) _ CITY OF AUSTIN, TEXAS- May 28, 1970 MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting May 28, 1970 9:00 Λ.Μ. Council. Chamber, City Hall The meeting was called to order with Mayor LaRue presiding. Roll Call: Present: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Absent: None Church. The Invocation was delivered by REVEREND ELI WILBERT, Bethany Christian APPROVAL OF MINUTES Councilman Price moved that the Council. approve the Minutes of the Meeting of October 30, 1969. The motion, seconded by Councilman Johnson, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None 1970 AQUA FESTIVAL EVENTS MAYOR LARUE noted a request from Mir. Bill Dismukes, President, and Mr. Glen Albright, Commodore, Austin Aqua Festival, requesting approval of the 1970 Aqua Festival events. The City Manager recommended the approval of the format of the events subject to any other effective ordinances that would require permits. Councilman Atkison moved that the Council approve the format, subjeet to effective ordinances and permits. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None )))))) Council. May 28, 197O CITY OF AUSTIN, TEXAS The City Manager stated each individual item would be brought back to the REQUEST FOR PARADE PERMIT WITHDRAWN 757 The Council had before it a request for a parade permit for American Legion Department of Texas on June 12th. Mayor LaRue announced receipt of a note to the effect that Mr. McGregor, Parade Chairman, requested withdrawal of this application. No Council action was necessary. HEARING ON PROPOSED MASTER PLAN CHANGES Mayor LaRue noted it was 10:00 A.M., and the hearing on proposed Master Plan Changes was opened. The Director of Planning described a 30 acre tract in North Austin, south of Kramer Lane between F.M. 1325 and North Lemar Boulevard, approximately 3,000 feet from the Texas & New Orleans Railroad, to be designated from Low Density Residential to Manufacturing and Related Uses, plus 45 additional acres considered by the Planning Commission. He pointed out the surrounding areas designated by the Master Plan as Industrial. The Commission had considered this designation. He also pointed out the existing residential and potential residential development. The Planning Staff and the Planning Commission recommended the redesigna- tion of the 30 acre tract and the 45 acres to Manufacturing and Related Uses. MR. WOODROW SLEDGE, representing the Austin Independent School District, stated negotiations were underway for an elementary school site in the area; and in the near future, a junior high school site would have to be acquired. Councilman Price moved that the Council change the Master Plan of these two areas (30 acre tract, and 45 additional acres) from Low Density Residential to Manufacturing and Related Uses, as recommended by the Planning Commission. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Planning Director reviewed the request for a change in the Master Plan on a six acre tractiin South Austin west of South Congress Avenue on Slaughter Lane, from Undesignated to Commercial Service and Semi-Industrial, requested by Vernon Wattinger, and 24 additional acres considered by the Planning Commission. He described the existing industrial uses, and the Staff and Commission recommended that the entire 30 acrcs be designated Commercial Service and Semi-Industrial. Councilman Johnson moved that the hearing be closed and the change in the Master Plan as recommended by the Planning Commission, to Commercial Scrivce and Semi-Industrial, be made. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None _ CITY OF AUSTIN, TEXAS May 28, 1970 8 PUBLIC HEARING TO CONSIDER ANNEXATION AND DIRECTING THE ADMINISTRATION TO INSTITUTE ANNEXATION PROCEEDINGS Meyor Lañue opened the hearing at the scheduled time on annexation requests. The Director of Public Works, Mr. Rountree, described this 69.59 acres in north Austin, including a portion of East Rundberg Lane, Austin Independent School. District and proposed Windsor Hills, Section 1. Councilman Johnson disqualified himself from participating in this hearing. A Councilman Price moved that the hearing be closed and the Administration directed to institute annexation proceedings on the following: 69.59 acres of land out of the John Applegait and J. O. Rice Surveys a portion of East Rundberg Lane, Austin Independent School District Tract and proposed Windsor Hills, Section One. The motion, seconded by Councilmen Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, MacCorkle, Frice, Mayor LaRue Noes: None Fresent But Not Voting: Councilman Johnson The Director of Public Works, Mr. Rountree, described the 24.08 acres under public hearing for annexation, as an extension of a subdivision east of Ed Bluestein Boulevard, south of F. M. 963 or East 1.9th Street. Councilman MacCorkle moved that the hearing be closed and the Administration directed to institute annexation proceedings on the following: 24.08 acres of land out of the J. C. Tannehill League proposed Craigwood, Section Two. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Nces: None ))))))) FINAL READING OF ANNEXATION ORDINANCE 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 114.62 ACRES OF LAND, SAME BEING OUT OF AND A PART OF 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. The ordinance was read the third time and Councilman Price moved that the ordinance be finally passed. The motion, seconded by Councilmen Johnson, carried by the following vote: ) May 28, 1970 زز CITY OF AUSTIN, TEXAS Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Frice, Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. RECOGNITION OF POLICE CADETS The Council recognized the 41st Cadet Class of the Austin Police Academy consisting of 19 Police Cadets and one Park Ranger, and assured them of the complete support of the entire Council.. STREET IMPROVEMENTS ORDERED Mayor LaRue introduced the following ordinance: AN CRDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE FAVING AND IMPROVEMENT OF PORTIONS OF CERTAIN STREETS IN THE CITY OF AUSTIN, APPROVING PLANS AND SPECIFICATIONS FOR SUCH WORK, AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR BIDS, DIRECTING THE PREPARATION OF ESTIMATES, INVOKING THE ALTERNATE PROCEDURE PROVIDED BY ARTICLE I, SECTION 5 OF THE CHARTER OF THE CITY OF AUSTIN AND CHAPTER 106 OF THE ACTS OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF TEXAS, DETERMINING THAT THE COST OF SUCH IMPROVE- MENTS SHALL BE PAID BY THE CITY OF AUSTIN, PROVIDING A METHOD OF REIMBURSING THE CITY OF AUSTIN FOR A PORTION OF SUCH COSTS BY ASSESSMENT OF A FORTION OF SUCH COSTS AGAINST THE PROPERTY ABUTTING SUCH STREETS OR PORTIONS THEREOF TO BE IMPROVED, AND FOR THE FIXING OF A LIEN TO SECURE PAYMENT OF SUCH ASSESSMENTS, STATING THE TIME AND MANNER PROPOSED FOR PAYMENT OF ALL SUCH COSTS, DIRECTING THE CITY CIERK TO CAUSE A NOTICE OF THE ENACTMENT OF THIS ORDINANCE TO SE FILED IN THE MORTGAGE OR DEED OF TRUST RECORDS OF TRAVIS COUNTY, TEXAS, AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Price moved that the rule be suspended and the ordinance passed 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 passed to its third reading. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ) May 20, 1970 CITY OF AUSTIN, TEXAS 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 LaRue Noes: None The Mayor announced that the ordinance had been finally passed. REFUND CONTRACTS Mayor LaRue introduced the following ordinance: AN ORDINANCE AUTHORIZING THE DEPUTY CITY MANAGER TO ENTER INTO A CERTAIN REFUND CONTRACT WITH AUSTIN CATERING SERVICE, INCORPORATED; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Price moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Gage, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Ayes: Mayor LaRue Noes: None The ordinance was read the second time and Councilman Price moved that the rule be suspended and the ordinance passed to its third 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 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, Frice, Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. Mayor LaRue introduced the following ordinance: AN ORDINANCE AUTHORIZING THE DEFUTY CITY MANAGER TC ENTER INTO A CERTAIN REFUND CONTRACT WITH NORWALL, INCORPORATED; AND DECLARING AN EMERGENCY. The ordinance was read the first time and Councilman Gage moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Price, carried by the following vote: CITY OF AUSTIN, TEXAS May 28, 1970. 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 passed 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: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Mayor announced that the ordinance had been finally passed. CASH SETTLEMENT IN LIEU OF REFUND CONTRACT Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the owners of Quail Creek West, Phase 2, Section 1, have installed a water apprcach main at a cost of $4,811.10, pursuant to a subdivision plan called Quail Creek West, Phase 2, Section 1, and have requested an 18%/82% cash settlement of the above amount in lieu of a refund contract on the water approach main; and, WHEREAS, 22% of the aforementioned $4,811.10 equals $3,945.1.0, which amount is agreed upon as the cash settlement value of said water approach main in lieu of refund contract; and, WHEREAS, the Deputy City Manager and the Director of Water and Waste Water Department have recommended said cası settlement in lieu of a refund contract; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Dan II. Davidson, Deputy City Manager of the City of Austin be and he is hereby authorized and directed to execute a cash settlement contract under the terms of which the City of Austin shall acquire title to the above described main from Norwall, Incorporated, and to pay to Norwall, Incorporated 825 of the actual cost thereof not to exceed $3,945.10. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Frice, Mayor LaRue Noes: Monc ) CITY OF AUSTIN, TEXAS May 28, 1970 ZONING ORDINANCE 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: A 5.61 ACRE TRACT OF LAND OUT OF THE SANTIAGO DEL VALLE GRANT, LOCALLY KNOWN AS REAR OF 7327-7411 EAST RIVERSIDE DRIVE AND 7411-7423 EAST RIVERSIDE DRIVE, FROM "A" RESIDENCE TO "LR" LOCAL RETAIL DISTRICT; SAID PROPERTY BEING LLOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS; AND SUSPENDING THE RULE REQUIRING THE READING OR ORDINANCES ON THREE SEPARATE DAYS. The ordinance was read the first time and Councilman Johnson moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman MacCorkle, carried by the following vote: '. Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LeRue Noes: None The ordinance was read the second time and Councilman Johnson moved that the rule be suspended and the ordinance passed to its third reading. The motion, seconded by Councilman MacCorkle, 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 Johnson moved that the ordinance be finally passed. The motion, seconded by Councilman MacCorkle, 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. )))))) ORDINANCE REGULATING SALE OF LITERATURE TO MINORS SECOND READING MR. DAN WOMACK, after checking the Attorney General's files, stated the Law Department was of the opinion there were no constitutional problems with thir ordinance. The difference between the State statute and this ordinance is the State statute provides for injunction proceedings, and the Ordinance provides for fine or imprisonment. Enforcement was discussed. Councilman Price suggested that each distributor be sent a letter of information about this ordinance, and each would probably pull this type of literature from his stand. Mayor LaRue brought up the following ordinance for its second reading: 563 CITY OF AUSTIN, TEXAS: May 28, 1970 AN ORDINANCE AMENDING CHAPTER 23 OF THE AUSTIN CITY CODE OF 1967 SO AS TO ADD THERETO SECTION 23-25, MAKING IT UNLAWFUL TO SELL HARMFUL MATERIALS AS DEFINED THEREIN TO UNMARRIED PERSONS UNDER THE AGE OF SEVENTEEN YEARS; AND CONTAINING A SEVERABILITY CLAUSE. The ordinance was read the second time and Councilman Price moved that the ordinance be passed to its third reading. The motion, seconded by Councilman Johnson, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Ayes: Mayor LaRue Noes: None VEHICLES FOR HIRE ORDINANCE SECOND READING MR. DAN DAVIDSON, Deputy City Manager, reviewed the amendments to the ordinance, changing dates to synchronize with the City's fiscal year; allowing the Council more flexibility in finding public convenience and necessity rather than acting from a definite finding prior to any Council action; giving citizens and other interested parties opportunity to be heard on complaints and protests; allowing flexibility of awarding permits and franchises to others should there be companies operating without providing service; permit inspections to take place at any reasonable place should the Police and Courts Building be deemed inappropriate or unsatisfactory; provide the right to operate under franchise to be conditioned upon the existence and maintenance in full force and effect of a performance bond, thus automatic suspension of permission to operate during any period when there is no performance bond covering the operations; exemption of companies in operation with less than 10 cabs prior to January 1, 1970, upon renewal of their franchise, under the grandfather clause; however, every other provision in the ordinance would have to be met. Mayor LaRue brought up the following ordinance for its second reading: AN ORDINANCE AMENDING CHAPTER 34 OF THE AUSTIN CITY CODE OF 1967 TO REPLACE ARTICLE I, ARTICLE II, AND ARTICLE IV SETTING FORTH THE RULES AND REGULATIONS FOR OPERATION AND FRANCHISING OF TAXICABS AND LIMOUSINES AS WELL AS SETTING STANDARDS FOR DRIVERS OF SUCH VEHICLES; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH AND PROVIDING FOR SEVERABILITY. The ordinance was read the second time and Councilman Gage moved that the ordinance be passed to its third reading. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: Nore ))))))) ) 544 May 28, 1970 =CITY OF AUSTIN, TEXAS- TRANSPORTATION ENTERPRISE, INC., FRANCHISE ORDINANCE SECOND READING It was pointed out Transportation Enterprise, Inc., has removed the provision in the franchise ordinance relating to charter business. The City Manager and the City Attorney will have any recommended amendment for the Council by June 25th, and a rate section will be included. Mayor LaRue brought up the following ordinance for its second reading: AN ORDINANCE GRANTING TO TRANSPORTATION ENTERPRISES, INCORPORATED, A FRANCHISE FOR FIFTEEN (15) YEARS TO OPERATE AND MAINTAIN A MOTOR BUS SYSTEM FOR THE TRANSPORTATION OF PERSONS AND PROPERTY UPON THE PUBLIC STREETS AND HIGHWAYS OF THE CITY OF AUSTIN, TEXAS, PURSUANT TO THE PROVISIONS OF THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, THE CHARTER OF THE CITY OF AUSTIN, AND THE CODES AND ORDINANCES OF THE CITY OF AUSTIN. The ordinance was read the second time and Councilman Gage moved that the ordinance be passed to its third reading. The motion, seconded by Councilman MacCorkle, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue ))))))) Noes: None REPORT TO THE TEXAS WATER QUALITY BOARD The City Manager reported the Staff made its presentation to the Water Quality Control Board, which was very complimentary and expressed to the Council their appreciation for the Council's moving fast on the items the Board had called to the City's attention, and on the future programs. Mayor LaRue expressed appreciation to the administration for taking care of this matter in such an expeditious manner. A copy of the new report was available to the Council. HEARING SET ON ANNEXATION ORDINANCES Councilman Janes offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That a public hearing be held at 10:00 o'clock A.M., in the City Council Chambers of the City of Austin on the lith day of June, 1970, for the purpose of providing an opportunity for all interested persons to be heard on consideration of the institution of annexation proceedings with respect to the below described property, to-wit: 9.076 acres of land, same being out of and a part of the William Cannon League No. 19 in Travis County, Texas, which 9.076 acres of land are more particularly May 28, 1970 CITY OF AUSTIN, TEXAS== described by metes and bounds as follows: BEGINNING at a concrete monument on the present corporate limit line of the City of Austin as adopted by ordinance dated October 16, 1969, for the northeast corner of the herein described tract of land, same also being a point in the proposed corporate limit line of the City of Austin and from which point of BEGINNING a concrete monument at the northeast corner of Lot 19, Block G, Flournoy's Swectbriar, Section V, a subdivision in the City of Austin, Travis County, Texas, of record in Book 47 at page 92 of the Plat Records of Travis County, Texas, bears N 57° 00' W 300.00 fect; TIENCE, along said proposed corporate limit line of the City of Austin, in a southerly and westerly direction with the following six (6) courses: (1) $ 33° 00′ W (2) $ 44° 06' W (3) $ 24° 08′ W (4) $ 36° 41' W (5) N 75° 14. W (6) 3 14° 46' W 112.04 feet to an iron pin; 50.96 feet to an iron pin; 1,074.45 fect to an iron pin; 64.66 fect to a concrete monument; 90.00 foct to an iron pin; 130.00 fcet to a concrete monument, for the most southerly southeast corner of the herein described tract of land; THENCE, continuing along said proposed corporate limit line of the City of Austin, in a westerly direction with the following three (3) courses: (1) N 75° 14′ W 110.00 feet to an iron pin; (2) N 64° 48' W 61.01 feet to an iron pin; (3) N 75° 15' W 59.35 feet to a concrete monument for the southwest corner of the herein described tract of land, same being the southeast corner of Lot 13, Block Q, of the aforesaid Flournoy's Swectbriar, Section V, and which point is in the present corporate Limit line of the City of Austin as adopted by ordinance dated August 14, 1969; THENCE, with the present corporate limit line of the City of Austin as adopted by said ordinance dated August 14, 1969, and the aforesaid ordinance dated October 16, 1969, in a northerly and easterly direction to the point of BEGINNING. RE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Clerk be authorized and directed to cause a notice of such hearing to be published in a newspaper having general circulation in this City and in the area proposed to be annexed, such publication to be made not more than twenty (20) days, nor less than ten (10) days prior to the hearing. The motion, seconded by Councilman Cage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Jarms, Johnson, MacCorkle, Price, Mayor LaRue Noes: Hone ) ))) ) Councilman Janes offered the following resolution and moved its adoption: (RESOLUTION) _ CITY OF AUSTIN, TEXAS May 28, 1970 عامات BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That a public hearing be held at 10:00 o'clock A.M., in the City Council Chambers of the City of Austin on the 11th day of June, 1970, for the purpose of providing an opportunity for all interested persons to be heard on consideration of the institution of annexation proccedings with respect to the below described property, to-wit: 2.17 acres of land, same being out of and a part of the John Applegait Survey No. 58 in Travis County, Texas, which 2.17 acres of land are more particularly described by metes and bounds as follows: REGINNING at an iron pin on the present corporate limit line of the City of Austin as adopted by ordinance dated January 15, 1970, for the northwest corner of the herein described tract of land, which point of BEGINNING is on the proposed corporate limit line of the City of Austin, and from which point of BEGINNING the north line of Rundberg Lane, same being the northwest corner of that certain tract of land conveyed to the City of Austin for street purposed, by warranty deed dated October 10, 1955, of record in Volumen 1634 at page 355 of the Deed Records of Travis County, Texas, bears $ 29° 54' W 91.1.49 feet; THENCE, with said proposed corporate limit line of the City of Austin, $ 60°09′ E 31.5.47 feet to an iron pin on the present corporate limit line of the City of Austin as adopted by ordinance dated April 6, 1967, for the northeast corner of the herein described tract of land, same being a point in the west right-of-way line of Interregional Highway; THENCE, along said present corporate limit line of the City of Austin, as adopted by ordinance dated April 6, 1967, with the following two (2) courses: (1.) $ 29° 33' W 220.78 feet to an angle point; (2) 3 35° 38' W 79.64 feet to a point in the corporate limit line of the City of Austin now pending before the City Council of the City of Austin, for the southeast corner of the herein described tract of land; THENCE, with the corporate limit line of the City of Austin, now pending before the City Council of the City of Austin, N 60° 09' W 308.83 feet to a point in the aforesaid present corporate limit line of the City of Austin as adopted by ordinance dated January 15, 1970, for the southwest corner of the herein described tract of land; THENCE, with said present corporate limit line of the City of Austin as adopted by ordinance dated January 15, 1970, N 29° 54' E 299.83 feet to the point of BEGINNING. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Clerk be authorized and directed to cause a notice of such hearing to be published in a newspaper having general circulation in this City and in the area proposed to be annexed, such publication to be made not more than twenty (20) days, nor less than ten (10) days prior to the hearing. ))))))) )))))) May 20, 1970 567 CITY OF AUSTIN, TEXAS==== The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Noes: None Mayor LaRue RELEASE OF EASEMENTS Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, certain easements were granted to the City of Austin for electrical purposes by map or plat of Oltorf Village Section Two of record in Book 19 at Page 31 of the Plat Records of Travis County, Texas, and by map or plat of Oltorf Village Commercial Area of record in Book 30 at Page 41 of the Plat Records of Travis County, Texas; said easements being out of and a part of Lots 1, 2, 3, 4 and 5, Block A, Oltorf Village Commercial Area; and, WHEREAS, the owners of the above described property have requested the City Council of the City of Austin to release the hereinafter described portions of said easements; and, WHEREAS, the City Council has determined that the hereinafter described portions of said easements are not 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 Deputy City Manager of the City of Austin be, and he is hereby authorized to execute a release of the following described portions of said electrical easements, to-wit: Two (2) strips of land, each of the said two (2) strips of land being ten (10.00) feet in width; the strip of land hereinafter described as Number One being out of and a part of Lots 1, 2, 3, 4 and 5, Block A, Oltorf Village Commercial Area, a resubdivision of all of Lots A and B, Oltorf Village Section Two according to map or plat of said Oltorf Village Section Two of record in Book 19 at Page 31 of the Plat Records of Travis County, Texas; a map or plat of said Oltorf Village Commercial Area being of record in Book 30 at Page 41 of the Plat Records of Travis County, Texas; the strip of land hereinafter described as Number One was provided on the aforesaid map or plat of Oltorf Village Section Two; the strip of land hereinafter described as Number Two being out of and a part of Lots 2 and 3, Block A, said Oltorf Village Commercial Area, was provided on said map or plat of Oltorf Village Commercial Area; the centerline of each of the said two (2) strips of land ten (10.00) feet in width being more particularly described as follows: NUMBER ONE, BEGINNING at a point in the south line of said Lot 1, Block A, Oltorf Village Commercial Area, same being the south line of said Lot __ CITY OF AUSTIN. TEXAS May 28, 1970 A, Oltorf Village, Section Two; which point of beginning is in the north line of St. Edwards Drive and from which point of beginning an iron pin at the southwest corner of said Lot 1, Block A, Oltorf Village Commercial Area, bears N 60° 28' W 29.00 feet; THENCE, N 28° 22' E 273.30 feet to a point in the north line of the aforesaid Lot 2, Block A, Oltorf Village Commercial Area, same being the north line of said Lot A, Oltorf Village, Section Two; same also being the south line of the aforesaid Lot 3, Block A, Oltorf Village Commercial Area and the south line of the aforesaid Lot B, Oltorf Village, Section Two and from which point an iron pin at the northwest corner of said Lot 2, same being the southwest corner of said Lot 3, bears N 58° 03′ W 29.05 feet; THENCE, N 22° 21' E 276.54 feet to point of termination at an iron pin at the northwest corner of the aforesaid Lot 4, Block A, Oltorf Village Commercial Area, same being on the north line of said Lot B, Oltorf Village, Section Two. NUMBER TWO, BEGINNING at a point in the north line of said Lot 2, Oltorf Village Commercial Area, same being the south line of said Lot 3, Oltorf Village Commercial Area, which point of beginning is in the center line of the strip of land described herein as Number One, and from which point of beginning an iron pin at the northwest corner of said Lot 2, same being the southwest corner of said Lot 3, bears N 58° 03' W 29.05 feet; THENCE, with the said north line of Lot 2, same being the said South line of Lot 3, S 58° 03′ E 40.00 feet to point of termination. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, a certain easement was granted to the City of Austin for drainage purposes, same being out of and a part of Lot 11B, Block K, North Acres, Section Three, a subdivision in Travis County, Texas, of record in Book 37 at Page 12 of the Plat Records of Travis County, Texas of record in Book 7 at Page 117 of the Plat 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; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: ) CITY OF AUSTIN, TEXAS May 28, 1970 569 That the Deputy City Manager of the City of Austin be, and he is hereby authorized to execute a release of the following described portion of said drainage easement, to-wit: A strip of land ten (10.00) feet in width, same being out of and a part of Lot 11B, Block K, North Acres, Section Three, a subdivision in Travis County, Texas, of record in Book 37 at Page 12 of the Plat Recrods of Travis County, Texas; which strip of land ten (10.00) feet in width is to be released from the drainage easement as provided on a map or plat of Lot 11, Block K, North Acres, Section I, a subdivision in Travis County, Texas, of record in Book 7 at Page 117 of the Plat Records of Travis County, Texas; said strip of land is more particularly described by metes and bounds as follows: BEGINNING at a point in the north line of said Lot ll, Block K, same being a point in a line 140 feet east of and parallel to the west line of said Lot 11; THENCE, with said line 140 feet east of and parallel to the west line of Lot 11, S 28° 31' W 125.80 feet to point of termination in a line five (5.00) feet north of and parallel to the south line of said Lot 11. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ) ))) BRICK RETAINING WALL IN SIDEWALK AREA Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the retaining wall proposed herein will encroach upon the City's right-of-way along West 15th Street; and, WHEREAS, the City of Austin is not now in need of the portion of West 15th Street upon which the proposed retaining wall will be an encroachment; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the above described retaining wall be allowed to be built as shown in Exhibit "A" attached hereto, subject to the following conditions: (1) That the City can require the removal of the wall at any time, subject only to giving reasonable notice to the owner of the necessity for the removal of the wall; and, (2) That at the time of the removal of the wall, the expenses of such removal are to be borne by the owner. ) =CITY OF AUSTIN, TEXAS May 28, 1970 The motion, seconded by Councilman Price, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None 10 REVISED PLANS FOR CULVERT ACROSS AIRPORT BOULEVARD Councilman MacCorkle offered the following resolution and moves its adoption: (RESOLUTION) 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 approve a certain change order to Contract 70-C-10l in compliance with the attached Exhibit "A", revising the plans and plan quantities for a concrete culvert across Airport Boulevard; and, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Clerk is hereby directed to file a copy of said change order with Contract 70-C-101 in the permanent records of her office without recordation in the Minutes of the City Council. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Present but not voting: Councilman Gage SPACE ASSIGNMENT TELEPHONE COMPANY Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the application of the Southwestern Bell Telephone Company, of Austin, Texas, to construct and maintain the hereinafter described underground improvements; (1) An underground telephone duct line in MANOR ROAD, from Rogge Lane to the Point of intersection of a line 91 feet south of and parallel to the north line of Wheless Lane with a line 25 feet south of and parallel to the centerline of the paved roadway as established by the Department of Public Works of the City of Austin, the centerline of which underground telephone duct line shall be 25 feet east and south of the centerline of the paved roadway of _ CITY OF AUSTIN, TEXAS 571 May 28, 1970 said MANOR ROAD as established by the Department of Public Works of the City of Austin. (2) An underground telephone duct line in MANOR ROAD, from the point of intersection of a line 91 feet south of and parallel to the north line of Wheless Lane with a line 25 feet south of and parallel to the centerline of the paved roadway of said MANOR ROAD as established by the Department of Public Works of the City of Austin in an easterly direction to the point of intersection of a line 64 feet south of and parallel to the north line of Wheless Lane with a line 33 feet south of and parallel to the centerline of the paved roadway of said MANOR ROAD as established by the Department of Public Works of the City of Austin be and the same is hereby granted and the Director of Public Works is hereby authorized to issue a permit for the construction of such improvements, said grant and permit to be subject to the following conditions: (1) The improvements shall be constructed and maintained in compliance with all ordinances relating thereto. (2) The permit shall be issued and accepted subject to all reasonable police, traffic, fire and health regulation as the City of Austin, now existing or hereafter adopted. (3) The repair or relocation of any and all utilities in the vicinity necessitated by the laying of these improvements shall be done at the expense of the Southwestern Bell Telephone Company of Austin, Texas. (4) The Southwestern Bell Telephone Company of Austin, Texas, will indemnify and save the City of Austin harmless from any and all claims against said City growing out of or connected with the construction or maintenance of said improvements. (5) That all backfill under street surfaces between existing or future proposed curbs and under driveways and alleys, shall be tamped with mechanical tampers in six (6) inch layers. Each layer shall be compacted to not less than 90 per cent of maximum density as determined by the Standard Method of Test for Compaction and Density of Soils, A.A.S.H.O. Designation T99-49. (6) The City of Austin may revoke such permit for good cause after notice to the Southwestern Bell Telephone Company, in Austin, and hearing thereon, and upon such revocation the owner of such improvements will remove the same and pay all costs and expenses attendant therewith. The motion, seconded by Councilmen Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None 579- -CITY OF AUSTIN, TEXAS May 28, 1970 SALE OF HOUSES Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on April 27, 1970 for the sale of four (4) City-owned houses to be relocated; and, WHEREAS, the bids of Earl Bradford in the sum of $37.50 for the house located at 1306 Newfield (apartment), in the sum of $427.57 for the house located at 1904 Waterston, and in the sum of $327.57 for the house located at 1005 Winsted Lane; and the bid of Harvey C. Munsell in the sum of $2,260.00 for the house located at 1007 Winsted Lane, were the highest and best bids therefor, and the acceptance of such bids has been recommended by the Building Inspector 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 Earl Bradford and Harvey C. Munsell be and the same are hereby accepted, and that L.H. Andrews, 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. vote: The motion, seconded by Councilman Johnson, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ))) ( ) Councilman MacCorkle offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on April 27, 1970 for the sale of improvements, including twelve (12) City-owned houses to be removed from the premises by demolition or relocation; and, WHEREAS, Atlas Demolishing has bid in the sum of $147.00 to remove the house located at 311 Atlanta, in the sum of $207.00 to remove the house located at 23 Chalmers, in the sum of $121.00 to remove the house located at 1109 Jewell Street, in the sum of $307.00 to remove the house located at 1015 W. Milton Street (rear); Southwest Wrecking has bid in the sum of $311.00 to remove the house located at 406 Arlington, in the sum of $1,111.00 to remove the house located at 1900 Townes Lane, in the sum of $611.00 to remove the house located at Deep Eddy Park, in the sum of $1,111.00 to remove the house located at 1310 Newfield, and in the sum of $422.00 to remove the house located at 1020 W. Milton Street; Vincent Ferrer has bid in the sum of $988.00 to remove the house located at 1403 Winsted Lane; and Cullen and Cox has bid in the sum of $204.00 to remove the house located at 1010 Jewell Street; such sums being the lowest and best bids therefor, and the acceptance of such bids has been recommended by the Building Inspector of the City of Austin and by the City Manager; Now, Therefore, ) ) { CITY OF AUSTIN, TEXAS 573 May 28, 1970 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the above enumerated bids of Atlas Demolishing, Southwest Wrecking, Vincent Ferrer, and Cullen and Cox be and the same are hereby accepted, and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute contracts for the payment of said sums, on behalf of the City, with said named parties. vote: The motion, seconded by Councilman Johnson, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None REJECTION OF BIDS Councilman MacCorkle moved that the Council authorize the rejection of bids for construction of a concrete culvert across Fort Clark Drive. The motion, seconded by Councilman Johnson, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Ayes: Mayor LaRue Noes: None CONTRACTS AWARDED Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on April 22, 1970, for furnishing Six (6) hot and cold dietary food carts for the new building, (Phase 1A) of Brackenridge Hospital; and, WHEREAS, the bid of Southern Hospital Supply in the sum of $9,414.00 was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Hospital Administrator and by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of Southern Hospital Supply in the sum of $9,414.00 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Southern Hospital Supply. vote: The motion, seconded by Councilman MacCorkle, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None CITY OF AUSTIN, TEXAS May 28, 1970 574 Councilman MacCorkle offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 15, 1970, for furnishing One (1) 400 pound unloading washer for Brackenridge Hospital; and, WHEREAS, the bid of American Laundry Machinery in the sum of $15,943.00 was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Hospital Administrator and by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of American Laundry Machinery in the sum of $15,943.00 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with American Laundry Machinery. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None 15 Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 6, 1970, for furnishing Two (2) 90-second X-Ray Processing Units for Brackenridge Hospital; and, WHEREAS, the bid of R. P. Kinchloe in the sum of $14,094.00 was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Hospital Administrator and by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of R. P. Kinchloe in the sum of $14,094.00 be and the same is hereby accepted and that L.H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with R. P. Kinchloe. 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 May 28, 1970 $75 Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 19, 1970, for a reinforced Concrete Box Culvert on Northgate Boulevard for use by the Public Works Department; and, WHEREAS, the bid of Ed H. Page in the sum of $11,500.00 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 Ed H. Page in the sum of $11,500.00 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Ed H. Page. The motion, seconded by Councilman Gage, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 11, 1970, for Two Line Relay Panels to be used by the Electric Distribution Division at Kingsbery Substation; and, WHEREAS, the bid of Westinghouse Electric Corporation, in the sum of $27,144.00 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 Westinghouse Electric Corporation, in the sum of $27,144.00 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Westinghouse Electric Corporation. 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= May 28, 1970 Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 4, 1970, for Cathodic Protection System for Holly Street and Decker Creek Power Station to be used by the Electric Department; and, WHEREAS, the bid of Corrosion Controls, Inc. in the sum of $15,912.00 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 Corrosion Controls, Inc. in the sum of $15,912.00 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Corrosion Controls. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 5, 1970, for Concrete Circulating Water Pipe Contract No. 411, Holly Street Power Station, Unit No. 4; and, WHEREAS, the bid of Gifford Hill American, Inc., in the sum of $87.173.47 was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Director of the Electric 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 Gifford-Hill-American, Inc., in the sum of $87,173.47 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Gifford-Hill-American, Inc. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None 511 May 28, 1970 -CITY OF AUSTIN, TEXAS= Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 19, 1970, for the installation of approximately 905 linear feet of 8-inch and 25 linear feet of 6-inch water mains and appurtenances; and, WHEREAS, the bid of Griffin Construction Company in the sum of $6,903.50 was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Director of the Water and Waste Water 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 Griffin Construction Company, in the sum of $6,903.50 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Griffin Construction Company. vote: The motion, seconded by Councilman Johnson, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on May 12, 1970, for the installation of approximately 658 feet of 48-inch sanitary sewer pipe and appurtenances in Canadian Street Easement from Holly Street to Riverview Street Alley for the purpose of relocating sewer lines to allow for expansion of the Holly Power Plant; and, WHEREAS, the bid of Griffin Construction Company in the sum of $26,569.00 was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Director of the Water and Waste Water 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 Griffin Construction Company in the sum of $26,569.00 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with Griffin Construction Company. : 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 578 May 28, 1970 WATER & SEWER MAIN CONTRACT IN MESA DRIVE The City Manager explained this contract to John Yantis, and complications of five developers' being involved. Rather than working out five refund contracts all decided it would be necessary to have only one contractor. The City will handle the approach main on a 25/75% basis, and the refund contract on a 60/40% cash settlement. The subdividers have agreed to put up their 40% as soon as the contract is let. Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) - WHEREAS, bids were received by the City of Austin on April 9, 1970, for the installation of approximately 171 feet of 12-inch water main, 1,287 feet of 8-inch water main, 140 feet of 6-inch water main, 736 feet of 10-inch sewer main and 3,055 feet of 8-inch sewer main in Mesa Drive, Parts B, C & D; and, WHEREAS, the bid of John Yantis Company in the sum of $69,565.30 was the lowest and best bid therefor and the acceptance of such bid has been recommended by the Director of the Water and Waste Water 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 John Yantis Company in the sum of $69,565.30 be and the same is hereby accepted and that L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized to execute a contract on behalf of the City with John Yantis Company. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ) Cash Settlement For Water and Sewer Mains in Mesa Drive Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, Bryant Curington, Consulting Engineers, is willing to deposit in escrow with the City of Austin 40% of the bid price for the installation of the water and sewer mains as described in a contract to be let by the City of Austin with John Yantis Company, and 25% of the bid price for the sewer approach mains in Mesa Drive as described in the same contract, and to subsequently pay to the City 40% and 25%, respectively, of the actual cost of the proposed installation as soon as such cost can be determined; and, WHEREAS, a lower bid price can be obtained by combining all sewer and water mains for the area into one bid for a single contract; and, $79 CITY OF AUSTIN, TEXAS May 28, 1970 WHEREAS, the Director of the Water and Waste Water Department and the City Manager have recommended this participation agreement in lieu of a cash settlement or a refund contract; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That L. H. Andrews, City Manager of the City of Austin, be and he is hereby authorized and directed upon the deposit by Bryant Curington of 40% of the bid price for the installation of water and sewer mains as described in the contract to be let by the City with John Yantis Company and 25% of the bid price for the sewer approach mains in Mesa Drive as described in the same contract to enter into a participation agreement with Bryant Curington and others under the terms stated above with the City of Austin acquiring title to all of the above described water and sewer mains in lieu of a refund contract for the same. The motion, seconded by Councilman Price, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None LICENSE AGREEMENT Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the Deputy City Manager be and he is hereby directed and authorized to enter into a License Agreement on behalf of the City of Austin with Southern Pacific Transportation Company, for the installation of an 8-inch water main beneath the railroad tracks between Ellingston Lane and East 45th Street in connection with the Interstate Highway 35 relocation project; and, BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to file a copy of said Agreement in the permanent records of her office without recordation in the Minutes of the City Council. vote: The motion, seconded by Councilman Johnson, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ) _ CITY OF AUSTIN, TEXAS May 28, 1970 550 CHANGE ORDERS DECKER POWER PLANT Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) 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 approve certain change orders to the Decker Power Plant Contract for the following purposes and in the stated amounts: Contract X-120, Site development and structures Change Order No. 15 $14,941.30 Contract X-121, Power Piping Change Order No. 8 2,613.30 Change Order No. 10 3,936.28 Contract X-122, Power Wiring Change Order No. 7 3,738.31 Change Order No. 8 2,902.23 Change Order No. 9 4,573.29; totalling the amount of $32.704.71; and, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Clerk is hereby directed to file a copy of said change orders with the Decker Power Plant Contract in the permanent records of her office without recordation in the Minutes of the City Council. vote: The motion, seconded by Councilman MacCorkle, carried by the following Ayes: Councilmen Gage, Janes, Johnson, MacCorkle, Mayor LaRue Noes: Councilmen Atkison, Price Councilman Johnson and Councilman Gage suggested that a contingency fund be set up to take care of the change orders, and the Council's not having to approve each one. The City Manager said he would work out a procedure and bring a recommendation to the Council. HEARING ON FRANCHISE REQUEST FROM TRANSPORTATION ENTREPRISES Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) CITY OF AUSTIN, TEXAS May 28, 1970 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That a public hearing be held at 10:00 o'clock A.M., in the City Council Chambers of the City of Austin on the 25th day of June, 1970, for the purpose of providing an opportunity for all interested persons to be heard on consideration of a franchising request from Transportation Enterprises, Inc., for a shuttle bus service and their rates, charges and fares; and, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Clerk be authorized and directed to cause a notice of such hearing to be published in a newspaper having general circulation in this City once a week for two weeks prior to the hearing. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ACQUISITION OF PROPERTY Councilman Gage moved that the Council authorize the acquisition of the following property for the Mo-Pac right of way: vote: 2006-2008 Lake Austin Boulevard 2101 Lake Austin Boulevard - average of appraisals average of appraisals The motion, seconded by Councilman Johnson, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Price moved that the Council authorize the acquisition of the following property for the Brackenridge Hospital Expansion Program: 507 East 15th Street average of appraisals The motion, seconded by Councilman Johnson, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Ayes: Noes: None EMINENT DOMAIN PROCEEDINGS Councilman Gage offered the following resolution and moved its adoption: CITY OF AUSTIN, TEXAS May 28, 1970 584 (RESOLUTION) Estate of Janie Canizales 902 Essex Avenue WHEREAS, the Master Plan of the City of Austin, duly adopted by the City Council of the City of Austin on the 8th day of June, 1961, contemplated the development of Missouri-Pacific Boulevard (now Loop 1) as an indis- pensable component of the Circulation Plan for the City of Austin; and, WHEREAS, the City Council has found and determined that public necessity requires the acquisition in fee simple of the hereinafter described property for the development and construction of said Missouri-Pacific Boulevard, together with overpasses, underpasses, access roads, connecting, and inter- connecting streets and other public facilities and improvements in connection therewith; and for other public purposes; and, WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to file or cause to be filed against the owner ans lienholders, a suit in eminent domain to acquire fee simple title for said purposes to the following described tract of land, to-wit: Lot 8, in Block 3, Theresa Martin Subdivision out of Original Lot 11 of the subdivision of 252 acres of the George W. Spear Survey, in the City of Austin, Travis County, Texas, and being the same property described in deed dated December 14, 1949, executed by Nat Franzetti and Joe Franzetti to Lincoln Frazier, et ux, recorded in Volume 994, Page 417 of the Travis County Deed Records. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) Robert L. Ogden, et ux 2002 Sunset Avenue WHEREAS, the Master Plan of the City of Austin, duly adopted by the City Council of the City of Austin on the 8th day of June, 1961, contemplated the development of Missouri-Pacific Boulevard (now Loop 1) as an indispensable component of the Circulation Plan for the City of Austin; and, )))))) CITY OF AUSTIN, TEXAS- May 28, 1970 583 WHEREAS, the City Council has found and determined that public necessity requires the acquisition in fee simple of the hereinafter described property for the development and construction of said Missouri-Pacific Boulevard, together with overpasses, underpasses, access roads, connecting, and interconnecting streets and other public facilities and improvements in connection therewith; and for other public purposes; and, WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to file or cause to be filed against the owner 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 all of Lot 3, Block 5, Sunset Heights Addition, a subdivision in the City of Austin, Travis County, Texas, according to a map or plat of said Sunset Heights Addition of record in Book 3 at Page 86 of the Plat Records of Travis County, Texas, which Lot 3 was conveyed to Robert L. Ogden, et ux, by warranty deed dated May 25, 1966, of record in Volume 3136 at Page 926 of the Deed Records of Travis County, Texas. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) Alma Krueger 2107 Lake Austin Boulevard WHEREAS, the Master Plan of the City of Austin, duly adopted by the City Council of the City of Austin on the 8th day of June, 1961, contemplated the development of Missouri-Pacific Boulevard (now Loop 1) as an indispensable component of the Circulation Plan for the City of Austin; and, WHEREAS, the City Council has found and determined that public necessity requires the acquisition in fee simple of the hereinafter described pro- perty for the development and construction of said Missouri-Pacific Boulevard, together with overpasses, underpasses, access roads, connecting and interconnecting streets and other public facilities and improvements in connection therewith; and for other public purposes; and, WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, =CITY OF AUSTIN, TEXAS May 28, 1970 564 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 owner and lienholders, a suit in eminent comain to acquire fee simple title for said purposes to the following described tract of land, to-wit: Being all of Lot 3, Block 1, Sunset Heights, a subdivision in the City of Austin, Travis County, Texas, of record in Volume 333 at Page 65 of the Deed Records of Travis County, Texas, which Lot 3 was conveyed to Felix Krueger, et ux, by warranty deed dated May 5, 1922, of record in Volume 338 at Page 25 of the Deed Records of Travis County, Texas. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) Jesse S. Sanders, et ux 2015 Sunset Avenue WHEREAS, the Master Plan of the City of Austin, duly adopted by the City Council of the City of Austin on the 8th day of June, 1961, contemplated the development of Missouri-Pacific Boulevard (now Loop 1) as an indispensable component of the Circulation Plan for the City of Austin; and, WHEREAS, the City Council has found and determined that public necessity requires the acquisition in fee simple of the hereinafter described property for the development and construction of said Missouri-Pacific Boulevard, together with overpasses, underpasses, access roads, connecting, and inter- connecting streets and other public facilities and improvements in connection therewith; and for other public purposes; and, WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby autho rized and directed to file or cause to be filed against the owner and lienholders, a suit in eminent comain to acquire fee simple title for said purposes to the following described tract of land, to-wit: Being all of Lot 3, Block 4, Sunset Heights Addition, a subdivision in the City of Austin, Travis County, Texas, of record in Book 3 at Page 86 of the Plat Records of Travis County, Texas, which Lot 3 was conveyed to Jesse S. Sanders, et ux, by warranty deed dated June 1, 1947, of ) _ CITY OF AUSTIN, TEXAS May 28, 1970 record in Volume 852 at Page 206 of the Deed Records of Travis County, Texas. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Gage offered the following resolution and moved its adoption: (RESOLUTION) Lonnie Maxwell 1006 Essex Avenue WHEREAS, the Master Plan of the City of Austin, duly adopted by the City Council of the City of Austin on the 8th day of June, 1961, contemplated the development of Missouri-Pacific Boulevard (now Loop 1) as an indispensable component of the Circulation Plan for the City of Austin; and, WHEREAS, the City Council has found and determined that public necessity requires the acquisition in fee simple of the hereinafter described property for the development and construction of said Missouri-Pacific Boulevard, together with overpasses, underpasses, access roads, connecting, and interconnecting streets and other public facilities and improvements in connection therewith; and for other public purposes; and, WHEREAS, the City of Austin has negotiated with the owner of said land and has been unable to agree with such owner as to the fair cash market value thereof; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the City Manager be and he is hereby authorized and directed to file or cause to be filed against the owner and lienholders, a suit in eminent domain to acquire fee simple title for said purposes to the following described tract of land, to-wit: All that certain tract of land situated in the City of Austin, Travis County, Texas, a part of Lots Five (5) and Six (6) in Block One (1) of the Theresa Martin Subdivision in said City according to the plat thereof, of record in Volume 1, Page 61 of the Map Records of Travis County, Texas, and being further described as follows: BEGINNING at the southeast corner of Lot 5; THENCE, west with the south lot lines of Lots 5 and 6, a distance of 100 feet to the southwest corner of Lot 6; THENCE, north with the west line of Lot 6, a distance of 40 feet for the northwest corner of this parcel; CITY OF AUSTIN, TEXAS May 28, 1970 THENCE, east parallel with the south lines of Lots 5 and 6, a distance of 100 feet to the east boundary line of Lot 5; beginning. 1 THENCE, south with the east line of Lot 5, 40 feet to the place of The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None SALE OF BRACKENRIDGE PROJECT PROPERTY Councilman MacCorkle moved that the Council authorize the sale of Parcel 14, Brackenridge, Tex R-94 Project to the Texas Employment Commission at a price of $140,760.00. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Noes: None Mayor LaRue The amount of taxes that would be paid as a tax credit would be part of the local one-third share of the cost of the project, as explained by Mr. Lurie, Urban Renewal Agency. ))))) ) STATUS OF OFFER OF LAND Councilman Gage asked the City Manager to reinvestigate an offer made to the City six or eight months ago, and make a recommendation. These people submitted an offer of three or four square blocks to the City. If the City developed it and constructed a building, it would pay a certain amount per square foot. the land is developed as open space, there would be no costs. If CHANGE IN MASTER PLAN HEARING SET Councilman Price moved that a public hearing be set to consider a change in the Master Plan as requested by Mr. 0. 0. Shurtleff, for 10:00 A.M., June 25, 1970. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None 587 CITY OF AUSTIN, TEXAS- May 28, 1970. EXPANSION OF LOT CLEARING CONTRACT MR. DAN DAVIDSON, Deputy City Manager, reported complaints concerning the condition of property north of Rosewood Avenue, west of the railroad tracks and south of 12th Street. This is a 76-acre tract of Urban Renewal land, which has been turned over to the City, who is responsible for removing the structures, debris, and clearing the lot. Then the area will be turned over to the Urban Renewal Agency which will assume responsibility. This represents Phase I of the Glen Oaks Area. The contractor who has the lot-clearance contract states, on the basis of a square foot charge that he bid for mowing lots, that he would go into this Glen Oaks Section and demolish the building, remove the debris, and clear the lot. There is no line item in the budget for this or other clearance projects, but funds had been approved by transferring moneys from other City depart- ments for this work. He explained the $180,000.00 committment to comply with the Urban Renewal contract. The $17,000.00 needed for this one project would give credit toward that $180,000.00 obligation. The administration recommended the expansion of the existing contract and use this particular section as a trial basis. If it works, more of these sites might be accomplished through this means. The City Manager saw no problem with the money situation. Councilman MacCorkle moved that the Council approve the recommendation to expand the lot clearing contract. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Noes: None Mayor LaRue SPACE ASSIGNMENTS FOR UTILITIES The City Manager, MR. ANDREWS, asked if the Council would consider an ordinance authorizing the City Manager or his representatives to make space assignments for the gas and telephone utilities administratively. The Mayor asked that an ordinance be prepared for Council consideration. PETITION FOR RESURFACING EAST 5TH STREET Mayor LaRue announced a petition regarding resurfacing East 5th Street between Canadian and Pedernales Street. The City Manager reported he had a copy of the petition, and would process it through the regular channels. CODE ENFORCEMENT IN 10TH WAR D Councilman Johnson stated about May 6, the Council had a letter from MR. JACK D. HARRINGTON on the proposed code enforcement program in the 10th Ward, and he asked for some factual information. The Deputy City Manager made a report, that information contained in the application had been forwarded back to the Fort Worth Office, and there are indications the application will be reconsidered as soon as some revisions are made. When this is available the Council will be informed, and the application will be completed so it can be accepted. CITY OF AUSTIN, TEXAS May 28, 1970 588 TOWER LIGHT ON 19TH Councilman Price inquired about the tower light on 19th Street. The City Manager stated the removal of this tower was a necessity, and it is not structurally sound enough to replace. ))))) PERSONNEL POLICY REGARDING NEPOTISM MR. DAVIDSON, Deputy City Manager, reviewed the present policy as covered in the Charter, and in the Personnel Policies, and explained the amendment. The Council discussed the amendment thoroughly with the City Manager. The following policy is recommended for consideration of Council: "The City Manager shall not approve the appointment of any member of the immediate family of any department head, division head, activity head, or supervisor within any department of the City of Austin." Under the personnel policies adopted by the City Council, immediate family is defined as follows: ""Immediate family' means husband, wife, son, daughter, father, mother, father or mother in law, brother, sister, or any relative living in the same household. - - After this review, Councilman Gage moved that the policy be approved as recommended by striking the word "supervisor". The motion, seconded by Councilman Price, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Ayes: Noes: None Mayor LaRue JOINT MEETING WITH PLANNING COMMISSION ON CAPITAL IMPROVEMENT PROGRAM The Council set a hearing at 1:30 P.M., Monday, June 1, 1970, for a joint meeting of the Council and Planning Commission on the presentation of the Capital Improvement Program. AGENDA FORMAT MAYOR LARUE discussed changing the format of the Agenda, so that on some occasions the Council could finish the Agenda items before noon, and that routine items not be specified for some afternoon hour. The City Manager stated this would be worked out, except on the zoning schedules. FIESTA GARDENS BOATS The City Manager suggested that the Council go to Fiesta Gardens and see the boats that were put up for sale. He noted very fine bids came in, and the ))))) 589 _ CITY OF AUSTIN, TEXAS. May 28, 1970 Council would be considering sale of boats at its next meeting. The Council members stated they would individually go and look at these boats. REQUEST FOR EXECUTIVE SESSION The Assistant City Attorney asked for an Executive Session at some time this date to review some legal matters. Councilman Johnson brought up for consideration the question of what could be handled in Executive sessions. The Mayor stated millions of dollars of information pass through this Council room and the Council had an obligation to protect this information for public benefit. Councilman Atkison asked that a study be made as to whether or not some person not directly concerned with the matter under discussion could sit in on Executive Session. Mayor LaRue asked for additional information and felt that a very definite study should be made, and stating if it were the will of the Council, that the City Manager be requested to secure more information through the City Attorney on this matter. Councilman Gage suggested that the Council be furnished a copy of the State Law as pertains to Executive Sessions. APPOINTMENT TO THE HUMAN RELATIONS COMMISSION The Mayor reported a letter from DR. JOHN BARCLAY asking the Council to appoint or reappoint members to the Human Relations Commission. Included in the letter was a request that the City Manager consult with a committee of the Commission in the selection of the new Director. The Mayor reported that the City Manager had already moved out in this matter of appointing a Director. EXECUTIVE SESSION The Council went into Executive Session. OPEN SESSION The Council resumed its Regular Meeting. REDUCTION IN HRC NUMBER Mayor LaRue reported the Human Relations Commission had asked that a reduction be made in their Board. Councilman Johnson moved that the number on the Human Relations Commission be reduced from 15 to 13 members. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ) ( 590 CITY OF AUSTIN. TEXAS- May 28, 1970 SETTLEMENT TO CONTRACTORS ON BRACKENRIDGE HOSPITAL PHASE IA The City Manager, Mr. Andrews, reported receipt of releases signed by A. A. Electric Company and J. M. Boyer Construction Company. Councilman Gage moved the Council accept the settlement figures presented by A. A. Electric and Boyer Construction Company for delayed completion time on Brackenridge Hospital Phase IA and instruct the City Manager to issue checks in the agreed amounts of $6,815.95 to A. A. Electric Company and $20,233.50 to S. M. Boyer Construction Company. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None SCHOOL SITES, STREETS AND SIDEWALKS In connection with a hearing on amendment to the Master Plan, in which MR. WOODROW SLEDGE, representing the Austin Independent School District spoke, Councilman Gage asked that a check be made with the schools as to the stages of completion of construction so that the City could get the streets in before school begins in September. COMPILED ORDINANCES In connection with the Bus Franchise Ordinance, Councilman MacCorkle requested that the Council receive compiled ordinances to have before them when subjects were under discussion. SPECIFICATIONS ON HOSPITAL BIDS TO BE FURNISHED COUNCIL In discussing the contracts awarded for Hospital supplies and equipment, Councilman Johnson asked that on the hospital bids that the City Council be furnished specifications. SUBSTANDARD STRUCTURES Councilmen Gage moved that the recommendation of the Building Standards Commission be upheld on the following: Mrs. Maggie Allen 2002 East 13th Street That the structure located on this lot be declared a public nuisance by the City Council; That the City Council refer this unit to the Legal Department; That the Legal Department of the City of Austin cite the owner or heirs by publication and seek whatever legal jurisdiction necessary to repair or demolish the structure and clean the premises; That upon a termination of the legal proceed- ings in favor of the City of Austin, the failure of the defendant to abate the ) _ CITY OF AUSTIN, TEXAS May 28, 1970 nuisance, the forces of the City of Austin, with permission of the court, be empowered to demolish the structure and affix the costs thus incurred as a 'valid and enforceable lien against the property upon which the above mentioned structure is located. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Johnson moved that the recommendation of the Building Standards Commission be upheld on the following: Mrs. Ethel B. Ward 2924 East 13th Street vote: That the structure located on this lot be delcared a public nuisance by the City Council; That the City Council refer this unit to the Legal Department; That the Legal Department of the City of Austin cite the owner or heirs by publication and week whatever legal jurisdiction necessary to repair or demolish the structure and clean the premises; That upon a termination of the legal proceed- ings in favor of the City of Austin, the failure of the defendant to abate the nuisance, the forces of the City of Austin with permission of the court, be empowered to demolish the structure and affix the costs thus incurred as a valid and enforceable lien against the property upon which the above mentioned structure is located. The motion, seconded by Councilman MacCorkle, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ))) ADJOURNMENT Councilman Janes moved the Council adjourn. 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 May 28, 1970 The Council did adjourn. ATTESTED: ) City Clerk APPROVED: Mayor