301 301 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting May 10, 1956 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. WILLIAM LOGAN, University Presbyterian Church, 2203 San Antonio Street. Councilman White moved that the Minutes of May 3, 1956 be approved. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None MR. JOHN BOTELLO introduced the Overseer of all Churches of The Church of God, who asked that the City designate a location in the Colorado River where baptisimal services could be held, and that this location include a bath house and roads for entering the area. The Mayor stated there were some buildings to be placed on two locations--one near the Interregional Bridge and the other near the Lamar Bridge, and these could be reserved at no charge for these baptisimal services. Mr. Botello and the Overseer stated that would take care of their problem. Mayor Miller introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 560322F CONCERNING THE ISSUANCE OF $220,000.00 BONDS OF THE CITY OF AUSTIN FOR FIRE STATIONS PASSED BY THE CITY COUNCIL ON MARCH 22, 1956, AND OF RECORD IN THE ORDINANCE RECORDS OF THE CITY OF AUSTIN; AND DECLARING AN EMERGENCY. CITY OF AUSTIN, TEXAS 302 302 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, 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 CouncilmanLong, 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 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. Mayor Miller introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 560322G CONCERNING THE ISSUANCE OF $100,000.00 BONDS OF THE CITY OF AUSTIN FOR HOSPITAL PURPOSES PASSED BY THE CITY COUNCIL ON MARCH 22, 1956, AND OF RECORD IN THE ORDINANCE RECORDS OF THE CITY OF AUSTIN; AND DECLARING AN EMERGENCY. 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, 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 Long, 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 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. 303 303 CITY OF AUSTIN, TEXAS The City Manager submitted the following: "Subject: Completion of Justin Lane Widening and Paving. "In order to complete this project, the City will retain all of the portion of Block 18, Crestview Addition, Section I, which is needed for rightof-way for Justin Lane. "Mr. Moulden is to convey to the City approximately 2100 square feet of his land which is needed to make a useable intersection at Justin Lane and Burnet Road. "Mr. Moulden is to pay to the City the sum of $1250.00 for all the land conveyed to him. "In addition, Mr. Moulden is to give us a check for $5,929.69 to cover the costs of paving, curbing and guttering along the new Justin Lane right-ofway." Councilman White offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That W. T. Williams, Jr., City Manager, be and he is hereby authorized to execute on behalf of the City of Austin a warranty deed conveying the following described property to C. W. Moulden: Two (2) tracts of land, the tract of land hereinafter described as No. 1, being all of Lot 10, Block 14, of Crestview Addition, Section I, the tract of land hereinafter described as No. 2 containing 0.266 of one acre of land, same being out of and a part of Block 18 of the said Crestview Addition, Section I, said Crestview Addition, Section I, being a Subdivision of a portion of the George W. Spear League in the City of Austin, Travis County, Texas, a map or plat of the said Crestview Addition, Section I, being of record in Book 4 at page 335 of the Plat Records of Travis County, Texas; which Lot 10, Block 14, and all of Block 18 was conveyed to the City of Austin by Warranty Deed of record in the Deed Records of Travis County, Texas, each of the said two (2) tracts of land being more particularly described by metes and bounds as follows: NO. 1. All of Lot 10, Block 14, Crestview Addition, Section I. NO. 2. BEGINNING at a concrete monument at the Southeast corner of Block 18, Crestview Addition, Section I; THENCE, with the South line of the said Block 18, North 59° 21' West 708.46 feet to an iron pin set on the proposed South line of Justin Lane; THENCE, with the proposed South line of Justin Lane South 65° 37' East 108.25 feet to an iron pin at the point of curvature of a curve whose angle of intersection is 5° 59', whose tangent distance is 50.00 feet and whose radius is 956.73 feet; -1 304 CITY OF AUSTIN, TEXAS= 304 THENCE, following said curve to the right an arc distance of 99.91 feet, the long chord of which are bears South 62° 38' East 99.86 feet to an iron pin at the point of tangency of said curve and which iron pin is on the North line of the said Block 18; THENCE, following the North line of Block 18, same being the North line of the herein described tract, South 59° 38' East 500.12 feet to an iron pin set at the point of curvature of a curve whose angle of intersection is 20° 11", whose tangent distance is 187.98 feet and whose radius is 1052.64 feet; THENCE, following said curve to the left, an arc distance of 0.61 feet, the sub-chord of which arc bears South 59° 39' East 0.61 feet to an iron pin at the Northeast corner of the said Block 18; THENCE, with the East line of the said Block 18, same being the East line of the herein described tract of land, South 290 22 West 20.01 feet to the point of BEGINNING. vote: The motion, seconded by Councilman Pearson, carried by the following Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None Councilman White offered the following resolution andmoved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 4, 1956 for Water Meter requirements for approximately one year; and, WHEREAS, the bid of Rockwell Manufacturing Company in the sum of $124,362.90 was the lowest and best bid therefor, and the acceptance of such bid has been recommended by the Superintendent of the Water and Sewer Department 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 Rockwell Manufacturing Company in the sum of $124,362.90 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 Rockwell Manufacturing Company. vote: The motion, seconded by Councilman Palmer, carried by the following Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None Mayor Miller 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 CITY OF AUSTIN, TEXAS 305 305 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 432449, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, BY AMENDING SECTIONS 29 AND 38 OF SAID ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Long moved that The 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 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. 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 4th Street, which property is owned by Capitol Linen Service, and is designated as part of Lots 7, 8, 9 and east 1/2 of 10, Block 3, Division 0, Peck Addition in the City of Austin, Travis County, Texas, and locally known as 310 Comal Street; and hereby authorizes the said Capitol Linen Service to operate 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 306 CITY OF AUSTIN, TEXAS 306 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 Capitol Linen Service 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 10, 1956 "I, the undersigned, have considered the application of Capitol Linen Service through their agent, Irving Miles, for permission to operate a private gasoline plant consisting of a 550 gallon underground tank and gasoline 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 4th Street, which property is designated as part of Lots 7, 8, 9 and east 1/2 of 10, Block 3, Division O, Peck Addition in the City of Austin, Travis County, Texas, and locally known as 310 Comal Street. "This property is located in a "C" Commercial District and I recommend that this permit be granted subject to the following conditions: "(1) That the 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" The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None ; 307 307 CITY OF AUSTIN, TEXAS Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves as a filling station site the property located at the southwest corner of the intersection of Manchaca Road and Allred Lane, which property fronts 125 feet on Manchaca Road and 125 feet on Allred Lane and being known as a portion of a tract out of the James Trammel Survey, in the City of Austin, Travis County, Texas, and hereby authorizes the said Sam Allred to construct, maintain, and operate a drive-in gasoline filling station and to construct curbs, ramps, and sidewalks in conjunction therewith subject to the same being constructed in compliance with all ordinances relating thereto, and further subject to the foregoing attached recommendations and plans. 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 Conncil that the said Sam Allred 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: "May 10, 1956 "We, the undersigned have considered the application of Sam Allred 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 Manchaca Road and Allred Lane, which property fronts 125 feet on Manchaca Road and 125 feet on Allred Lane and being known as a portion of a tract out of the James Trammel Survey, in the City of Austin, Travis County, Texas, and the property upon which this filling station is to be located is owned by Sam Allred 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 nuisancetto others in the neighborhood. It is understood that the disposal of such drainage shall be entirely the responsibility of the property owner. Any waste connection to a storm sewer which empties into an open drainageway shall be discontinued, if the waste becomes a nuisance or damages any property or rights of others in the vicinity of the open drainageway. 308 CITY OF AUSTIN, TEXAS 308 "We recommend that Sam Allred be granted permission to construct, maintain, and operate said drive-in gasoline filling station and to construct curbs, ramps, and sidewalks in conjunction therewith subject to the following conditions. "(1) That all buildings and equipment shall be placed inside of the property line; correct lines to be obtained before construction starts or equipment is installed. Lines and grades to be obtained from the Department of Public Works for entrances and driveways; building lines to be approved by the City Building Inspector. That the applicant shall confer with the Department of Public Works as to future grades of the sidewalks and gutters on the adjacent streets before he starts any construction relative to the filling station. "(2) That only underground tanks shall be used, and that all pumps shall be so located that it will be impracticable to servicemmotor vehicles therefrom while said motor vehicles are standing on any part of a sidewalk, street, or alley. "(3) That the gasoline tanks, pumps, and all equipment used in connection with the storage and handling of gasoline shall be an approved type and shall bear the label of Underwriters Laboratories, Inc., and that all construction for the filling station improvements shall be in accordance 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 andwater shall beconcentrated into a combined grease and sand trap which shall be constructed in accordance with our standard plan 2-H- 146. "(5) That all filling station improvements, pump islands, driveways, ramps, gutters, sidewalks and curbs excepting those driveways, ramps, etc. facing on Allred Lane (South Loop Blvd.), 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 - C - 2071, construction of concrete driveways, ramps, sidewalks and curbs facing Allred Lane (South Loop Blvd.) may be omitted temporarily until such time as the permanent paving of Allred Lane (South Loop Blvd.) has been completed, at which time applicant shall construct said driveways, ramps, sidewalks and curbs of concrete as shown on the above numbered plan. "(6) Expansion joints shall be constructed as shown upon the plan hereto attached, marked 2 C 2071 and shall be of the pre-moulded type. "(7) When the owner considers that he has complied with all the requirments 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, (Sgd) S. Reuben Rountree, Jr. Director of Public Works (Sgd) J. C. Eckert Building Inspector" 309 CITY OF AUSTIN, TEXAS 309 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, J. C. Evans is the Contractor for the alteration of a building located at 819 Congress Avenue and desires a portion of the sidewalk and street space abutting on the north 1/2 of Lot 5, Block 97, of the Original City of Austin, Travis County, Texas, during the alteration of the building, such space to be used in the work and for the storage of materials therefor; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses hereinabove enumerated be granted to said J. C. Evans, the boundary of which is described as follows: Sidewalk and Street Working Space Beginning at the south west corner of the above described property; thence in a westerly direction and at right angles with the center line of Congress Avenue to a point 12 feet west of the east curb line; thence in a northerly direction and at right angles to the center line of Congress Avenue approximately 23 feet to a point; thence in an easterly direction and at right angles to the center line of Congress Avenue to the north west corner of the above described property. Sidewalk and Alley Working Space Beginning at the south east corner of the above described property; thence in an easterly direction and at right angles to the center line of the Alley 5 feet to a point; thence in a northerly direction and parallel with the centerline of the Alley approximately 23 feet to a point; thence in a westerly direction and at right angles to the center line of the Alley to the north east corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said J. C. Evans, hereinafter termed "Contractor", upon the following express terms and conditions: (1) Sidewalk and Street Working Space: That the Contractor shall construct a 4-foot walkway within the outer boundaries of the above described working space, such walkway to be protected on each side by a guard rail at least 4 feet high and substantially braced and anchored, and without wood strips or obstructions of any kind along the pavement within the walkway, and at any time in the opinion of the City Officials it becomes necessary for any reason to install a board floor within the walkway the Contractor shall upon notice from the Building Inspector immediately place such a wood floor and substantially support same to prevent sagging under load. CITY OF AUSTIN, TEXAS 310 310 (2) Sidewalk and Alley Working Space: That the Contractor shall construct in the alley a guard rail within the boundary lines of the above described space, such guard rail to be at least 4 feet high and sustantially braced and anchored. (3) That the Contractor is permitted to construct in his working space a substantial gate which shall be kept closed at all times when not in use, and at all times that such gate is open, the Contractor shall maintain a person at this gate to warn pedestrians and vehicles of approaching trucks. This gate is not to open out so as to impede vehicular or pedestrian traffic. (4) That no vehicles in loading or unloading material at the working space shall park on any part of the street outside of the allotted working space. (5) That "NO PARKING" signs shall be placed on the street side of the barricades. (6) That the Contractor is permitted to construct a temporary work office within such allotted working space provided such work office is not within 25 feet of any corner street intersection. (7) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (8) That provisions shall be made for the nromal flow of all storm waters in the gutter and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (9) That the Contractor shall place on the outside corners of any walkway, barricades or obstructions, red lights during all periods of darkness and provide lighting system for all tunnels. (10) That the Contractor shall remove all fences, barricades, loose materials and other obstructions on the sidewalk and street immediately after the necessity for their existence on said sidewalk or street has ceased, such time to be determined by the City Manager, and in any event all such sidewalk, barricades, materials, equipment and other obstructions shall be removed not later than November 15, 1956. (11) That the City reserves the right to revoke at any time any and all the privileges herein granted or to require the erection or installation of additional barriers or safeguards if the conditions demand it. (12) That the use and enjoyment of the spaces herein grante d shall not be exclusive as against public needs, and the City, in making such grant reserves the right to enter and occupy any part or all of said space any time with its public utilities, or for other necessary public purposes. (13) That any public utility, or public or private property disturbed or injured as a result of any of the activities necessary for the completion of the construction work for said building projects, whether done by the Contractor, City Forces, or public utilities, shall be replaced or repaired at the Contractors expense. 311 - CITY OF AUSTIN, TEXAS 311 (14) That the Contractor shall furnish the City of Austin a surety bond in the sum of Five Thousand Dollars ($5000.) which shall protect, indemnify and hold harmless the City of Austin from any claims or damages to any person or property that may accrue to or be brought by any person by reason of the exercise or abuse of the privileges granted the Contractor by the City of Austin and khall guarantee the replacement of all sidewalks, pavement and all other public property and public utilities disturbed or removed during the construction work and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the space. The motion, seconded by Councilman Long, 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, Charles C. Madden Company is the Contractor for the alteration of a building located at 2334-38 Guadalupe Street and desires a portion of the sidewalk and street space abutting the north 48 feet of Lot 34, Outlot 36, Division D, of the Original City of Austin, Travis County, Texas, during the alteration of the building, such space to be used in the work and for the storage of materials therefor; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses hereinabove enumerated be granted to said Charles C. Madden Company, the boundary of which is described as follows: Sidewalk and Street Working Space Beginning at the south east corner of the above described property; thence in an easterly direction and at right angles to the center line of Guadalupe Street approximately 5 feet to a point; thence in a northerly direction and at right angles to the center line of Guadalupe Street approximately 32 feet to a point; thence in a westerly direction and at right angles to the centerline of Guadalupe Street to the east line of the above described property. 2. THAT the above privileges and allotment of space are granted to the said Charles C. Madden Company, hereinafter termed "Contractor", upon the following express terms and conditions: (1) That the Contractor shall erect within the above described working space a solid fence built of not less than one-inch material and at least 8 feet in height (or extending from the sidewalk to the underside of the present awning) substantially braced and anchored and to maintain same in good condition at all times while the work is in progress. The Contractor will be permitted to put a door in the barricade that will either open in or slide parallel to the barricade, and at all times that material is being delivered or taken away from the building, a watchman shall be provided to warn pedestrians of approaching danger. 312 312 CITY OF AUSTIN, TEXAS (2) That the Contractor is permitted to construct in his working space a substantial gate which shall be kept closed at all times when not in use, and at all times that such gate is open, the Contractor shall maintain a person at this gate to warn pedestrians and vehicles of approaching trucks This gate is not to open out so as to impede vehicülar or pedestrian traffic. (3) That no vehicles in leading or unloading material at the working space shall park on any part of the street outside of the allotted working space. • (4) That "NO PARKING" signs shall be placed on the street side of the barricades. (5) That the Contractor is permitted to construct a temporary work office within such allotted working space provided such work office is not within 25 feet of any corner street intersection. (6) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (7) That provisions shall be made for the normal flow of all stowm waters in the gutter and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (8) That the Contractor shall place on the outside corners of any walkway, barricades or obstructions, red lights during all periods of darkness and provide lighting system for all tunnels. (9) That the Contractor shall remove all fences, barricades, loose materials and other obstructions on the sidewalk and street immediately after the necessity for their existence on said sidewalk or street has ceased, such time to be determined by the City Manager, and in any event all such sidewalk, barricades, materials, equipment and other obstructions shall be removed not later than July 11, 1956. (10) That the City reserves the right to revoke at any time any and all the privileges herein granted or to require the erection or installation of additional barriers or safeguards if the conditions demand it. (11) That the use and enjoyment of the spaces herein granted shall not be exclusive as against public needs, and the City, inmaking such grant reserves the right to enter and occupy anypart or all of said space any time with its public utilities, or for other necessary public purposes. (12) That any public utility, or public or private property disturbed or injured as a result of any of the activities necessary for the completion of the construction work for said building projects, whether done by the Contractor, City Forces, or public utilities, shall be replaced or repaired at the Contractors expense. (13) That the Contractor shall furnish the City of Austin a surety bond in the sum of One Thousand Dollars ($1000.) which shall protect, indemnify and hold harmless the City of Austin from any claims or damages to any person or property that may accrue to or be brought by any person by reason of the exercise or abuse of the privileges granted the Contractor by the City of 313 313 CITY OF AUSTIN, TEXAS Austin and shall guarantee the replacement of all sidewalks, pavement and all other public property and public utilities disturbed or removed during the construction work and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the space. The motion, seconded by Councilman Long, 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, E. I. McGuire is the Contractor for the alteration of a building located at 208 East Sixth Street and desires a portion of the sidewalk and street space abutting the west 36 feet of Lot 3, Block 68, of the Original City of Austin, Travis County, Texas, during the alteration of the building, such space to be used in the work and for the storage of materials therefor; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. THAT space for the uses hereinabove enumerated be granted to said E. I. McGuire, the boundary of which is described as follows: Sidewalk and Street Working Space Beginning at the south west corner of the above described property; thence in a southerly direction and at right angles to the center line of East Sixth Street 5 feet to a point; thence in an easterly direction and parallel with the center line of East Sixth Street approximately 30 feet to a point; thence in a northerly direction and at right angles to the center line of East Sixth Street to the south east corner of the above described property. 2. THAT the above privileges and allotment of space are granted to the said E. I. McGuire, hereinafter termed "Contractor", upon the following express terms and conditions: (1) That the Contractor shall erect within the above described working space a solid fence built of not less than one-inch material and at least 8 feet in height (or extending from the sidewalk to the underside of the present awning) substantially braced and anchored andto maintain same in good condition at all times while the work is in progress. The Contractor will be permitted to put a door in the barricade that will either open in or slide parallel to the barricades, and at all times that material is being delivered or taken away from the building, a watchman shall be provided to warn pedestrians of approaching danger. (The Contractor will also be permitted to use two parking meter spaces immediately in front of the entrance in the barricade, for the delivery or removal of materials during construction work.) (2) That the Contractor is permitted to construct in his working 314 CITY OF AUSTIN, TEXAS 314 space a substantial gate which shall be kept closed at all times when not in use, and at all times that such gate is open, the Contractor shall maintain a person at this gate to warn pedestrians and vehicles of approaching trucks. This gate is not to open out so as to impede vehicular or pedestrian traffic. (3) That no vehicles in loading or unloading material at the working space shall park on any part of the street outside of the allotted working space. (4) That "NO PARKING" signs shall be placed on the street side of the barricades. (5) That the Contractor is permitted to construct a temporary work office within such allotted working space provided such work office is not within 25 feet of any corner street intersection. (6) That the Contractor shall in no way obstruct any fire plugs or other public utilities in the construction of such barricades. (7) That provisions shall be made for the normal flow of all storm waters in the gutter and the Contractor will be responsible for any damage done due to obstruction of any such storm water. (8) That the Contractor shall place on the outside corners of any walkway, barricades or obstructions, red lights during all periods of darkness and provide lighting system for all tunnels. (9) That the Contractor shall remove all fences, barricades, loose materials and other obstructions on the sidewalk and street immediately after the necessity for their existence on said sidewalk or street has ceased, such time to be determined by the City Manager, and in any event all such sidewalk, barricades, materials, equipment and other obstructions shall be removed not later than August 1, 1956. (10) That the City reserves the right to revoke at any time any and all the privileges herein granted or to require the erection or installation of additional barriers or safeguards if the conditions demand it. (11) That the use and enjoyment of the spaces herein granted shall not be exclusive as against public needs, and the City, in making such grant reserves the right to enter and occupy any part or all of said space any time with its public utilities, or for other necessary public purposes. (12) That any public utility, or public or private property disturbed or injured as a result of any of the activities necessary for the completion of the construction work for said building projects, whether done by the Contractor, City Forces, or public utilities, shall be replaced or repaired at the Contractors expense. (13) That the Contractor shall furnish the City of Austin a surety bond in the sum of One Thousand Dollars ($1000.) which shall protect, indemnify and hold harmless the City of Austin from any claims or damages to any person or property that may accrue to or be brought by any person by reason of the exercise or abuse of the privileges granted the Contractor by the City of Austin and shall guarantee the replacement of all sidewalks, pavement and all CITY OF AUSTIN, TEXAS 315 315 other public property and public utilities disturbed or removed during the construction work and shall further guarantee the construction of a walkway and other safeguards during the occupancy of the space. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Council took under consideration the purchase of a lot in the 1300 Block of East 7th Street (3rd lot east of Attayac). The City Manager stated if the Highway plans for the Interregional were used, the City would have no need for this property. Councilman Long moved that the City not purchase the property at this time. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The following zoning application advertised for public hearing for this date was indefinitely postponed at the request of Mr. H. G. West: H. G. WEST 505-521 Oltorf Street From "A" Residence 2401-2411 So.lst Street To "GR" General Retail Pursuant to published notice thereof the following zoning applications were publicly heard: J. L. JOSEPH, and 2307-2309 & 2308-10 From "B" Residence WALTER LONG, ALICE B. HOLMES & DR.MATTHEW F. Leon; 1021-1109 W. 24th St.;2315-19 To "0" Office RECOMMENDED by the KREISLE Longview Planning Commission The Mayor asked those who wished to grant the change to "0" Office 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 to "O" Office and the City Attorney was instructed to draw the necessary ordinance. SAMMIE JOSEPH & HARRY JOSEPH 817-27 State Highway No.20; 906-910 Reinli Street From "A" Residence To "C" Commercial RECOMMENDED by the Planning Commission The Mayor asked those who wished to grant the change to "C" Commercial to vote "aye"; those opposed to vote "no". Roll call showed the following vote: 316 CITY OF AUSTIN, TEXAS 316 Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the change to "C" Commercial had been granted and the City Attorney was instructed to draw the necessary ordinance. JOHN J. MCKAY, et al 1500-1606 West Lynn 1601-19 Niles Road 1501-1711 & 1500-1708 Pease Road From "B" Residence To "A" Residence NOT RECOMMENDED by the Planning Commission RECOMMENDED "BB" for Original Lots 21,39 & 40, Enfield C and "A" for the remainder The Mayor asked those who wished to grant the change to "A" Residence except on Lots 21, 39 and 40 (those lots to remain "B") 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 to "A" Residence except on Lots 21, 39 and 40, those lots to remain "B", and the City Attorney was instructed to draw the necessary ordinance. ROSSIE BUTLER DYKES 5511-5519 Sunshine Drive From "A" Residence To "B" Residence The Mayor asked those who wished to grant the change to "B" Residence 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 to "B" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. NASH PHILLIPS & CLYDE COPUS, JR. 5315-5327 Cameron Road From "A" Residence lst Height & Area To "GR" General Retail 6th Height & Area RECOMMENDED by the Planning Commission The Mayor asked those who wished to grant the change to "GR" General Retail and 6th Height and Area to vote "aye"; those opposed to vote "no". Roll 317 317 _ CITY OF AUSTIN, TEXAS: call showed the following: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the change had been granted to "GR" General Retail and 6th Height and Area and the City Attorney was instructed to draw the necessary ordinance. MISS J. F. PALM, et al 7605-7809 Burnet Road By Tom E. Johnson From "A" Residence To "GR" General Retail RECOMMENDED by the Planning Commission as amendedd-"GR" for a 13.27 acre tract located at 7711-7809 Burnet Rd. The Mayor asked those who wished to grant the change to "GR" on the 13.27 acre tract located at 7711-7809 Burnet Road to vote "aye"; those opposed to vote "no". Roll call showed the following: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the change had been granted to "GR" General Retail and the City Attorney was instructed to draw the necessary ordinance. SHEPPARD CONSTRUCTION COMPANY 1411-1533 Barton Springs Rd; 501-21 Kinney Avenue & 522- 526 So. Lamar Blvd. Opposition was expressed by MR. HARRY NOLEN, MR. From "A" Residence & "C"Commercial & "C-1" Commercial "0" Office To ROY KREZDORN; and by MARGARET BIRDSONG, and MRS. VESTAL B. HUGHES by letter. MR. M. H. CROCKETT and MR. HARRY JOSEPH were in favor of the change. MR. SHEPPARD appeared in his own behalf. The Council postponed action until Thursday, May 17th. WILLIS F. FISHER 3304-12 Oak Springs Road From "A" Residence To "GR" General Retail Mr. Fisher appeared in his own behalf. Opposition was expressed by MR. MEL WARD, MRS. HYMAN LAW, MR. CARL HOBBS, MRS. W. L. BENSON; and by letter from MR. & MRS. C. C. LARY, and MR. GLEN DAVIS. The Council postponed action until Thursday, May 17th. 318 _ CITY OF AUSTIN, TEXAS 318 LEONARD E. BELDING 1301-07 Edgecliff Dr. 900-06 Manlove St. 1300-22 Riverside Dr. From "A" Residence To "C" Commercial The Council property owners. Opposition was expressed by MR. JOHN KAVANAUGH for severalof the MR. RUSSELL P. ROBERSON represented the applicant. postponed action until Thursday, May 17th. JAMES H. HAUSENFLUKE 4408-4412 North Lamar Boulevard From "C" Commercial Το "C-1" Commercial NOT Recommended by the Planning Commission The Mayor asked those who wished to grant the change to "C-1" Commercial to vote "aye"; those opposed to vot e "no". Roll call showed the following vote: Ayes: None Noes: Councilmen Long, Palmer, Pearson, White, Mayor Miller The Mayor announced that the change had been DENIED. The Conncil recessed until 2:30 P.M. Recessed Meeting 2:30 Ρ.Μ. At 2:30 the Council resumed its business. MR. FRANK BARRON appeared regarding sewer conditions in Manor Hills, and a refund contract in Manor Hills, Section 5. The Council and Mr. Barron discussed this in much detail. The Mayor stated the City would go ahead and get the job done, and Mr. Barron guaranteed getting the 22 houses in the Sections connected. There being no further business the Council adjourned at 4:30 P.M. subject to the call of the Mayor. ATTEST: منطق City Clerk APPROVED Jom Milla Mayor