CITY OF AUSTIN, TEXAS 577 577 MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting September 19, 1957 10:00 A. 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. E. G. BISHOP, Minister of Education, First Baptist Church, 120 West 10th Street. Councilman White moved that the Minutes of the meeting of September 12, 1957, be approved. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Palmer, Pearson, White, Mayor Miller Noes: None MR. EDWIN HOCK, REV. EDWIN M. SCHAEFER, and MR. EDWIN MANSFIELD appeared before the Council representing the Evangelical and Reformed Church, 5800 Cameron Road. REV. SCHAEFER, spokesman, agreed that the road needed to be paved, but believed it should be paved now to the 60' width; however they were not in favor of having the 20' right-of-way to come from the west side only. The situation was explained in detail and by a sketch. Only eight feet would be used for widening, and the remaining twelve feet would be for sidewalk purposes. After detailed discussion, the Pastor stated they had come to present their side; that they would go on with the voluntary paving of the street now, but the 20' right-of-way would be another thing at a later date; that they were not in favor of giving the right-of-way. MRS. DAVID HALFPENNY, 2208 Pearl, appeared before the Council reporting an incident concerning a group of about 30 boys assaulting her son and another boy while they were at a party. She complimented the work of the Detectives, =CITY OF AUSTIN, TEXAS 578 578 but she could not understand why the fine assessed against the agitator was so small. She did not know why the case came up without their being given a chance to be present. She feared for the safety of the young groups with this situation present. The Mayor stated the Police Department would be instructed to talk to the parents of all of these boys and warn they, and he believed the Police could work with the parents and try to break up this gang. If the boys were buying beer, that could be checked into also, and the operators' licenses could be revoked. MR. ELGIN "BOW" WILLIAMS appeared before the Council asking that when cafes are checked and licensed that care be given to the parking conditions, and he made special reference to the Toddle House on Lamar. It was explained that all permits had been issued under the existing ordinances. He made a complaint about a statement in the paper that the telephone customers were getting normal service during the strike, when they were not getting good service. He made other complaints about the Billing of the Telephone Company. The Mayor stated the City had nothing to do with the strike. As to the bills, he suggested that he check them and take it up with the Company. Mayor Miller brought up the following ordinance for its second reading: AN ORDINANCE AMENDING THAT CERTAIN ORDINANCE ENTITLED: "AN ORDINANCE PRESCRIBING FARES AND CHARGES COLLECTIBLE, BEGINNING THE 1ST DAY OF JULY, 1947, BY EVERY PERSON, FIRM AND CORPORATION MAINTAINING AND OPERATING WITHIN THE CITY OF AUSTIN A BUS SYSTEM FOR LOCAL TRANSPORTATION OF PASSENGERS FOR HIRE USING OR OPERATING UNDER A PUBLIC FRANCHISE; PRESCRIBING PAYMENTS TO THE CITY OF AUSTIN, BASED UPON GROSS ANNUAL RECEIPTS FROM OPERATIONS, BY EVERY PERSON, FIRM AND CORPORATION MAINTAINING AND OPERATING WITHIN THE CITY OF AUSTIN A BUS SYSTEM; FIXING TIMES FOR SUCH PAYMENTS; AND DECLARING AN EMERGENCY," WHICH ORDINANCE WAS PASSED BY THE CITY COUNCIL OF THE CITY OF AUSTIN JUNE 26, 1947, AND IS RECORDED IN BOOK "M", PAGES 523-524, INCLUSIVE, OF THE ORDINANCE RECORDS OF THE CITY OF AUSTIN, BY AMENDING SECTION 1 THEREOF PRESCRIBING RATES FOR THE TRANSPORTATION OF PASSENGERS FOR HIRE BY BUS WITHIN THE CITY OF AUSTIN. The ordinance was read the second time and Councilman White moved that the ordinance be passed to its third reading. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Palmer, Pearson, White, Mayor Miller Noes: Councilman Long MR. O. B. McKOWN appeared before the Council regarding a driveway into his property on West 49th Street between Lynnwood and Burnet Road, to permit entrance to an area he wants to pave and use for a free parking lot for the teachers at the Rosedale School. The problem depended on a change of zoning. He was advised to file application for zoning change. _ CITY OF AUSTIN, TEXAS 579 579 The Mayor brought up the following zoning applicationsdeferred from last week: EVERETT KELLY, et al By Trueman O'Quinn 401-05-07 East 30th Street From "B" Residence To "LR" Local Retail NOT Recommended by the Planning Commission but RECOMMENDED "IR" for 401-03-05-07-09-11 East 30th Street The Mayor asked those who wished to grant the change to "LR" Local Retail for 401-03-05-07-09-11 East 30th Street 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 "LR" Local Retail and the City Attorney was instructed to draw the necessary ordinance to cover. M. J. McCANDLESS By Herbert Smart S.E. Corner East Live Oak Street and Post Road From "A" Residence and "GR"General Retail To "C" Commercial RECOMMENDED by the Planning Commission The Mayor' asked those who wished to grant the change to "C" Commercial with the exception of a 20' wide strip along the east side of the tract which will be "A" Residence to vote "aye"; those opposed 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 "C" Commercial with the exception of a 20' wide strip along the east side of the tract which will remain "A" Residence and the City Attorney was instructed to draw the necessary ordinance to cover. MR. RAS REDWINE, representing MR. GEORGE SHEPHERD on the original zoning of his property in Area 6, filed a letter agreeing to remove the contractor's equipment and lumberyard supplies and the temporary building and shed located at 5508 Bull Creek Road; and to restrict the use of the main building to office or other uses under "LR". (On file under PROPERTY Agreements) The Mayor pointed out there were objections to the proposed filling station there and a question as to its status. Mr. Shepherd stated he would exclude 125x125' log CITY OF AUSTIN, TEXAS 580 580 between the filling station and the property of Dr. Holle, leaving it "A" and abandon the construction of the apartment house. Mayor Miller asked MR. REDWINE to get with the City Attorney and list the agreements as laid out by Mr. Shepherd, and that he would talk with Dr. Holle, Mr. Vaught, and others to see if it could all be worked out by next Thursday. Councilman Pearson inquired about the proposed contract for leasing city property to the Ham Radio operators, to the left of the low-water dam, up on the hill. The City Attorney explained the contract as had been prepared but not yet submitted in its final form. The Council suggested that the building be limited to not over $10,000. By rising vote, the Council unanimously adopted the following Resolution: (RESOLUTION) WHEREAS, William Walsh, a hardy son of Ireland, first through service in the British Navy and later in the United States Navy came to Texas and to Austin in 1874 A.D. as a specialist in lime preparation for use of the United States in construction of Fort McKavett, Fort Clark and other forts in the El Paso area; and, WHEREAS, it fell to be our good fortune that the said William Walsh cast his lot among us and carved out a goodly farm along the banks of the Colorado River where he established his family before his labors were completed and he was laid to rest in this, his adopted homeland, at Mount Calvary Cemetery in 1908 A.D.; and, WHEREAS, through the passing years and the efforts of other pioneers a great body of good water sufficient to delight the sailor William Walsh has been impounded in the Colorado River Valley touching the shores so dear to him; and, WHEREAS, the City of Austin has been enabled to own a portion of this delightful waterfront through efforts of his son, Ed Walsh and other successors in interest to the said William Walsh; and, WHEREAS, among other uses to which said land may be put, it is the purpose of the City Council to provide a site at which members of the public may land and launch their boats for use on Lake Austin; and, WHEREAS, it is fitting that the name of said place shall commemorate the pioneer William Walsh; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the land acquired from the Estate of William Walsh, deceased, by the City of Austin upon the east bank of Lake Austin, be, and the same is hereby officially christened and designated as "William Walsh Landing", and the City Manager is authorized and directed to cause appropriate evidence of said designation to be prepared and permanently placed upon said land. CITY OF AUSTIN, TEXAS 581 581 The Mayor announced that the Chamber of Commerce under the administrations of Mr. Louis Goldberg and Mr. Kent Rider had been instrumental in promoting the acquisition of this property. , Councilman Pearson stated that some four or five years ago the Boy Scouts had leased the City some property for a boat landing site, and the site was being used extensively. The city was to put up a sign but to date it has not been placed there. The Mayor stated the Legal Department could work out the legal details and the Engineering Department could get the sign there. He suggested that the matter be looked into to see if there were any hazards or big responsibility. The Council recessed until 2:30 P.M. Recessed Meeting Councilman Palmer absent at this meeting. 2:30 Ρ.Μ. At 2:30 P.M. the Council resumed its business and pursuant to published notice thereof Public Hearing on the Budget was held. MR. AMOS HEROLD made inquiry of various parts of the budget. He stated the budget was inadequate on Civil Defense. MRS. BARROW made inquiry of the manner in which salaries were increased, and this was explained by the City Manager. The Council and City Manager answered Mr. Herold's questions. MR. VIC MATHIAS, Chamber of Commerce, was interested in the Budget's providing for a Manager of the Auditorium, and the airport manager. One inquiry was made about the T. B. Sanatorium. Present were the Department Heads, members from the Library Commission, and representation from the League of Women's Voters. The Mayor announced the hearing would be continued until 10:30 A.M. September 26th. 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 ESTABLISHING THE BOUNDARIES FOR VARIOUS ORIGINAL USE DISTRICTS AND HEIGHT AND AREA DISTRICTS IN AREAS ANNEXED TO THE CITY OF AUSTIN ON JUNE 6, 1957; ORDERING A CHANGE IN THE USE AND HEIGHT AND AREA MAPS SO AS TO RECORD SUCH DISTRICTS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. 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 Long, carried by the following vote: CITY OF AUSTIN, TEXAS 582582 Councilmen Long, Pearson, White, Mayor Miller Ayes: Noes: None Absent: Councilman Palmer 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 Long, carried by the following vote: Ayes: Noes: Councilmen Long, Pearson, White, Mayor Miller None Absent: Councilman Palmer The ordinance was read the third time and Councilman Pearson moved that the ordinance be finally passed. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Noes: Councilmen Long, Pearson, White, Mayor Miller None Absent: Councilman Palmer 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 FOLLOWING: (1) a. AN INTERIOR TRACT OF LAND OUT OF LOTS 5 AND 6, EVERGREEN HEIGHTS SUBDIVISION, HAVING A SIZE OF 155' x 160', CONTAINING 24,800 SQUARE FEET OF LAND, LOCALLY KNOWN AS THE REAR OF 1100-1120 SOUTH LAMAR BOULEVARD, FROM "GR" GENERAL RETAIL DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C-1" COMMERCIAL DISTRICT AND FIFTH HEIGHT AND AREA DISTRICT; AND b. AN INTERIOR TRACT OF LAND OUT OF LOTS 5 AND 6, EVERGREEN HEIGHTS SUBDIVISION, HAVING A SIZE OF 40' x 60' AND CONTAINING 2,400 SQUARE FEET OF LAND, LOCALLY KNOWN AS 1100-1120 SOUTH LAMAR BOULEVARD, FROM "GR" GENERAL RETAIL DISTRICT AND FIRST HEIGHT AND AREA DISTRICT TO "C-2" COMMERCIAL DISTRICT AND FIFTH HEIGHT AND AREA DISTRICT; (2) LOTS 7 THROUGH 12, BLOCK D, OUTLOT 7, DIVISION Z, SHELLY HEIGHTS ADDITION, FROM"B" RESIDENCE DISTRICT TO "LR" LOCAL RETAIL DISTRICT; (3) SOUTH 150 FEET OF LOT 3 AND THE SOUTH 150 FEET OF THE WEST 10 FEET OF LOT 4, BLOCK M, RIDGETOP ADDITION, LOCALLY KNOWN AS 1014-1022 EAST 51ST STREET AND 5100-5102 INTERREGIONAL HIGHWAY, FROM "A" RESIDENCE DISTRICT TO "LR" LOCAL RETAIL DISTRICT; (4) .319 ACRE TRACT OF LAND FRONTING APPROXIMATELY 311 FEET ALONG THE NORTH RIGHT OF WAY LINE OF WEST 12TH STREET, LOCALLY KNOWN AS 2512-2522 WEST 12TH STREET, FROM "A" RESIDENCE DISTRICT TO "B" RESIDENCE DISTRICT; (5) 3.766 ACRES OF LAND FRONTING APPROXIMATELY 370 FEET ALONG THE CITY OF AUSTIN, TEXAS 583 583 SOUTH RIGHT OF WAY LINE OF KOENIG LANE AND APPROXIMATELY 166 FEET ALONG THE WEST RIGHT OF WAY LINE OF GROVER AVENUE, LOCALLY KNOWN AS 1203-1303 KOENIG LANE AND 5800-5808 GROVER AVENUE, FROM "A" RESIDENCE DISTRICT TO "C" COMMERCIAL DISTRICT; (6) a. PORTION OF LOT 13 OF THE H.A. AND J. G. FITZHUGH SUBDIVISION FRONTING APPROXIMATELY 417 FEET ALONG THE EAST RIGHT OF WAY LINE OF INTERREGIONAL HIGHWAY AND HAVING AN AVERAGE DEPTH OF 75 FEET, LOCALLY KNOWN AS 6901-6935 INTERREGIONAL HIGHWAY, FROM "C" COMMERCIAL DISTRICT AND SIXTH HEIGHT AND AREA DISTRICT TO "C" COMMERCIAL DISTRICT AND FIFTH HEIGHT AND AREA DISTRICT; b. 5617 SQUARE FEET OUT OF LOT 13 OF THE H. A. AND J. G. FITZHUGH SUBDIVISION, LOCALLY KNOWN AS 6909-6919 INTERREGIONAL HIGHWAY, FROM "C" COMMERCIAL DISTRICT TO "C-1" COMMERCIAL DISTRICT; c. 204 SQUARE FEET OUT OF LOT 13, H. A. AND J. G. FITZHUGH SUBDIVISION, LOCALLY KNOWN AS 6909-6919 INTERREGIONAL HIGHWAY, FROM "C" COMMERCIAL DISTRICT TO "C-2" COMMERCIAL DISTRICT; (7) a. AN INTERIOR TRACT OF LAND CONTAINING 23,316 SQUARE FEET, SAME BEING A PORTION OF A 3.817 ACRE TRACT OF LAND OUT OF THE GEORGE W. SPEAR LEAGUE SURVEY #7, LOCALLY KNOWN AS 5230-5240 BURNET ROAD, FROM "C" COMMERCIAL DISTRICT AND SIXTH HEIGHT AND AREA DISTRICT TO "C-1" COMMERCIAL DISTRICT AND FIFTH HEIGHT AND AREA DISTRICT; b. AN INTERIOR TRACT OF LAND CONTAINING 1320 SQUARE FEET, SAME BEING A PART OF A 3.817 ACRE TRACT OF LAND OUT OF THE GEORGE W. SPEAR LEAGUE #7, LOCALLY KNOWN AS 5230-5240 BURNET ROAD, FROM "C" COMMERCIAL DISTRICT AND SIXTH HEIGHT AND AREA DISTRICT TO "C-2" COMMERCIAL DISTRICT AND FIFTH HEIGHT AND AREA DISTRICT; ALL OF SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE AND HEIGHT AND AREA MAPS SO AS TO RECORD THE CHANGES HEREBY ORDERED; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Pearson moved that The the rule be suspended and the ordinance passed to its second reading. motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller Noes: None Absent: Councilman Palmer 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 Long, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller Noes: None Absent: Councilman Palmer The ordinance was read the third time and Councilman Pearson moved that the ordinance be finally passed. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Noes: Councilmen Long, Pearson, White, Mayor Miller None Absent: Councilman Palmer _ CITY OF AUSTIN, TEXAS 584 584 Mayor Miller announced that the ordinance had been finally passed. Councilman Pearson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on the 10th day of September, 1957, bids were received by the City of Austin for furnishing oils and greases, diesel fuel, naptha (Bulk Solvent B.T.) and kerosene to the City for the twelve months period beginning October 1, 1957; and, WHEREAS, the bids of Sinclair Refining Company in the sum of $115,424.81 for furnishing gasoline and in the sum of $8,025.58 for furnishing oils and greases were the lowest and best bids therefor; and, WHEREAS, the bid of Jack Ritter Oil Company in the sum of $6,360.00 was the lowest and best bid for furnishing diesel fuel; and, WHEREAS the bid of Magnolia Petroleum Company in the sum of $990.00 was the lowest and best bid for furnishing naptha (Bulk Solvent B.T.); and, WHEREAS, the bid of Gulf Oil Corporation in the sum of $4,200.00 was the lowest and best bid for furnishing kerosene; and, WHEREAS, the acceptance of the above bids has been recommended by the Purchasing Agent 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 said bids of Sinclair Refining Company, Jack Ritter Oil Company, Magnolia Petroleum Company and Gulf Oil Corporation be and the same are hereby accepted, and W. T. Williams, Jr., City Manager, is hereby authorized to enter into contracts with said parties for the purchase of gasoline, oils and greases, diesel fuel, naptha and kerosene, for the twelve months period beginning October 1, 1957. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller Noes: None Absent: Councilman Palmer Councilman Pearson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on September 9, 1957, the City of Austin received bids for furnishing chlorine for its water filtration plants; and, WHEREAS, an evaluation of the bids received for such material shows the bid of Alamo Welding Supply Company in the sum of $382.50 for 3000 pounds chlorine in 150 pound cylinders was the best bid therefor; and, _ CITY OF AUSTIN, TEXAS 585 585 WHEREAS, the bid of Diamond Alkali Company in the sum of $13,580.00 was, upon evaluation thereof, considered to be the best bid for the furnishing of 280,000 pounds chlorine in 1-ton containers; and, WHEREAS, the acceptance of such bids has been recommended by the Purchasing Agent 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 said bids of Alamo Welding Supply Company in the sum of $382.50 for 3000 pounds chlorine in 150 pound cylinders, and of Diamond Alkali Company in the sum of $13,580.00 for 280,000 pounds of chlorine in 1-ton containers, be and the same are hereby accepted, and W. T. Williams, Jr., City Manager, is hereby authorized and directed to execute contracts on behalf of the City of Austin with Alamo Welding Supply Company and Diamond Alkali Company. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Pearson, White, Mayor Miller Noes: Councilman Long Absent: Councilman Palmer Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, The Sheriff of Travis County, Texas did, by Deed dated August 8, 1895, recorded in Volume 110, page 493 of the Deed Records of Travis County, Texas, convey the hereinafter described property to the City of Austin for taxes and, WHEREAS, the City of Austin never took possession of such property under said deed, and does not have nor claim any interest in said property; and, WHEREAS, Thomas S. Sutherland, Jr., and wife, Lois H. Sutherland, the owners of such property, have requested the City of Austin to quitclaim all interest in such property to them in order to prevent difficulties hereafter; 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 quitclaim deed to Thomas "S. Sutherland, Jr. and wife, Lois H. Sutherland, covering the following described land, to wit: Lot Six (6), in Block Two (2), in the Grooms Addition, according to the map or plat of said addition, recorded in Volume 1, page 36 of the Plat Records of Travis County, Texas, together with all improvements thereon situated. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Noes: Councilmen Long, Pearson, White, Mayor Miller None Absent: Councilman Palmer 581 586 CITY OF AUSTIN, TEXAS Mayor Miller introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH C. & D. DEVELOPERS, INC.; PROVIDING FOR THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Long moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller None Noes: Absent: Councilman Palmer 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 Pearson, carried by the following vote: Ayes: Noes: Councilmen Long, Pearson, White, Mayor Miller None Absent: Councilman Palmer The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller Noes: None Absent: Councilman Palmer The Mayor announced that the ordinance had been finally passed. Mayor Miller introduced the following ordinance: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH CASA MONTE COMPANY; PROVIDING FOR THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Long 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: Noes: Councilmen Long, Pearson, White, Mayor Miller None Absent: Councilman Palmer 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 Pearson, carried by the following vote: Ayes: Noes: CITY OF AUSTIN, TEXAS Councilmen Long, Pearson, White, Mayor Miller None Absent: Councilman Palmer 587 587 The ordinance was read the third time and Councilman Long moved that the ordinance be finally passed. The motion, seconded by Councilman Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller Noes: None Absent: Councilman Palmer 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 as a filling station site the property located at the northeast corner of the intersection of North Interregional and Atkinson Road, which property fronts 112 feet on North Interregional Highway and 113 feet on Atkinson Road, and being a part of the unplatted portion of the James P. Wallace Survey in the City of Austin, Travis County, Texas, and hereby authorizes the said Skyview Hotel Incorporated 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 Skyview Hotel Incorporated has failed and refused and will continue to fail and refuse to perform any such conditions, regulations, and ordinance. (Recommendations attached) "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "September 19, 1957 "We, the undersigned, have considered the application of Skyview Hotel Incorporated 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 North Interregional and Atkinson Road, which property fronts 112 feet on North Interregional Highway and 113 feet on Atkinson Road, and being a part of CITY OF AUSTIN, TEXAS 588 588 the unplatted portion of the James P. Wallace Survey in the City of Austin, Travis County, Texas. The property upon which this filling station is to be located is owned by Skyview Hotel Incorporated and is to be leased to the Texas Company. We hereby advise that the following conditions exist. "The property upon which this filling station is to be located is designated as "C" Commercial Use District upon the zoning maps of the City of Austin. "All drainage, natural or otherwise from this filling station is to be disposed of in such a manner that such drainage will not flow across the sidewalk area into the street, and furthermore, shall not create a nuisance to others in the neighborhood. 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 Skyview Hotel Incorporated 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 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 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 2H 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 1530. "(6) Expansion joints shall be constructed as shown upon the plan, hereto attached, marked 2 H - 1530 and shall be of the premoulded type. - CITY OF AUSTIN, TEXAS 584 589 "(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 Pearson, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller Noes: None Absent: Councilman Palmer 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 west side of Lamar Boulevard as a private gasoline plant consisting of a 1000 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 Simmons Motor Company, and is south 50 feet of Lots 3-4-5-6, Block 1, Silliman Subdivision, of the City of Austin, Travis County, Texas, and hereby authorizes the said Simmons Motor Company to operate a private gasoline plant consisting of a 1000 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 andoccupancy 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 Simmons Motor Company has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendations attached) "Austin, Texas September 18, 1957 "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "I, the undersigned, have considered the application of Simmons Motor Company CITY OF AUSTIN, TEXAS 540 590 for permission to operate a private gasoline plant consisting of a 1000 gallon underground tank and 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 west side of Lamar Boulevard, which property is south 50 feet of Lots 3-4-5-6, Block 1, Silliman Subdivision in the City of Austin, Travis County, Texas, and locally known as 1108 Lamar Boulevard. "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 Pearson, carried by the following vote: Ayes: Noes: Councilmen Long, Pearson, White, Mayor Miller None Absent: Councilman Palmer Councilman Pearson offered the following resolution and moved its adoptiont (RESOLUTION) WHEREAS, the City Council has heretofore on March 23, 1950 adopted a Resolution designating proposed thoroughfares and boulevards for the growth and development of the City of Austin and for the preservation of health, safety, and general welfare of the City of Austin and its inhabitants; and, WHEREAS, since said time due to rapid growth and development of the City it has become apparent that commercial development of land lying west of Cameron Road between East 51st Street and the Elgin Highway has created an imperative need to include said portion of Cameron Road among those previously designated thoroughfares; Now, Therefore, CITY OF AUSTIN, TEXAS 591 591 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That said portion of Cameron Road be designated as follows: Thoroughfare No. 19 ("Cameron Road") Proposed Width: 80 feet Beginning on Cameron Road at East 51st Street; Thence in a northerly direction paralleling the east right-of-way line of Cameron Road to its intersection with the Elgin Highway. AND BE IT FURTHER RESOLVED: I. That, with respect to the development of subdivisions and other property traversed by or lying adjacent to or adjoining the proposed thoroughfare the City Council hereby adopts the following policies as a guide for the City Plan Commission, all officers and employees of the City of Austin, and for citizens proposing to improve and develop property affecting or affected by said thoroughfare and connections: (1) Before any subdivision plat or plan may be approved, either by the City Plan Commission or the City Council, provisions shall be made by the subdivider: (a) For the thoroughfare and connections traversing or adjoining any such subdivision in accordance with the designated thoroughfare and connections approved by this Resolution; and (b) For building lines along such thoroughfare, for all structures, of not less than twenty-five (25) feet from the west property line of such proposed thoroughfare and connections. (2) No building permit for the construction or structural alteration of any building or other structure, situated or to be situated within the limits of such thoroughfare, or within twenty-five (25) feet of the west property line of such proposed thoroughfare and connections, shall be issued by the Building Inspector until the City Council shall have had notice of application for such permit and an opportunity to take such action as may be necessary to enable the applicant to comply with the rules prescribed for subdividers in paragraphs I, (1) (a) and (b) above. II. That nothing in this Resolution, or the plans adopted under its provisions, shall preclude the City Council from making such alterations, amendments, additions, and changes in the location and course of the proposed thoroughfare and connections as may appear to the City Council proper and expedient from time to time in the future; and it is the intent of the City Council, in adopting this thoroughfare plan and policy in connection therewith, to furnish guidance and assistance to both officials and property owners in the improvement and development of lands that may affect or be affected by completion of the designated thoroughfare and connections in the locations and along the course indicated by this Resolution; CITY OF AUSTIN, TEXAS 592 592 III. That the City Council hereby declares its intention, as the location and course of the proposed thoroughfare and connections are finally established or as such thoroughfare and connections are developed, to enact ordinances, or amendments to existing ordinances, necessary to establish rules of law for the enforcement of policies adopted by this Resolution, with respect to the established or developed portions of such thoroughfare and connections. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller Noes: None Absent: Councilman Palmer The Council received notice that a petition asking that Lots 2,3,4,5 and part of Lot 1, Block 29, Christian and Fellman Addition (2103-09 Oldham Street) be returned to its former zoning status, had been filed and referred to the Planning Commission. The City Manager stated the seal coating program had very dusty results, and the reduction of speed of cars right after the coating was laid, would reduce the dust somewhat. He stated signs would be placed that the street was under construction, but it might be necessary to have enforcement of the speed limit, and he stated it would be necessary to have a resolution declaring the need for the 20 mile limit. Councilman Pearson moved that the City Manager be given the authority to regulate speed limits on certain streets being treated by seal-coat. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen Long, Pearson, White, Mayor Miller Noes: None Absent: Councilman Palmer There being no further business the Council adjourned at 6:00 P.M. subject to the call of the Mayor. ATTEST: City Clerk APPROVED Jammull Mayor