452. 452 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting August 01, 1957 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 MR. B. R. REYNOLDS, Y.M.C.A., 700 Guadalupe. Councilmen White moved that the Minutes of July 25, 1957, be approved. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None MR. GILBERT SMITH, and a delegation, appeared before the Council stating the area up the lake was infested with flies and mosquitoes, had lots of moss and green scum, and asked that something be done right away, and suggested lowering the lake to get rid of the weeds. The Mayor stated the Council had promised that if the weed cutter did not do the job, that the lake would be lowered at a suitable time. The City Manager gave a report on the weed cutter operations stating operations had been slowed down by six weeks by the rises in the river; that the mower did do a good job; and if another mower or additional men were added, and it did not do the complete job, he would recommend lowering the lake a very few feet. MR. ED GRIMMER stated if the weed cutter operated eight hours a day, instead of about three, the problem would be solved, and he did not want the lake lowered. MR. TOM BRADFIELD asked that the lake be lowered at a satisfactory time. The Mayor stated the cutter should be operated ten hours a day at this time of the year, and he asked that a daily report be make on its operation. After much discussion, the matter was turned over to the City Manager. GENERAL C. T. EDWINSON, Commanding Officer of Bergstrom Field, introduced the new Commanding Officer, COLONEL I. W. MCELROY. The Council welcomed COLONEL MCELROY, and by rising vote proclaimed GENERAL EDWINSON forever a citizen of Austin, and invited him back to Austin whenever he retired from the service. CITY OF AUSTIN, TEXAS 453 453 MR. MORRIS MOORE appeared before the Council regarding the price set for city-owned property on East Avenue which was adjacent to the property of Mrs. Sarah Manor, whom he was representing. He asked that the price be set as it was some six months ago. This was discussed in detail. The Council stated it would look at this property again. Mr. Mooreaand a representative from the Texas Restuarant Association had an appointment to meet with the Mayor at 3:00 P.M. this date. The City Manager stated the question of the amount the property sold for in the past had nothing to do with how much the City wanted for the property now. No action was taken by the Council. MR. CLYDE MALONE appeared before the Council giving a report on a business transaction of the Austin Transit Corporation in trading twenty 1952 busses for twenty-four older busses, and coming out with more seating capacity, and with busses that were easier and more economical to operate and maintain. Mr. Malone stated the busses he was trading were not the new busses the Company purchased in 1955, on which a fare increase was predicated. The City Manager submitted the following: "July 30, 1957 "Memorandum to: W. T. Williams, Jr., City Manager Memorandum from: S. Reuben Rountree, Jr., Director of Public Works "Subject: Seal Coat Surfacing of Various Streets Contract No. 57-C-28 Contract "Following is a tabulation of bids received at 10:00 A.M., Tuesday, July 30, 1957, for the construction of Seal Coat Surfacing of Various Streets No. 57-C-28. "George Kies $31,028.50 Collins Construction Co. 32,032.25 Dean Skinner 34,198.00 Giesen & Latson Const. Co.. 43,490.00 McKown & Sons 45,830.75 $34,959.50 "City's Estimate "I recommend that George Kies with his low bid of $31,028.50 be awarded the contract for this project." Councilman Palmer offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on July 30, 1957, for the construction of Seal Coat Surfacing of Various Streets Contract No. 57-C-28; and, WHEREAS, the bid of George Kies in the sum of $31,028.50 was the lowest and best bid therefor, and the acceptance of such bid has been recommended by the Director of Public Works of the City of Austin and by the City Manager; Now, Therefore, i CITY OF AUSTIN, TEXAS 454 454 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of George Kies in the sum of $31,028.50 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 George Kies. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None MR. WAYNE GOLDEN appeared before the Council and submitted detailed information on the grant reservation for urban renewal. (On file under URBAN RENEWAL) After discussion, Councilman Palmer offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954, the Housing and Home Finance Administrator is authorized to extend financial assistance to localities in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects; and WHEREAS, it is desirable and in the public interest that the City of Austin prepare surveys and plans, presently estimated to cost approximately $47,755, in order to undertake and carry out an urban renewal project of the Character contemplated by Section 110(c) of said Title I, in that certain area, proposed as an Urban Renewal Area, situated in the City of Austin, County of Travis, and State of Texas, generally described as being bounded on the north by New York Avenue alley; on the east by Chicon Street; on the south by Rosewood Avenue alley, Washington Street projected to Angelina Street; on the west by Angelina Street to Cotton Street and one-half block north of Cotton Street at Comal Street; and more particularly described as follows: Beginning at the Northeast corner of Chicon St. and the alley south of East 12th Street; southerly on Chicon St. to the Northeast corner of the alley north of Rosewood Avenue; THENCE westerly across Chicon St. to the south side of the alley north of Rosewood Avenue, westerly along the south side of this alley and across Leona Street; THENCE northerly approximately 50 feet to the Southwest corner of Washington Avenue and Leona Street; THENCE, westerly along the south side of Washington Ave. and across Comal St. to a point approximately 212 feet north of Rosewood Avenue; THENCE westerly along designated property lines to and across Angelina Street; - CITY OF AUSTIN, TEXAS 455 455 THENCE northerly along the west side of Angelina Street to a point approximately 212 feet north of Hackberry Street; THENCE easterly across Angelina St. to a point approximately 212 feet north of Hackberry Street; THENCE easterly approximately 175 feet along designated property line; THENCE northerly approximately 212 feet along designated property lines, across Cotton St. to a point approximately 175 feet west of Comal Street; THENCE northerly approximately 212 feet along designated property lines; THENCE easterly approximately 175 feet along designated property lines to the west side of Comal Street; WHENCE northerly approximately 65 feet along the west side of Comal Street; THENCE easterly across Comal Street and along the north side. of the alley south of East 12th St. to the point of origin; and WHEREAS, the Administrator will consider requests for the reservation or earmarking of capital grant funds that may be made available to local public agencies under the provisions of said Title I for shùm clearance and urban redevelopment projects; and WHEREAS, it is desirable and appropriate that a request for a reservation of capital grant funds for the Locality be submitted to the Administrator for future use in the above described area; and WHEREAS, the above-cited Federal law requires as a condition to the execution of a contract for a loan and capital grant for an urban renewal project that the locality present to the Housing and Home Finance Administrator a workable program, as set forth in Section 101(c) of said Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas or to undertake such other feasible community activities as may be suitable employed to achievethe objectives of such a program; and WHEREAS, it is recognized that contracts for loans and capital grants for urban renewal projects will require, among other things, (1) the approval of the urban renewal plan by the governing body of the locality in which the project is situated; (2) the provision of local grants-in-aid which may consist of donations of cash, land, demolition or removal work, and the installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities; and (3) the development of a feasible method for the relocation of families displaced from the urban renewal area. CITY OF AUSTIN, TEXAS 456 456 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: SECTION 1. That the proposed Urban Renewal Area described above is a slum, blighted, deteriorated or deteriorating area appropriate for an urban renewal project and that the undertaking by the City of Austin of surveys and plans for an urban renewal project of the character contemplated by Section 110(c) of the Housing Act of 1949, as amended and supplemented, in the proposed Urban Renewal Area described above, is hereby approved. SECTION 2. That the financial assistance provided under said Title I to assist urban renewal projects is needed and that the Housing and Home Finance Administrator is hereby requested to reserve for an urban renewal project in the proposed Urban Renewal Area described above Federal capital grant funds in an amount not exceeding $395,750 to enable the City of Austin to finance the undertaking of the Project. SECTION 3. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, including the requirements of said Title I respecting the workable program mentioned above, and that it is the sense of this body (a) that a feasible method for the relocation of families displaced from the urban renewal area, in conformity with said Title I, can be prepared, and (b) that local grants-in-aid, consisting of donations of cash, land, demolition or removal work, and the installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities, necessary for carrying out in the Urban Renewal Area the urban renewal objectives of said Title I in accordance with the urban renewal plan, can and will be provided in an amount which will not be less than one-third of the net project cost and which, together with the Federal capital grant, will be generally equal to the difference between gross project costs and the proceeds or value of project land sold, leased or retained for use in accordance with the urban renewal plan. SECTION 4. That the filing of an application by the City of Austin for an Advance of funds from the United States of America in an amount not to exceed $47,755 for surveys and plans for an urban renewal project in the urban renewal area described above is hereby approved, and that the City Manager is hereby authorized and directed to execute and file such application with the Housing and Home Finance Administrator, and to provide such additional information and to furnish such documents as may be required by said Administrator, and to act as the authorized representative of the City of Austin. vote: The motion, seconded by Councilman Pearson, carried by the following Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None Councilman Pearson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, by instrument dated January 18, 1923, of record in Volume 404 at page 90 of the Deed Records of Travis County, Texas, the City of Austin was granted a storm sewer easement across Lot 2, Block 2, of Fruth's Addition, - CITY OF AUSTIN, TEXAS: 457 457 a subdivision of Outlots 14 and 73, Division "D" of the Government Outlots adjoining the Original City of Austin, Travis County, Texas; and, WHEREAS, said storm sewer has been located elsewhere and said easement does not adequately describe the needed location for such sewer lines; and,. WHEREAS, the owner of said Lot 2, Block 2, Fruth's Addition, has requested that said easement be released; and, WHEREAS, the hereinafter described easement is not now needed and will not hereafter 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 to execute a release of said storm sewer easement, located on the following described property, to wit: That certain strip of land traversing Lot 2, Block 2, of Fruth's Addition, a subdivision of Outlots 14 and 73, Division "D" 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 Fruth's Addition being of record in Book 2 at page 157 of the Plat Records of Travis County, Texas, said strip of land hereinafter described is provided for in an instrument dated January 18, 1923, of record in Volume 404 at page 90 of the Deed Records of Travis County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of the said Lot 2, Block 2, of Fruth's Addition and from which point of beginning the southeast corner of Lot 2 bears in a southerly direction 39.50 feet; THENCE following the herein described line in a westerly direction to point of termination in the west line of said Lot 2, same being the east line of Guadalupe Street and from which point of termination the southwest corner of said Lot 2 bears in a southerly direction 32.50 feet. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None Mayor Miller introduced the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, JULY 17, 1941, AND RECORDED IN ORDINANCE BOOK "L", PAGES 152-174, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, WHICH ORDINANCE WAS AMENDATORY OF THAT CERTAIN ORDINANCE ESTABLISHING ZONING =CITY OF AUSTIN, TEXAS 458 458 REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN PASSED BY THE CITY COUNCIL APRIL 23, 1931, AND RECORDED IN BOOK "I", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION FROM "D" INDUSTRIAL DISTRICT TO "C-1" COMMERCIAL DISTRICT ON A TRACT OF LAND FRONTING APPROXIMATELY 433 FEET ALONG THE NORTH RIGHT OF WAY LINE OF EAST FIFTH STREET, LOCALLY KNOWN AS 5210-5318 EAST FIFTH STREET, IN THE CITY OF AUSTIN, TRAVIS COUNTY TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGE HEREBY ORDERED; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE •SEPARATE DAYS. The ordinance was read the first time and Councilman White moved that the ordinance be passed to its second reading. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Palmer, Pearson, White Noes: Councilman Long, Mayor Miller Mayor Miller introduced the following ordinance: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, JULY 17, 1941, AND RECORDED IN ORDINANCE BOOK "L", PAGES 152-174, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, WHICH ORDINANCE WAS AMENDATORY OF THAT CERTAIN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN PASSED BY THE CITY COUNCIL, APRIL 23, 1931, AND RECORDED IN BOOK "K", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION FROM "A" RESIDENCE DISTRICT TO "LR" LOCAL RETAIL DISTRICT ON A PORTION OF A TRACT OF LAND FRONTING 48 FEET ALONG THE NORTH RIGHT OF WAY LINE OF EAST 12TH STREET, LOCALLY KNOWN AS 2930 EAST 12TH STREET, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGE HEREBY ORDERED; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Long moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None CITY OF AUSTIN, TEXAS 459 459 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 Palmer, 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 Palmer, 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 THAT CERTAIN ORDINANCE PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN, TEXAS, JULY 17, 1941, AND RECORDED IN ORDINANCE BOOK "L", PAGES 152-174, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, WHICH ORDINANCE WAS AMENDATORY OF THAT CERTAIN ORDINANCE ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN PASSED BY THE CITY COUNCIL, APRIL 23, 1931, AND RECORDED IN BOOK "I", PAGES 301-318, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, THE AMENDATORY ORDINANCE HEREBY CHANGING THE USE DESIGNATION FROM "A" RESIDENCE DISTRICT TO "GR" GENERAL RETAIL DISTRICT ON LOT 3, THEODOR LOW HEIGHTS, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD THE CHANGE HEREBY ORDERED; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman White moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, 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: CITY OF AUSTIN, TEXAS 460 460 Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Mayor announced that the ordinance had been finally passed The Council took no action on the following zoning request: JE. ROBERTS and 200-02 East 17th Street From "A" Residence 1701-05 Brazos To "O" Office MRS. L.C. BANKS 204 East 17th Street From "A" Residence To "GR" General Retail Councilman Pearson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the construction of hangars at Robert Mueller Municipal Airport has made it necessary for the City to reoccupy certain premises described in that certain Lease dated November 4, 1942 between the City of Austin and Braniff Airways, Incorporated which said premises have been used by Braniff Airways, Incorporated for the operation of its remote radio transmitter equipment; and, WHEREAS, other premises have been assigned to said Braniff Airways, Incorporated for the construction and operation of its remote radio transmitter equipment in lieu of the original premises assigned; 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 and deliver to Braniff Airways, Incorporated that certain Letter Agreement dated July 8, 1957 heretofore previously executed by Braniff Airways, Incorporated, and exhibited by said City Manager to the City Council, amending said Lease and Agreement dated November 4, 1942 pursuant to the provisions contained in said Letter Agreement dated July 8, 1957. 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) 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 in behalf of the City that certain contract exhibited by him to the City Council wherein the estate of Baxter Stubbs, Deceased grants CITY OF AUSTIN, TEXAS 2461 461 to the City of Austin the right and privilege of filling open pits or holes upon that certain 51 acre tract of land described in deed dated December 7, 1928 of record in Vol. 429, Page 208 of the Deed Records of Travis County, Texas, with garbage, trash, and refuse collected by the City of Austin Sanitation Division. The motion, seconded by Councilman Pearson, 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) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the following described tract of land owned by the City of Austin, a municipal corporation situated in Travis County, Texas, be and the same is hereby set aside and dedicated for use as a public street and thoroughfare in the City of Austin, said tract being described as follows: 2.36 acres of land, a portion of said 2.36 acre tract being out of and a part of that certain 16.49 acre tract of land, a portion of the James P. Wallace Survey No. 57 and the J. Burleson Survey No. 10 in the City of Austin, Travis County, Texas, which was conveyed to the City of Austin, Travis County, Texas, by warranty deed dated May 29, 1939, of record in Volume 621 at page 31 of the Deed Records of Travis County, Texas, and described as Tract No. 1 in said deed; a portion of said 2.36 acre tract of land being out of and a part of that certain 103.247 acre tract of land out of the A. W. Canfield Labor Survey No. 1l in the City of Austin, Travis County, Texas, which certain 103.247 acre tract of land was conveyed to the City of Austin by warranty deed dated June 13, 1957, of record in Volume 1823 at pages 97-99 of the Deed Records of Travis County, Texas, said 2.36 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a concrete monument at the northwest corner of the herein described tract of land, same being in the west line of Berkman Drive, which concrete monument is at the southeast corner of Lot 16, Block X, Delwood 4, Section B, a subdivision of record in Book 6, at page 167, of the Plat Records of Travis County, Texas, same being the northeast corner of Lot 16, Block B of Windsor Park Section I a subdivision of record in Book 7 at page 13 of the Plat Records of Travis County, Texas, and which concrete monument is at the southwest corner of that certain tract of land conveyed to the City of Austin and the Public by easement and dedication dated October 1, 1953, of record in Volume 1404 at page 402 of the Deed Records of Travis County, Texas; THENCE with the north line of the herein described tract of land, same being the south line of the aforementioned tract described in instrument of record in Volume 1404 at page 402 of the Deed Records of Travis County, Texas, South 59° 57' East 60.00 feet to the northeast corner of the herein described tract of land; CITY OF AUSTIN, TEXAS 462 462 THENCE with the east line of the herein described tract of land, South 30° 03' West 1718.11 feet to an iron pin at the southeast corner of the herein described tract of land, same being in the north line of East 51st Street; THENCE following a line twenty-five (25.00) feet north of and parallel to the centerline of East 51st Street as established by the Department of Public Works of the City of Austin, Travis County, Texas, North 370 41' West 64.86 feet to an iron pin at the southwest corner of the herein described tract of land; THENCE with the west line of the herein described tract of land, North 30° 03' East 340.70 feet to an iron pin, said iron pin being 30.00 feet west of the centerline of Berkman Drive as established by the Department of Public Works of the City of Austin and which iron pin is a point in the east line of that certain tract of land conveyed to the City of Austin, Travis County, Texas, by warranty deed dated September 13, 1928, of record in Volume 428 at page 245 of the Deed Records of Travis County, Texas; THENCE with the east line of the said City of Austin tract, same being a west line of the herein described tract, North 29° 37' East 300.75 feet to an iron pin at the northeast corner of Lot 2, Block G, of the aforesaid Windsor Park Section I, same being in the south line of Lot 3, Block G of the said Windsor Park Section I; THENCE with the south line of the said Lot 3, Block G, South 59° 57' East 1.93 feet to a concrete monument at the southeast corner of the said Lot 3 Block G, same being 30.00 feet west of the centerline of the said Berkman Drive; THENCE continuing with the west line of the herein described tract of land, North 30° 03' East 1052.14 feet to the point of beginning. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Clerk be, and she is hereby authorized and directed to file this Resolution in the office of the County Clerk of Travis County, Texas, giving notice to the public of the dedication for street purposes of the tract of land hereinabove described. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None Councilman Pearson offered the following resolution and moved its adoption (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves as a filling station site the property located at the northeast corner of the intersection of Guadalupe Street and Fruth Street which property fronts 228.93 feet on =CITY OF AUSTIN, TEXAS 463 463 Guadalupe Street, 199.8 feet on Fruth Street and 181.75 feet on West 29th Street and being known as lots 3, 4, 5, 6, the east 37.5 feet of lot 2, the east 43.25 feet of lot 1 and a vacated alley all being in Block 2, Fruth Addition in the City of Austin, Travis County, Texas, and hereby authorizes the said Tremarco Corporation 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 Council that the said Tremarco Corporation 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: "August 1, 1957 "We, the undersigned, have considered the application of Tremarco Corporation for permission to construct, maintain, and operate a drive-in gasoline filling station and to construct commercial driveways in conjunction therewith upon the property located at the northeast corner of the intersection of Guadalupe Street and Fruth Street which property fronts 228.93 feet on Guadalupe Street, 199.8 feet on Fruth Street and 181.75 feet on West 29th Street and being known as 3, 4, 5, 6, the east 37.5 feet of Lot 2, the east 43.25 feet of Lot 1 and a vacated alley all being in Block 2, Fruth Addition in the City of Austin, Travis County, Texas, and the property upon which this filling station is to be located is owned by Tremarco Corporation. We hereby advise that the following conditions exist. "The property upon which this filling station is to be located is designated as "C-1" Commercial Use District upon the zoning maps of the City of Austin. "All drainage, natural or otherwise, from this filling station is to be disposed of in such a manner that such drainage will not flow across the sidewalk area into the street, and furthermore, shall not create a nuisance to others in the neighborhood. 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. "We recommend that Tremarco Corporation 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. =CITY OF AUSTIN, TEXAS 464 464 "(1) That all buildings and equipment shall be placed inside of the property line; correct lines to be obtained before construction starts or equipment is installed. Lines and grades to be obtained from the Department of Public Works for entrances and driveways; building lines to be approved by the City Building Inspector. That the applicant shall confer with the Department of Public Works as to future grades of the sidewalks and gutters on the adjacent streets before he starts any construction relative to the filling station. "(2) That only underground tanks shall be used, and that all pumps shall be so located that it will be impracticable to service motor vehicles therefrom while said motor vehicles are standing on any part of a sidewalk, street, or alley. "(3) That the gasoline tanks, pumps, and all equipment used in connection with the storage and handling of gasoline shall be an approved type and shall bear the label of Underwriters Laboratories, Inc., and that all construction of the filling station improvements shall be in 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 and water shall be concentrated 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 shall be constructed of concrete at the expense of the applicant as set forth upon the plan, hereto attached, which plan bears the Department of Public Works file number 2-H-1519. "(6) Expansion joints shall be constructed as shown upon the plan, hereto attached, marked 2-H-1519 and shall be of the pre-moulded type. "(7) When the owner considers that he has complied with all the requirements of the City of Austin for filling stations, he shall apply for a final inspection, and upon approval, the Building Inspector shall issue a Certification of Operation before such filling station can be put into service. "Respectfully submitted, (Sgd) S. Reuben Rountree, Jr. Director of Public Works (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 =CITY OF AUSTIN, TEXAS= 265 465 Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Southern Union Gas Company has presented to the City Council tentative maps or plans showing the proposed construction of its gas mains in the streets in the City of Austin hereafter named, and said maps or plans have been considered by the City Council; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT Southern Union Gas Company be and the same is hereby permitted to lay and construct its gas mains in and upon the following streets: (1) A gas main in VASQUEZ STREET from Montana Street southerly 43 feet, the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said VASQUEZ STREET. Said gas main described above shall have a cover of not les s than 22 feet. (2) A gas main in VASQUEZ STREET from Montana Street northerly 389 feet, the centerline of which gas main shall be 2 feet east of and parallel to the west property line of said VASQUEZ STREET. Said gas main described above shall have a cover of notless than 2 feet. (3) A gas main in MONTANA STREET from the east line of Vasquez Street westerly to a point 2 feet east of the west line of Vasquez Street, the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said MONTANA STREET. Said gas main described above shall have a cover of notless than 2½ feet. (4) A gas main in SOUTH FOURTH STREET from a point 60 feet south of Juanita Street northerly 17 feet, the centerline of which gas main shall be 6.5 feet west of and parallel to the east property line of said SOUTH FOURTH STREET. Said gas main described above shall have a cover of notless than 2½ feet. (5) A gas main in PRATHER LANE from a point 753 feet west of Manchaca Road westerly 140 feet, the centerline of which gas main shall be 6.5 feet south of and parallel to the north property line of said PRATHER LANE. Said gas main described above shall have a cover of notless than 22 feet. CITY OF AUSTIN, TEXAS 2466 466 THAT Southern Union Gas Company is hereby put upon notice that the City of Austin does not guarantee that the space assigned above is clear from other underground utilities, but is based upon the best records we have at hand, and that the minimum depth stated does not have any reference to the fact that greater depths may not be required at special points. When the Southern Union Gas Company requires definite information upon the ground as to elevations or working points from which to base the location of their assignments, they shall apply to the Department of Public Works not less than three (3) days before such information is required. The Southern Union Gas Company is further put upon notice that they will be required to bear the expense of repairs or replacement of any underground utility damaged during the construction of lines named in this resolution. AND THAT whenever pavement is cut in the vicinity of a fire plug, water must be used at intervals during the course of backfilling of the ditches. THAT the work and laying of said gas mains, including the excavation in the streets, and the restoration and maintenance of said streets after said mains have been laid, shall be under the supervision and direction of the City Manager and under all the pertinent terms and conditions of the certain franchises granted to said company by the City of Austin. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None heard: Pursuant to published notice thereof the following zoning was publicly AREA 1, Beverly Hills, Sec. 2 AREA 2, Highland Hills, Secs.1,2,3,4 AREA 3, Allandale West, Secs. 1 & 2 AREA 4, Allandale Oaks AREA 5, Northwest Park RECOMMENDED "A" Residence 1st Height and Area by the Planning Commission No one appeared. Councilman White moved that the area be originally zoned "A" Residence First Height and Area District and the City Attorney be instructed to draw the necessary ordinance to cover. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The Council had a request from the UNIVERSITY COOPERATIVE SOCIETY that the Council issue a permit to theSociety for the construction of a one-story and basement building on the 53'x120' lot immediately north and adjoining the existing building at 2246 Guadalupe, the building to cover the entire site without provision for off-street parking. Councilman Long moved that the permit be granted to the Coop. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None 467 467 =CITY OF AUSTIN, TEXAS The City Manager reported that the Traffic Engineer was making a study of the Intersection of Airport Boulevard and the Interregional Highway; and the way it looked, there seems to be a need to set traffic lights at both sides. The Mayor asked about the traffic situation at 24th and San Gabriel. The City Manager stated a traffic light may be installed there, as there was an indefinite wait for cars trying to enter. With respect to the Sanitary Fill authorized on the Baxter Stubbs Estate, Councilman Pearson suggested that the area be patrolled to see if the dumping of trash on the highway could be curtailed, and have the police look into this. The City Manager reported that the traffic light at 7th and Shady Lane would be in by the time school started. The City Manager gave a report on MR. CLARENCE FLOURNOY'S request for the city's furnishing him water to supply 23 houses with better water service. The Mayor asked for a written report. The City Manager also reported on Mr. Flournoy's request to tap on to the line in front of his home on Tanglewood, stating the existing stub was already used; and where a stub does not exist, the property owner has to pay for it. The Council recessed until 2:30 P.M. Recessed Meeting 2:30 Ρ.Μ. At 2:30 P.M. the Council discussed with Mr. Lee Maners his bid for the construction of Voluntary Paving Contract No. 57-V-29, Units 1-4, at $68,680.32. The City Manager submitted the following: "July 30, 1957 "Memorandum to: W. T. Williams, Jr., City Manager Memorandum from: S. Reuben Rountree, Jr., Director of Public Works "Subject: Voluntary Paving Contract No. 57-V-29, Units 1 through 4 "Following is a tabulation of bids received at 10:00 A.M., Tuesday, July 30, 1957, for the construction of Voluntary Paving Contract No. 57-V-29, Units 1 through 4. "Lee Maners $68,680.32 McKown & Sons 69,360.24 Giesen & Latson Const. Co. 71,714.13 Raymond Canion & Co. 72,995.77 Collins Construction Co. 74,512.22 "City's Estimate $71,423.95 "I recommend that Lee Maners with his low bid of $68,680.32 be awarded the contract for this project." =CITY OF AUSTIN, TEXAS 468 468 Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on July 30, 1957, for the construction of Voluntary Paving Contract No. 57-V-29, Units 1 through 4; and, WHEREAS, the bid of Lee Maners in the sum of $68,680.32 was the lowest and best bid therefor, and the acceptance of such bid has been recommended by the Director of Public Works 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 Lee Maners in the sum of $68,680.32, 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 Lee Maners. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None The City Manager submitted the following: "Memorandum to: "July 30, 1957 W. T. Williams, Jr., City Manager Memorandum from: S. Reuben Rountree, Jr., Director of Public Works "Subject: Extensions to Reinforced Concrete Culverts on Shady Lane and on Springdale Road Contract No. 57-D-30 "Following is a tabulation of bids received at 10:00 A.M., Tuesday, July 30, 1957, for the construction of extensions to reinforced concrete culverts on Shady Lane at Boggy Creek and on Springdale Road at Boggy Creek Contract No. 57-D-30. "Giesen & Latson Const. Co. $7,373.70 Hardin Construction Co. 8,126.25 Maufrais Bros. 8,610.50 Miller's Concrete Contractors 13,456.50 "City's Estimate $6,667.50 "I recommend that Giesen & Latson Construction Company with their low bid of $7,373.70 be awarded the contract for this project." Councilman Palmer offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on July 30, 1957, for the construction of extensions to reinforced concrete culverts on Shady Lane at Boggy Creek and on Springdale Road at Boggy Creek Contract No. 57-D-30; and, 469 469 - CITY OF AUSTIN, TEXAS= WHEREAS, the bid of Giesen & Latson Construction Company in the sum of $7,373.70 was the lowest and best bid therefor, and the acceptance of such bid has been recommended by the Director of Public Works 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 Giesen & Latson Construction Company in the sum of $7,373.70, 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 Giesen & LatsonnConstruction Company. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None MR. DAVID BARROW appeared before the Council asking for fire protection outside the city limits, with particular reference to 1000 acres he had adjoining the city limits on the northwest. He asked to furnish some sort of liability or make a payment for the services, and put up a certain amount for a guarantee that it be paid. The City Manager explained the legal question involved. He said there was a state provision whereby the County could enter into a contract with cities for fire protection outside the city limits. The Mayor suggested that Mr. Barrow first ask that the property be annexed to the city; or second, talk with the County officials, and then the City Council and Commissioners could schedule a meeting. Mr. Barrow asked that the Council appoint another member to the Planning Commission in the vacancy now existing. The Mayor stated this would probably be done by next Thursday. There being no further business, the Council adjourned at 4:20 Ρ.Μ. subject to the call of the Mayor. ATTEST: Glas City Clerk 1 AFTEROVED Jom Mille Mayor