44442 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting May 26, 1955 10:00 Α.Μ. Council Chamber, City Hall The meeting was called to order with Mayor Miller presiding. Roll call: Present: Councilmen Long, Palmer, Pearson, White, Mayor Miller Absent: None Present also: W. T. Williams, Jr., City Manager; Doren R. Eskew, City Attorney; Reuben Rountree, Jr., Director of Public Works. Invocation was delivered by REV. O. W. SWABACK, Evangelist Free Church. Pledge of Allegiance to the Flag. Councilman White moved that the Minutes of May 19th be approved. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Council had before it the ordinance approving the transfer of the franchise of the Austin Transit, Inc., to the Austin Transit Corporation, the ordinance up for its second reading. The President and Secretary of the Austin Transit Corporation wer e present, together with the general attorney, MR. GERALD MANN, and the local attorney MR. LOONEY. Councilman Long inquired if the Corporation intended to keep its present personnel. The President and also Secretary-Treasury assured the Council they were retaining the personnel that will stay; that there may be changes in operations, but they would come before the Council. They outlined their plan of operation as far as possible before the survey now being made was completed. Councilman Pearson asked about extensions of lines, and matters looking after the interest of the people in having the best service. The President stated the corporation had worked with Councils in working these matters out. Councilman White listed some specific complaints of service in Travis Heights, and asked if they intended to work out better service all over the City. The President stated they would give as much service as the people would use. Councilman Palmer inquired if they intended CITY OF AUSTIN, TEXAS 4443 to file with the Council evidence of responsibility; and in some manner to assume the present franchise that the Austin Transit Company has, either in a financial statement or some type of bond. The Secretary replied they would comply with whatever the Council wanted, and also listed their insurance coverage. In answer to Councilman Palmer's second question, the Secretary stated they intended to improve the bus equipment. MR. AMOS HEROLD inquired about the fare. MAYOR MILLER stated that would be a separate petition to the Council. The City Attorney explained the ordinance, and stated it did not touch upon any civil liability--just taking up the obligation imposed by the franchise for the furnishing of service and the obligations attended to that. MAYOR MILLER emphasized that the people of Austin wanted good service. The Secretary Treasurer filedd with the Council a certificate of Insurance from the TRANSIT CASUALTY COMPANY, public liability $100,000 & $200,000; property damage $20,000. Mayor Miller then introduced the following ordinance: AN ORDINANCE APPROVING THE TRANSFER OF THE PUBLIC UTILITY FRANCHISE HELD BY AUSTIN TRANSIT, INC., FOR THE OPERATION OF A BUS SYSTEM, TO AUSTIN TRANSIT CORP., EFFECTIVE JUNE 1, 1955; 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 White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller 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 White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None 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, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the ordinance had been finally passed. The City Manager gave a report on the complaint filed by MR. HAROLD SIMPSON, 922 East 48th Street, and others regarding the Little League Ball Park in this area, stating the Club was looking for another site at the end of this season; and this location would be abandoned soon. The Mayor added if any nuisance comes up, that would be looked into also. The City Manager gave a report on the request of REV. F. P. ROBINSON, Pastor of New Lincoln Missionary Baptist Church, for street light on 8th and San Saba and church zone signs on stop signs. He stated the Electric Department CITY OF AUSTIN, TEXAS 44444 had recommended a light and it would be installed. As to the church signs, the City had erected none, and the Traffic Department found no need for stop signs, and recommended against them. Mayor Miller 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 ΑΝΝΕΧΑTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 0.478 OF ONE ACRE OF LAND, SAME BEING OUT OF AND A PART OF THAT CERTAIN TRACT OF LAND OUT OF THE SANTIAGO DEL VALLE GRANT 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 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, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the ordinance had been finally passed. The ordinance vacating Juliet Street from Garner Avenue west one-half block was laid over indefinitely at the request of some of the property owners. The Mayor noted a letter filed by the law offices of RALPH W. YARBOROUGH concerning their client's rights being protected in so far as the financial responsibility of the Austin Transit, Inc. was concerned, and requesting that nothing be done which would jeopardize the right of those clients in the sale of the Austin Transit, Inc. This was referred to the City Attorney to check with Mr. Yarborough and Mr. Looney, and report back. The City Attorney reported back after talking with Mr. Yarborough. The Mayor stated he wanted to use an abundance of precaution. The City Attorney stated the action the Council had taken had no effect on any rights of the parties. The matter of dedicating a portion of Bee Creek property as park property was deferred for further study. The matter of extending Bull Creek Road through Memorial Park was deferred for further study and also pending a time when there was money available. Pursuant to published notice thereof the following zoning applications were publicly heard: C. C. LINSCOMB & WIFE 2006 South Lamar From "C" Commercial 2nd To "C-1" Commercial 2nd RECOMMENDED by the Plan Comm. CITY OF AUSTIN, TEXAS 445 445 Mr. Linscomb appeared on behalf of his application; no opposition appeared. The Mayor asked those who wished to uphold the recommendation of the Planning Commission and grant the change to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the change had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. P. O. BROWN By T. R. Simmons 5810 Woodrow From "A" Residence 1st H&A 1401-03 Koenig Lane To "LR" Local Retail 6th H&A NOT Recommended by the Planning Commission The Council received a letter from Mr. Brown's attorney requesting that this hearing be postponed due to illness of Mr. Simmons. Councilman White moved that the hearing on this application be postponed in accordance to the letter from the attorney. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None ALLEN H. LEISTICO 1015-17 E.38 St. 3805-3807 Harmon From "A" Residence To "C" Commercial NOT Recommended by the Planning Commission Opposition was expressed by J. L. CRAWFORD, Jr., DR. STUDTMAN, MRS. C. W. KIMMONS and others. MR. LEISTICO appeared in his own behalf and MRS. M. T.WEBB favored the change. The Mayor asked those who wished to uphold the recommendation of the Planning Commission and deny the change to vote "aye"; those opposed to vote "no". Roll call showed the following vote: Ayes: Councilmen Palmer, Pearson, Mayor Miller Noes: Councilmen Long, White The Mayor announced that the change had been denied. MOSES KOURI By Marvin Turner 1405-07 Airport Blvd. 3101-03 East 14½ St. From "A" Residence To "GR" General Retail NOT Recommended by the Planning Commission Mr. Kouri, Mr. Turner, and Mr. Perry Jones represented the applicant. The owner of 1307 McKinley Avenue and Fannie Brown favored changing Airport CITY OF AUSTIN, TEXAS 446 446 Boulevard from 13th to 16th to Commercial. Opposition to changing the property under question was expressed by DR. CONNER, WILLIE MCCALL, 3206 East 14½ Street, MATTIE DAVIS, 3209 East 16th Street, ARTHUR SNEUD, 3204 East 14½ Street, BOOKER T. MOORE, 3101 East 16th Street, requesting it be kept residential as it was one of only two decent residential sections for the colored people. was postponed. Mayor Miller introduced the following ordinance: AN ORDINANCE TO AMEND SECTIONS 3.21-1,3.29,3.31, 3.33 AND 3.35 OF CHAPTER 3, AUSTIN CITY CODE OF 1954, PERTAINING TO THE LICENSING, RESTRAINT, AND IMPOUNDING OF DOGS, AND DECLARING AN EMERGENCY. Action Discussion of the dog ordinance was held. Councilman Pearson feared if the ordinance were passed, penning the dogs up, the licenses would drop. The Mayor suggested passing the ordinance now, and amend it when necessary; and stated he was voting for the ordinance with the understanding that if the provisions can be lived up to and the dogs treated with humanity they would leave the ordinance stand; if not, they could amend it further. 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, Palmer, Pearson, White, Mayor Miller 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 White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None 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, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Miller introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 11, IN SECTIONS 11.11, 11.12, 11.13, AND 11.14 OF THE AUSTIN CITY CODE OF 1954 PERTAINING TO THE POSSESSION, SALE, OR USE OF FIREWORKS. The ordinance was read the first time and Councilman White moved that the rule be suspended and the ordinance passed to its secondereading. The motion, seconded by Councilman Pearson, carried by the following vote: CITY OF AUSTIN, TEXAS 447 447 Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller 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, Palmer, Pearson, White, Mayor Miller 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, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Miller introduced the following ordinance: AN ORDINANCE TO AMEND SECTION 34.40 OF CHAPTER 34 OF THE AUSTIN CITY CODE OF 1954 PERTAINING TO THE OPERATION OF WATERCRAFT UPON LAKE AUSTIN, AND DECLARING AN EMERGENCY. 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, Palmer, Pearson, White, Mayor Miller Noes: None The ordinance was read the second time and Councilman Pearson moved that The the rule be suspended and the ordinance passed to its third reading. motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller 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, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the ordinance had been finally passed. Councilman Long moved that the Council recess at 3:00 P.M. to go into the Airport Meeting. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None CITY OF AUSTIN, TEXAS 448 448 At 3:00 P.M., the Council met to disuuss matters pertaining to the Airport. DR. M. J. THOMPSON, Chairman, and other members of the Airport Committee were present. MR. WILLIS, Consultant, and citizens living in the airport vicinity were present. Discussion of a proposal to join with the state and having a joint airport with the Air National Guard was held. DR. THOMPSON speaking for his committee, stated his committee had tried to emphasize the need for early action on enlargement of the airport and could not afford to wait for something as indefinite as this proposal. MR. WILLIS, Consultant, outlined the plan along with the grant, and believed it would be a mistake to lose the allocation at this time. MAYOR MILLER asked Dr. Thompson if it were his recommendation that this be tied down as quickly as possible; and if any proposition came along that was better, that this could be released. Dr. Thompson stated that was right. The City Manager explained the stages in the plan--extending the run way in the first phase; purchase to the east of land that would be needed to be used as an approach zone at this time, in the 2nd phase. MAYOR MILLER ascertained from the consultant and airport committee that it was their recommendations that immediate action be taken to go through with the plans and accept the grant. MR. J. A. BARNS, Route 1, Box 61, Manor Road, believed that the City would regret putting the airport in this area and ruining that beautiful country. The Director of Planning discussed future plans on streets in that area, and stated Mr. Barns' property was outside of the area. MR. HUGO KUEHNE stated this had never been referred to the Plan Commission. Councilman Long moved that these plans and outline be referred to the Plan Commission so that they could be aware of them and look over them and study them for their next meeting. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor stated he was calling a meeting next week with the Plan Commission and Park Board. Councilman Pearson inquired about the progress of the airport zoning. The City Attorney gave a report of the meeting he and the Planning Engineer had with the County Commissioners. Mayor Miller asked MR. WILLIS to write his recomendation on the airport and airport zoning and send copies to the Council, to the Advisory Committee and Plan Commission. The City Manager outlined the procedure he understood wasnecessary in getting everything lined up--make the contract with the Government, advertise for bids and let a contract prior to the contract with the Government. MR. WILLIS stated that was right, and suggested that the City write the C.A.A. a letter telling them the City can match the additional allocation. After more discussion, Councilman Long moved that the City Manager be instructed to proceed with drawing up the contract and that he be authorized to advertise for bids and complete any other work that he has to do necessary to accept the Government's grant. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None Councilman White wanted to thank Dr. Thompson and his fine committee for the wonderful job they had done. Dr. Thompson stated he and his committee would continue to work, as they wanted to determine something on the Terminal Building. CITY OF AUSTIN, TEXAS 449449 Councilman Pearson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the majority of the qualified voters voting at an election held on the 30th day of April, 1955, voted to separate the Austin Public Schools from municipal control; and, WHEREAS, said election has been in all things declared valid so that there now exists the Austin Independent School District; and, WHEREAS, the Board of Trustees of the Austin Independent School District and the City Council of the City of Austin met in joint session on May 19, 1955, and having considered the matter of contracting for the assessment and collection of taxes and utility services; and, WHEREAS, the recommendations of the City Manager, dated May 19, 1955, that the Budget of the City Tax Department for tax assessment and collection be apportioned between the Cityy and the School District according to the current assessed valuations of property located in the School District and in the City, and that utilities be furnished at one-half the regular commercial rate, were found acceptable by both the City Council and the Board of Trustees in joint session assembled; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. T. Williams, Jr., City Manager, be and he is hereby authorized and directed to execute a contract on behalf of the City of Austin for the assessment and collection of taxes and for utilities for Austin Independent School District. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor McAden Noes: None Mayor Miller introduced the following ordinance: AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF WESTVIEW DRIVE, IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINBELOW DESCRIBED, AND OF OTHER MATTERS RELATING THERETO; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF FOR THE PORTION OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 10:30 O'CLOCK A.M. ON THE 9TH DAY OF JUNE, 1955, IN THE COUNCIL CHAMBER OF THE CITY HALL OF CITY OF AUSTIN, TEXAS: 45450 AUSTIN, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHER INTERESTED PARTIES IN SAID ABUTTING PROPERTY OR IN ANY OF THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY MANAGER OF THE CITY OF AUSTIN, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF AUSTIN; DECLARING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. 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, Palmer, Pearson, White, Mayor Miller 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, Palmer, Pearson, White, Mayor Miller 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, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the ordinance had been finally passed. Mayor Miller asked that the Engineering Department, by next week, bring in a report on the Braswell property on Grover, on paving on the assessment plan or voluntary plan. 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 1st Street as a private gasoline plant consisting of a 550 gallon tank and electric pump for the sole purpose of servicing their own motor equipment, and from which no gasoline is to be sold, which property is owned by Massey Equipment Service Company and is the 1.02 acre unplatted Jessie B. Alford tract, in the City of Austin, Travis County, Texas, and hereby authorizes the said Massey Equipment Service Company CITY OF AUSTIN, TEXAS 451451 to oprate a private gasoline plant consisting of a 550 gallon tank and electric pump for the sole purpose of servicing their own motor equipment, and from which no gasoline 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 gasoline 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 Massey Equipment Service Company have failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "Austin, Texas May 26, 1955 "I, the undersigned, have considered the application of Massey Equipment Service, through their agent H. Gm Massey, for permission to operate a private gasoline plant consisting of a 550 gallon underground tank and one]. electric pump for the sole purpose of servicing their own motor equipment and from which no gasoline is to be sold, upon property located on the south side of East 1st Street, which property is designated as the 1.02 acre unplatted Jessie B. Alford tract, in the City of Austin, Travis County, Texas and locally known as 5105 East 1st Street. "This property is located in a "D" Industrial District and I recommend that this permit be granted subject to the following conditions: "(1) That the gasoline 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 gasoline. "(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 gasoline 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 gasoline 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, (Sgd) J. C. Eckert Building Inspector" CITY OF AUSTIN, TEXAS 452452 The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller 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 west corner of East 7th Street and Calles Street as a bulk gasoline storage plant, which property is owned by Reed Phillips Oil Company and is designated as Lots 41, 42, 55, and 56 of the Paul Simms Addition in outlots 22-24, Division A, of the City of Austin, Travis County, Texas, and locally known as 2612 Diaz Street, and hereby authorizes the said Reed Phillips Oil Company 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 attached 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 Reed Phillips Oil Company has failed and refused and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "Austin, Texas May 26, 1955 "I, the undersigned, have considered the application of Reed Phillips Oil Company for permission to erect a Bulk Gasoline Storage Plant consisting of three 12000 gallon and three 6000 gallon above ground storage tanks upon property located on the south west corner of East 7th Street and Calles Street as shown on the sketch attached hereto, which property is designated as lots 41, 42, 55, and 56 of the Paul Simms Addition in outlots 22-24, Division A, of the City of Austin, Travis County, Texas, and locally known as 2612 Diaz Street. "This property is located in a "D" Industrial District and I recommend that this permit be granted subject to the following conditions. "(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 as prescribed by the CITY OF AUSTIN, TEXAS 453453 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 pumps and other equipment 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 building 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 thousnad (2000) square feet of floor space or frantion thereof, each of which fire extinguishers 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 gosoline 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 that no equipment shall be placed in operation until after final inspection and approval of same. "Respectfully submitted, (Sgd) J. C. Eckert Building Inspector" The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, a certain sanitary sewer easement was granted the City of Austin on part of Lot 4, Outlot 31, Division D of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, by that certain instrument of record in Volume 407 at page 70, Deed Records of Travis County, Texas; and WHEREAS, the owner of said Lot 4 has requested the City of Austin to vacate the hereinafter described portion of said easement; and WHEREAS, the portion of said sanitary sewer 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. T. Williams, Jr., City Manager, be and he is hereby authorized CITY OF AUSTIN, TEXAS 454454 and directed to execute a release to the owner of a portion of the sanitary sewer easement on part of Lot 4, Outlot 31, Division D of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, such portion of said easement being described as follows: 1092 square feet of land, more or less, same being out of and a part of that certain sanitary sewer easement granted to the City of Austin by instrument dated August 31, 1926 of record in Volume 407 at page 70, Deed Records of Travis County, Texas, being a portion of Lot 4, Outlot 31, Division D of the Government Outlots adjoining the Original City of Austin, Travis County, Texas, ascording to a map or plat of said Government Outlot on file in the General Land Office of the State of Texas, which 1092 square feet of land is to be released from the easement granted in said instrument of record in Volume 407, page 70, Deed Records of Travis County, Texas, and is more particularly described by metes and bounds as follows: BEGINNING at a point on the east line of Leon Street and at the southwest corner of said easement described in Volume 407 at page 70, Deed Records of Travis County, Texas; THENCE, following the east line of Leon Street and the west line of said easement in a northerly direction 4.00 feet to a point; THENCE, following a line 4.00 feet northerly from and parallel to the south line of said easement in an easterly direction 211.00 feet to a point; THENCE, in a northeasterly direction 18.25 feet to a point on a line 7.00 feet north of and parallel to the south line of said easement; THENCE, following said line 7.00 feet north of and parallel to the south line of said easement in an easterly direction to a point in the east line of said easement; THENCE, following the east line of said easement in a southerly direction 7.00 feet to the southeast corner of said easement; THENCE, following the south line of said easement in a westerly direction to the point of beginning. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Council took no action on an ordinance vacating a portion of Belmont Parkway, east of Belmont Circle. CITY OF AUSTIN, TEXAS 455455 Councilman Pearson offered the following resolution and moved its adoption (RESOLUTION) WHEREAS, a certain drainageway easement, five (5) feet in width, was reserved and dedicated in, upon and across a part of Lot 18 of Belmont, a subdivision of a portion of the George W. Spear League in the City of Austin, Travis County, Texas, according to a map or plat of said Belmont of record in Book 5 at page 173, Plat Records of Travis County, Texas; and, WHEREAS, the owner has requested the City of Austin to release the hereinafter described easement; and, WHEREAS, the hereinafter described portion of such easement 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. T. Williams, Jr., City Manager, be and he is hereby authorized and directed to execute a release to the owner of the drainageway easement located on the following described property, to wit: A five (5) foot strip of land adjacent to the southeast line of Lot 18 of said Belmont subdivision. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Council deferred action on the proposal of L.E. BELDING to exchange land at Riverside Drive & Interregional Highway, until next week. The City Manager reported on a study on need of one-hour parking in the 600, 700 and 800 blocks of West 5th Street. It was recommended by the Traffic Engineer that the one-hour parking not be authorized. Councilman Pearson stated a group was interested and wanted to come before the Council. The Mayor stated they would be heard at any time. The City Manager reported on the need for a traffic light at 19th and Airport Boulevard, stating the Traffic Engineer recommended a traffic actuated signal at this location. Councilman Long moved that Mr. Charles Burton, Mrs. Chas. F. Mitchell, Mr. S. P. Kinser, Mr. C. Ben Hibbetts and Mr. Corwin Johnson be reappointed as members of the Planning Commission, terms to expire June 1, 1957. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None 45456 CITY OF AUSTIN, TEXAS Mayor Miller introduced the following ordinance: AN ORDINANCE APPROPRIATING FUNDS FOR CONSTRUCTION COSTS TO SERVE NEW UTILITY CUSTOMERS, AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Pearson moved that the rule be suspended and the ordinance passed to its second reading. motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The 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, Palmer, Pearson, White, Mayor Miller 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, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the ordinance had been finally passed. The City Manager presented the request of the Y.W.C.A. for permission Councilman to have a booth on 7th and Congress in connection with their drive. Long moved that the Y.W.C.A. be granted permission for this booth. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Council received notice from the City Manager that the following applications for change of zoning had been referred to the Plan Commission and set for public hearing at 11:00 A.M., June 30, 1955: LILLIAN V. GRUNT By C. N. Reily VAN M. SMITH By Ted Wendlandt T. T. SHOOT 2418 South Lamar 5417-19 Guadalupe 503-07 W.55th St. 2007 E. 12th St. From "C" Commercial 2nd Height and Area To "C-1" Commercial 2nd Height and Area From "A" Residence lst To Height and Area "B" Residence 1st Height and Area From "A" Residence lst Height and Area To "LR" Local Retail lst Height and Area CITY OF AUSTIN, TEXAS 45457 PETE SOSA 1720 South 1st St. J. B. FORD From "C" Commercial 1st Height and Area Το "C-2" Commercial lst Height and Area 1813-1903 Ft. View Rd. From "A" Residence 1st Height and Area To "GR" General Retail 6th Height and Area There being no further business the Council adjourned at 4:45 P.M. subject to the call of the Mayor. ATTEST: City Clerk APPROVED Mayor