 8, 13, 30, 31, 32, 35 AND 37 OF SAID ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. 196 186 CITY OF AUSTIN, TEXAS The ordinance was read the first time and Councilman Pearson moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the second time and Councilman Pearson moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None The ordinance was read the third time and Councilman Pearson moved that the ordinance be finally passed. The motion, seconded by Councilman White, 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. The City Manager submitted the following: "Bids were opened March 3, 1955 at 2:00 P.M., for three Steel Transmission Line Towers for the 69KV transmission line loop. These bids were tabulated as follows: Graybar Electric Company Anchor Metals Muskogee Iron Works $21,225.34 120 days 21,225.34 120 days 12,236.28 4-6 weeks "All of the above quotations were F.O.B. point of shipment freight allowed. All prices were firm. "I recommend that we accept the low bid of Muskogee Iron Works of $12,236.28. (Sgd) D. C. Kinney Superintendent Electric Division Approved W. T. Williams, Jr. City Manager" Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on March 3, 1955, for purchase of three Steel Transmission Line Towers for the 69 KV transmission line loop; and, WHEREAS, the bid of Muskogee Iron Works in the sum of $12,236.28 was the lowest and best bid therefor, and the acceptance of such bid has been CITY OF AUSTIN, TEXAS 187 187 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: That the bid of Muskogee Iron Works in the sum of $12,236.28 be and the same is hereby accepted, and W. T. Williams, Jr., City Manager of the City of Austin is hereby authorized and directed to execute a contract on behalf of the City of Austin with Muskogee Iron Works. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Pearson, Thompson, White, Mayor McAden Noes: None MR. MORGAN L. PEARCE, representing MR. T. E. KING, appeared before the Council regarding the purchase of a strip of land parallel with East Avenue south of East 30th Street. The agreement was then that the alley would be closed in order that Mr. King would have access to East Avenue. He believed the price of $917 was too high and in excess of what was being asked for similar property. He stated he bought a 60' strip from the Austin National Bank four or five months ago for $500, and it is adjacent to this 36' strip that the Council is asking $917. He compared other private sales. Councilman Pearson explained how the city had protected Mr. King in bringing this up as it had; and for the $1400, Mr. King would have a very valuable piece of property, as it would include this alley. The City Manager explained that the alley was going to be vacated, and he would have 14' instead of 4'. After more discussion, Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. T. Williams, Jr., be and he is hereby authorized and directed to execute a deed on behalf of the City of Austin conveying to T. E. King, et ux, for and in consideration of the payment by the said T. E. King, et ux, to the City of Austin of the consideration of Ten (10.00) Dollars and other good and valuable consideration, the following described property, to wit: 154 square feet of land, same being out of and a part of lot 3, Fischer Addition, a subdivision of a portion of Outlot 23, Division C of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, according to a map or plat of the said Government Outlots on file in the General Land Office of the State of Texas, a map or plat of the said Fischer Addition being of record in Book 3 at page 167, Plat Records of Travis County, Texas, which Lot 3 was conveyed to the City of Austin by warranty deed dated June 25, 1948 of record in Volume 895 at page 474, Deed Records of Travis County, Texas, said 154 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of the said Lot 3, Fischer Addition; CITY OF AUSTIN, TEXAS 188 188 THENCE, with the north line of the said Lot 3, S. 60°09′E. 4.20 feet to a point in the west Right-of-Way line of the Interregional Highway; THENCE, with the west Right-of-Way line of the Interregional Highway and the east line of the herein described tract of land S.30°01'W. 36.70 feet to a point in the south line of the said Lot 3, which point is the southeast corner of the herein described tract of land; THENCE, with the south line of Lot 3, N.60°09'W. 4.20 feet to the southwest corner of the said Lot 3; THENCE, with the west line of Lot 3, N. 30°01'E. 36.70 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 The Council directed that an ordinance vacating 103' of alleyway be prepared for the next meeting. At this point Councilman White left the Council Room. The City Manager presented a recommendation regarding paving of Arroyo Seca. The property was purchased from MR. JOSEPH by MR. HAMPTON and MR. BENNETT and they are subdividing it. When Mr. Joseph subdivided the property, it had been anticipated that he would pay for the paving. He has sold the property to these people; and under the arrangement he has made with them, he will share in paving Grover. The subdivider proposes to share in paving Grover and will pave Woodrow. He proposed originally that he be permitted to exclude Arroya Seca and only put curb and gutter in on the east boundaries, but the City Manager did not think that would be acceptable, because the property owners along there would still be subject to assessment, and he did not think that was the Council's intent. After discussion the City Manager told the gentlemen that he would recommend to the Council that if they would see that Woodrow and Grover in connection with the subdivision, were paved, the City would share the cost of paving the east side of Arroya Seca--30 paved roadway, the city to share with them 50-50. The total paving cost in the subdivision would run $45,000, and the City would assume $1,600. After more discussion, Councilman Long moved that the City Manager's recommendation be accepted. The motion, seconded by Councilman Thompson, carried by the following vote: Ayes: Noes: Councilmen Long, Pearson, Thompson, Mayor McAden None Absent: Councilman White The City Manager submitted the following recommendation: "Where a new subdivision being developed is bounded or traversed by streets existing at the time the new subdivision was created, CITY OF AUSTIN, TEXAS 189 189 which streets are not required by the subdivision ordinance to be paved, if the subdivider paved such streets, the city will participate in the cost of the utilities being installed to the extent of the cost of the streets so paved and the remainder of the utility cost will be considered the full cost for the purpose of the current refund policies." Discussion and action on this was postponed until the following week. Councilman Long stated that paving Raleigh Avenue had been advertised and there is one strip 32' wide, which would cost $783.50. The people that now live there did not own it when the paving was done, and they did not think the cost would enhance the property that much. The owners are now MR. and MRS. ANTHONY ANTOINNE, and they do not think they will be able to stay here; and if they pay out that amount of money they will not get it back out of their investment. Councilman Thompson stated that was on record when they purchased the property; and if relief is given this situation, the Council would be swamped with other requests. The hearing on this paving had been set for the following week, and this matter was deferred until then. The following applications for change of zoning, previously announced to be tentatively set for public hearing on March 31, 1955, are now set for public hearing April 7, 1955: IDA DYKE LEDBETTER By Odas Jung 2356-2374 Rosewood Ave. From "A" Residence 1st Hgt & Area and "C" Commercial 2nd Hgt & Area To "GR" General Retail 6th H&A DAN L. DRISCOLL 504 West 29th St. From "B" Residence TEMPLE B. MAYHALL To 2nd Hgt &Area "C" Commercial 2nd Hgt &Area There being no further business the Council adjourned at 12:40 P.M. subject to the call of the Mayor. ATTEST: E City Clerk Camad APPROVED Mayor