CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting February 23, 1967 10:00 Α.Μ. Council Chamber, City Hall The meeting was called to order with Mayor Palmer presiding. Roll call: Present: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Absent: None 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 J. RALPH HESS, Institutional Chaplain, Mo. Synod Lutheran. Pursuant to published notice thereof the following zoning applications were publicly heard: CLARENCE L. BLAKEMORE 500 Park Boulevard 4209-4211 Duval Street From "B" Residence By John B. Selman 2nd Height & Area TO "LR" Local Retail 2nd Height & Area RECOMMENDED by the Planning Commission Mayor Palmer noted the applicants had filed a letter agreeing to provide adequate right of way. Mr. Selman said this was agreeable with the applicant. Councilman LaRue moved that the requested change be granted with the understanding the right of way would be made adequate in this area. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen LaRue, Shanks, White, Mayor Palmer Noes: None Present but not voting: Councilman Long Councilman Long disqualifying herself to vote on this, as she lived three or four blocks from this location on Park Boulevard. The Mayor announced that the change had been granted to "LR" Local Retail 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. February 23, 1967 =CITY OF AUSTIN, TEXAS 7901-7923 U.S. Highway 183 NELSON PUETT, JR. & RAYMOND RAMSEY By Arthur Pihlgren From Interim "A" Resi- dence 1st Height & Area To "C" Commercial 6th Height & Area RECOMMENDED by the Planning Commission Councilman White moved that the change to "C" Commercial 6th Height and Area be granted. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the change had been granted to "C" Commercial 6th Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. E. L. MILSTEAD ESTATE By Ed Fleming 1500-1506 Barton Springs Road 416-422 Jessie Street From "C" Commercial 2nd Height & Area Το "C-2" Commercial 2nd Height & Area RECOMMENDED by the Planning Commission Mr. Ed Fleming represented the applicants stating this property had been vacant for some time and has deteriorated. The tenant is remodeling it now. Mr. Fleming said the lot north of the masonry building is being paved to satisfy the parking requirements. The lot will be lighted, and signs installed directing the parking to this location. It was noted that MR. FRANK ANDERSON, MR. JERRY JACOBS, and MR. JAMES BALLARD favored this change. MR. JAMES NUSE, 406 Jessie Street, pointed out this site was on a 30' street, cars are parked on both sides of the street, the traffic is heavy, and the overflow parking from this night club will back up to his place. He was opposed to the change of zoning; but if proper parking were furnished, he would have no objections. The Chief of Plan Administration stated the applicants would have a short form subdivision to add this lot as a part of this development to meet parking requirements, and the applicants would be bound by this short form. MR. CARL SCHUELER, Pecan Grove Mobile Home Park, stated this Trailer Park was one Austin could be proud of and read a letter of commendation of his Mobile Home Park which had been awarded the highest rating for overnight service. He showed pictures of the existing body shop which has junk cars out on Jessie Street and on the curb; and no effort is made to make this a presentable place. He did not believe people would use the parking lot and walk past the junk yard to the lounge. After considerable discussion, Councilman White moved that the change be granted. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the change had been granted to "C-2" Commercial 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. : THEO P. MEYER, JR. By Herbert Smartt CITY OF AUSTIN, TEXAS February 23, 1967 4204-4212 Red River Street From "A" Residence To "0" Office RECOMMENDED by the Planning Commission "0" and "B" for W. 60' of subject property Mr. Herbert Smartt represented the applicant stating this application had been before the Zoning Board on one or two occasions, and the last time it was referred back to the Planning Commission for study. The area is a ½ acre tract north of 43rd Street, west of Hancock Shopping Center, and is not susceptible to "A" Residence development. Many zoning changes have occurred in the last two-three years. Mr. Smartt asked that the application be considered as it was requested and not with the split zoning. MR. MARVIN MARTIN expressed opposition for himself and neighbors, MRS. SAM A. BURNETTE, MRS. LILLY J. ZAKRISON and one more. They opposed anything that would take the property out of the residential zone. Councilman Shanks said he would think the opponents would prefer zoning the whole tract rather than splitting the zoning. MR. T. D. CARROLL, 800 Park Boulevard, stated a study was made, and they met with the zoning committee, and the only report made was by Mr. Doctorman as to whether or not it would be to Mr. Meyers' advantage to put office buildings or apartments there. Mr. Carroll contended this was spot zoning in a residential area. Anything coming west of Red River will be a breach which will devaluate their property. Councilman Shanks preferred "O" Office to "B" Residence zoning. Mr. Carroll preferred office buildings. Mayor Palmer stated zoning the whole tract would be better than leaving the west 60' "B" Residence. Mrs. Carroll inquired about a pending zoning on Caswell, and asked if the Meyer's zoning were granted, would the area remain residential; or when the "0" Office was granted would the other application be approved and so on. If the "O" Office is granted she preferred the whole area, so the building could be placed around the parking lot. The Mayor pointed out the highest and best use of Red River today is not residential. MR. THEO MEYER reported he had asked Mr. Doctorman who represented him in the real estate capacity, to start locating tenants and getting commitments and working out ground arrangements. He said it was his intention to build an office complex, as the return would be greater per dollar spent for office development than for apartments. After more discussion, Councilman White moved that the complete lot be zoned "0" Office as requested. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Shanks, White, Mayor Palmer Noes: None Present but not voting: Councilman Long Councilman Long disqualifying herself as she lived in the neighborhood. The Mayor announced that the change had been granted to "0" Office and the City Attorney was instructed to draw the necessary ordinance to cover. C. M. DOWD 8550-8634 U.S. Highway 183 1701-1725 Ohlen Road From Interim "A" Resi- dence 1st Height & Area To "GR" General Retail 5th Height & Area RECOMMENDED by the Planning Commission CITY OF AUSTIN, TEXAS February 23, 1967 Mr. Carlos Munex, 8513 developed. It was stated Mr. subdivision underway, and the discussion, Councilman Shanks moved that the request be granted. The motion, seconded by Councilman White, carried by the following vote: Cantor Drive, was interested in what was to be Dowd had told the Commission, he had a short form zoning is for some future development. After brief Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the change had been granted to "GR" General Retail 5th Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. : P.R.P. BUILDING CORPORATION By Ronald Zent 2803-2817 0ldham Street 801-821. Comanche Street 2708-2816 Swisher Street Additional Area 2700-2706 Swisher Street 800-820 Wahrenberger Street 2701-2801 Oldham Street From "A" Residence and "0" Office 1st Height and Area To "O" Office 2nd Height & Area RECOMMENDED by the Planning Commission Mr. Ronald Zent represented the applicants, stating arrangements for rerouting a storm sewer had been made, a short form subdivision has been approved by all departments, and they are now working on the paving petition. One corner will have doctors' offices and the rest of the area will be apartments. The Chief of Plan Administration stated the short form subdivision was required to establish a 25' set back on the corner of Oldham and Comanche. The additional area included is "B" Residence 2nd Height and Area; and to make the whole block uniform, the Commission recommended the additional area be zoned "0" Office. Mr. Zent stated representatives of St. Davids Hospital were concerned about those living in River Oaks Apartments cutting through St. Davids' parking lot. MR. ROBERT LLOYD, St. Davids Hospital, said the Hospital was not opposed to any present development in the area to the rear of the hospital. He called attention to parking and traffic. The applicants want to build 70 apartments with 101 parking spaces. Generally in the University area, several students rent one apartment, and at least three cars would need space. St. Davids Hospital cautioned when River Oaks Apartments were approved, that sufficient parking spaces be allowed. Mr. Zent's project will present a parking problem and he asked that extreme caution be used in planning for the proper number of parking spaces necessary for these apartments. Mr. Zent's suggestion that St. Davids install a barricade to the parking lot means the inconvenience of the visitors' or doctors' having a card or coin to enter the parking lot. They did not want a barricade of any kind to make it inconvenient to the doctors entering from the south. Occupants desiring to go north will cut through the hospital property to get on 32nd Street to go north on the Interregional. Mention was made of bringing 30th Street into the apartment complex area. That would be fine for egress to the south. Those going north would still use the hospital cut-through. Much 30 mile an hour traffic comes through the hospital grounds, trying to escape the 32nd and Red River light. These conditions will be multiplied tremendously if this apartment complex is permitted. Mayor Palmer pointed out the University intends to buy all the way to Wahrenberger and that 25th Street will be a 120' thoroughfare from the Interregional to Guadalupe Street. He stated this would occur in the near future. After discussion, Councilman Long moved to accept the recommendation of the Planning Commission. The motion, seconded by Councilman White, carried by the following vote: February 23, 1967 -CITY OF AUSTIN, TEXAS Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the change had been granted to "0" Office 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. LAURA MCCALEB 707 West 32nd Street 3113-3117 King Lane From "BB" Residence 1st Height & Area To "B" Residence 2nd Height & Area NOT Recommended by the Planning Commission Mrs. McCaleb representing herself stated some resident-owners in this neighborhood remained in their homes, which are becoming delapidated and then the owners turn them into rooming houses or tear them down for parking lots, other home owners modernize their homes and they compare well with the new apartments. She wanted her property rezoned to make improvements. Councilman Long moved that the zoning be granted "B" Residence 2nd Height and Area. motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The The Mayor announced that the change had been granted to "B" Residence 2nd Height and Area and the CityAttorney was instructed to draw the necessary ordinance to cover. ROBERT L. OGDEN 505 Hearn Street From "A" Residence To "GR" General Retail NOT Recommended by the Planning Commission MR. OGDEN represented himself, stating this house was just off Lake Austin Boulevard. He was unable to rent it profitably. Part of the property directly across the street is used for commercial--the garage portion. Two little cabins across the street rent for $5.00 a week. No one signed a petition which was circulated in the block to oppose this zoning. The petitioner, quite well removed from this location, seemed to be the only one in opposition. He described the area, noting the University owned most of the frontage from Hearn Street to the Low Water Bridge. It was brought out Hearn should be widened up to 60' with 40' paving, and 10' of right of way would be needed from this property. Mr. Ogden stated he would be glad to dedicate this amount. The Council wanted to make an on site inspection of this lot. Later in the meeting, Councilman White moved that the zoning be granted subject to the right of way. The motion, seconded by Shanks carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None CITY OF AUSTIN, TEXAS February 23, 1967 The Mayor announced that the change had been granted to "GR" General Retail and the City Attorney was instructed to draw the necessary ordinance to cover. • : CRESTLAND HOMES INC., By Richard Baker Tract 1 506-508 Heartwood Drive 4901 South 1st Street Tract 2 507-509 Heartwood Drive 4907-4911 South 1st Street From Interim "A" Resi- dence 1st Height and Area To "LR" Local Retail 1st Height & Area NOT Recommended by the Planning Commission MR. RICHARD BAKER represented the applicants who owned virtually all the land for 153-200 acres surrounding the tract, stating when the preliminary plan was filed, they were before the Council then, as it was necessary to widen South Ist Street, and to provide other things. Eight acres were set aside for a commercial tract where South 1st Street and Stassney Lane intersect. (a four acre tract on each side of South 1st) As to the 10' of right of way, Mr. Baker stated they had asked for a zoning change on the north side of Heartwood Drive on Lots 1 and 2 and on South 1st Street, on Lots 21 and 29. Mr. Carrington has agreed to dedicate the 10' of right of way off of Lot 28 on Heartwood, and not give any right of way on Lots 1 & 2. The Commission asked for 10' from Lots 1 & 2 and none from Lot 28, as it feels the right of way should be widened along both of the lots he desires to be changed to commercial. South 1st Street has sufficient right of way. He preferred to give the land from the south side of Heartwood rather than the north side. The Chief of Plan Administration explained now would be the time to put in their commercial drives and set back the curb simultaneously It will serve the entry to the residential and to the commercial, and it was thought the widening should go the length of the commercial which is on the north side. The recommendation of denial was based only on the right of way problem. Mr Baker said the paving, curbs, and gutters were already in, and they preferred to wait until such time as it was determined the street needed widening. He pointed out either way they developed there would be a jog in the street. Councilman LaRue asked if he would include dedicating back to Creekline Drive from Lot 28. Mr. Baker stated if the Council felt they should go all the way back, they would have to go to the other side, Lots 1 & 2. Mr. Baker proposed tapering the right of way from the point where it is now to 10'. Mayor Palmer asked if the zoning could be changed, and that Mr. Baker and the Planning Department work out a satisfactory right of way. Mr. Baker discussed the buffer zone that had been considered between Lots 2 and 3. Councilman Long saw no need for a buffer zone here. In discussing the widening of the paving, Mr. Baker stated it would be unde sirable to tear up the brand new paving to widen the street to 60', at this particular time. The Mayor stated the type of use to be made of this corner would justify the additional paving. Mr. Baker stated they would ask that at such time the use is made, then the paving be widened. This appeared to be the understanding of the Council. Councilman Shanks moved that the request be granted subject to working out satisfactory arrangements on the right of way. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the change had been granted to "LR" Local Retail CITY OF AUSTIN, TEXAS February 23, 1967 1st Height and Area and the City Attorney was instructed to draw the necessary ordinance. KARL V. STOLLE By Ed Padgett 5101-5103 Depew Avenue 900-902 East 51st Street From "A" Residence 1st Height & Area To "0" Office 2nd Height & Area NOT Recommended by the Planning Commission The Chief of Plan Administration stated there was a letter on file agreeing to dedicate right of way. Councilman LaRue moved that the request be granted with the acceptance of the right of way dedication. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the change had been granted to "O" Office 2nd Height and Area and the City Attorney was instructed to draw the necessary ordinance to cover. LANDRUM HICKMAN By Marvin Braswell 1406-1410 West Avenue From "A" Residence To "LR" Local Retail NOT Recommended by the Planning Commission Mr. Braswell was not present at the meeting. The Chief of Plan Administration stated Mr. Braswell asked for "LR" Local Retail for a drive in grocery store on the property, which would be the southwest corner of West Avenue and the extension of 15th Street. The change of the neighborhood by the extension of 15th Street would make this a commercial corner. The Mayor asked how much of the lot would be required for the proposed extension of 15th. The Chief of Plan Administration stated the expressway portion would take a part of the property; but the first phase would come only to the property. The property will be ultimately affected. MR. R. G. MUELLER, JR., reported the filing of a petition in opposition by all of the property owners as this would be a spot zoning; a Church has been purchased within 150' of the property, and it would like to expand eventually; and 15th Street will be a thoroughfare to move the traffic. Homes in the 15th Street vicinity of West Avenue are well kept, and are being remodeled. He stated with the 12th Street and 19th Street commercial areas, there was no need for commercial development in this area. The Mayor stated several years ago there was an area study, and the "0" Office zoning line was drawn. The Mayor said there was an indication there would not be sufficient votes to grant the change; and if Mr. Braswell requests that the application be withdrawn, they would grant that. Later in the meeting, the Council received a letter from Mr. Braswell and one from his doctor stating Mr. Braswell was unable to attend the meeting. The Mayor asked that the zoning application be placed on the pending list. CITY OF AUSTIN, TEXAS February 23, 1967. COUNCIL ELECTION AND CHARTER AMENDMENT ELECTION TO ENLARGE THE COUNCIL MR. ED LOREY favored enlarging the number on the Council, stating two additional members should be provided, making a nine-member Council. He favored a place system designated by an area, geographically or by population; and from that place two Councilmen should be designated. Place 5 should be designated for the Mayor. He suggested that citizens elect the Mayor and that all be elected at large. Place 5 would be a portion of Places 1, 2, 3 and 4. Mr. Lorey stated this Council was doing an excellent job and was serving without any renumeration and he recommended that the Council be paid something. Mr. Lorey's suggestion in the organization of the Council was that the Mayor would vote only in the case of a tie vote. MAYOR PALMER expressed his opinion on enlarging the Council to seven members. He had considered submitting to the people that when the next census showed Austin to be 350 or 400,000, the City automatically would go to nine members. Seven now could serve a City the size of Austin more effectively than nine. Councilman LaRue noted that Dallas, Fort Worth, San Antonio and Houston have nine members. Councilman Long stated in Austin, the size that it is, seven would be adequate, but when Austin reaches 300-350,000, the Council could be enlarged again. She suggested four geographical areas with representatives voted on at large. This would give assured representation from four different areas. Under the present Council, there is good geographical representation, except there is no one from Govalle or East Austin. Councilman LaRue said most of the cities were getting away from this geographical representation. DR. ROTH, Unitarian Council of Social Responsibility, favored Councilmen to be elected by districts rather than at large, and thus giving closer and more equitable representation on the Council. The City Attorney reviewed section by section the ordinance ordering an election to be held April 1, 1967, for the purpose of electing five Councilmen; and for submitting certain amendments to the City Charter to enlarge the Council to seven members in 1969, enacting provisions incident and relating to the purpose of this ordinance. The City Attorney pointed out an alternative method of submitting the proposition that would appear on the ballot--one citing the substance of what is being submitted. As the proposition appears in the ordinance, it contains the least number of words that can be used to make it legal. The alternate provision restates each section that is to be amended, with the proposed amendment. Mayor Palmer said the Council would depend on citizens, Council Members, press and news media to bring out what each section is and let the people inform themselves. All of this will have to be explained to the general public. The City Attorney discussed the composition of the ballot, stating the Council candidates' names would appear first, and then the Proposition. Mr. Lorey asked if it could be stated on the ballot that one is FOR or AGAINST increasing the Council from five to seven. The City Attorney stated this could be worked out. Mr. Lorey again discussed electing the Mayor and Mayor Palmer explained and cited a number of reasons at this time why the Mayor should be elected by the Council Members. The City Attorney discussed the authentication of an ordinance. The provision now is it shall be authenticated by the signature of the Mayor or Mayor Pro Tem, or by signatures of two Council Members. This is the only other provision in the Charter that specified a number of Councilmen required for certain acts to be taken. The Council agreed to leave this provision as it is not including it in the amendment. The City Attorney asked if the Council did want the method of stating "FOR" and "AGAINST" the proposition to be explained. Members informally agreed they did. Council : _ CITY OF AUSTIN, TEXAS February 23, 1967 Mayor Palmer introduced the following ordinance: AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF AUSTIN ON APRIL 1, 1967 FOR THE PURPOSES OF: (1) ELECTING FIVE COUNCILMEN OF THE CITY OF AUSTIN FOR A TERM OF TWO YEARS BEGINNING MAY 15, 1967, AND (2) SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF AUSTIN, FOR ADOPTION OR REJECTION, CERTAIN AMENDMENTS TO THE EXISTING CHARTER OF THE CITY TO ENLARGE THE CITY COUNCIL TO SEVEN MEMBERS IN 1969; ENACTING PROVISIONS INCIDENT AND RELATING TO THE PURPOSES OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Shanks moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The ordinance was read the second time and Councilman Shanks moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The ordinance was read the third time and Councilman Shanks moved that the ordinance be finally passed. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The Mayor announced that the ordinance had been finally passed. DECISION ON AMENDING THE MASTER PLAN IN THE MONTOPOLIS AREA, BEN WHITE BOULEVARD, AND THE RAILROAD TRACK MR. HUB BECHTOL, representing MR. SID THOMAS, said he wanted to withdraw any objection to changing this designation back to residential in the Master Plan, as he could still use part of his property for retail purposes. Mr. Thomas has an approved subdivision and has sold some of the lots for residential purposes; and under the circumstances, the purchasers should be able to build on them. Councilman Shanks stated the industrial inventory should be preserved; but since this area is in such a condition as it is, he would be in favor of rolling it back to a residential designation, in the areas on which an approved subdivision is filed, along Daffodil Drive, Montopolis Drive, and Burleson Road. The Planning Director called attention to a statement in the Master Plan and Council policy where there would be no problem of retaining and servicing facilities within the residentially designated areas. The problems appear where there are wholesaling, warehouses, contracting or manufacturing located in such areas. After discussion, Councilman LaRue moved that the area bounded on the west by the west property line of the Thomas property; on the south by the railroad track; and on the east by Montopolis Drive; and on the north by Ben White Boulevard be returned to low density residen_ CITY OF AUSTIN, TEXAS February 23, 1967 tial. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White Noes: Mayor Palmer Councilman Long stated there were houses already there, and lots sold off and people unable to use their property. They will now be able to use it, and Mr. Thomas can use the Planned Development planning. Mayor Palmer stated he did not think this was the right kind of zoning in changing that small a section of the Master Plan where it was set out as industrial, and that he would have to vote 'no'. DISCUSSION ON PAY FOR COUNCIL MEMBERS Councilman LaRue moved that MRS. LESTER REED be heard. The motion was seconded by Councilman White. Roll call showed a unanimous vote. MRS. LESTER REED, speaking for the League of Women Voters, as well as the Junior Chamber of Commerce, stated they had been discussing a token compensation for City Council Members to put Austin in line with other cities in Texas and in the Nation. She was speaking in terms of $10.00 or $15.00 per meeting, to compare with a Board of Directors. Mayor Palmer pointed out this would not be pay, but a reimbursement of expense. Councilman Long stated $10 or $15.00 would not reimburse any Council Member, as they spend more time away from the City Hall than they do at the City Hall. She said she was very much opposed to any kind of a token payment to any Council Member. When she talked about compensation for Council Members, she was thinking of trying to attract certain people who cannot now serve on the Council, and who would have an opportunity to run for the City Council. Mrs. Reed stated when the League proposed this reimbursement at this time, it was hoping the proposal could be a part of the ballot, to become effective in 1969. She stated if this were included as a Charter Amendment, the League recommended a $10.00 minimum, but she stated this did not have to be done by Charter amendment. Mayor Palmer had stated publicly many times that he would not sit on the Council and vote himself a salary or any type of compensation. He said three of the Council are going off the Council; and if the majority would say they would vote an expense account to the Council Members effective May 15, 1967, this could be done. Councilman White would not vote for that amount. Councilman Long opposed this proposal. In discussion of the amount, Mrs. Reed reported the Jaycees had recommended $20.00 a meeting. The Mayor said he had no objection to letting the people vote on such a proposition, but he would object to its being initiated by the Council. He asked Mrs. Reed if the League of Women Voters preferred this proposal's being done by ordinance rather than including it on the ballot. The three members going off the Council are aware of the expenses involved; and if these three would vote this, it would accomplish what the League was requesting. After discussion, Councilman Shanks moved that the City Councilmen be reimbursed $10.00 per meeting for expenses involved while attending City Council meetings for the maximum of 52 meetings a year, effective after May 15, 1967. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Shanks, White, Mayor Palmer Noes: Councilmen LaRue, Long =CITY OF AUSTIN, TEXAS- February 23, 1967 Councilman Long said she opposed this and she had served almost 14 years, and she did not want any money for herself. She thought this is an embarrassment to vote $10.00 for anybody that is supposed to be smart enough to run the City. A salary would attract good people to run for the Council in the future. Mayor Palmer wanted it made clear in the Minutes that this was a reimbursement of expenses. The City Attorney stated he interpreted this action as meaning the Council desires whatever instruments necessary to be prepared. The Mayor stated that was correct. Councilman White moved that the Council recess until 3:00 P.M. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None RECESSED MEETING 3:00 Ρ.Μ. At 3:00 P.M. the Council resumed its business. Councilman LaRue offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, a certain easement was granted to the City of Austin for public utility purposes in, upon and across part of Lot 11, Block C, Herman Brown Addition No. 2, Section 4, a subdivision of a portion of the Daniel J. Gilbert Survey in the City of Austin, Travis County, Texas, according to a map or plat of said Herman Brown Addition No. 2, Section 4, of record in Book 19 at Page 36 of the Plat Records of Travis County, Texas; and, WHEREAS, the owner of the above described property has requested the City Council of the City of Austin to release the hereinafter described portion of said easement; and, WHEREAS, the City Council has determined that the hereinafter described portion of said easement is now now needed and will not be required in the future; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager of the City of Austin, be and he is hereby authorized to execute a release of the following described portion of said public utilities easement, to-wit: 1232 square feet of land, same being out of and a part of Lot 11, Block C, Herman Brown Addition No. 2, Section 4, a subdivision of a portion of the Daniel J. Gilbert Survey in the City of Austin, Travis County, Texas, according to a map or plat of said Herman Brown Addition No. 2, Section 4, of record in Book _ CITY OF AUSTIN, TEXAS February 23, 1967 19 at Page 36 of the Plat Records of Travis County, Texas; which 1232 square feet of land is more particularly described by metes and bounds as follows: BEGINNING at the intersection of the east line of said Lot 11, same being the west line of Lot 12, and a line five (5.00) feet north of and parallel to the south line of said Lot ll, and which point of beginning is the southeast corner of the herein described tract of land; THENCE, with the said line five (5.00) feet north of and parallel to the south line of Lot 11, S 86° 05' w 78.73 feet to a point at the westerly corner of the herein described tract of land; THENCE, N 67° 51' E 78.83 feet to a point in a line five (5.00) feet west of and parallel to the said east line of Lot 1l for an interior ell corner of the herein described tract of land; THENCE, with the said line five (5.00) feet west of and parallel to the east line of Lot 11, N 01° 15' W 40.00 feet to a point for the most northerly northwest corner of the herein described tract of land; THENCE, N 88° 45' E 5.00 feet to a point in the said east line of Lot 11 for the northeast corner of the herein described tract of land; THENCE, with the said east line of Lot 11, S 01° 15' E 64.45 feet to the place of beginning. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None Mayor Palmer introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE A PORTION OF THAT CERTAIN ALLEY LOCALLY KNOWN AS PENNSYLVANIA AVENUE ALLEY, EXTENDING FROM THE EAST LINE OF SALINA STREET IN AN EASTERLY DIRECTION TO THE WEST LINE OF CHICON STREET; AND TRAVERS- ING BLOCK 12 OF C. R. JOHNS SUBDIVISION OF OUTLOT 57, DIVISION B, OF THE GOVERNMENT OUTLOTS ADJOINING THE ORIGINAL CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; RETAINING CERTAIN EASEMENTS IN THE CITY FOR PUBLIC UTILITY PURPOSES; SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman LaRue moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, Mayor Palmer Noes: Councilman White : _ CITY OF AUSTIN, TEXAS February 23, 1967 The ordinance was read the second time and Councilman LaRue moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, Mayor Palmer Noes: Councilman White The ordinance was read the third time and Councilman LaRue moved that the ordinance be finally passed. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, Mayor Palmer Noes: Councilman White The Mayor announced that the ordinance had been finally passed. Mayor Palmer introduced the following ordinance: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ΑΝΝΕΧΑTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 0.80 OF ONE ACRE OF LAND, SAME BEING OUT OF AND A PART OF THE JOHN APPLEGAIT SURVEY IN TRAVIS COUNTY, TEXAS; WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. (Laurel Grove at Lanier, Section 2) Councilman LaRue moved that the ordinance be published in accordance with Article 1, Section 6 of the Charter of the City of Austin and set for public hearing on March 9, 1967 at 10:30 A.M. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None Mayor Palmer introduced the following ordinance: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ΑΝΝΕΧΑTION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 79.70 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE WILLIAM CANNON LEAGUE AND THE THEODORE BISSEL LEAGUE IN TRAVIS COUNTY, TEXAS, WHICH SAID ADDITIONAL TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF AUSTIN, IN PARTICULARS STATED IN THE ORDINANCE. (Southwest Park and school tract) Councilman LaRue moved that the ordinance be published in accordance with Article 1, Section 6, of the Charter of the City of Austin and set for public hearing on March 9, 1967 at 10:30 A.M. The motion, seconded by Councilman White carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None =CITY OF AUSTIN, TEXAS_ February 23, 1967 The City Manager submitted the following: "Mr. W. T. Williams, Jr. City Manager Austin, Texas "Dear Mr. Williams: "February 20, 1967 "Sealed bids were received until 11:00 A.M., Friday, February 17, 1967, at the Office of the Director of the Water and Sewer Department for the INSTALLATION OF approximately 4,000 feet of 8-inch sanitary sewer main in INTERSTATE HIGHWAY 35, FROM WILLIAMSON CREEK TO THE SHELBY LANE SANITARY SEWER. This project will provide sanitary sewer service to the Industrial Area on the west side of Interstate Highway 35, north of Williamson Creek and to the Night Hawk Plant and Restaurant. The bids were publicly opened and read in the City Council Room of the Municipal Building, Austin, Texas. "The following is a tabulation of bids received: 60 :T 80 "FIRM AMOUNTS WORKING DAYS Ford-Wehmeyer, Incorporated Walter Schmidt Construction Company Bill Tabor Construction Company $19,565.50 25,170.00 26,023.00 45 Bland Construction Company J. C. Evans Construction Company City of Austin (Estimate) 28,785.00 90 26,795.00 27,163.50 45 45 "It is our recommendation that the contract be awarded to the Ford-Wehmeyer, Incorporated on their low bid of $19,565.50 with 45 working days. "Yours truly, s/ Victor R. Schmidt, Jr. Victor R. Schmidt, Jr., Director Water and Sewer Department" Councilman LaRue offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on February 17, 1967, for the installation of approximately 4,000 feet of 8-inch sanitary sewer main in Interstate Highway 35, from Williamson Creek to the Shelby Lane Sanitary Sewer; and, WHEREAS, the bid of Ford-Wehmeyer, Incorporated in the sum of $19,565.50, was the lowest and best bid therefor, and the acceptance of such bid has been recommended by the Director of Water and Sewer Department of the City of Austin, and by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of Ford-Wehmeyer, Incorporated, in the sum of $19,565.50, be and the same is hereby accepted, and that W.T. Williams, Jr., City Manager of the • CITY OF AUSTIN, TEXAS February 23, 1967 City of Austin, be and he is hereby authorized to execute a contract, on behalf of the City, with Ford-Wehmeyer, Incorporated. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The City Manager submitted the following: "CITY OF AUSTIN, TEXAS BIDS ON ASPHALT "Sealed bids opened 10:00 A.M. February 15, 1967 Tabulated by: B. J. Bonds, Purchasing Agent Gulf Descrip- Estimated tion Quantity EA-11M 150,000 Net Unit States Asphalt Wright Asphalt Products Humble Shell Oil & Oil Co. Co. Refining Com- Co. Texas Emulsions pany Asphalt Gallons Emulsion Price $ 0.1181 $ 0.1470 $ 0.1075 Total Net Price No Bid 17,715.00 No Bid 22,050.00 16,125.00 RC-2 Cut- 6,000 Back Asphalt Gallons Net Unit Price $0.11074 0.1150 $0.1147 No Bid No Bid Total Net Price 664.44 690.00 688.20 OA Asphalt 30,000 Gallons Net Unit Price Total Net Price RS-2 300,000 Net Unit Asphalt Gallons Emulsion .0931 0.0960 0.1013 2,793.00 2,880.00 3,039.00 No Bid No Bid Price Total Net Price 0.1050 No Bid No Bid No Bid No Bid 31,500.00 "Present contract net unit price: EA-11M Asphalt Emulsion RC-2 Cut-Back Asphalt OA Asphalt RS-2 Asphalt Emulsion $ 0.1050 (Texas Emulsions) 0.107016 (Humble Oil) 0.093688 (Gulf States) 0.1010 (Texas Emulsion) "Invitations to bid were sent to all known producers of this material in this Bids are for one year beginning March 1, 1967 and ending February 28, area. 1968. NOTE: The City of Austin does not have heating & storage facilities for RS-2 Asphalt Emulsion. The specifications require the successful bidder of this material to maintain loading, heating and storage facilities in the _ CITY OF AUSTIN, TEXAS February 23, 1967 "Austin area in order to load this material directly in City Vehicles. Texas Emulsions does maintain this type equipment on Balcones Drive. The other materials will be delivered to City storage facilities as required. "This tabulation is submitted with the apparent low bid meeting the City of Austin specifications and conditions underscored." Councilman LaRue offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on February 15, 1967, on asphalt for a one year period beginning March 1, 1967 and ending February 28, 1968; and, WHEREAS, the bid of Gulf States Asphalt Company in the sum of $3,457.44 for 6,000 gallons of RC-2 Cut-Back Asphalt and 30,000 gallons of OA Asphalt; and the bid of Texas Emulsions in the sum of $47,625.00 for 150,000 gallons of EA-11M Asphalt Emulsion and 300,000 gallons of RS-2 Asphalt Emulsion, were the lowest and best bids therefor, and 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 the bids of Gulf States Asphalt Company and Texas Emulsions in the sums recited above, be and the same are hereby accepted, and that W. T. Williams, Jr., City Manager of the City of Austin, be and he is hereby authorized to execute contracts on behalf of the City with said companies. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The City Manager submitted the following: "CITY OF AUSTIN, TEXAS BIDS ON TRUCKS "Sealed bids opened 2:00 P.M. February 15, 1967 Tabulated by: B. J. Bonds, Purchasing Agent Henna Chevrolet Armstrong- Johnson Bid No. Description 4357 Filter One-Half Ton Plant Pick-Up Truck 1 Each None International Harvester (International) Quantity Trade-Ins (Chevrolet) (Ford) Capitol Chevrolet $1,810.00 Capitol Truck & Trailer (Chevrolet) (G.M.C.) $1,914.15 $1, 972.00 $1,815.00 No Bid Bid No. Description Henna Chevrolet Quantity Trade-Ins (Chevrolet) (Ford) International Capitol Armstrong- Johnson Harvester Chevrolet Capitol Truck & Trailer (International) (Chevrolet) (G.M.C.) 4358 Filter Plant 3/4 Ton Pick- Up Truck 1 Each None $2,036.61 $1,910.00 $1,954.00 $1,974.00 No Bid 4359 Filter One-Half Ton Plant Pick-Up Truck with Utility Body 1 Fach None 2,238.30 2,160.00 2,289.00 *2,045.00 No Bid *Our specifications required a heavy duty 3 speed transmission--This bid offered a 2 speed transmission. CITY OF AUSTIN, TEXAS February 23, 1967 4360 Fire One-Half Ton Department Pick-Up Truck 2 Each 1 Each 4,265.64 4,295.00 4,650.00 3,990.00 No Bid 4361 Municipal 3/4 Ton Pick- Auditorium Up Truck 1 Each 1. Each 1,890.64 1,820.00 1,892.00 1,845.00 No Bid 4362 Fire Van Type Truck Prevention 1 Each 1 Each 2,329.00 No Bid No Bid 2,255.00 No Bid 4363 Office Van Type Truck Services 1 Each 1 Each 2,073.00 1,995.00 No Bid 2,165.00 No Bid 4364 Cemetery Division One-Half Ton Pick-Up Truck 1 Each None 1,572.13 1,530.00 1,726.00 1,563.00 No Bid 4366 Street & Five Ton Bridge Truck Tractor 1 Each 1 Each No Bid 12,450.00 12,600.00 No Bid $15,500.00 • Henna Chevrolet Armstrong- Johnson Bid No. Description Quantity Trade-Ins (Chevrolet) (Ford) Chevrolet International Capitol Harvester (International Capitol Truck & Trailer ional) (Chevrolet) (G.M.C.) 4367 Street & Bridge Three Ton Cab & Chassis Truck 1. Fach None No Bid $ 6,025.00 $ 5,487.00 No Bid $ 6,220.00 4368 Street & 3 Cubic Yard Bridge Dump Truck 5 Each 5 Each $19,218.60 16,825.00 17,518.00 20,150.00 21,000.00 4369 Street & 2½ Ton Flat Bridge Bed Truck 1 Each 1 Each 4,646.36 4,310.00 4,060.00 4,835.00 4,960.00 4370 Street & One Half Ton Bridge Truck with Van Type Body 1 Each 1 Each No Bid No Bid 3,885.00 No Bid No Bid 4371 Street & 5 to 8 Cubic Bridge Yard Dump Truck 1 Each 1 Each 7,170.60 7,520.00 7,110.00 6,947.00 7,500.00 4372 Street & 5 to 6 Cubic Yard Bridge Dump Truck with Front End Loader 1 Each 1 Each 9,290.97 10,160.00 9,965.00 * 5,650.00 10,800.00 * Capitol Chevrolet requested by letter on February 16, 1967 that their bid be withdrawn as they had failed to include the price of the front end loader in their bid. 4373 Street & Bridge 3/4 Ton Pick-Up Truck with Hydrau- lic Tail-gate 1 Each 1 Each 2,846.03 2,775.00 2,835.00 * 2,690.00 No Bid * Our specifications required load levelers type shock absorbers on the rear wheels--This bid took exception to this requirement. Our specifications required that one completed set of specifications must be returned with bid This bid did not include complete specifications with bid. -- February 23, 1967 - CITY OF AUSTIN, TEXAS CITY OF AUSTIN, TEXAS February 23, 1967 Henna Chevrolet Bid No. Description Quantity Trade-Ins (Chevrolet) (Ford) Armstrong- Johnson International Harvester Capitol Chevrolet & Trailer (International) (Chevrolet) (G.M.C.) Capitol Truck 4374 Parks & 3/4 Ton Pick- Recreation Up Truck 1. Each 1 Each $ 2,164.06 $ 2,022.00 No Bid $ 2,032.00 No Bid 4375 Parks & Recreation 3 Cubic Yard Dump Truck 2 Each 2 Fach 6,287.72 6,170.00 $ 6,362.00 6,400.00 $ 7,100.00 4376 Sanitary Two Ton Sewer Dump Truck 3 Each 3 Each 9,417.78 9,900.00 10,280.00 10,380.00 10,857.07 4377 Sanitary One Ton Flat Sewer Bed Truck 1 Each 1 Each 2,104.36 1,780.00 2,125.00 2,005.00 2,000.00 4378 Sanitary One-Half Ton Sewer Pick-up Truck 4 Each 4 Each 5,073.44 5,244.00 6,098.00 5,700.00 No Bid 4379 Sanitary Suburban Carry- Sewer All Truck 1 Each 1 Each No Bid No Bid 2,640.00 No Bid No Bid 4389 Traffic & 2 Ton Flat Transportation Bed Truck 1 Each None 3,645.92 3,565.00 3,687.00 3,760.00 4,073.34 4390 Water 1½ Ton Cab & Distribution Chassis Truck 3 Each 1 Each 7,100.63 7,865.00 7,840.00 7,625.00 8,050.00 _ CITY OF AUSTIN, TEXAS February 23, 1967 Henna Chevrolet Armstrong- Johnson 4401 Electric Bid No. Description One-Half Ton 4391 Water Distribution Pick-Up Truck One Ton Cab and Quantity Trade-Ins (Chevrolet) (Ford) International Capitol Harvester Capitol Truck & Trailer Chevrolet (International) (Chevrolet) (G.M.C.) 3 Each 2 Fach $ 4,847.26 $ 4,297.00 $ 4,953.00 $ 4,433.00 No Bid Distribution Chassis Truck 10 Each 4 Fach 18,714.80 17,900.00 18,676.00 18,550.00 $21,862.00 4402 Electric 3/4 Ton Cab and Distribution Chassis Truck 1 Each 1 Each 1,776.61 1,575.00 1,650.00 1,645.00 No Bid 4405 Water Van Type Distribution Truck 1 Each None 2,068.00 2,120.00 No Bid 2,023.00 No Bid All prices shown are net or net difference This tabulation is submitted with the apparent low bids meeting the City of Austin specifications and conditions underscored. : CITY OF AUSTIN, TEXAS February 23, 1967 Councilman LaRue offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on February 15, 1967 for trucks for use by various departments of the City; and, WHEREAS, the bids of Henna Chevrolet in the sum of $9,290.97 for one 5 to 6 cubic yard truck with front end loader and one trade-in, in the sum of $9,417.78 for three two ton dump trucks and three trade-ins, in the sum of $5,073.44 for four one-half ton pick-up trucks and four trade-ins, in the sum of $7,100.63 for three ½ ton cab & chassis trucks and one trade-in; the bids of Armstrong-Johnson in the sum of $1,810.00 for one one-half ton pick-up truck, in the sum of $1,910.00 for one 3/4 ton pick-up truck, in the sum of $2,160.00 for one one-half ton pick-up truck with utility body, in the sum of $1,820.00 for one 3/4 ton pick-up truck and one trade-in, in the sum of $1,995.00 for one van type truck and one trade-in, in the sum of $1,530.00 for one one-half ton pick-up truck, in the sum of $12,450.00 for one five ton truck tractor and onetrade-in, in the sum of $16,825.00 for five 3 cubic yard dump trucks and five trade-ins, in the sum of $2,775.00 for one 3/4 ton pick-up truck with hydraulic tail-gate and one trade-in, in the sum of $2,022.00 for one 3/4 ton pick-up truck and one trade-in, in the sum of $6,170.00 for two 3 cubic yard dump trucks and two trade-ins, in the sum of $1,780.00 for one one ton flat bed truck and one trade-in, in the sum of $3,565.00 for one 2 ton flat bed truck, in the sum of $4,297.00 for three one-half ton pick-up trucks and two trade-ins, in the sum of $17,900.00 for ten one ton cab and chassis trucks and four trade-ins, in the sum of $1,575.00 for one 3/4 ton cab and chassis truck and one trade-in; the bids of International Harvester in the sum of $5,487.00 for one three ton cab & chassis truck, in the sum of $4,060.00 for one 2-½ ton flat bed truck and one trade-in, in the sum of $3,885.00 for one one-half ton truck with van type body and one trade-in, in the sum of $2,640.00 for one surburban carry-all truck and one trade-in; the bids of Capitol Chevrolet in the sum of $3,990.00 for two onehalf ton pick-up trucks and one trade-in, in the sum of $2,255.00 for one van type truck and one trade-in, in the sum of $6,947.00 for one 5 to 8 cubic yard dump truck and one trade-in, in the sum of $2,023.00 for one van type truck, were the lowest and best bids therefor, and 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 the bids of Henna Chevrolet, Armstrong-Johnson, International Harvester and Capitol Chevrolet as above set out, be and the same are hereby accepted, and that W. T. Williams, Jr., City Manager of the City of Austin be, and he is hereby authorized to execute contracts on behalf of the City with said parties. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None CITY OF AUSTIN, TEXAS February 23, 1967 Councilman White offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: THAT the City Council of the City of Austin hereby approves the erection of a boat dock on the property owned by CARL WOOTTEN as described in the Travis County Deed Records and known as Lot 24 in the Lakeshore Addition, as described on the attached plot plan and hereby authorizes the said CARL WOOTTEN to construct, maintain and operate this boat dock to same being constructed in compli- ance with all the ordinances relating thereto and further subject to the foregoing attached recommendations; and the Building Official is hereby authorized to issue an occupancy permit for the erection of this boat dock after full compliance with all the provisions of this resolution. 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, fire and health regulations and the right of revocation is retained if, after hearing, it is found by the City Council that the said CARL WOOTTEN has failed and refused and will continue to fail and refuse to perform any such conditions, regulations and ordinances. (Recommendation attached) "Austin, Texas February 20, 1967 "Memorandum To: Subject: Mr. W. T. Williams, Jr., City Manager RESOLUTION, BOAT DOCK (Private) "I, the undersigned, have reviewed the plans and have considered the application of Mr. Carl Wootten, owner of the property abutting on that part of Lake Austin lying upstream from the westerly extension of the south line of Windsor Road and known as Lot 24 in the Lakeshore Addition, as described on the attached plans recorded in the Travis County Deed Records, for permission to construct and maintain a boat dock projecting out into the lake approximately twenty (20) feet be- yond the normal high water level. The construction details meeting all requirements, I recommend that if Mr. Wootten is granted his request by the City Council, that it be subject to the following conditions. "(1) That nothing but creosoted piles, cedar piles or concrete piles, substantially braced and bolted to withstand wind and water pressure, be used in the construction and that no structure shall extend more than one-third the distance from shore to shore at the point where structure is located, or be nearer than ten feet to any side property line of the owner or applicant. "(2) That no business, such as a restaurant, dance hall, concession stand, or any other enterprise for the sale of goods, wares and merchandise, except marine supplies and tackle, and no living quarters of any character shall be erected on any pier, dock, wharf, float, island, piling, or other structure extending into or above Lake Austin. "(3) That every structure shall be quipped with proper lights which shall show all around the horizon for nightuse and shall be equipped with flags or other warnings for daylight use. _ CITY OF AUSTIN, TEXAS February 23, 1967 "(4) That all structures extending out into the lake be constantly kept in a state of good repair and that the premises be kept reasonable clean at all times. "Respectfully submitted, s/ Dick T. Jordan Dick T. Jordan Building Official" The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None AMENDED WAIVER OF INUNDATION RIGHTS The Building Official displayed the Architects' drawings of the five and four story apartment building with parking underneath proposed by MR. MAURICE DOKE. He said this would be the same type of construction as proposed before. It does extend over the boundary line that the Council set for him to fill on one corner; but on the opposite corner, it does not go out as far. Mayor Palmer asked if this fill extended beyond what the city filled in for the City's loading ramp. The Building Official stated it does not go out as far. The Building Official drew a sketch of what had been authorized, and what is now being requested. The City Attorney stated it was recommended that the entire line be redrawn. In answer to Mayor Palmer's question, the City Attorney said he would check into the status about the bond, where the principle on the bond is deceased; and that Mr. Doke would be required to remove double the amount of fill that he takes out. It was noted Mr. Doke had cut the height of his buildings from nine stories to five and four. Councilman White moved that the recommendation of the Building Official be accepted subject to all the other provisions, redrawing the field notes, and keeping the bond in force. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None Councilman White moved that the Council approve shoreline improvements on Lake Austin for the following: (1) Carl Wootten at 2219 Westlake Drive. (2) Mr. and Mrs. Dallas Holford at 3403 Westlake Drive. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None _ CITY OF AUSTIN, TEXAS February 23, 1967 Councilman Long offered the following resolution and moved its adoption: (RESOLUTION) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUSTIN APPROVING UNDERTAKING OF SURVEYS AND PLANS FOR AN URBAN RENEWAL PROJECT AND FILING OF A REVISED APPLICATION WHEREAS, under Title 1 of the Housing Act of 1949, as amended (herein referred to as "Title I"), the Secretary of the Department of Housing and Urban Development is authorized to extend financial assistame to local public agencies in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects; and, WHEREAS, it is desirable and in the public interest that the Urban Renewal Agency of the City of Austin make surveys and prepare plans, presently estimated to cost approximately Two Hundred thirty one thousand, nine hundred fifty nine dollars ($231,959.00), in order to undertake and carry out an urban renewal project of the character contemplated by Section 110(c) of Title I, in that area proposed as an Urban Renewal Area, situated in the City of Austin, County of Travis and State of Texas, which is described in Exhibit "A" attached hereto and made a part hereof; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: 1. That the proposed Urban Renewal Area described above is a slum, blighted, deteriorated, or deteriorating area, appropriate for an urban renewal project and that the undertaking by the Urban Renewal Agency of the City of Austin of surveys and plans for an urban renewal project of the character contemplated by Section 110(c) of Title I in the proposed Urban Renewal Area is hereby approved. 2. That the financial assistance available under Title I is needed to enable the Urban Renewal Agency of the City of Austin to finance the planning and undertaking of the proposed Project. 3. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assist- ance under Title I, including those relating to (a) the relocation of site occupants, (b) the provision of local grants-in-aid, (c) the prohibition of discrim- ination because of race, color, creed, or national origin, and (d) the requirement that the locality present to the Secretary of the Department of Housing and Urban Development, as a prerequisite to approval of the application described below, a workable program for community improvement, as set forth in Section 101(c) of Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of slums and urban blight. 4. That it is the sense of this body (a) that a feasible method for the relocation of individuals and families displaced from the Urban Renewal Area, in conformity with Title I, can be prepared, and (b) that the local grants-in-aid can and will be provided in an amount which will be not less than one-third of the Net Project Cost of the Project and which, together with the Federal capital grant, will be generally equal to the difference between Gross Project Cost and the proceeds or value of project land sold, leased, or retained for use in accordance with the urban renewal plan. 5. That the filing of a revised application by the Urban Renewal Agency of the City of Austin for an advance of funds from the United States of America CITY OF AUSTIN. TEXAS February 23, 1967 to enable it to defray the cost of the surveys and plans for an urban renewal project in the proposed Urban Renewal Area described above is hereby approved. EXHIBIT "A" THAT CERTAIN AREA IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, KNOWN AS THE UNIVERSITY EAST URBAN RENEWAL AREA AND DESCRIBED AS FOLLOWS: BEGINNING at the intersection of the West right-of-way line of Red River Street with the North right-of-way line of East 19th Street, said point of beginning being in the North line of the Brackenridge Urban Renewal area; THENCE, with said North right-of-way line of East 19th Street, Easterly to its point of intersection with the West right-of-way line of East Avenue; THENCE, Southeasterly to the point of intersection of the South right-ofway line of East 19th Street and the East right-of-way line of East Avenue; THENCE, with said South right-of-way line of East 19th Street, Easterly to its point of intersection with the East right-of-way line of Comal Street; THENCE, with said East right-of-way line of Comal Street, Northerly to its point of intersection with the North right-of-way line of Manor Road; THENCE, with said North right-of-way line of Manor Road, Southwesterly to its point of intersection with the East right-of-way line of East Avenue; THENCE, Westerly to the point of intersection of the West right-of-way line of East Avenue and the North right-of-way line of Manor Road; THENCE, Northeasterly with the West right-of-way line of East Avenue to its intersection with the North right-of-way line of East 23rd Street; THENCE, with said North right-of-way line of East 23rd Street Westerly to its point of intersection with the East right-of-way line of Swisher Street; THENCE, with said East right-of-way line of Swisher Street, Northerly to its point of intersection with the North right-of-way line of Wahrenberger Street; THENCE, Westerly with said North right-of-way line of Wahrenberger Street and its prolongation, same being the South property line of Medical Arts Square Subdivision, a subdivision of record in plat book 32 at Page 1292 of the Plat Records of Travis County, Texas, to a point in the East right-of-way line of Red River Street, the same being the Southwest corner of the Medical Arts Square Subdivision; THENCE, continuing Westerly with the prolongation of the North right-ofway line of Wahrenberger Street to a point in the West right-of-way line of Red River Street; THENCE, with said West right-of-way line of Red River Southerly to the point of beginning. follows: SAVE AND EXCEPT the two tracts hereinafter specifically described as February 23, 1967 CITY OF AUSTIN, TEXAS TRACT NO. ONE: BEGINNING at the point of intersection of the East right-of-way line of Red River Street and the North right-of-way line of Manor Road; THENCE, Easterly with the North right-of-way line of Manor Road to its point of intersection with the West right-of-way line of Oldham Street; THENCE, Northerly with the West right-of-way line of Oldham Street to its point of intersection with the North right-of-way line of East 23rd Street; THENCE, Easterly with the North right-of-way line of East 23rd Street to its point of intersection with the West right-of-way line of Swisher Street; THENCE, Northerly with the West right-of-way line of Swisher Street to its point of intersection with the South right-of-way line of East 24th Street; THENCE, Westerly with the South right-of-way line of East 24th Street to its point of intersection with the East right-of-way line of Red River Street; THENCE, Southerly with the East right-of-way line of Red River Street to the Place of Beginning. TRACT NO. TWO: BEGINNING at the point of intersection of the East right-of-way line of Red River Street and the North right-of-way line of East 20th Street; THENCE, Easterly with the North right-of-way line of East 20th Street to its point of intersection with the West right-of-way line of Sabine Street; THENCE, Northerly with the West right-of-way line of Sabine Street to its point of intersection with the South right-of-way line of East 20½ Street; THENCE, Westerly with the South right-of-way line of East 20½ Street to its point of intersection with the East right-of-way line of Red River Street; THENCE, Southerly with the East right-of-way line of Red River Street to the Place of Beginning. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None Councilman White stated he was voting for the University of Texas. INCREASED RENTALS BY FIXED BASE OPERATORS AT AIRPORT The City Manager explained the contracts with the fixed base operators at the Airport provide for a periodic review of the rentals and the Director of Aviation has negotiated with both of the operators for an increase in rentals on the building area they occupy. COLONEL MURPHY stated this is the basic lease which authorized the operators to do business at the Airport. The increase is 10.4% based on the consumer price index, published by the U.S. Statistical Survey. The City Manager stated this meant an additional $46.00 a month by each. Councilman - CITY OF AUSTIN, TEXAS February 23, 1967 LaRue moved to approve the increased rentals by fixed base operators at the Airport as recommended. The motion, seconded by Councilman White, carried by the following vote: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Ayes: Noes: None : PATHOLOGIST CONTRACT HOSPITAL The City Manager reported the contract had expired, but they were carrying on under the terms of the old contract. Under the contract under which they had been operating, there was a formula which was the total private charges plus half the indigent charges less all of the expense of the operation of the Department, and the Pathologist received 45% of that figure. The proposal now is instead of using 45% of the net earnings, that the formula be changed to 28% of the gross earnings. Applying the experience for the last three months of 1966, under the new formula, the Pathologists would have received $28,641, whereas under the existing formula, their return was $34,271. This is not to say, under the new formula, that the group would get less than under the old contract, as it is anticipated there will be an increase in the number and amount of gross charges. The City Manager explained that last summer it was the thought the Pathologists would be required to set up their own charges, and the Council had authorized the charges be separated from the Hospital accounts; but the Pathologist has worked out under the Medicare Program where he would not have to do his separate billing. In answer to Councilman LaRue's question, the City Manager stated this formula was 28% of private charges, and the others would be donated by the Pathologist. The first formula provided that the group receive 100% of the private charges; 50% of staff charges, less operating expenses; then of that amount the Pathologist group received 45%. From the 28% of gross private charges, the Pathologist would leave 20% of that amount in the Trust and Agency Fund for machinery and equipment in the laboratory, and for anything else they decided was needed for the laboratory, but with Council approval. The City Manager stated this revised contract on a one year basis was his recommendation. Councilman LaRue moved to accept the recommendation of the City Manager. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None TRANSFER OF LIEN FROM PROPERTY ADJACENT TO AIRPORT TO PROPERTY ON ENFIELD ROAD AND WINDSOR ROAD (H.P. ALLEN) The City Attorney explained the City purchased this property south of 51st Street from MR. H. P. ALLEN, and it is necessary to obtain a release of a lien, which he reserved, in order to receive federal participation. Property was also purchased from him on Enfield Road and Windsor Road, and it is requested to transfer the lien on the 51st Street property to that on Enfield and Windsor Road. This transfer is acceptable to Mr. Allen. Councilman White offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, by instrument dated April 29, 1964, of record in Volume 2773, Pages 8 to 12, of the Deed Records of Travis County, Texas, the City of Austin February 23, 1967 =CITY OF AUSTIN, TEXAS was granted, subject to a vendor's lien, all that certain tract of land situated in the County of Travis, State of Texas, described in EXHIBIT "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, by instrument dated October 27, 1966, of record in Volume 3220, Pages 733 to 737, of the Deed Records of Travis County, Texas, the City of Austin was granted, subject to a vendor's lien, all that certain tract of land situated in the County of Travis, State of Texas, described in EXHIBIT "B" attached hereto and made a part hereof for all purposes; and, WHEREAS, the City of Austin requires the use of all that certain tract of land described in Exhibit "A" free and clear of all encumbrances, including the aforementioned vendor's lien recorded in Volume 2773, Pages 8 to 12, of the Travis County Deed Records for the expansion of public services to the community; and, WHEREAS, the City Council of Austin, Texas, has agreed that the property hereinafter described in Exhibit "B" shall hereafter also secure payment of the purchase price of the land described in the deed dated April 29, 1964, and recorded in Volume 2773, Pages 8 to 12, of the Deed Records of Travis County, Texas; 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 an agreement pursuant to the above mentioned terms wherein H. P. Allen and wife, Bess G. Allen, release and discharge all liens held by them against the land particularly described in said Exhibit "A", in consideration of the vendor's lien being retained by and affixed against the land described in said Exhibit "B" to secure payment of the purchase money for the property described in said Exhibit "A" as well as the purchase money for the property described in said Exhibit "B". EXHIBIT "A" H.P. Allen to The City of Austin FIELD NOTES FIELD NOTES FOR ELEVEN (11) TRACTS OF LAND, EACH BEING OUT OF AND A PART OF RIDGETOP GARDENS, A SUBDIVISION OF PORTIONS OF THE JAMES P. WALLACE SURVEY NUMBER 57 AND THE J. BURLESON SURVEY IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, ACCORDING TO A MAP OR PLAT OF SAID RIDGETOP GARDENS OF RECORD IN BOOK 3 AT PAGE 50 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS, WHICH ELEVEN (11) TRACTS OF LAND WERE CONVEYED TO H. P. ALLEN BY THE FOLLOWING SIX (6) WARRANTY DEEDS: (1) DATED AUGUST 24, 1956, OF RECORD IN VOLUME 1719 AT PAGE 449 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS: (2) DATED FEBRUARY 9, 1957, OF RECORD IN VOLUME 1786 AT PAGE 491 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS: (3) DATED JUNE 20, 1957, OF RECORD IN VOLUME 1824 AT PAGE 191 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; (4) DATED DECEMBER 20, 1958, OF RECORD IN VOLUME 1997 AT PAGE 145 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; Gardens. =CITY OF AUSTIN, TEXAS February 23, 1967 (5) DATED DECEMBER 14, 1959, OF RECORD IN VOLUME 2131 AT PAGE 465 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; (6) DATED JANUARY 19, 1963, OF RECORD IN VOLUME 2500 AT PAGE 607 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; EAST OF THE SAID ELEVEN (11) TRACTS OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: NUMBER ONE, BEING all of Lot 33, said Ridgetop Gardens. NUMBER TWO, BEING all of Lot 25, said Ridgetop Gardens. NUMBER THREE, BEING all of the east 102.50 feet of Lot 24, said Ridgetop NUMBER FOUR, BEING all of the south 201.90 feet of the west 102.50 feet of said Lot 24, Ridgetop Gardens. Gardens. Gardens. NUMBER FIVE, BEING all of the south 201.40 feet of Lot 23, said Ridgetop NUMBER SIX, BEING all of the south 201.90 feet of Lot 22, said Ridgetop NUMBER SEVEN, BEING all of the east 160.00 feet of the south 201.90 feet of Lot 21, said Ridgetop Gardens. NUMBER EIGHT, BEING all that certain tract of land as conveyed to H.P. Allen by said warranty deed dated February 9, 1957, of record in Volume 1786 at Page 491 of the Deed Records of Travis County, Texas. NUMBER NINE, BEING all that certain tract of land as conveyed to H. P. Allen by said warranty deed dated December 20, 1958, of record in Volume 1997 at Page 145 of the Deed Records of Travis County, Texas. NUMBER TEN, BEING all that certain tract of land as conveyed to H.P. Allen by said warranty deed dated June 20, 1957, of record in Volume 1824 at Page 191 of the Deed Records of Travis County, Texas. NUMBER ELEVEN, BEING all that certain tract of land as conveyed to H.P. Allen by said warranty deed dated January 19, 1963, of record in Volume 2500 at Page 607 of the Plat Records of Travis County, Texas EXHIBIT "B" FIELD NOTES to The City of Austin FIELD NOTES FOR 0.56 OF ONE ACRE OF LAND, SAME BEING A PORTION OF LOT 18, ENFIELD A, A SUBDIVISION OF A PORTION OF OUTLOTS 6, 7 AND 8, DIVISION Z, OF THE GOVERNMENT OUTLOTS ADJOINING THE ORIGINAL CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, ACCORDING TO A MAP OR PLAT OF SAID GOVERNMENT OUTLOTS ON FILE IN THE GENERAL LAND OFFICE OF THE STATE OF TEXAS; A MAP OR PLAT OF SAID ENFIELD A BEING OF RECORD IN BOOK 3 AT PAGE 44 OF THE PLAT • _ CITY OF AUSTIN, TEXAS February 23, 1967 RECORDS OF TRAVIS COUNTY, TEXAS; WHICH PORTION OF LOT 18, ENFIELD A, WAS CONVEYED TO H. P. ALLEN BY WARRANTY DEED DATED AUGUST 17, 1956, OF RECORD IN VOLUME 1717 AT PAGE 186 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; SAID 0.56 OF ONE ACRE OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a steel pin at the southeast corner of said Lot 18, same being the northeast corner of Lot 19, which point of beginning is in the west line of Windsor Road, and which point of beginning is the southeast corner of the herein described tract of land; THENCE, with the south line of said Lot 18, S 73° 00' W 231.53 feet to a steel pin at the southwest corner, as fenced, of said Lot 18, same being the southwest corner of the herein described tract of land, and which point is in the east line, as fenced, of Lot 18-1/2; THENCE, with the said east line, as fenced, of Lot 18, N 16° 41′ W 78.24 feet to a steel pin at an angle point in said fence, and which point is the most westerly corner of the herein described tract of land; THENCE, continuing with said fence, N 26° 04' E 59.40 feet to a steel pin at the most westerly northwest corner of the herein described tract of land; THENCE, continuing with said fence, S 63° 12' E 65.10 feet to a steel pin at an interior ell corner of the herein described tract of land; THENCE, continuing with said fence, N 32° 38' E 113.24 feet to a steel pin on the southwest line of Enfield Road, which point is the most northerly corner of the herein described tract of land; THENCE, with the said southwest line of Enfield Road, S 49° 00' E 124.35 feet to a steel pin on the west line of Windsor Road; THENCE, with the said west line of Windsor Road, in a southerly direction with the following two (2) courses: (1) S 11° 10' W 16.70 feet to an angle point; (2) $ 15° 48' E 29.80 feet to the point of beginning. The motion, seconded by Councilman Long, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None ELECTION ORDINANCE POLLING PLACES The City Attorney distributed copies of the list of Polling Places included in the ordinancecalling the election for information purposes. February 23, 1967 _ CITY OF AUSTIN, TEXAS STATEMENT FROM THE HOSPITAL ON NEWSPAPER ARTICLE REGARDING "LINDA" MAYOR PALMER said the Council had asked for a report from the Hospital on the Article appearing in the Austin-American Newspaper, Tuesday, February 14, 1967, concerning "LINDA" an assumed name; the report had been made and Councilman LaRue read it as follows: "STATEMENT TO THE CITY COUNCIL CONCERNING AN ARTICLE ABOUT 'LINDA' THAT APPEARED IN THE AUSTIN-AMERICAN NEWSPEPR, TUESDAY, FEBRUARY 14, 1967 "On January 20, 1967 "Linda" (an assumed name) presented herself at the Brackenridge Hospital Emergency Room informing the nurse in charge that she was a student at the University of Texas, that she had been sick for about a week, and that she had a private doctor. The nurse took her temperature and relayed this information to the private doctor who advised her to send the patient to the Student Health Center as he had instructed the patient in his office earlier in the day. The nurse in charge telephoned the Student Health Center and made arrangements for "Linda" with the Student Health Center nurse based on the information "Linda" had given. No record was made of this visit, although a record is normally kept of every individual who comes to the Emergency Room for assistance. "On January 22, 1967 "Linda" presented herself again at the Brackenridge Hospital Emergency Room along with her Mother at 9:34 p.m. At this point it was learned that she had not been enrolled at the University of Texas recently and therefore she could not be taken care of at the Student Health Center. "Linda" was treated for possible mononucleosis after consultation with another private physician who referred her to his private office the next morning. No request for admission to the hospital was made and she was discharged from the Emergency Room at 10:24 p.m. following treatment as ordered by her private physician. "On February 6, 1967 "Linda" was brought to the Emergency Room at 8:19 p.m. by her Mother with the chief complaint of a laceration of the chin. A private specialist who had been treating her attended her in the Emergency Room. No request for admission to the hospital was made and "Linda" was discharged from the Emergency Room at 9:06 p.m. to home. "On February 7, 1967 "Linda" was brought to the Emergency Room at 6:45 p.m. by her Mother with the chief complaint of hemorrhaging of laceration on chin that was sutured the night before. The same private doctor who prescribed treatment on February 6 requested admission to the hospital which was accomplished with admission time shown as 8:30 p.m. "On February 8, 1967 at noon the first contact with the hospital's Social Service Department was made. "Linda" was retained as a private patient because she was rejected as being a Non Resident of Travis County and note is made on the chart that the private doctor wants to keep patient on a private basis. "On February 9, 1967 at 11:20 a.m. "Linda" was pronounced dead after extensive treatment by private physicians and house staff physicians. "An Autopsy was requested of the family but this was refused. "The Cause of death listed by the private physician was Fulminating Hepatitis. CITY OF AUSTIN, TEXAS February 23, 1967 "s/ Ben Tobias Ben Tobias Administrator Brackenridge Hospital" Councilman Shanks said had these facts been presented in the newspaper originally, there would not have been all this bad publicity. Mayor Palmer noted that admission to the Hospital was never requested until the occasion when she was admitted, and she was promptly admitted by the doctor. Councilman LaRue expressed concern that something like this happened, and try to prevent it from happening again; also Council Members must be concerned that the Brackenridge Hospital did take all precautions and did everything they would be called upon to do and even went beyond the call of duty. The City Manager stated admission to the hospital is by a doctor, and the first request made for admittance was the evening she was admitted; and at the time of admittance, there was no question whether she was private or staff. The Mayor stated the Policy at the Hospital is laid down by this Council. He asked if this report from the Administrator of the Hospital satisfied all members of the Council. Councilman Long said she had hoped the Administrator would have been present to have given the report. Councilman Shanks stated he would personally accept the report; but if there were any Council Members who wanted to belabor this, the Administrator should come before the Council. Councilman White stated he had confidence in the report. Councilman Shanks wanted to have a vote of confidence. Councilman Long moved that the report of MR. BEN TOBIAS be accepted. The motion, seconded by Councilman Shanks, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None MAYOR PALMER made the following statement for the record: "I think that Austin is a City with a heart, and the Austin community is very regrettable when such an occasion as this takes place in our City. I do think that we, as a City, have demonstrated the community spirit by some one and a half to two million dollars a year in indigent cases; and if the free services that the physicians contribute, were added the amount would be $4,000,000. "In order to be very sure that those people who are absolutely deserving and needing help, we have tried desperately hard to take care of them. We realize that in this kind of a case there are certainly rules and certain regulations that must be adopted, and the Council has done this in the past, and we would hope that all of the Hospitals in the City of Austin, not only Brackenridge, but with the many other Hospitals, that no single person desperately in need of Hospital care would not be able to find it in the City of Austin. "It has been brought to our attention that some abuses have been made of the facilities of Brackenridge. People from out of County and who are not residents of the City have been given treatment at a great cost to the citizens of Austin. I want to say that this type of thing that happened to Linda would not happen again; but I see no February 23, 1967 = CITY OF AUSTIN, TEXAS "need at this time to change the policies that we have now laid down for the Hospital." The City Manager stated the policy is now that no one is refused admission to the Hospital that is admitted by a doctor. Anyone who appears at the Hospital under a doctor's admission is taken if there is room. The question whether one pays or becomes a charity case is determined later in due course. No one is refused admittance because of inability to pay. Councilman Long stated in this particular case the hospital was never in the position to turn the person down. Councilman Shanks stated he knew of no other City that meets up to its community health problems as the City of Austin. The City Manager pointed out Austin was the only City in the State that has the responsibility of a Hospital. Mayor Palmer stated Brackenridge has become more or less a regional hospital, as it served many other counties. 0.E.O. REQUIREMENTS OF THE COORDINATING COMMITTEE COUNCILMAN LARUE reported on the letter from the Office of Economic Opportunity and the question as to whether the City had met the revised requirements pertaining to having the Mayor or some member of the City Council represent- ed on the governing body. MR. VIC EKLERS had confirmed the presence of one of the members of the City Council on this body, Austin did fill all of the requirements. MAYOR PALMER suggested that the Council appoint Mr. LaRue as its official representative. The City Manager reported a contract would need to be formalized between the City and the Human Opportunities Committee, and the contract should recite that the Council had designated one of its members to serve. Councilman Shanks moved that MR. TRAVIS LARUE be the official representative of the City Council on the Human Opportunities Committee. The motion, seconded by Councilman White, carried by the following vote: Ayes: Councilmen Long, Shanks, White, Mayor Palmer Noes: None Present but not voting: Councilman LaRue DATES FOR OPENING BIDS ON DECKER POWER PLANT EQUIPMENT AND DAM The City Manager had a memorandum noting it was necessary to change the dates on taking bids from March 16th to March 30th on the following: Contract X-129 Line Control Pannels Contract X-134 - Prefab Buildings Contract X-111 - Circulating Water Pipe (Added) The memorandum besides requesting approval for receiving bids on Circulating Water pipe on March 30th, requested approval on opening bids on the following on April 13th, 1967: Contract GD-105 - Decker Creek Miscellaneous Dam Construction Fence, Etc. Roads, The Council informally approved the dates for opening these bids. _ CITY OF AUSTIN, TEXAS February 23, 1967 The City Manager called attention to the vacancy on the Building Standards Commission created by resignation of MR.LEO HERZOG, and that an appointment needed to be made to fill the unexpired term. Also MR. S. P. KINSER had resigned from the Planning Commission, leaving a vacancy on that Commission. The Council postponed these appointments until the following week. The City Manager called attention to the Monthly Progress Report on the Electric Department for January. The Mayor referred a letter regarding a Model Cities Conference held in Fort Worth on January 27th to Councilman LaRue. Councilman Long stated she did not think Austin was quite ready to participate. Mayor Palmer read a letter from LOUIE WELCH stating Houston would be the Host City to the 28th Annual Texas Safety Conference and Governors Highway Safety Conference on March 19-22, inviting the officials to this Conference. Councilman Shanks suggested that MR. BOB ARMSTRONG attend this meeting. The Mayor asked that a copy of this letter be furnished to MR. ARMSTRONG and ask if he and members of his Safety Committee could attend. MAYOR PALMER read a letter from HONORABLE DON CAVENESS, House of Representatives announcing that the House of Representatives passed H.B. 149 authoriz- ing agreements between governmental units for the use of recreational facilities. He felt this legislation could be meaningful to the people of Austin in that the City might be able to avail itself of School ground recreational areas and stateowned recreational areas for general summer time use. Councilman Long mentioned Mount Bonnell as an example. MAYOR PALMER had another letter from California regarding Associated Management Consultants. Also a letter from the National League of Cities, regarding Auto Theft Prevention. MAYOR PALMER read a letter from Mr. Tom De Steiguer, regarding the letter from MR. J. F. ALLEN, President, First National Bank of Seagrave, concerning release of JERALD F. ALLEN of all liens. (Document brought before the Council on February 16) MAYOR PALMER read a letter from MR. HOMER GARRISON, Department of Public Safety, pertaining to Natural Disaster, as well as possibility of Nuclear Warfare, stating the State Division of Defense and Disaster Relief was sponsoring its 7th Annual State Conference of Civil Defense Directors on February 27th and 28th, at the Villa Capri Motor Hotel. Officials of the City were invited to attend. The Mayor inquired about the letters regarding the Airline Service. The City Manager suggested that copies should be referred to the City Attorney before referring the letters to the Chamber of Commerce. CITY OF AUSTIN, TEXAS February 23, 1967 TOM MILLER MEMORIAL PLAN The City Manager stated the Director of Recreation had plans for location of the Tom Miller Memorial at the Auditorium outside of the Building on the west side just south of the main entrance. The plan was submitted showing the landscaping also that would be around the statue. MR. DICK PETTWAY had stated this would be quite acceptable to the rest of the Commission, but he wanted to get the approval of the Council first. The Recreation Director stated this would be the Tom Miller Memorial Garden, and could be viewed both from inside the building as well as from the outside. Councilman White suggested that Tom Miller III approve this plan also. Councilman Long moved to accept the plan as presented to the City Council subject to the approval of the Commission and the family. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None There being no further business Councilman White moved that the Council adjourn. The motion, seconded by Councilman LaRue, carried by the following vote: Ayes: Councilmen LaRue, Long, Shanks, White, Mayor Palmer Noes: None The Council adjourned at 4:30 P.M. subject to the call of the Mayor. ATTEST: Grace Monroeс asst. City Clerk APPROVED ない! Mayor