=CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting September 24, 1959 10:00 Α.Μ. Council Chamber, City Hall 801 801 The meeting was called to order with Mayor Miller presiding. Roll call: Present: Councilmen Bechtol, Palmer, White, Mayor Miller Absent: Councilman Perry Present also: W. T. Williams, Jr., City Manager; Doren R. Eskew, City Attorney; Reuben Rountree, Jr., Director of Public Works; Robert A. Miles, Chief of Police Invocation was delivered by RABBI CHARLES MINTZ, Temple Beth Israel, 3901 Seiders. Councilman White moved that the Minutes of the Meeting of September 17, 1959, and of the Special Meeting of September 22, 1959, be approved. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry MR. LOUIS GAGE appeared before the Council stating he had been trying to get the creek below him opened for about a year and a half. When the Capitol Plaza Center above him finished paving their area, and should another big rain come, he did not know what would happen to his center (Cameron Village) when all the water came rushing down. When the water gets down to the bridge, there is no place for it to go. The Mayor recalled that there was an easement to be obtained, and stated that if the matter could not be worked out within the next few days, that legal proceedings be started. The City Attorney stated that the damage to Mr. Gage was from water which had not reached the creek, but was on its way to the creek. Mr. Gage inquired about the plans for draining the area above him. The Director of Public Works stated the last plans of drainage will come before his Department for approval, but as he understood it now, work was still being done. Mr. Gage stated if the City would get the creek open down below him, it would help. CITY OF AUSTIN. TEXAS: 802 802 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) THE NORTH 48 FEET OF LOTS 9 AND 10, BLOCK 13, F. B. FOSTER SUBDIVISION, LOCALLY KNOWN AS 1199 COLETO STREET AND 2201-2203 EAST 12TH STREET, FROM "A" RESIDENCE DISTRICT TO "B" RESIDENCE DISTRICT; (2) LOT 1, BLOCK 3, OF THE SUNRISE ADDITION, FROM "A" RESIDENCE DISTRICT TO "O" OFFICE DISTRICT; (3) LOT 18, LOUIS HORST SUBDIVISION, FROM "B" RESIDENCE DISTRICT TO "O" OFFICE DISTRICT; (4) AN IRREGULAR SHAPED TRACT OF LAND FRONTING APPROXIMATELY 345 FEET ON THE EAST RIGHT OF WAY LINE OF SOUTH 5TH STREET, LOCALLY KNOWN AS 2205-2303 SOUTH 5TH STREET (811 WEST LIVE OAK), FROM "A" RESIDENCE DISTRICT TO "LR" LOCAL RETAIL DISTRICT; (5) ONE LOT FRONTING APPROXIMATELY 96 FEET ON THE EAST RIGHT OF WAY LINE OF SOUTH FIRST STREET, LOCALLY KNOWN AS 2209-2211 SOUTH FIRST STREET, FROM "C" COMMERCIAL DISTRICT TO "C-1" COMMERCIAL DISTRICT; AND, (6) ONE LOT FRONTING 50 FEET ON THE EAST RIGHT OF WAY LINE OF MONTOPOLIS DRIVE, LOCALLY KNOWN AS 909 MONTOPOLIS DRIVE, FROM "A" RESIDENCE DISTRICT TO "GR" GENERAL RETAIL DISTRICT; ALL OF THE ABOVE DESCRIBED PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE 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 Palmer moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the second time and Councilman Palmer moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry = CITY OF AUSTIN, TEXAS 803 803 The ordinance was read the third time and Councilman Palmer moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Councilmen Bechtol, Palmer, White, Mayor Miller Ayes: Noes: None Absent: Councilman Perry 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 "C" COMMERCIAL DISTRICT TO "C-1" COMMERCIAL DISTRICT ON LOT 1 AND THE WEST 40 FEET OF LOT 2, BLOCK 1, IDEAL PLACE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; ORDERING A CHANGE IN THE USE MAPS SO AS TO RECORD SUCH CHANGE; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Palmer moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the second time and Councilman Palmer moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The ordinance was read the third time and Councilman Palmer moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 804 804 The Mayor read the report from the Tax Equalization Board, and the Council received it and ordered it filed. The report is as follows: "September 23, 1959 "City Council of the City of Austin Municipal Building Austin, Texas "Dear Council Members: "In conformity with the provisions of the Charter of the City of Austin, the Board of Equalization, appointed by you, herewith submits its report to the City Council after completion of the Board's work on the tax rolls of the City for the year 1959, except for the School Districts outside the city limits. "The Board of Equalization met for business on July 13, 1959. Our meetings have always begun on time with every Board member present. Approximately 467 protests covering 1050 tax items were heard by the Board. Adjustments were made where, in the opinion of the Board, such changes were necessary to properly evaluate the property and conform to the policy of seeing that all tax assessments were uniform and equal as provided by law. "During the entire session we have enjoyed the splendid cooperation of the members of the Tax Department. In our opinion, the City has an efficient and well organized Tax Department, so vital to the interests of all citizens, and often so little appreciated. "The majority appearing before the Board came with the expectation of receiving tax reductions. In a friendly manner they were told of the increasing demands of our rapidly growing city and that all must be equally taxed on the basis of their holdings. While some were justified in seeking reductions, others requested individual reductions which had no merit and could not be granted. Usually explanations were taken in good spirit and they departed feeling that justice and equalization in all tax matters is the proper policy to pursue. "The Board of Equalization, having completed its work, stands adjourned subject to the call of the City Council to render any assistance the Council may desire. "Respectfully submitted, (Sgd) L. Theo Bellmont (Sgd) Harry D. Pruett (Sgd) Carl B. Sterzing" Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the Board of Equalization of the City of Austin has certified its approval of the tax assessment rolls and records of the City of Austin for the year 1959, and has forwarded the same to the City Council; and, WHEREAS, said tax assessment rolls appear in all respects to be in correct form and prior to their submission the valuations of property shown in said rolls have been examined and corrected in the manner provided by law _ CITY OF AUSTIN, TEXAS- 805 805 and ordinances of the City of Austin by the Board of Equalization; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That subject to such adjustments as may be found necessary by reason of appeals pending, the tax assessment roll, showing a total amount of $484,407,340.00 valuation for said year, be and the same is hereby approved and adopted. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry Mayor Miller introduced the following ordinance: AN ORDINANCE FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE CITY OF AUSTIN, TEXAS FOR THE YEAR 1959, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED; DIRECTING THE ASSESSMENT AND COLLECTION THEREOF; 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. 806 806 =CITY OF AUSTIN, TEXAS Councilman Palmer 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 a Power Line Crossing Agreement between the City of Austin and Texas and New Orleans Railroad Company, for the installation of a 7200 volt (7.2 K.V.) distribution line to cross said Railroad Company property and over its Hempstead to Austin main tract at a point 442 feet Southwest of Mile Post 104 (Μ.Ρ. 104.08). The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry Mayor Miller introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 570718-G; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Palmer 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 Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the second time and Councilman Palmer 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: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The ordinance was read the third time and Councilman Palmer moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry 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 WESTERN TRAILS, INCORPORATED; PROVIDING FOR THE CITY OF AUSTIN, TEXAS 807 807 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 Palmer moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the second time and Councilman Palmer 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: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The ordinance was read the third time and Councilman Palmer moved that the ordinance be finally passed. The motion, seconded by Councilman White, carried by the following vote: Councilmen Bechtol, Palmer, White, Mayor Miller Ayes: Noes: None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. Councilman Palmer 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 Briarcliff Boulevard and Westminster Drive which property fronts approximately 25 feet on Briarcliff Boulevard and approximately 138 feet on Westminster Drive, being known as a portion of Block C of Gaston Place in the City of Austin, Travis County, Texas, and hereby authorizes the said Walter Bohn 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 Walter Bohn has failed and refused and will continue to fail and refuse to perform any such conditions, regulations, and ordinances. (Recommendations attached) "September 24, 1959 801 CITY OF AUSTIN, TEXAS 808 "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "We, the undersigned, have considered the application of Walter Bohn 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 Briarcliff Boulevard and Westminster Drive which property fronts approximately 25 feet on Briarcliff Boulevard and approximately 138 feet on Westminster Drive, being known as a portion of Block C of Gaston Place in the City of Austin, Travis County, Texas, and the property upon which this filling station is to be located is owned by Walter Bohn and is under lease to Calhoun-Smith Distribution Company. We hereby advise that the following conditions exist. "The property upon which this filling station is to be located is designated as "General Retail" 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 Walter Bohn 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 gradessof 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 _ CITY OF AUSTIN, TEXAS 804 809 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-1.46. "(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 Work file number 2 H 1671. "(6) Expansion joints shall be constructed as shown upon the plan, hereto attached, marked 2- 1671 and shall be of the premoulded 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: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry Councilman Palmer 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 Gonzales Street as a private gasoline plant consisting of a 6000 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 H. F. Severn, Jr., and is part of R. T. Davis 1.09 acre tract (unplatted), of the City of Austin, Travis County, Texas, and hereby authorizes the said A & A Transport, by H. F. Severn, Jr., to operate a private gasoline plant consisting of a 6000 gallon tank and electric pump for the sole purpose of servicing their own motor equipment, and from which no gasoline is to be sold, subject to the same being operated in compliance with all the ordinances relating thereto, and further subject to the foregoing attached recommendations; and the Building Inspector is hereby authorized to issue an occupancy permit for the operation of this private gasoline plant after full compliance with all the provisions of this resolution, and said permission shall be held to be granted, and accepted subject to all necessary, reasonable and proper, present and future regulations and ordinances of the City of Austin, Texas, in the enforcement of the proper police, traffic and fire regulations; and the right of revocation is retained if, after hearing, it is found by the City Council that the said A & A Transport, by H. F. Severn, Jr., has failed and refused, and will continue to fail and refuse to perform any such conditions, regulations and ordinances. 810 810 =CITY OF AUSTIN, TEXAS (Recommendations attached) "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Sir: "Austin, Texas September 23, 1959 "I, the undersigned, have considered the application of A & A Transport, by H. F. Severn, Jr., for permission to operate a private gasoline plant consisting of a 6000 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 south side of Gonzales Street, which property is designated as part of R. T. Davis 1.09 acre tract (unplatted), in the City of Austin, Travis County, Texas, and locally known as 4819 Gonzales Street. "This property is located in a "D" Industrial District and I recommend that this permit be granted subject to the following conditions: "(1) That the gasoline tanks and pumps shall be of an approved type and shall bear the label of the Underwriters Laboratories, Inc., and that all tanks and pumps shall be installed in compliance with the Ordinance governing the storage and handling of gasoline. "(2) That all tanks and pumps shall be located not nearer than 10 feet to the property line and so located that cars stopped for the purpose of unloading or receiving gasoline or other supplies shall not in any way obstruct the free passage of traffic on either the sidewalk, street, or alley. "(3) That "No Smoking" signs shall at all times be prominently displayed and no person shall be permitted to smoke on the premises where gasoline is handled or stored. "(4) That all fees shall be paid and a permit secured from the Building Inspector's Office before any installation work is started, and that no equipment shall be placed in operation until after final inspection and approval of same. "Respectfully submitted, (Sgd) J. C. Eckert Building Inspector" The motion, seconded by Councilman White, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry Councilman Bechtol offered the following resolution and moved its adoption (RESOLUTION) WHEREAS, bids were received by the City of Austin on September 15, 1959, for the furnishing of two (2) 5,500 c.f.m. blower units for the Sewage Treatment Plant expansion; and, CITY OF AUSTIN. TEXAS 811 811 WHEREAS, the base bid of Sutorbilt Corporation in the amount of $37,818.00 was the lowest and best bid therefor; and the acceptance of such bid has been recommended by the City Manager of the City of Austin; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the base bid of Sutorbilt Corporation in the sum of $37,818.00 be and the same is hereby accepted, and W. T. Williams, Jr., City Manager of the City of Austin, is hereby authorized to enter into a contract on behalf of the City with Sutorbilt Corporation. The motion, seconded by Councilman Palmer, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry MR. O. B. McKOWN appeared before the Council regarding the discarded fire engine behind the old Guadalupe Station, for use of the Dripping Springs Volunteer Fire Department if the engine were to be junked, as the Dripping Springs Fire Department had a truck of the same make, and could use the parts of this one. The City Manager stated that the Austin Fire Department was using spare parts from this particular engine to fit in with other equipment that is old. Councilman Palmer stated that if the Engine were to be junked, that we let Mr. McKown know; but if the City can use it, it would have to keep it. The City Manager submitted a graph of blocks of paving completed and utilities cleared during the last 3 fiscal years, showing approximately 52 miles paved during this period. The Council recessed until 3:00 Ρ.Μ. RECESSED MEETING At 3:00 P.M. the Council resumed its business. 3:00 Ρ.Μ. Pursuant to published notice thereof, public hearing on skip paving was opened. The Director of Public Works of the City of Austin briefly described the improvements proposed to be constructed and briefly explained the method of apportionment of cost. The City Attorney stated that a Notice of the Hearing had been published in the Austin American and Statesman on the 12th and 14th of September, 1959, and in the American-Statesman on the 13th of September, 1959, and in the manner required by law. The Mayor asked if there were any parties present who desired to be heard on any matter in connection with the improvements under consideration, but there being no persons present who desired to be heard, the Mayor announced that the hearing was closed and directed the City Attorney to prepare an Ordinance incorporating the findings of the City Council. CITY OF AUSTIN. TEXAS 812 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY SEREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Shoal Creek Boulevard) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Councilmen Bechtol, Palmer, White, Mayor Miller Ayes: Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 813 813 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (West 35th Street) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 812 814 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROFERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Avenue H) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. = CITY OF AUSTIN, TEXAS 815 815 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Grover Avenue) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 816 816 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Cameron Road) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS ४17 817 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROFERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (West 49 1/2 Street) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 818 818 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Inglewood Street) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 8. $19 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Clarkson Avenue) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the second time and Councilman White moved that the rule be suspended and the ordinance passed to its third reading. motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 820 820 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Glendale Place) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 82/ 821 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Allandale Road) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS- 822 822 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Merle Drive) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. -CITY OF AUSTIN, TEXAS 823 823 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Lazy Lane) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS: 824 824 Mayor Miller introduced the following ordinance: AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SUNDRY STREETS IN THE CITY OF AUSTIN, TEXAS, WITHIN THE LIMITS HEREINAFTER DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREFOR; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENETITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREETS WITHIN THE LIMITS DEFINED, FIXING A CHARGE AND LIEN AGAINST ALL SAID ABUTTING PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE. (Scenic Drive) 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry 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 Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The ordinance was read the third time and Councilman White moved that the ordinance be finally passed. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS 825 825 The City Manager submitted the following: "To: W. T. Williams, Jr. "September 17, 1959 Subject: Change Orders - Holly Street Power Station Insulation, Refractory and Labor "Early in 1958 the City took bids on a 8000,000 lb/hr boiler to be installed in the new Power Plant. Combustion Engineering, Inc. was the low bid of $1,680,291.00 for all materials. This quotation included complete erection of insulation and refractory setting. Boiler Erection quotation was $439,015.00. All quotations have an esculation ceiling of 20%. "The specifications and contract for the construction and erection of the Power Plant was contracted to H. B. Zachry Co. in the spring of 1959. These specifications included the take out price of $390,366.00 for the erection of the boiler plus the labor for the insulation and refractory setting. This take out price was less than Combustion Engineering, Inc. of $439,015.00 and the H. B. Zachry Co. was awarded the boiler erection. Combustion Engineering, Inc. have agreed to delete from their material contract price of $1,680,291.00 for the insulation and refraction setting materials $44,477.00 and $105,050.00 for the labor to install the insulation and refractory setting, making a total of $149,527.00 "H. B. Zachry Company agrees to furnish the materials, insulation and refractory setting for a lump sum of $43,340.00 plus the labor. The labor to install this material is included in the contract boiler price of $390,366.00 mentioned above. Also, in the boiler take out price of H. B. Zachry Company there is included $68,719.00 to install the boiler insulation and refractory material. This figure compares with the labor figure of Combustion of $105,050.00. "During the final design of the boiler the Combustion Engineering, Inc. changed the original design on sloping floor of the furnace to use 3½ inch block in place of 4 inch blanket as specified, which will require an additional labor figure of $1,483.50. In recapping these figures we can take a credit on Combustion Engineering contract for the sum of $149,527.00 and will increase the H. B. Zachry contract by $44,823.50. When we add this $44,823.00 to the H. B. Zachry take out labor price of $68,719.00 (shown in attached letter) to install insulation and refractory, we will have a net reduction in the contract of $35,985.50. "Attached are copies of letters covering the additions and deductions to complete your file. "I recommend that we take advantage of these savings by approving attached change orders. "From: D.C. Kinney, Director Electric Utility" The City Manager explained a change order in the contracts for the Holly Street Power Station for insulation, refractory and labor, stating that if the labor and materials required for installation of the boiler for the new power plant were deducted from COMBUSTION ENGINEERING, INC., and added to Н. В. CITY OF AUSTIN, TEXAS 836 826 ZACHRY COMPANY'S contract, $35,984.50 could be saved. Councilman Bechtol moved that these change orders be authorized. The motion, seconded by Councilman White, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry The City Manager submitted the following: "September 15, 1959 "To Mr. Terrell Blodgett, Asst. City Manager "Subject: Bids for Chlorine Contract "Sealed bids were received at 10:00 A.M. Sept. 10, 1959 in my office. "(1) Bids for furnishing chlorine in one ton containers: "It is noted that Diamond Alkali Company, Frontier Chemical Company, Thompson-Hayward Chemical Company and Columbia Southern Chemical Company all bid $0.0473 per lb. f.o.b. Austin. The only other bid received for this item was from Alamo Welding Supply Company and this bid is high at $0.0485 per lb. The quality of chlorine offered by all bidders meets our specification. We have no reason to believe that the service offered by the low bidders will not also be about the same. "It is also noted that of the bidders who bid $0.0473, Diamond Alkali Company and Thompson-Hayward Chemical Company state that if there should be a price reduction or a reduction in freight rates, such reduction would accrue to our benefit. The Frontier Chemical Company and the Columbia Southern Chemical Company bids do not show where a price reduction would accrue to our benefit. "Of the above Bidders, Diamond Alkali Company, Frontier Chemical Company propose to make delivery in company owned and operated truck. Thompson-Hayward Chemical Company and Columbia Southern Chemical Company propose to make delivery via Brown Express. Brown Express operates a local terminal and employs some local help. "(2) Bids for furnishing chlorine in 150 lb. cylinders: "It is noted that all bids for this item are the same at $0.11 per lb. Alamo Welding Supply Company is a local firm and in the past they have given us the benefit of a price reduction. ....." ....... "O.G. Brush, Purchasing Agent" The Assistant City Manager explained the bids received for furnishing chlorine, (1) in 150 pound eylinders and (2) in one ton containers. He stated identical bids had been received for the 150 pound cylinders, and that ALAMO WELDING SUPPLY COMPANY was a local firm. Councilman Bechtol moved that the contract be awarded to ALAMO WELDING SUPPLY COMPANY for furnishing chlorine in individual cylinders. (150 pound cylinders) The motion, seconded by Councilman 827 827 CITY OF AUSTIN, TEXAS White, carried by the following vote: Councilmen Bechtol, Palmer, White, Mayor Miller Ayes: Noes: None Absent: Councilman Perry The Assistant City Manager pointed out advantages of considering DIAMOND ALKALI COMPANY and THOMPSON-HAYWARD CHEMICAL COMPANY as best bidders for furnishing chlorine in one ton containers. After a drawing was held, Councilman Bechtol moved that the DIAMOND ALKALI COMPANY be designated as the supplier of one-ton units of chlorine. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry The Assistant City Manager submitted the request of the BEN HUR SHRINE to hang three banners, one at 19th and Guadalupe, one at 7th and Congress, and the other at First and Congress; and for permission to have a ticket booth by the Austin Hotel, (closing out two parking meters) for a period from September 27th to October 31st. He stated the time limit for these booths had been three weeks in other cases. He submitted the request of the TRAVIS COUNTY T.B. ASSOCIATION for a booth and banners. Councilman Palmer moved that the SHRINE and T.B. ASSOCIATION be granted the requested permission, subject to the approval of the Austin Hotel on the booths, and the time limit on the booths be decided later. The motion, seconded by Councilman White, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry Councilman Bechtol suggested that a study be made of making a charge for the lost parking-meter time when these booths were being used. Councilman Bechtol moved that the Council wholeheartedly support the Mayor in his action in the appointment of MRS. CLAUDE HILL, as UNITED NATIONS DAY Chairman. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White Noes: None Absent: Councilman Perry Present but not voting: Mayor Miller Councilman White moved that MR. DAVE CHEAVENS be appointed as a member of the Library Commission to fill the unexpired term of MRS. ESTHER BUFFLER, resigned. The motion, seconded by Councilman Bechtol, carried by the following vote: Councilmen Bechtol, Palmer, White, Mayor Miller Ayes: Noes: None Absent: Councilman Perry CITY OF AUSTIN, TEXAS 828 828 Councilman Bechtol moved that they authorize the exchange of 2974 square feet of land which the city owns, being a strip approximately 16 feet wide and approximately 184 feet long, for the right-of-way which the city needs from MR. WINKLEY, for Ben White Boulevard, with no cash consideration. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the City Council of the City of Austin has found that public necessity requires the creation of an East West thoroughfare to connect the Lockhart and Bastrop Highways with the Fredericksburg Road to provide for the free and safe flow of traffic between such highways and intersecting streets within the City of Austin; and, WHEREAS, the City Council has found and determined that public necessity requires the acquisition of the hereinafter described tract of land for right of way to permit the creation and construction of said East to be known as Ben White Boulevard; and, - West thoroughfare, WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash makket value thereof; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to file or cause to be filed against the owners and lienholders, a suit in eminent domain to acquire feetsimple title for said purposes to the following described tract of land: Thirty-two (32) square feet of land, same being out of and a part of Lot 5, Block 2 of Banister Acres, a subdivision of a portion of the Isaac Decker League in the City of Austin, Travis County, Texas, according to a map or plat of said Banister Acres of record in Book 4, at page 178 of the Plat Records of Travis County, Texas, which was conveyed to Henry J. Sasse et ux Doris Ruth Sasse by Warranty Deed dated June 18, 1954, of record in Volume 1471 at page 76 of the Deed Records of Travis County, Texas, said thirtytwo (32) square feet of land being more particularly described by metes and bounds as follows: BEGINNING at an iron stake set in the west line of the said Lot 5 Block 2 of Banister Acres, same being in the proposed south line of Ben White Boulevard and from which point of beginning another iron stake at the southwest corner of the said Lot 5, Block 2 of Banister Acres bears S 30° 19' W 192.44 feet; WHENCE, with the west line of the said Lot 5, Block 2 of Banister Acres N 30° 19' E 5.86 feet to an iron stake at the northwest corner of the said Lot 5, Block 2 of Banister Acres, same being the south line of Fortview Road; _ CITY OF AUSTIN, TEXAS 829 829 THENCE, with the south line of Fortview Road S 59° 33' E 11.09 feet to an iron stake set in the proposed south line of Ben White Boulevard; THENCE, with the proposed south line of Ben White Boulevard N 87° 18' W 12.52 feet to the point of beginning. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the City Council of the City of Austin has found that public necessity requires the creation of an East West thoroughfare to connect the Lockhart and Bastrop Highways with the Fredericksburg Road to provide for the free and safe flow of traffic between such highways and intersecting streets within the City of Austin; and, WHEREAS, the City Council has found and determined that public necessity requires the acquisition of the hereinafter described tract of land for right of way to permit the creation and construction of said East West thoroughfare, to be known as Ben White Boulevard; and, WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to file or cause to be filed against the owners and lienholders, a suit in eminent domain to acquire fee simple title for said purposes to the following described tract of land: 0.068 of one acre of land, same being out of and a part of that certain portion of Lot 3 of Banister Heights a subdivision of a portion of the Isaac Decker League in the City of Austin, Travis County, Texas, according to a map or plat of said Banister Heights of record in Book 3 at page 256 of the Plat Records of Travis County, Texas, which was conveyed to Charlie A. Winkley by Warranty Deed Dated July 3, 1957 of record in Volume 1827 at Page 145 of the deed records of Travis County, Texas, said 0.068 of one acre of land being more particularly described by metes and bounds as follows: BEGINNING at an iron stake set in the east line of the said Charlie A. Winkley tract of land, same being in the proposed north line of the Ben White Boulevard, same being in the east line of the said Lot 3, of Banister Heights and from which point of beginning an iron stake at the northeast corner of the said Lot 3 of Banister Heights bears N 29° 44' E 184.73 feet; THENCE with the east line of the said Charlie A. Winkley tract of land _ CITY OF AUSTIN, TEXAS $30 830 S 29° 44' W 65.27 feet to an iron stake set in the southeast corner of the herein described tract of land, same being in the north line of Fort View Road, same being in the southeast corner of the said Lot 3 of Banister Heights; THENCE with the north line of Fort View Road same being the south line of the said Lot 3, of Banister Heights N 59° 33' W 60.00 feet to a point in the south-west corner of the herein described tract of land; THENCE with the west line of the herein described tract of land, same being the west line of the said Charlie A. Winkley tract of land N 29° 44' E 33.87 feet to an iron stake set in the northwest corner of the herein described tract of land same being in the proposed north line of Ben White Boulevard; THENCE with the proposed north line of Ben White Boulevard S 87° 18' E 67.39 feet to the point of beginning. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry Councilman White offered the following resolution and moved its adoption: (RESOLUTION) - WHEREAS, the City Council of the City of Austin has found that public necessity requires the creation of an East West thoroughfare to connect the Lockhart and Bastrop Highways with the Fredericksburg Road to provide for the free and safe flow of traffic between such highways and intersecting streets within the City of Austin; and, WHEREAS, the City Council has found and determined that public necessity requires the acquisition of the hereinafter described tract of land for right of way to permit the creation and construction of said East to be known as Ben White Boulevard; and, - West thoroughfare, WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to file or cause to be filed against the owners and lienholders, a suit in eminent domain to acquire fee simple title for said purposes to the following described tract of land: 0.225 of one acre of land, same being out of and a part of that certain tract of land out of the Isaac Decker League in the City of Austin, Travis County, Texas, which was conveyed to E. G. HESTILOW by Warranty Deed dated November 25, 1946 of record in Volume 825 at page 131 of the deed records of Travis County, Texas, said 0.225 of one acre of land being more particularly described by metes and bounds as follows: BEGINNING at a cross (x) cut at the point of intersection of the proposed CITY OF AUSTIN, TEXAS 831 831 south line of Ben White Boulevard with the east line of Banister Lane same being the west line of the said E. G. Hestilow tract of land; THENCE with the east line of Banister Lane N 30° 07' E 101.92 feet to a nail set at the northwest corner as fenced of the said E. G. Hestilow tract of Jand; THENCE with the north line as fenced of the said E. G. Hestilow tract of land S 59° 15' E 192.48 feet to an iron stake set in the proposed south line of Ben White Boulevard; THENCE with the proposed south line of Ben White Boulevard N 87° 18' W 216.89 feet to the point of beginning. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Noes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the City Council of the City of Austin has found that public necessity requires the creation of an East West thoroughfare to connect the Lockhart and Bastrop Highways with the Fredericksburg Road to provide for the free and safe flow of traffic between such highways and intersecting streets within the City of Austin; and, WHEREAS, the City Council has found and determined that public necessity requires the acquisition of the hereinafter described tract of land for right of way to permit the creation and construction of said East to be known as Ben White Boulevard; and, - West thoroughfare WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to file or cause to be filed against the owners and lienholders, a suit in eminent domain to acquire fee simple title for said purposes to the following described tract of land; 2,231 square feet of land out of that certain 0.22 of one acre tract of land, more or less, a portion of Block No. 11 of Fortview, a subdivision out of and a part of the Isaac Decker League Survey No. 20 in the City of Austin, Travis County, Texas, as shown on a map or plat recorded in Book Z, page 606 Travis County Deed Records conveyed by a warranty deed dated October 25, 1952, from E. M. Stevenson, et ux, Velma Stevenson to John C. King, et ux, Ruth R. King of =CITY OF AUSTIN, TEXAS 232 832 record in Book 1294, page 21, Travis County Deed Records, said 0.22 of one acre of land, more or less, being out of the northwest corner of that certain 3.73 acre tract of land being the west 247.43 feet of said Block 1l of Fortview conveyed by a warranty deed dated May 28, 1935, from Henry Radam, et ux, Adele Radam to Nora Todd, recorded in Book 523, page 322, Travis County Deed Records, said 2,231 square feet of land being more particularly described by metes and bounds as follows: BEGINNING at an iron stake set in the northeast corner of that certain 0.22 of one acre tract of land out of the northwest corner of that certain 2.74 acre tract a portion of Block 1l of Bortvieww a subdivision out of and a part of the Isaac Decker League Survey No. 20 in the City of Austin, Travis County, Texas, conveyed by a warranty deed dated December 15, 1948, to E. M. Stevenson et ux Velma Stevenson from Henry R. Todd et ux Bernyce Todd of record in Book 911 page 224 Travis County Deed Records said iron stake being in the north line of said Block 11 of Fortview from which an iron stake set in the most easterly southeast corner of the said 2.74 acre tract of land bears South 59° 38' East 124.11 feet and South 29° 46' West 258.05 feet; THENCE, with the east line of the John C. King et ux tract of land South 29° 50' West 26.31 feet to an iron stake set in the proposed south line of Ben White Boulevard from which an iron stake set in the southeast corner of the said 0.22 of one acre tract bears South 29° 50' West 50.65 feet; THENCE, with the proposed south line of Ben White Boulevard North 52° 23' West 124.17 feet to a cross (x) cut on a wall and being in the west line of Block ll of said Fortview from which an iron stake set in the northeast corner of Lot 8 of Block D of Placidena a subdivision of a portion of Block No. 10 of said Fortview as shown on a map or plat recorded in Plat Book 4 Page 244, Travis County Plat Records bears South 29° 46' West at 67.04 feet passing the southwest corner of the said 0.22 of one acre of land in all 117.04 feet; THENCE, with the west line of the John C. King et ux tract of land North 30° 06' East 9.96 feet to a point in the northwest corner of said Block 1l of Fortview; THENCE, with the north line of the said John C. King et ux 0.22 of one acre tract of land South 59° 57' East 122.98 feet to the place of beginning. The motion, seconded by Conncilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller None Absent: Councilman Perry Noes: The City Manager reviewed the bids for transformers for the new Power Plant, and the purchase of two from the low bidder, Westinghouse. He stated another transformer of like capacity was now needed, and that the Westinghouse Contract could be extended to include three instead of two at the old price that was quoted last year; and that prices had advanced since then 15%. He said at the time, the City had an option to buy the third transformer. After CITY OF AUSTIN. TEXAS 833 833 discussion, Councilman White moved that the contract with WESTINGHOUSE be extended to include the third transformer. The motion, seconded by Councilman Bechtol, carried by the following vote: Ayes: Councilmen Bechtol, Palmer, White, Mayor Miller Noes: None Absent: Councilman Perry There being no further business, the Council adjourned at 3:30 P.M., subject to the call of the Mayor. ATTEST: City Clerk by APPROVED Jom Milla. Mayor