• - CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting November 06, 1969 9:00 Α.Μ. Council Chamber, City Hall The meeting was called to order with Mayor LaRue presiding. Roll Call: Present: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Absent: None Invocation was delivered by REVEREND N. W. BACON, Greater Mount Zion Paptist Church. SPECIAL RECOGNITION KENNY BOSWELL Mayor LaRue announced the Council wanted to recognize a product of Austin's School System, and one in whom they took considerable pride. Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Kenny Boswell is a product of Austin, its public school system and of various schoolboy baseball teams in Austin; and, and, WHEREAS, he is the son of an Austin couple, Mr. and Mrs. Claude Boswell; WHEREAS, he has gone on to become one of the outstanding baseball players in the major leagues; and, WHEREAS, he is a member of the amazing New York Mets; World Champions of our national pastime; and, WHEREAS, Kenny Boswell, by his accomplishments, has brought much honor and credit to the City, his family and all of his former Austin associates who coached or played with him in his Austin school years; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: - CITY OF AUSTIN, TEXAS November 6, 1969 That the feeling of pride of the citizens of Austin in this achievement and their sincere congratulations be conveyed to him by copy of this Resolution as well as their best wishes for his continued future success in his baseball career. WITNESS OUR HANDS AND THE OFFICIAL SEAL OF THE CITY OF AUSTIN, this 6th day of November, 1969, A.D. vote: The motion, seconded by Councilman MacCorkle, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price, Mayor LaRue Noes: None Mayor LaRue presented the Official Resolution to Mr. Kenny Boswell. CHIEF WILLIAM RED FOX Mayor LaRue recognized CHIEF WILLIAM RED FOX, presenting him a certificate making him an honorary citizen of Austin. Chief Red Fox, 99 years old, a recognized authority on Custer's Last Stand, having been on the Battleground some two hours after the Battle of the Little Big Horn; was graduated from Carlisle Indian School, and attended two years of Law School at the University of Wisconsin; spent four years in the U. S. Navy, travelled for 15 years the world over with the Buffalo Bill Cody. Chief Red Fox presented the Mayor with a feathered headdress, making him a 101% American. INVITATIOΝ ΤΟ ΟΡΕΝΙNG OF THE FIRST HALFWAY HOUSE FOR THE DEAF IN THE NATION Mrs. Conn, Social Concern Task Force, Texas Rehabilitation Commission, invited the Council to the opening of Halfway House for the Deaf, 1314 The Circle, at 3:00 P.M., November 16th. She announced this Halfway House for the multiple handicapped deaf was the first in the nation to be established. The Mayor stated circumstances permitting, the Council would be there, and thanked her for the invitation. DISCH FIELD (Butler Tract) - Mr. D. D. Johnson, life member of the Jaycees, who are baseball enthusiasts, and who spearheaded a drive to raise funds to defray the cost of the ball park, read a statement citing the history of the ball park, beginning the early part of 1941, when a group of Jaycees appeared before the Council and discussed the need and building of a ball park. The Jaycees located the tract along the north side of Barton Springs Road, and negotiated for the land with Messrs. Tom and John Butler, for $60,000. The City later acquired the land and the Jaycees raised $16,000 from the merchants and citizens of Austin to pay part of the cost and build the stadium, which had to be deferred due to the Pearl Harbor incident, December 7, 1941. War bonds were purchased with the $16,000. At the end of the war, the Jaycees turned over the money and interest to the City, and the building of the ball park commenced. The City entered into an agreement with Mr. Ed Kneble permitting him to build the park at a cost of $250,000.00, and Mr. Kheble leased the park for $1,000 a year. The park was a successful venture for over 10 years. Mr. Johnson was enthusiastic in trying to get baseball started again in Austin in a big way. _ CITY OF AUSTIN, TEXAS November 6, 1969 : MR. JOHNSON considered baseball and sports as an industry bringing in outside capital. Austin no longer has a major baseball park, and Disch Field had been torn down to the regrets of many who helped contribute to the cost of the building. He suggested that an award in the form of a plaque of commendation be given the Austin Junior Chamber of Commerce, who contributed so much in securing the land before someone else might have bought it for some other use, and for their tireless efforts in having been responsible to see that the ball park became a reality rather than a dream. Mayor LaRue vouched for Mr. Johnson's report, as he well was aware of these endeavors. Members of the Council asked for copies of this statement. EMINENT DOMAIN PROCEEDINGS FOR RIGHT OF WAY The City Manager, Mr. Barker, recommended approval of eminent domain proceedings to give authority to secure the full 1.967 acres of which 1.236 lie within the City limits and will be paid for by the City of Austin, the balance being paid for by the County of Travis. The Resolution quotes the description of land as a conveyance by Bryant Collins to BEN HUR TEMPLE. Councilmen Atkison and Janes disqualified themselves from participating in this matter, as they were each a member of the Ben Hur Shrine. Councilman MacCorkle 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 widening and improvement of the intersection formed by U. S. Highway 183 (Research Boulevard), Loop 275 (North Lamar Boulevard), and Anderson Iane, in the City of Austin, to provide for the free and safe flow of traffic in said area 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 widening and improvement of such intersection in the City of Austin; and, WHEREAS, the City of Austin has negotiated with the owners of said land and has been unable to agree with such owners 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, to-wit: Being two separate tract of land containing 1.967 acres of land, more or less, out of and a part of that certain 22.0 acre tract of land lying and being in the James P. Wallace Survey No. 57 in Travis County, Texas, with the land lying along the U. S. Highway 183 Eastern right of way line and the Loop Highway 275 Western right of way line and being part of the same land described in conveyance to Ben Hur Temple A.A.O.N.M.S. and recorded in the Deed Records of Travis County, Texas, as follows: =CITY OF AUSTIN. TEXAS November 6, 1969 Grantor Date Volume Page Bryant M. Colling Bryant M. Collins August 2, 1955 December 24, 1955 1610 119 1797 536 PART I. 0.619 of one acre of land, more or less, described by metes and bounds as follows: BEGINNING at a nail in the existing East right of way line of U. S. Highway 183, said nail being the Southwest corner of the 20.0 acre tract of land described in Volume 1610, Page 119, Deed Records of Travis County, Texas, and being located 45.00 feet to the left of and at right angles to the proposed Engineer's left lane centerline station 372-84.31; THENCE, S62° 31' E, 94.59 feet with the South line of the said 20.0 acre tract to a point on the proposed Esst right of way of U. S. Highway 183, from wi which an iron pin at the most Southerly corner of the said 20.0 acre tract bears S 62° 31' E, at 477.90 feet; THENCE, N 20° 33' W, 852.12 feet with the said proposed Fast right of way line to a brass right of way marker embedded in concrete on the said existing East right of way line, said marker being 45.00 feet to the left of and at right angles to the proposed Engineer's left lane centerline station 364.99.97; THENCE, S 15° 56' E, 784.34 feet along the said exisiting East right of way line and the West line of the said 20.0 acre tract to the point of beginning and containing 0.619 of one acre of land, more or less all of which lies outside the Corporate Limits of the City of Austin. PART II. 1.348 acres of land, more or less, neing described by metes and bounds as follows: BEGINNING at a point in the existing West right of way line of Loop 275, said point being the Southeast corner of the 2.0 acre tract of land described in Volume 1797, Page 536, Deed Records of Travis County, Texas, and being located 58.95 feet to the right of and at right angles to the proposed Engineer's left lane centerline station 157+84.40; THENCE, N 62° 33' W, 185.49 feet with the South line of the said 2.0 acre tract to a point on the proposed West right of way line of Loop 275, from which an iron pin at the Southwest corner of the said 2.0 acre tract, same being the most Southerly corner of the said 20.0 acre tract bears N 62° 33' W, at 64.41 feet; THENCE, along yhe said proposed West right of way line the following courses : N 42° 07' E, 55.29 feet to a point, same being 90.00 feet to the left of and at right angles to the said proposed Engineers' left lane centerline station 158+00.00; N 48° 24' E, 312.29 feet to a point, same being 90.00 feet to the left of and at right angles to the said proposed Engineer's left lane centerline station 161+ 00.00; tract; N 56° 40' E, 5.73 feet to a point on the Nor h Line of the said 2.0 acre _ CITY OF AUSTIN, TEXAS November 6, 1969 THENCE, S 62° 30' E, 146.49 feet with the said North line to a point at the Northeast corner of the said 2.0 acre tract, said point being on the said existing West right of way line; THENCE, along the said existing West right of way line with a curve to the left, having a radius of 7,689.44 feet, for an arc distance of 361.30 feet, for which a chord bears S 41° 47' W, at 361.26 feet, to the point of beginning and containing 1.348 acres of land, more or less, of which 0.112 of one acre, more or less, lies outside the Corporate Limits of the City of Austin. SUMMARY: PART 1 PART 11 TOTAL 0.619 Acre 1.348 Acres 1.967 Acres All bearings and distances are based on the Texas Plane Coordinate System, Central Zone (3). The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Cage, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Present but not voting: Councilmen Atkison, Janes Councilman Gage 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 widening and improvement of the intersection formed by U. S. Highway 183 (Research Boulevard), Loop 275 (North Lamar Boulevard oulevard), and Anderson Lane, in the City of Austin, to provide for the free and safe flow of traffic in said area 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 widening and improvement of such intersection in the City of Austin; and, WHEREAS, the City of Austin has negotiated with the owners of said land and has been unable to agree with such owners 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, to-wit: Being 0.717 of one acre of land, more or less, out of and a part of a 4.21 acre tract of land lying and being in the James P. Wallace Survey No. 57 in Travis County, Texas, said 4.21 acre tract being a part of the same land conveyed from American Legion Post No. 76 to Printing Craft, Inc. by Deed dated September 2, 1964, and recorded in Volume 2891, Page 465, Deed Records of Travis County, Texas, said 0.717 of one acre of land, more, or less, being more particularly described by metes and bounds as follows: _ CITY OF AUSTIN, TEXAS November 6, 1969 BEGINNING at a point at the Grantor's Northeast property corner, same being on the existing West right of way line of Loop 275, and being 20.73 feet to the right of and at right angles to the proposed Engineer's left lane centerline station 164 54.12; THENCE, along the said existing West right of way line, same being the Grantor's East property line, with a curvey to the left, having a radius of 7,689. 44 feet, for an arc distance of 299.60 feet, for which a chord bears S 44° 15' W, at 299.58 feet, to a point at the Grantor's Southeast property corner; THENCE, N 62° 30' W, 146.49 feet with the Grantor's South property line to a point on the proposed West right of way line of Loop 275; THENCE, N 56° 40' E, 281.38 feet with the said proposed West right of way line to a point 50.00 feet to the left of and at right angles to the said proposed Engineer's left lane centerline station 163 77.64; THENCE, continuing with the said proposed West right of way line N 51° 38' E, 45.13 feet to a point on the Grantor's North Property line, from which an iron pin at the Grantor's Northwest property corner bears N 62° 30' W, at 605.40 feet; THENCE, S 62° 30' E, 77.23 feet with the said North property line at the point of BEGINNING. All bearings and distances are based on Texas Plane Coordinate System, Central Zone (3). The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price, Mayor La Rue Noes: None REFUND CONTRACT Mayor LaRue introduced the following ordinance: AN ORDINANCE AUTHORIZING THE ASSISTANT TO THE CITY MANAGER TO ENTER INTO A CERTAIN CONTRACT WITH WESTCREST, INCORPORATED FOR THE APPROPRIATION OF MONEY PAID TO THE CITY OF AUSTIN UNDER SUCH CONTRACT; AND DECLARING AN EMERGENCY. The ordinance ware read the first time and Councilman Janes moved that the rule be suspended and the ordinance pass to its second reading. The motion, seconded by Councilman Price carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Noes: None Mayor La Rue The ordinance was read the second time and Councilman Janes moved that the rule be suspended and the ordinance pass to its third reading. The motion, seconded by Councilman Price carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None CITY OF AUSTIN. TEXAS November 6, 1969 The ordinance was read the third time and Councilman Janes moved that the ordinance be finally passed. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None The Mayor announced the ordinance had been finally passed. CONTRACT The City Manager submitted the following: "TO: Mr. F. D. Glenn - Purchasing Agent "DATE: November 3, 1969 "SUBJECT: Bid Request 9177X, 138 KV Insulators "Bids were opened at 10:00 A.M., October 13, 1969, for 36 138 KV insulators. "We have not purchased any of the subject 138 KV insulators and do not have any record of past prices. We had estimated the cost of the insulators to be approximately $205.00. "Payment is to be made from current funds, if available, or authorized bond funds in the 1970 Fiscal Year and charged to account number 81135600. "The construction of an overpass structure on MoPac Boulevard will compel us to relocate 69 KV circuit number 810, Northland Substation to Magnesium Plant Substation. Iong range plans call for converting this circuit to 138 KV operation in the future. The relocated section will be insulated for 138 KV at the time of relocation. "Bid prices were received as shown below: "Elgin B. Robertson, Houston $190.25 each, Total $6,849.00 "Priester-Mell Company, Austin $200.26 each, Total $7,209.36 "We recommend the award of the order to Flgin B. Robertson on the basis of low bid and compliance with specifications. "FROM: R. L. Hancock Asst. Director, Electric Utility "SIGNED: R. L. Hancock CITY OF AUSTIN, TEXAS November 6, 1969 Councilman MacCorkle offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on October 20, 1969, for the purchase of thirty six (36) each 138 KV Insulators for the Electric Distribution Division; and, WHEREAS, the bid of Elgin B. Robertson, Inc., in the sum of $6,849.00, was the lowest and best bid therefor and the acceptance of such bid 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 bid of Elgin B. Robertson, Inc., in the sum of $6,849.00, be and the same is hereby accepted, and that Norman McK Parker, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City, with Elgin B. Robertson, Inc. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None ΑΡΡΟΙΝΤΜΕNT OF ARCHITECT The City Manager explained the expansion of the PARD Administrative Office already had been approved in effect by the City Council, and this is the request of the Director of Recreation to engage an architect for the expansion of this facility, estimated to be between $25,000 and $50,000. The policy of appointing an architect has been reserved for the City Council. The staff calls attention to the Council and recommends the appointment of MR. EARL DILLARD, as he was associated with the Architect on the original construction. This is budgeted bond money. Councilman MacCorkle moved the Council authorize the architectural contract with Mr. Farl Dillard. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None SPECIAL RECOGNITION - PROCLAMATION MUSCULAR DYSTROPHY WEEK MAYOR LARUE noted in the Council Chamber a very young lady from Saginaw, Michigan, the Poster Girl for Muscular Dystrophy Week. He read the Proclamation, setting November 6 through D cember 6, as Muscular Dystrophy Month in Austin, and urging all citizens to fully support the work of the Muscular Dystrophy Association of America. He presented the Original Proclamation to the young person. CITY OF AUSTIN, TEXAS November 6, 1969 ZONING APPLICATIONS Pursuant to published notice thereof the following zoning applications were publicly heard: KIRBY W. PERRY By Conway Taylor 206 West 38th Street 207 West 38 Street From "B" Residence 2nd Height and Area To "0" Office 2nd Height and Area RECOMMENDED By the Planning Commission Councilman MacCorkle moved that the change from "B" Residence 2nd Height and Area to "O" Office 2nd Height and Area be granted. The motion, seconded by Councilman Cage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Noes: None Mayor Is Rue The Mayor announced that the change to "O" Office 2nd Height and Area had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. A. E. RHODES 3701 Tom Green Street From "A" Residence To "B" Residence RECOMMENDED By the Planning Commission Councilman Janes' moved that the change from "A" Residence to "B" Residence be granted. The motion, seconded by Councilman Cage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None The Mayor announced that the change to "B" Residence had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. LEROY BEDNAR 4111-4113 Marathon Blvd. From "A" Residence Tb "0" Office RECOMMENDED By the Planning Commission Councilman Price moved that the change from "A" Residence to "O" Office be granted. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None - CITY OF AUSTIN, TEXAS November 6, 1969 The Mayor announced that the change to "O" Office had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. MIKE ARNN By John B. Selman 2213 Bluebonnet Lane From "A" Residence To "B" Residence RECOMMENDED By the Planning Commission Councilman Janes moved that the change from "A" Residence to "B" Residence be granted. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None The Mayor announced that the change to "B" Residence had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. - TENNIE TAYLOR By Terry J. Sasser 1108 East 51st Street From "A" Residence To "C" Commercial RECOMMENDED Subject to r-o-w for widening E. 51st Street by the Planning Com- mission Councilman Janes moved that the change from "A" Residence to "C" Commercial The motion, seconded by Councilman Atkison, carried by the following be granted. vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None The Mayor announced that the change to "C" Commercial had been granted subject to the right of way for widening East 51st Street, and the City Attorney was instructed to draw the necessary ordinance to cover. FRED B. WERKENTHIN 6101-6403 Bolm Road Rear of 876-998 Ed Bluestein Blvd. 750-826 Ed Bluestein Boulevard From Interim "A" Residence 1st Height and Area To "B" Residence 1st Height and Area RECOMMENDED subject to r-o-w for future widening of Bolm Road and subject to change in Master Plan for Manufacturing to Medium Density Residential by Planning Commission CITY OF AUSTIN, TEXAS November 6, 1969 Councilman Gage moved that the change from Interim "A" Residence 1st Height and Area to "B" Residence 1st Height and Area be granted. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None The Mayor announced that the change to "B" Residence 1st Height and Area had been granted subject to the right of way for future widening of Bolm Road and subject to change in the Master Plan for Manufacturing to Medium Density Residential and the City Attorney was instructed to draw the necessary ordinance to cover. : JOHN O. RANEY 120-124 Alpine Road From "B" Residence 3rd Height and Area To "C" Commercial 3rd Height and Area NOT Recommended RECOMMENDED "O" Office 3rd Height and Area subject to 5' of r-o-w for Alpine Rd. By Planning Commission Councilman Price moved that the change from "B" Residence 3rd Height and Area to "O" Office 3rd Height and Area subject to 5' of right of way for Alpine Road had been granted. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The Mayor announced that the change to "O" Office 3rd Height and Area had been granted subject to 5' of right of way for Alpine Road and the City Attorney was instructed to draw the necessary ordinance to cover. DAVID L. HEARN By George Hyde 3717-3811 Manchaca Road From "A" Residence lst Height and Area To "IR" Local Retail 2nd Height and Area NOT Recommended RECOMMENDED "O" Office lst Height and Area by Planning Commission Councilman Janes moved that the change from "A" Residence 1st Height and A Area to "O" Office 1st Height and Area be granted. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None • _ CITY OF AUSTIN, TEXAS November 6, 1969 The Mayor announced that the change to "O" Office 1st Height and Area had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. : MARIE NOACK, E, J. ALFF, JR. & JOSEPHINE NENDELL By Martin Nassour 2000-2008 East 19th St. 1900-1910 Alamo Street 2001-2009 Fast 20th St. 1901-1911 Poquito From "A" Residence To "C" Commercial NOT Recommended RECOMMENDED "LR" Local Retail for south fronting on E. 19th Street; "BB" Resi- dence for north fronting on E. 20th St.3; subject to 15' r-o-w for E. 19th St., 5' r-o-w for E. 20th St., 7' r-o-w for Poquito St. and 7'r-o-w for Alamo St. By the Planning Commission No one appeared to be heard. The Assistant Planning Director reported the applicants were interested in selling the block. "IR" is compatible with Zoning across the street. The Planning Commission recommended "BB" for the remaining portion of the block. Councilman Janes moved that the change from "A" Residence District to the recommendation of the Planning Commission be granted. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Cage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None The Mayor announced that the change to "IR" Local Retail, "BB" Residence had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. W. H. BULLARD 2003 Airport Boulevard From "C" Commercial Tb "C-2" Commercial RECOMMENDED By the Planning Commission Councilman Price moved that the change from "C" Commercial to "C-2" Commercial be granted. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The Mayor announced that the change to "C-2" Commercial had been granted and the City Attorney was instructed to draw the necessary ordinance to cover. _ CITY OF AUSTIN, TEXAS November 6, 1969 • WILLIAM MARK DAY By Jack Dempsey 6313-6325 Cameron Road 6327-6417 State Highway 20 1335-1401 Wheless Lane From "GR" General Retail TO "C-2" Commercial RECOMMENDED BY the Planning Commission MR. ROBERT SNEED, representing the applicant, said this change of zoning was requested for on premises consumption or for the operation of a liquor store. The zoning was recommended by the Planning Staff Planning Committee, and by a majority of the Planning Commission. He displayed a schematic drawing of the proposed shopping center showing the location of the proposed lounge, which would be a part of the overall center. He pointed out areas zoned "C-2", and a pizza parlor where beer was sold. This application is limited to a particular area. He said opposition was expressed as such a place would be detrimental to teenagers, to whom of course, no alcohol could be sold, or the lounge would cease to operate. There would be no pool halls or coin operated games on the premises. It was his understanding that the lessees had agreed to the particular provisions mentioned. There would be no light damage, as there would be a 6' privacy fence, and the building was sound proof. MR. MARSHAL EDWARDS, Minister of Windsor Park Baptist Church, representing a large number of people, expressed opposition. He had filed a petition containing 250 names of those in the area protesting the zoining; also a Resolution unanimously passed by the Windsor Baptist Church of 1200 members who objected to rezoning this property. A large number attended the Council meeting and stood to be counted. The lounge or tavern is very close to many residential homes in the area, one home being less than 250' from the back of the establishment. Many lives and homes will be affected by this development. Reverend Edwards noted the Police Department had been called to the pizza pardor many times in the last five weeks. Another tavern ould increase this type of problem. He reported this request for opposition came to him from irate young people, stating that they did not produce dirty movies, put out propaganda nor build taverns. Many Reagan students come to this shopping center. The Minister asked, "Was this the best for the dollar's worth and big business, or the best for the people?" He urged that the change NOT be granted. MR. DILLY M. KELLY, speaking as a parent and administrator of the school asked the Council to give serious thought to permittting such a business across the street from one of the largest high schools in Austin. MR. SNEED, in rebuttal, asked the Council to look at the property in relationship to its proximity to Reagan High School. He mentioned children's watching football games on TV and seeing much about beer in front of them, and narrators going into great details about the merits of beer. He explained there was not way to keep children from being exposed to seeing or hearing about beer. This application deals with the standards of the City with regulations and not whether or not beer can be sold. Councilman Gage, stated in the shopping center, the A & P sells wine; the pizza parlor sells beer; there is a liquor store; across the street is Cameron Lounge, and a 7-11 store across the street from Reagan School sells beer to go. The Council discussed the application among itself and with the attorney for the applicant. : : CITY OF AUSTIN, TEXAS November 6, 1969 DORIS RICHTER noted the noise element was outside the building late at night-- people gun their motors, honk, curse, talk loudly, fight, and sing. MR. NELSON PUETT stated he had developed a number of shopping centers, and that if Mr. Day, a friend of his, wants to kill a shopping center, he can just put a tavern or lounge in it. This will not be good for Bill inthe long run; nor is it good for the City of Austin to have those lounges. The Council wanted to make an onsite inspection of this location. Councilman Price wanted to visit among the people and see if the Council had all of the sentiments of the people in the community. Mayor LaRue stated the Council would go look at the area and arrive at a decision. NELSON PUETT 1629-1647 Rutland Drive From Interim "A" Residence 1st Height and Area To "GR" General Retail 2nd Height and Area NOT Recommended RECOMMENDED "BB" Residence 1st Height and Area subject to 25' building setback line along the east property line; solid fence along EPL extension of Colony Creek Drive. & Roundberg Iane; r-o-w for future widening of Peyton Gin Road by the Planning Commission MR. NELSON PUETT asked for a seven-day extension of the hearing, as he was selling this property within that time. Mayor LaRue explained there was some to be heard in opposition, and that the Council would let those present their views, and hear Mr. Puett the following week. This was agreeable to Mr. Puett. MR. R. W. COIL, 9006 Pointers Lane West, erported having filed a petition in opposition with the Zoning Committee, the petition bearing signatures of all families currently in Quail Creek West. He furnished the Council a copy of this petition in which vigorous protest to any change of zoning was expressed. Justification for the opposition was: devaluation of new residential property after rezoning; and already semi-congested traffic condition generated by the schools; and by the fact Peyton Gin Road is a principle link between U. S. 183 and IH 35, the traffic would be multiplied many fold by development possible after this zoning change. Increased environmental pollutions as to the air, and physical rubbish, trash, etc., brought about by the proposed development, would continually harass family life, and increase health hazards to the residents. Development exceeding single residence height limits, includes signs, billboards, service station standards, parking lot lights, multi-level apartments, etc., a perpetual invasion of privacy for home : _ CITY OF AUSTIN, TEXAS November 6, 1969 week. owners adjacent or nearby. No9se, littering, disruptive character of all-night and drive-in variety restaurants; all-hours truck activities, etc., all inconsistent with residential environment. Should a commercial center develop, property adjacent would become more valuable as commercial land, but would do the homeowner no good at all. He noted the current housing situation with the influx of new industry, and the amount of money the owners had to pay for their homes at this time, creating a significant investment. Mayor LaRue announced this application would be held in abeyance until next WESLEY PEARSON Tract 1 3800-3810 So. Congress 101-123 Post Road Drive 100-124 Krebs Road Tract 2 From "A" Residence 1st Height and Area and "C" Commercial 6th Height and Area To "DL" Light Industrial 3rd Height and Area 118-120 Post Road Drive From "A" Residence 1st Height and Area and "C" 6th Commercial Height and Area To "B" Residence 1st Height and Area RECOMMENDED subject to r-o-w for widening Post Road dr.; and with condition that if Tract 2 is not used for parking purposes only the zoning would revert to existing "A" Residence 1st Height and Area by Planning Commission MR. WESLEY PEARSON had been called out of the City. Mayor LaRue stated the hearing would be continued and the Council would hear anyone interested in this zoning case. MR. A. L. HOEFELDER, 114 and 112 Post Road Drive, displayed pictures showing cars parked across the highway on state property. He did not want a parking lot coming up to 7' from his house. He had lived at this location 34 years; worked along with the City giving easements for sanitary sewers and a storm sewer, and helped in the building. His renters work at night. A parking lot next to them with the excessive noises would decrease the value of his property and destroy the rental of the property. The street is in a dead-end, and narrow, and the big trucks which could not turn around on this street, and their backing up to the business, honking their horns, and causing confusion. She did not want this next door to her home. Mayor LaRue announced this application would be carried over until next week. • CITY OF AUSTIN, TEXAS November 6, 1969 ROSS D. TERRY ESTATE By Robert H. McIntyre 4507-4509 No. Inter- regional Highway 4506-4508 Elwood Road. From "A" Residence 1st & 5th Height and Area To "C" Commercial 1st & 5th Height and Area NOT Recommended RECOMMENDED "O" Office 5th Height and Area on front portion of tract and retain "A" Residence 1st Height and Area on balance of tracy by the Planning Com- mission MR. ROBERT MCINTYRE, Trust Officer of the Austin National Bank administering the estate of Ross D. Terry said no plans for the development of this area were in the making now; however due to extensive frontage on the Interregional, they would like to develop the tract to its highest and best use. The Highway Depart- ment is taking approximately 20' off this property, as well as from other residences next to this property, reducing the desirability for residential use at these locations. Opposition was expressed by MR. HOWARD MOORE, 4331 Airport Boulevard, who filed a petition objecting to any zoning change, pointing out the property was surrounded on three sides by property with deed re- strictions for "A" Residence 5th Height and Area. The only property zoned "C" Commercial is a block away and is developed as an apartment use, creating traffic and parking problems in this area. MR. EARL DEATHE, 1208 Fernwood Road, objected, stating the apartment house had created problems in his block, as he could not enter into his driveway for parked cars. MR. JOE MANOR urged that this zoning change not be granted, as any more commercial would only create more chaos. MR. CALVIN WALLACE appeared in protest. MR. DAN KILLEN filed a petition signed by a sufficient number of property owners within 200' of the property to require six votes to make any change from "A" Residence. COUNCILMAN JANES disqualified himself from participating in any way in this zoning application, as he was a Director of the Bank. COUNCILMAN GAGE, stated he did not think in good conscience that he could vote to grant the zoning, in that the rear lots facing Elwood Road are zoned "A" Residential and cannot be used for any other purpose except "A" Residential. No driveway could be put through nor parking facilities could be placed upon this tract. Councilman gage moved that the zoning as recommended by the Planning commission ("0" 5th Height and Area for the front portion of the tract facing Elwood Road and "A" for the rear tract facing Interregional Highway.) There being no second, Mayor LaRue ruled the motion died for the lack of a second. The Mayor announced that the change had been denied. NATIVIDAD CARMONA =CITY OF AUSTIN, TEXAS November 6, 1969 - 2500 Fast 6th Street From "D" Industrial 3rd Height and Area To "C-2" Commercial 3rd Height and Area NOT Recommended by the Planning Commission No one appeared to represent the applicant. Opposition was expressed by MRS. DORIS RICHTER, stating the applicants wanted to use this lot for a tavern. She pointed out the disadvantages to the neighborhood in making a tavern development -- narrow street; the bad situation at the intersection; people park in front of the fire plug, and in the safety zone before entering the intersection; there is no off street parking; the area is composed of many elderly people, many who cannot understand English. The tavern on the corner is a nuisance, as after closing hours there are bts of noises, gunshots, and fights. This is a neighborhood of 50 homeowners. She asked that the Council deny this request. MR. LOUIS ROCHA, 5407 Link Avenue, speaking for MR. MARTIN TORRES, who lives next door to the proposed tavern, protested the rezoning due to the bottles that will be thrown there, drunks, and chaotic parking. Councilman Janes moved the Council uphold the recommendation of the Planning Commission and deny the change. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The Mayor announced that the change had been denied. B. V. DICKSON 1201-1203 Fast 2nd Street 111-115 Waller Street From "A" Residence 2nd Height and Area To "B" Residence 2nd Height and Area NOT Recommended by the Planning Commission MR. CARL SHOOTER stated he had a few scattered rent houses in the area, and he had worked his house over, and was instrumental in getting others to paint their homes. The people in the neighborhood do not want the zoning changed. Councilman Bage moved that the change to "B" Residence 2nd Height and Area be denied. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, MacCorkle, Price, Mayor LaRue Noes: None Present but not voting: Councilman Johnson - CITY OF AUSTIN. TEXAS November 6, 1969 The Mayor announced that the change had been denied. HORACE THOMPSON 4105-4109 Avenue G From "A" Residence To "B" Residence NOT Recommended MR. HAROLD BYLER, represented the applicant stating four girls were moved 10 blocks north to this location. In the zoning, the City required that two sinks be torn out. They are requesting this zoning so that the sinks can be installed. Opposition was expressed by GONZALES GIRTH, 4109 Avenue G, asking that the nice residential areas be preserved, and filed a petition in opposition signed by 68 people living in the immediate block and spreading out from 38th to 43rd along Speedway and Duval. He gave a background of this location and use, stating in December they were given a variance. Different owners moved in prefab structures. There are now seven water and light meters, and six telephone lines, six mailboxes and seven cars. At the October 6th hearing before the Zoning Committee, the Planning Staff recommended that a change not be granted. The Committee was split two to two against the request for "BB" Residence. He believed there were more than just two duplexes, since there are so many telephone lines, utility meters, and cars. MR. BYLER stated this was in an apartment area, and pointed out various multi-family developments in the area. MRS. IRENE SMITH, property owner on 43rd Street saw no reason why this should not be "B" Residence. MR. GIRTH challenged the building of apartment houses within the limits of the city ordinances when these structures can be moved in on wheels in the middle of the night. Councilman Gage moved the Council uphold the recommendation of the Planning Commission and deny the application. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The Mayor announced that the change had been denied. ΑΝΝΕΧATION ORDINANCES Final Passage Mayor LaRue brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 93.89 ACRES OF LAND OUT OF AND A PART OF THE JAMES P. WALLACE SURVEY NO. 57 AND THE JOHN APPLEGAIT AND WILLIS AVERY SURVEYS 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. CITY OF AUSTIN, TEXAS November 6, 1969 The ordinance was read the third time and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Noes: None Mayor La Rue The Mayor announced that the ordinance had been finally passed. Mayor IaRue brought up the following ordinance for its third reading. AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 70.71 ACRES OF LAND OUT OF AND A PART OF THE GEORGE W. DAVIS 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. The ordinance was read the third time and Councilman Johnson moved that the ordinance be finally passed. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Cage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue brought up the following ordinance for its third reading. AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 55.10 ACRES OF LAND OUT OF AND A PART OF THE JAMES P. WALLACE SURVEY NO. 57 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. The ordinance was read the third time and Councilman Gage moved that the ordinance be finally passed. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue brought up the following ordinance for its third reading. AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING _ CITY OF AUSTIN, TEXAS November 6, 1969 : OF 12.40 ACRES OF LAND OUT OF AND A PART OF THE J. A. G. BROOKS, JOHN APPLEGAIT AND THE H. T. DAVIS SURVEYS 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. The ordinance was read the third time and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 10.79 ACRES OF LAND OUT OF AND A PART OF THE GEORGE W. DAVIS 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. The ordinance was read the third time and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 6.89 ACRES OF LAND OUT OF THE J. A. G. BROOKS SURVEY AND 6.20 ACRES OF LAND OUT OF THE JAMES P. WALLACE SURVEY NO. 57, ALL BEING LOCATED 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. The ordinance was read the third time and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. -CITY OF AUSTIN, TEXAS November 6, 1969 : : Mayor LaRue brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 13.32 ACRES OF LAND, SAME BEING FOUR (4) TRACTS OF LAND OUT OF AND A PART OF THE GEORGE W. DAVIS SURVEY AND THE JAMES P. WALLACE SURVEY NO. 57 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. The ordinance was read the third time and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 53.72 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE JAMES P. WALLACE SURVEY NO. 57; AND 26.63 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE JAMES P. WALLACE SURVEY NO. 57; ALL BEING LOCATED 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. The ordinance was read the third time and Councilman Gage moved that the portion pertaining to 53.72 acres of land out of the James P. Wallace Survey No.57 be finally passed. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Cage, Janes, Johnson, Price, Mayor LaRue Noes: Councilman Atkison Present but not voting: Councilman Mac Corkle The ordinance was read the third time and Councilman Johnson moved that the portion pertaining to 26.63 acres of land out of the James P. Wallace Survey No.57 be finally passed. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Atkison, Johnson, MacCorkle, Price, Mayor LaRue Noes: Councilmen Cage, Janes The Mayor announced that the ordinance had been finally passed. Mayor LaRue brought up the following ordinance for its third reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CITY OF AUSTIN, TEXAS November 6, 1969 • CONSISTING OF 2.09 ACRES 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. The ordinance was read the third time and Councilman Johnson moved that the ordinance be finally passed. The mostion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. ΑΝΝΕΧΑΤΙON ORDINANCE Second Reading Mayor LaRue brought up the following ordinance for its second reading: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 300.73 ACRES OF LAND OUT OF AND A PART OF THE GEORGE W. DAVIS SURVEY, THE JAMES P. DAVIS SURVEY AND THE T. J. CHAMBERS GRANT 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. The ordinance was read the second time and Councilman Prive moved that the ordinance pass to its third reading. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Mac Corkle, Price, Mayor LaRue Noes: Councilmen Janes and Johnson Present but not voting: Councilman Gage The Mayor announced that the ordinance had been passed to its third reading. Mayor LaRue brought up the following ordinance for its third reading: AN ORDINANCE AMENDING THE SEVERAL PROVISIONS OF CHAPTER 42 OF THE AUSTIN CITY CODE OF 1967 SO AS TO INCLUDE PLUMBING FIXTURES AND PIPING COMPOSED OF NEWER MATERIALS AMONG THE SUBJECT MATTER OF THE CHAPTER; PROVIDING AN EXCEPTION FOR THE MANNER OF FITTING AND JOINING INACCESSIBLE PIPES OF THE WATER DISTRIBUTION SYSTEM; FURTHER PROVIDING FOR THE MANNER OF CONSTRUCTING RELIEF VALVE DISCHARGING FROM WATER HEATERS; AND PROVIDING AN EFFECTIVE DATE. The ordinance was read the third time and Councilman Cage moved that the ordinance be finally passed. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None CITY OF AUSTIN, TEXAS November 6, 1969 The Mayor announced that the ordinance had been finally passed. ZONING ORDINANCES Mayor LaRue introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: LOT 19 AND NORTH 106' OF LOT 20, BLOCK 1 OF FREDERICKSBURG ROAD ACRES, LOCALLY KNOWN AS 2301-2311 THORNTON ROAD, FROM "A" RESIDENCE DISTRICT TO "C" COMMERCIAL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Johnson moved that the rule be suspended and the ordinance pass to its second reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The ordinance was read the second time and Councilman Johnson moved that the rule be suspended and the ordinance pass to its third reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None The ordinance was read the third time and Councilman Johnson moved that the ordinance be finally passed. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: LOTS 1 AND 2, SECTION 1, WOOTEN PARK SUBDIVISION, LOCALLY KNOWN AS 1506-1510 ANDERSON LANE AND 7900-7902 BURRELL DRIVE, FROM "O" OFFICE DISTRICT TO "GR" GENERAL RETAIL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Price moved that the rule be suspended and the ordinance pass to its second reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None CITY OF AUSTIN, TEXAS November 6, 1969 : The ordinance was read the second time and Councilman Price moved that the rule be suspended and the ordinance pass to its third reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The ordinance was read the third time and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilman Cage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND CHANGING THE USE MAPS ACCOMPANYING CHAPYER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: A 10,000 SQUARE FOOT TRACT OF LAND OUT OF THE HENRY P. HILL LEAGUE, LOCALLY KNOWN AS 2416-2418 SOUTH LAMAR BOULEVARD, FROM "C" COMMERCIAL DISTRICT TO "C-2" COMMERCIAL DISTRICT; SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS, AND SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Price moved that the rule be suspended and the ordinance pass to its second reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The ordinance was read the second time and Councilman Price moved that the rule be suspended and the ordinance pass to its second reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None The ordinance was read the third time and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. CITY OF AUSTIN, TEXAS November6, 1969 Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, it has been decided by the City Council to develop Brush Square of the City in the manner so as to preserve, for the time being, much of the area thereof, without having such preservation being construed in any manner as having dedicated said square for public park purposes; and, WHEREAS, in order to make clear its intent with regard to said Brush Square, it is deemed desirable to adopt a Resolution setting forth its intentions with regard to said Brush Square; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That, the aforementioned Brush Square, designated as a public square by virtue of the certain map or plat of the Original City of Austin, which map or plat is on file in the General Land Office of the State of Texas, be improved pursuant to that certain plan which was presented to the City Council on the 9th day of October, 1969, which plan was approved by the said City Council; and, BE IT FURTHER RESOLVED: That the improvements herein mentioned of said Brush Square be deemed to be consistent with a public square, and that it in no way should be deemed to be a dedication of such square as a park, and that the City Manager be authorized to use such appropriate funds to carry out said improvements. The motion, seconded by Councilman Cage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None PURCHASE OF MOTORCYCLES The consideration of purchase of ten (10) three wheel police motorcycles was discussed and continued for 30 days. The City Manager is to supply more information to the Council. ΑΝΝΕΧΑΤΙON Mayor LaRue introduced the following ordinance: AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF AUSTIN AND THE ANNEXATION OF CERTAIN ADDITIONAL TERRITORY CONSISTING OF 19.07 ACRES OF LAND, SAME BEING TWO (2) TRACTS OF LAND OUT OF AND A PART OF THE WILLIAM CANNON LEAGUE AND THE SANTIAGO DEL VALLE GRANT 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. Councilman Gage 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 November 20, 1969, at 9:30 A.M. CITY OF AUSTIN, TEXAS November 6, 1969 The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None ORDINANCE VACATING STREET Mayor LaRue introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE THAT CERTAIN PORTION OF EAST 19TH STREET ALLEY, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; RETAINING AN EASEMENT IN THE CITY FOR DRAINAGE 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 Johnson moved that the The motion, rule be suspended and the ordinance pass to its second reading. seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None The ordinance was read the second time and Councilman Johnson moved that the rule be suspended and the ordinance pass to its third reading. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor IaRue Noes: None The ordinance was read the third time and Councilman Johnson moved that the ordinance be finally passed. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING FOR PUBLIC USE THOSE CERTAIN PORTIONS OF BELMOOR DRIVE AND DEXMOOR DRIVE STREET AREAS IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS; RETAINING AN EASEMENT 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 MacCorkle, moved that the rule be suspended and the ordinance pass to its second reading. The motion, • CITY OF AUSTIN, TEXAS November 6, 1969 seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Noes: None Mayor LaRue The ordinance was read the second time and Councilman Mac Corkle moved that the rule be suspended and the ordinance pass to its third reading. The motion, seconded by Councilman Cage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The ordinance was read the third time and Councilman MacCorkle moved that the ordinance be finally passed. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. Councilman Janes 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 a part of Lot 10-A of a resubdivision of Lots 10 and 11, Block A, South Iamar Square, a subdivision in the City of Austin, Travis County, Texas; a map or plat of South Lamar Square being of record in Book 35 at Page 22 of the Plat Records of Travis County, Texas and a map or plat of the resubdivision of Lots 10 and 11, Block A, South Lamar Square, being of record in Book 44 at page 21 of the Flat Records of Travis County, Texas; and, WHEREAS, the owners of the above described property have 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 not now needed and will not be required in the future, SAVE AND EXCEPT there is to be retained an electric overhead easement over and across the entire public utilities easement to be released; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Associate 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 be released. Said portion to be released being more particularly described as follows: =CITY OF AUSTIN, TEXAS November 6, 1969 • A strip of land five (5.00) feet in width, same being out of and a part of Iot 10-A of a resubdivision of lots 10 and 11, Block A, South Lamar Square, a subdivision in the City of Austin, Travis County, Texas; a map or plat of South Lamar Square being of record in Book 35 at Page 22 of the Plat Records of Travis County, Texas and a map or plat of the resubdivision of lots 10 and 11, Block A, South Iamar Square, being of record in Book 44 at Page 21 of the Plat Records of Travis County, Texas; the centerline of said strip of land five (5.00) feet in width being more particularly described as follows: BEGINNING at the intersection of the south line of said Lot 10-A, Block A, and a line seven and one-half (7.50) feet east of and parallel to the west line of said Lot 10-A; THENCE, with the said line seven and one-half (7.50) feet east of and parallel to the west line of Lot 10-A, in a northeasterly direction 100 feet, more or less, to point of termination in the south line of an existing public utilities easement ten (10.00) feet in width. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor LaRue Noes: None A Resolution awarding contract to H & H CONSTRUCTION COMPANY for the installation of 6,497 1f. of 66" and 204 lf. of 42" water transmission main ($980,671.00) was delayed by the Council for one week for more background and information. Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on October 24, 1969, for clarifier equipment and appurtenances for the Govalle Auxiliary Facilities at the Govalle Wastewater Treatment Plant; and, WHEREAS, the bid of Robert H. Pyle, Inc., in the sum of $100,618.00, was the Lowest and best bid therefor and the acceptance of such bid has been recommended by the Associate Director of Water and Wastewater Treatment 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 Robert H. Pyle, Inc., in the sum of $100,618.00, be and the same is hereby accepted, and that Norman McK Parker, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City, with Robert H. Pyle, Inc. - CITY OF AUSTIN, TEXAS November 6, 1969 The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None SALE OF HOUSES The City Manager submitted the following: "Date: November 3, 1969 "TO: Norman McK Barker, City Manager "From: Dick T. Jordan, Building Official "Subject: Bids on Sale of Houses (5) "Bids were opened in my office, Monday, November 3, 1969, at 10:00 A.M., for the Sale of Five (5) houses that Urban Renewal had turned over to us for disposal. Bids were reeeived from four bidders and a breakdown of the bidding is outlined below, with the highest bidders underscored. "Due to the fact all five are to be demolished it is recommended that the bids be accepted, as it would cost this office several hundred dollars if we had to demolish them ourselves. If the bids are acceptable the contracts will be forwarded to your office for signature and attention should then be returned to us for distribution. JESSIE BATY JEFF GILMORE AUGUST HEYER WELDON JOHNSTON 2307 E. 12th $-0- $-0- $15.10 $ 9.00 llll Border 21.00 20.00 27.60 18.00 2703 Vaiden 16.00 2910 Conway 21.00 3004 Conway 55.00 -0- -0- -0- 18.75 -0- 11.25 8.00 32.50 18.00 Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on November 3, 1969 for the sale of five (5) houses that Urban Renewal had turned over to the City for disposal; and, WHEREAS, the bids of August Heyer in the sum of $15.10 for the house located at 2307 East 12th, in the sum of $27.60 for the house located at llll Border and $18.75 for the house located at 2703 Vaiden; and the bids of Jessie Baty in the sum of $21.00 for the house located at 2910 Conway and in the sum of $55.00 for CITY OF AUSTIN. TEXAS November 6, 1969 the house located at 3004 Conway, were the highest and best bids therefor, and the acceptance of such bids has been recommended by the Building Official 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 above enumerated bids of August Heyer and Jessie Baty, be and the same are hereby accepted, and that Norman McK Barker, City Manager of the City of Austin, be and he is hereby authorized to execute contracts on behalf of the City with said named parties. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None DISCONTINUANCE OF BUSES AT PORTER AND CROCKETT SCHOOLS Councilman Cage reported he had been called about the discontinuance of the bus at Porter Junior High and Crocket High Schools, and asked if this could be checked into with the Austin Transit Corporation, to see if this is a permanent situation or not and just what the situation is. He did not believe the students should be penalized for the action of a few. Councilman Johnson stated he had been working on this situation, and suggested that the Council go with him and inspect the buses. The Attorneys had assured him the buses would run on their regular schedule to complete the week. The Company invited those interested in seeing the buses that were victims of the vandalism. Councilman Gage was interested in seeing the buses continue to run. Mayor LaRue suggested complying with Councilman Atkison's suggestion to recess early during the lunch hour and go by the company and see this vandalism. DELINQUENT TAXES ON TAXICABS The City Manager, Mr. Barker, reported that taxes have been paid now by every taxi franchise holder, except a $300 delinquent tax owed by Harlem Taxicab Company. The law Department is briefing the matter in regards to the franchise in regards to granting or reaffirming a franchise. The City Manager distributed opinions to the Council members. As to the status, the City Attorney, Mr. Cortez, stated the memorandum affirmed that was stated last week, that the Council has the authority to cancel a franchise based on taxes which are delinquent, but which may be barred by limitations. He read from the franchise setting out the conditions... "It must be kept in mind that the limitation statute as it affects a debt does not release or extinguish such debt, but merely effects the remedy when enforcement is sought in court." The City Manager recommended that the Council direct him to apprise this individual that the City of Austin considers this a just and due debt, and that he be given a certain period in which to pay this debt, or his franchise will be withdrawn. He suggested 30 days. LEAGUE OF WOMEN VOTERS REQUEST The City Manager stated the office awaits direction on the statement by the League of Women Voters last night on the feasibility of appointing a committee. The Council needed to do more study on this for a few days, and no action was taken. _ CITY OF AUSTIN, TEXAS November 6, 1969 POSTING OF NOTICE OF MEETING-LAND PURCHASE The City Manager, Mr. Barker, having a matter of land purchase, asked the City Council to go into Executive Session. The City Attorney, Mr. Cortez, stated the statute relating to notice specifically excludes it from sessions involving acquisition of land, so it would not be required. Discussion was held on the Statute on the Open Meeting Act. The City Attorney read Section 2. The Council went into Executive Session. In open session, the City Manager read the resolution regarding public necessity's requiring the widening and improvement of the intersection of U. S. 183 (Research Boulevard) and Loop 275, (North Lamar Boulevard) and Anderson Lane. Councilman Johnson 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 widening and improvement of the intersection formed by U. S. High- way 183 (Research Boulevard), Loop 275 (North Lamar Boulevard), and Anderson Jane, in the City of Austin, to provide for the free and safe flow of traffic in said area 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 widening and improvement of such intersection in the City of Austin, and for other municipal purposes; and, WHEREAS, the owners of said land have brought legal action against the City of Austin involving said land, and in answer to said action, a cross-action in eminent domain for said land has been asserted as provided by law; Now, Therefore, BE IT ERSOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the cross-action in eminent domain in said lawsuit is hereby ratified and confirmed, and that the City Manager be and he is hereby authorized and directed to pursue said cross-action against the owners and lienholders to acquire fee simple title for said purposes to the following described tract of land, to-wit: 1.017 acres of land, same being all of Lot 2, Santa Maria Villiage, a subdivision of a portion of the James P. Wallace Survey Number 57 in the City of Austin, Travis County, Texas, according to a map or plat of said Santa Maria Village of record in Book 30 at Page 13 of the Plat Records of Travis County, Texas; which 1.017 acres of land were conveyed to Kim Realty Co. by warranty deed dated December 26, 1967, of record in Volume 3476 at Page 264 of the Deed Records of Travis County, Texas, and which 1.017 acres of land are more particularly described by metes and bounds as follows: BEGINNING at a steel pin at the southeast corner of said Lot 2, Santa Maria Village, same being the most southerly southwest corner of Lot 1, which point of beginning is in the north right of way line of U. S. Highway 183, also known as Anderson Lane, and from which point of beginning a steel pin at the southwest corner of said Lot 1 bears S 59° 37' E 711.60 feet; THENCE, with the said north right of way line of U. S. Highway 183, N 59° 37' W 250.00 feet to a steel pin on the east or notheast line of the intersection of U. S. Highway 183 and Lamar Boulevard; CITY OF AUSTIN, TEXAS November 6, 1969 : : THENCE, with the said east line of Lamar Boulevard, N 27° 35' E 100.20 feet to a steel pin at the northwest corner of said Lot 2, same being the northwest corner of the herein described tract of land; THENCE, S 59° 37' E 307.35 feet to a steel pin at the northeast corner of said Lot 2, same being the northeast corner of the herein described tract of land; THENCE, S 30° 23' W 150.00 feet to the point of beginning. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Johnson, Mac Corkle, Price, Mayor La Rue Noes: None Out of room at time of roll call: Councilman Janes FOUNTAINS PRESENTED BY LIONS CLUB The City Manager reported the desire of the Lion's Club that the City Council authorize repayment to the club of approximately $13,000 given to the City for a suitable memorial. He explained the original amount had been expended on maintenance to make the fountains work. A new plan to expend not more than $13,000 has been worked out for the fountains on Town Lake, and this is agreeable with the Lion's Club. He asked that the Council authorize the expenditure of monies not to exceed $13,525 to proceed with the plan, when the written agreement from the Lion's Club is received; and that this expenditure would be on the relocated fountains, rather than returning it to the Club. The money would be appropriated from the Council contingency fund. Councilman Johnson favored this approach over spending $50,000 to relocate and redesign the fountains. With this private individual who is expending a great deal of time and expense to his firm in cooperation with the City to help solve this problem, this project would be a 50- 50 project, the lion's Club purchasing the fountains and the City displaying and extablishing the fountains on the lake. Councilman Johnson moved the Council follow the recommendation of the City Manager and that a release for obligation be received. The motion, seconded by Councilman Mac Corkle, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The City Manager reported that the representative of the Lion's Club had been contacted regarding the City's plan to reinstall the fountains, and he had orally agreed to giving the City a letter agreeing that if this plan of placing the fountains is used, it would be satisfactory to the Club from now on, and he would fallow up by letter. ZONING APPLICATION WITHDRAWN The Council had before it the request of Mr. Richard Baker, representing Maufrais Brothers zoning applicant, to withdraw the zoning application. CITY OF AUSTIN. TEXAS November 6, 1969 : Councilman Janes moved the Council grant the request of Mr. Richard Baker, representing the applicant, to withdraw the following zoning application: Tract 1 MAUFRAIS BROTHERS By Richard C. Baker 5516-5540 Vinson Road 1400-1418 Stassney Lane To Tract 2 5504-5516 Vinson Road From "A" Residence 1st Height and Area "GR" General Retail 1st Height and Area The Director of Planning stated the application was filed on a smaller tract than intended, and a new application is being filed. Both the Staff and Commission recommended the withdrawal. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None TRANSFER OF FUNDS 1968-69 FISCAL YEAR The City Manager distributed information regarding two items, requesting transfers between departments or additional appropriations, as required by the Charter which grants only to the City Council the authority to transfer funds between Departments. Mayor LaRue introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 680923-Α ΤTO APPROPRIATE UNAPPROPRIATED FUNDS FOR VARIOUS ESSENTIAL PURPOSES; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Gage moved that the rule be suspended and the ordinance pass to its second reading. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The ordinance was read the second time and Councilman Gage moved that the rule be suspended and the ordinance pass to its third reading. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor LaRue Noes: None The ordinance was read the third time and Councilman Gage moved that the ordinance be finally passed. The motion, seconded by Councilman Price carried by the following vote: =CITY OF AUSTIN. TEXAS November 6, 1969 Ayes: Councilmen Atkison, Gage, Janes, Johnson, Mac Corkle, Price Mayor La Rue Noes: None EXHIBIT "A" CITY OF AUSTIN, TEXAS OVER EXPENDITURE OF GENERAL FUND APPROPRIATIONS 1968-69 Fiscal Year CORRECTABLE BY COUNCIL AUTHORITY ACCOUNT EXCESS CORRECTABLE BY NUMBER DEPARTMENT EXPENDITURE TRANSFER FROM 1001 City Council $ 5,100.00 1002 City Manager 1102 Tax Office 9,150.00 1504 Civil Defense 1202 Property Division 1,165.00 1004 Const. Engineering 1501 Personnel 1,475.00 1101 Accounting 1711 Municipal Building 4,755.00 1101 Accounting 1901 Special Services 76,410.00 1502 Planning $5,000.00 1508 Glen Oaks 14,790.00 1513 Meadowbrook Project 56,620.00 $76,410.00 2204 Fire Department Garage 4,000.00 9002 Print Shop 2600 Electric Inspections 1,310.00 2400 Building Inspections 4100 Health Office 3,000.00 4300 Brackenridge Hospital- East The Mayor announced that the ordinance had been finally passed. Mayor LaRue introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 680923-Α TO APPROPRIATE FUNDS FOR AN OVER EXPENDITURE OF UTILITY FUND APPROPRIATIONS; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Gage moved that the rule be suspended and the ordinance pass to its second reading. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None CITY OF AUSTIN, TEXASNovember 6, 1969 The ordinance was read the second time and Councilman Gage moved that the rule be suspended and the ordinance pass to its third reading. The motion seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The ordinance was read the third time and Councilman Cage moved that the ordinance be finally passed. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price Mayor La Rue Noes: None The Mayor announced that the ordinance had been finally passed. REPAYMENT TO CITY BY STATE FOR REIMBURSING RELOCATION OF UTILITIES The City Manager submitted a resolution which is a part of the required papers of the Highway Department to authorize the City Manager to enter into a contract with the Highway Department, as Interstate 35 by the Railroad cross-over close to Airport Boulevard is being redone, and there will have to be some relocation of utilities. There are electric utilities, and the relocation will incur a cost to the City of about $6,000, which will be reimbursed 100% by the State. This resolution authorizes the City to enter into a contract whereby this payment will take place. Councilman MacCorkle offered the following resolution and moved its adoption (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the proposed agreements between the State of Texas and the City of Austin for the adjustment and relocation of all water utilities, electric utilities, and sanitary sewers within the proposed areas of construction on Interstate Highway 35 from 46th Street South to 39th Street in Austin are hereby approved by the City Manager who is here authorized to execute said agreements on behalf of the City of Austin and to transmit the same to the State of Texas for appropirate action. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Mac Corkle, Price, Mayor LaRue Noes: None Absent: Councilman Johnson : : CITY OF AUSTIN, TEXAS: November 6, 1969 ADJOURNMENT Councilman Johnson moved the Council adjourn. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, ATTEST: Mayor LaRue Noes: None Grace Monroe Asst. City Clerk За APPROVED Mayor