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New Hotel Tax Funds Tourism, Lake Beautification

Thursday, November 19, 1970 regular
  • Hotel Occupancy Tax Approved:

    A new 3% hotel occupancy tax was adopted following public debate, intended to fund tourism initiatives and explore the development of a convention center.
  • Major Annexation Debate Continues:

    The proposed annexation of 400 acres in the Spicewood Springs Road area was debated at length, addressing concerns over controlled growth, infrastructure costs, and legal implications of limited annexation. No immediate action was taken, and the proposal was sent back for further study.
  • Community Projects Launched:

    Plans were approved for a new youth baseball complex in University Hills, and a Town Lake beautification program was initiated, partly funded by proceeds from Mrs. Lyndon B. Johnson's autographed book sales.
  • School Growth and Business Regulation:

    The Council discussed the annexation of sites for future public schools and approved a special permit for a day care center at Trinity Baptist Church with specific operating conditions. Additionally, a local cab company's operating franchise was conditionally extended after a hearing on regulatory non-compliance.

Full Transcript

C _ CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting November 19, 1970 10:00 Α.Μ. Council Chamber, City Hall The meeting was called to order with Mayor LaRue presiding. Roll call: Present: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Absent: None Invocation was delivered by FATHER RICHARD MCCABE, Catholic Charities. Councilman Price moved that the corrected Minutes of the Meeting of October 15, 1970, be approved. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None REQUEST TO OPEN REHEARING ON RICHARD CRISS ZONING APPLICA- TION 5508-5722 Manchaca Road - At the request of Mr. Robert Sneed, representing the applicants, and Mr. Maurice Angly, representing the opponents, Councilman Price moved to postpone until November 24th the request to open rehearing on Richard Criss Zoning application, 5508-5722 Manchaca Road. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ANNEXATION OF SCHOOL SITES The City Manager had a written request by the Superintendent of Public Schools (Dr. Irby Carruth) suggesting annexation of sites for schools to be constructed in the near future at the following sites: 1226 23 د ب C November 19, 1970 =CITY OF AUSTIN, TEXAS 1227 A junior high school on South First An elementary school on Metcalfe Road An elementary school on Braker Lane An existing school, Walnut Creek Ele- mentary - Braker Lane The City Manager reported the last two were considerably outside the City limits now. Fire protection would be no different inside or outside the City limits, as this would be handled in case of necessity. Police protection would be a question. Water is available to these two sites, but sanitary sewers are not. To provide sanitary sewers would mean a considerable amount of funds. The Metcalfe Road and the South First Street sites were near the City limits and could be considered along with adjacent properties in the vicinity. At the Mayor's request, the City Manager stated they would make a further study and recommendation on these four sites by December 3rd. Councilman MacCorkle stated it would be helpful to the Council if it were informed of these locations before the schools chose to locate the building. Mayor LaRue noted the School Board had selected the Butler tract as the location for the new Austin High School subject to certain conditions. Councilman Gage asked for information on the last appraisal. The City Manager reported this had Just come in, and would be forwarded to him. AUSTIN BOAT CLUB REQUEST TO USE FESTIVAL BEACH AREA The City Manager asked that this matter be deferred for November 24th, as he needed to study this request a little more in detail and make a recommendation back to the Council. Councilman Johnson asked that he find out the number of days involved last year and the price. PROPOSED PLANS FOR BASEBALL COMPLEX UNIVERSITY HILLS OPTIMIST CLUB MR. EDWARD J. REZNICEK, University Hills Optimist Club, displayed plans for the baseball complex in University Hills on City-owned property. He reviewed the two baseball fields, parking areas, a potential football field, concession stands, meeting rooms for scout activities and other facilities, and bleacher set-up as recommended by the Recreation Director. The City Manager explained the plans had been changed so that the concession stand and the whole field had been pulled back from the property line and would not be so near to the homes, and he recommended the approval of the plan. The property owners had been contacted and they did sign a petition that they would not object to this project. Mr. Reznicek introduced MR. GERALD WISE, President of the Baseball League, in charge of the work. Mr. Reznicek asked for approval to proceed with some of the work, grading and fencing and what other they could handle. The Mayor asked that they coordinate through the City Manager on this work outlined. Mr. Reznicek anticipated proceeding along up to the lighting system on the large field, which would be approximately $6,000. The Mayor cleared with Mr. Reznicek matters pertaining to the understanding of the utilities and no ! ب C _ CITY OF AUSTIN, TEXAS November 19, 1970 1228 obligations on the City's part. Councilman Gage moved approval of the plans for the baseball complex as submitted. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Noes: None Mayor LaRue BEAUTIFICATION PROGRAM FOR AUSTIN MRS. ALDEN DAVIS, Parks and Recreation Board, with Mr. George Riggan, and Mr. Bill Coates, announced an offer by Mrs. Lyndon B. Johnson to distribute autographed books of her "White House Diary." There is no solicitation, but the proposition is to distribute these books to the public. The City will receive $5.00 for every book sold, and the money would be placed in escrow for when and how the Council wanted to plant Town Lake. Mrs. Johnson did re quest that this be done between the two bridges. That would be up to the City to decide when and where. The Garden Center group is willing to address about 3,000 envelopes to mail out. Books would be available also at the Garden Center at $11.00. Councilman Price moved the approval of the project as outlined by Mrs. Davis. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None HEARING ON ROOM ТАХ In accordance with the published notice thereof, at 9:30 o'clock A.M., it was announced that the Council would proceed with the hearing on establishing a room tax. MR. JOHN NASH, Austin Chamber of Commerce, urged the Council to adopt a 3% room occupancy tax, which would cost the citizens of Austin nothing. All large cities and some smaller ones utilize this tax. Other cities use this equal taxation to compete with Austin in attracting tourism and conventions, and this room tax is a most important device to expand the visitors' industry. Receipts from the cities are estimated to be from $20,000 to $1,000,000. MRS. DON HOWARD, President Austin Motel Association, stated of the operators polled, half were for the tax; half against; however, most were in favor of building a better convention center. Their group requested that only a 2% tax be assessed, and that a commitment as to timing of the convention center be made. Councilman Gage expressed himself as being willing morally, to commit funds generated by the room tax to study a facility, develop a plan, submit it to the voters, raise the funds, and get the facility as quickly mas possible. He would be willing to dedicate moneys to be collected to the Tourist Bureau, Convention Bureau, and to the debt retirement. Mrs. Howard noted the excellent parking facilities at the Auditorium site, and hoped parking would be considered when a site was selected. COUNCILMAN JANES was willing to make a personal, moral, obligation to dedicate revenues to the development of the general tourist industry, for a convention center or promotion. COUNCILMAN MacCORKLE stated the funds should ب CITY OF AUSTIN, TEXAS November 19, 1970 1229 go into a revenue fund, and the Council in making its budget would then appropriate the money. COUNCILMAN PRICE favored setting up the funds for a convention center, which had been discussed for about two years, and now he was ready to see the money earmarked for something other than studies and locations. He suggested that the citizens get together, start the project with individual money, and then vote a bond issue. COUNCILMAN JOHNSON stated it was fair to those who come in and use the City for recreation and business that they help off-set a portion of the cost in the community. He believed it was time that the community come together and agree to be counted in the top five cities in this state and go for the No. 1 convention center, and he was ready to proceed. MR. EDWARD MAURER, architect, stressed the need for a convention center that would bring in top hotels, as many of the large chains want to come to Austin but will not, as there is not the facility. The Convention center must come first. He favored a 3% tax, although many cities have a 5% or 6% tax. MR. GEORGE HAYTON, Manager of Two-Way Hotel, opposed the tax, stating the east part of Austin had no conventions, and the guests would complain of an added tax, and would go to surrounding towns that did not have this tax. It was pointed out one could not travel to surrounding towns for the small amount of tax. COUNCILMAN PRICE was interested in the effect that this tax would have on smaller hotels of 10 to 15 units, stating these should be exempt. He believed the 3% would cause a hardship on the small operators in East Austin. These people are not interested in a convention center, but only a place to stay. Councilman Johnson noted there were small hotels throughout the city, and some operate below the exempted rate. Many people at conventions choose to stay at less expensive hotels for a substantial saving in room rent, and this trend would help the smaller hotels, which can compete in room rate. Councilman MacCorkle moved the hearing be closed. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Noes; None Mayor LaRue Mayor LaRue introduced the following ordinance: AN ORDINANCE AMENDING CHAPTER 32 OF THE AUSTIN CITY CODE OF 1967 BY ADDING THERETO ARTICLE V, ENTITLED "HOTEL OCCUPANCY TAX", CONTAINING THEREIN DEFINITIONS; LEVYING A TAX EQUAL TO THREE PERCENT (3%) OF THE CONSIDERATION OF THE COST OF OCCUPANCY OF ANY ROOM OR SPACE IN ANY HOTEL WITH CERTAIN EXCEPTIONS; PROVIDING FOR COLLECTION; REQUIRING REPORTS; AUTHORIZING THE TAX COLLECTOR TO MAKE RULES AND REGULATIONS; DESCRIBING VIOLATIONS; PROVIDING FOR PENALTIES AND PROVIDING FOR AN EFFECTIVE DATE. (Effective January 1, 1971) The ordinance was read the first time and Councilman MacCorkle moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None CCC د د CITY OF AUSTIN, TEXAS November 19, 1970 1230 The ordinance was read the second time and Councilman MacCorkle moved that the rule be suspended and the ordinance 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: None The ordinance was read the third time and Councilman MacCorkle 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, Noes: None Mayor LaRue The Mayor announced the ordinance had been finally passed. APPEAL FROM PLANNING COMMISSION DECISION IN GRANTING A SPECIAL PERMIT FOR DAY CARE CENTER TO TRINITY BAPTIST CHURCH The Council discussed this appeal and matters of concern. -- Councilman Gage stated if the application would include the erection of a six-foot fence along the south boundary line; and if the Center would be restricted to no more than fifty children; and if it would be restricted that all unloading and loading would be done on the parking lots on the Roosevelt side -- none on Grover or Houston; and no loading or unloading on the street he would vote for the permit. The Assistant Director of Planning stated before the permit were released, these restrictions would be a part of the permit. Councilman Atkison moved the Council grant the request subject to the provisions or additions suggested by Councilman Gage. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Mayor LaRue Noes: Councilmen Johnson, MacCorkle, Price (A six-foot fence along the south boundary line. The Center be restricted to no more than 50 children. All unloading and loading to be done on the Church parking lots on the Roosevelt side - none on Grover or Houston, or no unloading or loading done on the street) -- ANNEXATION OF APPROXIMATELY 400 ACRES IN THE SPICEWOOD SPRINGS ROAD AREA MR. DAVID TISINGER, Attorney, representing MR. DAVE BARROW, who had asked him to research the legality of limited taxation, stated he found this provision to be clearly stated in the Charter, that annexation may be for a limited purpose zoning and sanitation. The Home Rule Law also is clear on this matter. He filed an opinion from former City Attorney, Doren Eskew, with the members of the Council, in that all needs of the City can be accomplished by limited annexation. C C. CITY OF AUSTIN, TEXAS November 19, 1970 MR. JULIAN MARTIN, President of the Northwest Austin Civic Association and representing Balcones Civic Association, stated these two associations had given full support to annexing the total area under consideration. The committee still supports the Administration's recommendation. The City Attorney, MR. DON BUTLER, reviewed the legal opinion relative to limited annexation, pointed out many problems would be created -- 1e., qualified voters in the area; questions of voting on bond issues -- extraterritorial jurisdiction extended or not. He would recommend against limited annexation by other cities except on navigable streams. MR. BOB HONTZ asked about equity of taxation, where people with vacant land inside the City as against those outside of the City who are not taxed. The North Austin group is concerned with control, high standards and to stem the flow of development taking place along Spicewood Springs Road. Councilman Johnson observed that adding taxes to undeveloped property could force apartment and commercial development in place of residential as now planned. So that the taxpayer and homeowner could be protected, he suggested that annexation should take place on Spicewood Springs Road and Mesa Drive where development is underway. Both he and Councilman Gage did not favor annexing 400 acres to control a few acres. Members of the Council voiced their opinions as not favoring limited annexation. MR. BARROW said the threat of annexation would prevent the type of development he had accomplished; however he did agree that the Spicewood Springs Road area should be annexed. MR. IRWIN SALMANSON'S interests were control and protection. Councilman Johnson stressed planned growth. Mr. Martin agreed on long range planning and wanted assurance if annexation were to be done piece-meal that zoning not be decided piece-meal. He asked that this group be permitted to review the total area in some form of a master plan. The Assistant Planning Director reported there is a proposed development plan for the area north of Spicewood Springs, which is used as a guide line. Councilman Price emphasized the need to go into this on a Master Plan and "block zoning", so that the people would know what is being built in each area, and so the Council could control the development. Councilman MacCorkle was concerned about those who invested and lived in the area, and asked why the 400 acres were proposed for annexation. It was stated when development began, there were no land uses nor building controls in the Spicewood Springs area, and there was such an encroachment of uncontrolled county land in this large area, that the total area should be considered. The Assistant Planning Director stated when these areas are annexed, the City would need to consider improving Spicewood Springs Road, a proposed major arterial street, but now only a two-lane county road. Also the City would need to consider the drainage along Spicewood Springs Road. Mr. Barrow stated there would be a request to annex 200 feet on both sides of Mesa Drive within the next 6 to 12 months. Mayor LaRue gave a review of the City's position, that property would be annexed in the interest of the community for municipal purposes for the orderly planning and development of streets, bridges, drainage, utilities and other services. Since water is available on both sides, all of the area should be annexed for orderly development and protection of the surrounding area. The situation is unique with respect to fire and police protection also. C _ CITY OF AUSTIN, TEXAS November 19, 1970 1232 MR. EGBERT SMITH, owner of 52 acres on the western extreme of the tract, discussed the installation of sewer lines and terrain of his property. The drainage goes east to Shoal Creek which is overloaded. He stated this property is not ready to be serviced at this time. Councilman Atkison moved that the Council take the necessary action to annex the 400 acres in the Spicewood Springs area. The motion, seconded by Councilman MacCorkle, failed to carry by the following vote: Ayes: Councilmen Atkison, MacCorkle, Mayor LaRue Noes: Councilmen Gage, Janes, Johnson, Price Councilman Johnson moved that the City Attorney be asked to draw the necessary document to annex all properties fronting on Spicewood Springs Road which are not presently in the city north of Spicewood Springs Road, and properties which would be included south of Spicewood Springs Road which would be included in a line projected 250 feet off the center line of the presently existing road and including the property which would be east of the same projected line off of the proposed Mo-Pac Boulevard; 250 feet off of Mesa Drive on both sides (as amended), The motion, seconded by Councilman Janes, failed to carry by the following vote: Ayes: Councilmen Janes, Johnson, Noes: Councilmen Atkison, Gage, MacCorkle, Price, Mayor LaRue Councilman MacCorkle did not want to draw lines as to what should be annexed or not. Mayor LaRue warned against strip annexation around areas, as a Judge had thrown out the entire annexation of a part of Westlake Hills for running a strip around 2,000 acres. Mayor LaRue stated the City and citizens would best be served by the annexation of the entire area. Councilman MacCorkle moved that the Council turn the matter back to the proper authorities for study and recommendation to the Council by the second week in December. Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price LaRue Noes: None FIESTA GARDENS - CONTRACT The Deputy City Manager, Mr. Dan Davidson, reviewed the two-year contract, stating it was an excellent one although there was only the one bidder. The inadequacies of the former contract concerning liability on the barge, which could not be obtained, and the short term contract on which investments could not be made, were pointed out. Specifications were advertised for bids on a two-year agreement. A provision was included that should the City make major improvements over $25,000, the contract would be renegotiated. Mr. Elich is to pay $200 per month from April through September, and $100 per month from October 1 through March 31st. (Minimum of $1800). He would in addition pay an annual fee of $3,500 plus 1% of his gross receipts which would equal or exceed the city's previous revenue. The lessee will provide utilities for the main building, and the City will pay for watering the grounds and lighting the exterior of the building. The lessee would keep the gardens, interior of the building and patio clean at all times. Any redecoration inside the building would be the lessee's responsibility. The City will continue with the ground C _ CITY OF AUSTIN, TEXAS November 19, 1970 1233 maintenance and be responsible for the structural parts of the building. They proposed that the party barge be leased to Mr. Elich under this agreement, and that the insurance be of such amount that he could obtain coverage to protect the City in any liability. This is to be worked out with the City Attorney at a possible $100,000 - $200,000 coverage. A bond would be required of a minimum guarantee of $10,600 per year, and the City would no longer be obligated to the annual payment to Mr. Elich. As to the Aqua Festival activities, the lessee agrees to negotiate with an equitable arrangment between the Aqua Festival officials, the City of Austin, and himself. Councilman MacCorkle stated some access should be provided. The City Manager agreed, stating that access shold be provided from the west side, and he would come back to the Council with a suggestion. Mayor LaRue noted that the maintenance should be the very best, as Fiesta Gardens is a very big investment. Councilman Price offered the following resolution and moved its adoption (RESOLUTION) WHEREAS, bids were received by the City of Austin on November 6, 1970, for a two-year contract for the concession rights at Fiesta Gardens; and, WHEREAS, the bid of Leslie Elich in the sum of $3,500 minimum annual payment plus $200 minimum base rent for the months of April through September, and $100 per month for the months of October through March, plus one percent (1%) of the gross receipts was the only 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 Leslie Elich in the aforementioned sum, 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 Leslie Elich. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None REFUND CONTRACT Mayor LaRue introduced the following ordinance: AN ORDINANCE AUTHORIZING THE DEPUTY CITY MANAGER TO ENTER INTO A CERTAIN REFUND CONTRACT WITH WESTOVER HILLS, INCORPORATED; AND DECLARING AN EMERGENCY. 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 Price, carried by the following vote: C CITY OF AUSTIN, TEXAS November 19, 1970 1234 Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue 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 Price, carried by the following vote: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Ayes: 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 Price, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Mayor announced 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: LOTS 3, 4, 5 AND 6. SPRINGDALE PARK, LOCALLY KNOWN AS 1144-C - 1100-D SPRINGDALE ROAD, FROM "A" RESIDENCE DISTRICT TO "B" RESIDENCE 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 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, Noes: None Mayor LaRue し ردد C CITY OF AUSTIN, TEXAS November 19, 1970 1.235 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 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: TRACT 11: A 3.7 ACRE TRACT OF LAND OUT OF THE JAMES MITCHELL SURVEY NO. 17, LOCALLY KNOWN AS 7952-8110 SHOAL CREEK BOULEVARD, FROM "A" RESIDENCE DISTRICT TO "O" OFFICE DISTRICT; TRACT 12: A 3.6 ACRE TRACT OF LAND OUT OF THE JAMES MITCHELL SURVEY NO. 17, LOCALLY KNOWN AS 8110-8140 SHOAL CREEK BOULEVARD AND 32253321 STECK AVENUE, FROM "A" RESIDENCE DISTRICT AND "D" INDUSTRIAL DISTRICT TO "GR" GENERAL RETAIL DISTRICT; ALL OF 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 passed 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 Johnson moved that The the rule be suspended and the ordinance passed to its third reading. 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 the ordinance be finally passed. carried by the following vote: third time and Councilman Johnson moved that The motion, seconded by Councilman Price, Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None The Mayor announced the ordinance had been finally passed. C C C CITY OF AUSTIN, TEXAS November 19, 1970 1236 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 28.44 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE SANTIAGO DEL VALLE GRANT, AND 5.93 ACRES OF LAND, SAME BEING OUT OF AND A PART OF THE JAMES ROGERS SURVEY, ALL OF SAID PROPERTY 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 first time and Councilman Price moved that the rule be suspended and the ordinance passed to its second reading. The motion, seconded by Councilman Johnson, 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 Johnson, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None X 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 ANNEXATION HEARING Mayor LaRue opened the annexation hearing scheduled for 9:30 A.M. No one appeared to participate in the hearing. Councilman Price moved the Council close the hearing and direct the administration to institute annexation proceedings on the following: 0.10 of one acre of land out of the John Applegait Survey portion of WINDSOR VILLAGE. (requested by owner's representative) 8.88 acres of land out of the William Cannon League proposed FLOURNOY'S SWEETBRIAR, SECTION VII. (requested by owner) The motion, seconded by Councilman Johnson, carried by the following vote: 2. November 19, 1970 1237 CITY OF AUSTIN, TEXAS: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None : CASH SETTLEMENTS Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the owners of Peppertree Park, Section 1, have installed a sewer approach main at a cost of $24,997.88, pursuant to a subdivision plan called Peppertree Park, Section 1, and have requested an 18%/82% cash settlement of the above amount in lieu of a refund contract; and, WHEREAS, 82% of the aforementioned $24,997.88 equals $20,498.26, which amount is agreed upon as the cash settlement value of said utility lines, in lieu of refund contract; and, WHEREAS, the Deputy City Manager and the Director of Water and Waste Water Department of the City of Austin have recommended said cash settlement in lieu of a refund contract; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That Dan H. Davidson, Deputy City Manager 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 mains, from Farm and Home Savings Association and to pay to Farm and Home Savings Association 82% of the actual cost thereof not to exceed $20,498.26. vote: The motion, seconded by Councilman MacCorkle, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, the owners of Peppertree Park, Section 1, have installed a 12-inch cast iron water main in lieu of an 8-inch cast iron water main with a cost difference of $4,023.81, pursuant to a subdivision plan called Peppertree Park, Section 1, and have requested that the City participate in the added cost of the 12-inch cast iron water main; and, WHEREAS, the Deputy City Manager and the Director of Water and Waste Water Department of the City of Austin have recommended said participation; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: C CITY OF AUSTIN, TEXAS November 19, 1970 1238 That Dan Davidson, Deputy City Manager, be and he is hereby authorized and directed to enter into a participation agreement under the terms of which the City of Austin shall acquire title to the above described main from Farm and Home Savings Association, the actual cost of said participation not to exceed $4,023.81. vote: The motion, seconded by Councilman MacCorkle, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None EASEMENT RELEASED Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, certain easements were granted to the City of Austin for public utility purposes by map or plat of Banister Acres, a subdivision in the City of Austin, Travis, County, Texas, of record in Book 4 at Page 178 of the Plat Records of Travis County, Texas, said easements being out of and a part of Tract B, Dobson and Terry Subdivision, a subdivision in the City of Austin, Travis County, Texas, of record in Book 46 at Page 57 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 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 easements, to-wit: Three (3) strips of land, each of the said three (3) strips of land being five (5.00) feet in width and being out of and a part of Tract B, Dobson and Terry Subdivision, a subdivision in the City of Austin, Travis County, Texas, of record in Book 46 at Page 57 of the Plat Records of Travis County, Texas, the strip of land hereinafter described as Number One being out of and a part of Lots 1 through 3, Block 2, Banister Acres, the strip of land hereinafter described as Number Two being out of and a part of Lot 14, Block 2, Banister Acres, and the strip of land hereinafter described as Number Three being out of and a part of Lot 3, Block 2, Banister Acres, said Banister Acres being a subdivision in the City of Austin, Travis County, Texas, of record in Book 4 at Page 178 of the Plat Records of Travis County, Texas; each of the said three (3) strips of land five (5.00) feet in width is more particularly C CITY OF AUSTIN, TEXAS November 19, 1970 1239 described as follows: NUMBER ONE, BEING all of the south five (5.00) feet of Lots 1 through 3, Block 2, in said Banister Acres. NUMBER TWO, BEING all of the north five (5.00) feet of Lot 14, Block 2, in said Banister Acres. NUMBER THREE, BEING all of the east five (5.00) feet of Lot 3, Block 2, in said Banister Acres. vote: The motion, seconded by Councilman MacCorkle, carried by the following Ayes: Councilmen Gagé, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Absent at roll call: Councilman Atkison STREET NAME CHANGE Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, on a map or plat of Westover Hills, Section One, a Subdivision of record in Book 50 at Page 76 of the Plat Records of Travis County, Texas, a certain street extending from the west line of Cameron Road in a westerly direction 287 feet, more or less, to its termination, is designated as Glacier Drive; and, WHEREAS, the owners of lots abutting the hereinafter described street have requested that the name of Glacier Drive be changed to Childress Drive; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the name of the following described street designated as Glacier Drive, as the name appears on maps or plats of the City of Austin, be and the same is hereby changed to Childress Drive, said street so changed being described as follows: Being all that certain street sixty (60.00) feet in width. in the City of Austin, Travis County, Texas, known as Glacier Drive as shown on a map or plat of Westover Hills, Section One, a subdivision in the City of Austin, Travis County, Texas, of record in Book 50 at Page 76 of the Plat Records of Travis County, Texas, which Glacier Drive extends from the west line of Cameron Road in a westerly direction 287 feet, more or less, to its termination. The motion, seconded by Councilman Gage, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Prize, Mayor LaRue Noes: None. November 19, 1970 1240 - CITY OF AUSTIN, TEXAS ! ΑΝΝΕΧATION HEARING SET Councilman Price 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 9:30 o'clock A.M., in the City Council Chambers of the City of Austin on the 3rd day of December, 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: 19.5 acres of land, same being out of and a part of the John Applegait Survey in Travis County, Texas, which 19.5 acres of land are more particularly described by metes and bounds as follows: BEGINNING at an iron pin on the present corporate limit line of the City of Austin as adopted by ordinance dated August 29, 1968, which point of beginning is the northwest corner of Lot 2, Northcape, Section C-3, a subdivision of record in Book 41 at Page 40 of the Plat Records of Travis County, Texas, same being a point in the east line of Middle Fiskville Road; THENCE, with said present corporate limit line of the City of Austin as adopted by ordinance dated August 29, 1968, in a westerly direction to the most westerly southwest corner of the herein described tract of land, same being a point in the west line of Middle Fiskville Road, same being the proposed corporate limit line of the City of Austin; THENCE, with the proposed corporate limit line of the City of Austin, same being said west line of Middle Fiskville Road, N 28° 44' E 1,533 feet, more or less, to the northwest corner of the herein described tract of land; THENCE, continuing with the proposed corporate limit line of the City of Austin, S 61° 16' E 60.00 feet to an iron pin at the southwest corner of that certain tract of land conveyed to the City of Austin, a municipal corporation, by deed of record in Volume 1492 at page 521 of the Deed Records of Travis County, Texas, same being a point in the east line of Middle Fiskville Road; THENCE, continuing with the proposed corporate limit line of the City of Austin, S 60° 45' E 220.00 feet to an iron pin on the present corporate limit line of the City of Austin as adopted by ordinance dated March 12, 1970; THENCE, with said present corporate limit line of the City of Austin as adopted by said ordinance dated March 12, 1970, ordinances dated June 18, 1964, and November 6, 1969, and the aforesaid ordinance dated August 29, 1968, in an easterly, southerly, westerly and northly direction 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. CCC د د CITY OF AUSTIN, TEXAS November 19, 1970 1241 The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None ACQUISITION OF LAND 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 offer of the owners and claimants of the hereinafter described tract of land to convey unencumbered fee simple title thereto to the City of Austin in consideration of the cash payment of $325.00 therefor be accepted, and that the City Manager or his designate be and he is hereby authorized to consummate purchase of the following described tract of land, to-wit: A 11 EXHIBIT "A" SEE ATTACHED EXHIBIT "A" (808 Montopolis Drive) Jesse C. Ybarra, et ux Lillie Ybarra to The City of Austin (For Street Purposes) (Montopolis Drive) FIELD NOTES FIELD NOTES FOR 1033 SQUARE FEET OF LAND, SAME BEING OUT OF AND A PART OF LOT 1, BLOCK 4, PITTS SUBDIVISION, A SUBDIVISION IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, ACCORDING TO A MAP OR PLAT OF SAID PITTS SUBDIVISION OF RECORD IN BOOK 4 AT PAGE 283 OF THE PLAT RECORDS OF TRAVIS COUNTY, TEXAS; WHICH LOT 1, BLOCK 4, PITTS SUBDIVISION WAS CONVEYED TO JESSE C. YBARRA, ET UX, BY WARRANTY DEED DATED SEPTEMBER 3, 1969, OF RECORD IN VOLUME 3747 AT PAGE 2318 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; SAID 1033 SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the northeast corner of said Lot 1, same being a point in the present west line of Montopolis Drive, for the northeast corner of the herein described tract of land; THENCE, with the east line of said Lot 1, same being the present west line of Montopolis Drive, S 30°09′ W 111.13 feet to the southeast corner of said Lot 1, same being in the present north line of Felix Avenue, for the southwest corner of the herein described tract of land; CCC CITY OF AUSTIN, TEXAS November 19, 1970 1242 THENCE, with the south line of said Lot 1, same being the present north line of Felix Avenue, N 60° 31' W 10.73 feet to a point in the proposed west line of Montopolis Drive, same being a line 32.50 feet west of and parallel to the proposed base line of Montopolis Drive as established by the Department of Public Works of the City of Austin, for the southeast corner of the herein described tract of land; THENCE, with the said proposed west line of Montopolis Drive, in a northerly direction, with the following two (2) courses: (1) N 31°25' E 75.33 feet to a point, and from which point an x cut on a concrete walk bears N 57°32' W 2.50 feet; (2) N 33°30' E 36.12 feet to a steel pin set in the north line of said Lot 1, for the northwest corner of the herein described tract of land; THENCE, with the said north line of Lot 1, S 58° 56' E 6.95 feet to the point of beginning. vote: The motion, seconded by Councilman Janes, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None Councilman Price offered the following resolution and moved its adoption: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the offer of the owners and claimants of the hereinafter described tract of land to convey unencumbered fee simple title thereto to the City of Austin in consideration of the cash payment of $437.78 therefor be accepted, and that the City Manager or his designate be and he is hereby authorized to consummate purchase of the following described tract of land, to-wit: EXHIBIT "A" SEE ATTACHED EXHIBIT "A" (412 Montopolis Drive) Montopolis Church of Christ to The City of Austin (For Street Purposes) (Montopolis Drive) FIELD NOTES FIELD NOTES FOR 1,831 SQUARE FEET OF LAND, SAME BEING OUT OF AND A PART OF THAT CERTAIN TRACT OF LAND OUT OF THE SANTIAGO DEL VALLE GRANT IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, WHICH CERTAIN TRACT OF LAND WAS CONVEYED TO THE MONTOPOLIS CHURCH OF CHRIST BY WARRANTY DEED DATED DECEMBER 26, 1968, OF RECORD IN VOLUME 3604 AT PAGE 1243 OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS; CITY OF AUSTIN, TEXAS November 19, 1970 1243 SAID 1,831 SQUARE FEET OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a steel pin set on the proposed west line of Montopolis Drive, same being a line 32.50 feet west of and parallel to the proposed base line of Montopolis Drive, for the southwest corner of the heréin described tract of land, which point of beginning is in the south line of the said Montopolis Church of Christ tract of land and from which point of beginning a steel pin found at the northeast corner of Lot 2, Emma Hutchins Subdivision, a subdivision of record in Book 48 at Page 37 of the Plat Records of Travis County, Texas, bears $30°35' W 196.59 feet, S 30. 11' W 84.67 feet and N 59°49' W 2.50 feet; THENCE, with the said proposed west line of Montopolis Drive, N 30° 35' W 204.91 feet to a steel pin set on the north line of the said Montopolis Church of Christ tract of land, for the northwest corner of the herein described tract of land; THENCE, with the said north line of the Montopolis Church of Christ tract of land S 60° 12' E 10.07 feet to a point in the present west line of Montopolis Drive, for the northeast corner of the herein described tract of land. THENCE, with the said present west line of Montopolis Drive, S 31° 13' W 204.97 feet to an iron pin found on the aforesaid south line of the Montopolis Church of Christ tract of land, for the southeast corner of the herein described tract of land; THENCE, with the said south line of the Montopolis Church of Christ tract of land, N 60° 04' W 7.80 feet to the point of beginning. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None EASEMENT RELEASED Councilman Price offered the following resolution and moved its adoptión: (RESOLUTION) WHEREAS, a certain easement was granted to the City of Austin for drainage purposes by map or plat of Manchaca Estates, a subdivision in the City of Austin, Travis County, Texas, of record in Book 5 at Page 149 of the Plat Records of Travis County, Texas, same being out of and a part of Lot 1, Block 4 of said Manchaca Estates; 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, CITY OF AUSTIN, TEXAS November 19, 1970 1244 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: 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: Being all that certain strip of land twenty (20.00) feet in width that traverses Lot 1, Block 4, Manchaca Estates, a subdivision in the City of Austin, Travis County, Texas, of record in Book 5 at Page 149 of the Plat 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 3 TRANSMISSION LINE ENCROACHMENT 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 City Manager be and he is hereby authorized and directed to enter into a certain wire line crossing agreement with Southern Pacific Land Company, for the installation of a 138 KV transmission line in the vicinity of Mile Post 110, at Austin; and in accordance with the terms and provisions of that certain agreement as exhibited to the City Council; 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 agreement in the permanent records of her office without recordation in the Minutes of the City Council. (Decker-Kingsbery Substation transmission line encroachment) vote: The motion, seconded by Councilman Johnson, carried by the following Ayes: Councilmen Atkison, Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: None. CONSTRUCTION OF SHOP BUILDING "E" Councilman Gage stated he had not seen any plans. The Director of Construction Engineering, Mr. Al Eldridge, distributed sketches. The City C 1245 November 19, 1970 - CITY OF AUSTIN, TEXAS Manager reported funds are available in the C.I.P. Councilman Price offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on November 10, 1970, for the construction of Shop Building "E" at East Service Center for Fleet Administration; and, WHEREAS, the bid of Anken Construction Company in the sum of $333,440.00 was the lowest and best bid therefore and the acceptance of such bid has been recommended by the Director of Construction Engineering of the City of Austin by the City Manager; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That the bid of Anken Construction Company in the sum of $333,440.00 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 Anken Construction Company. The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes: Councilmen Atkison, Gage Councilman Gage stated he was voting against the award until he saw the plans. He suggested if in the future expenditures of this amount were to be made on new buildings, fire stations, etc., that plans be included in the agenda packet, or that they be made available in the ante room for review. Councilman Janes suggested that a set of building plans be provided in the ante room. CHANNEL WORK AND SLOPE PROTECTION - SHOAL CREEK The Director of Public Works stated this channel and slope project between White Rock Drive and Shoal Creek Boulevard had been submitted several weeks previously by Mr. Charles Graves, and bids had been taken. The three effected property owners have agreed to pay a portion of the cost, $2,330.00, out of a total of $9,979.00. Councilman Johnson offered the following resolution and moved its adoption: (RESOLUTION) WHEREAS, bids were received by the City of Austin on November 17, 1970, for Channel Work and Slope Protection on the Shoal Creek Project; and, WHEREAS, the bid of Pat Canion Excavating Company in the sum of $9,979.00 was the lowest and best bid therefore and the acceptance of such bid has been recommended by the Director of Public Works 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 Pat Canion Excavating Company in the sum of $9,979.00 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 Pat Canion Excavating Company. CCCCC CITY OF AUSTIN, TEXAS November 19, 1970 1246 The motion, seconded by Councilman Janes, carried by the following vote: Ayes: Councilmen Atkíson, Gage, Janes, Johnson, MacCorkle, Price Noes: None Mayor LaRue GREEN THUMB PROGRAM The City Manager reported that the Recreation Director would explain how this program could be utilized. Mr. Sheffield stated Mr. Samuelson, County Commissioner and local representative of the Farmers Union of America, had discussed this program, financed by the Federal Government, for older people from the rural life who are desirous of working for gain. The program carries its own insurance, and the City would provide tools or materials for new construction. Personnel could be assigned to various areas--Zilker Gardens, conservation projects, and hike and bike trails. The supervision of the men on the job is the City's. Councilman Gage moved the Council approve the Green Thumb Program as explained. The motion, seconded by Councilman Price, carried by the following vote: Ayes: Councilmen Gage, Janes, Johnson, MacCorkle, Price, Mayor LaRue Noes:: None Absent at roll call: Councilman Atkison CAPITAL IMPROVEMENT PROGRAM (Financial Posture) The City Manager reported he was in the process of determining factually the funds available this year, and for each of the next two years for the Capital Improvement Program. A careful study of each of the Capital programs had been made. In the Utility Capital Improvement Program, it is known that Decker No. 2 will cost $30 million; Decker No. 3, $70, million; and without any of the sewer programs and water programs, there is $100 million for those two units at Decker. For the proposed program for the Electric Department, there was a deficity financing situation of the projected income and bond sales already authorized of $4,500,000. The second proposal balances with the anticipated revenue on the conservative side. The $4-1/2 million is not conservative. Within the next week or 10 days, he would come back with a balanced program as far as the utilities are concerned, and go over the financial programs for the Council to determine how fast and far they should go. It is necessary now to start making other provisions for the $100 million other than what had been done before. A close scrutiny should be made of the Utilities and of the General Obligation bond sales. The City Manager stated he would bring back to the Council not only a report on the financing but a start on the Capital Improvement Program. DELUX CAB COMPANY HEARING The Traffic Engineer, Mr. Joe Ternus, distributed material summarizing reports and copies of series of letters in corresponding with Mr. Hawkins, DeLux Cab Company. The Traffic Engineer listed the discrepancies, incomplete CITY OF AUSTIN. TEXAS November 19, 1970 1247 し statements, tax delinquencies, and other items of Mr. Hawkins non-compliance with the taxicab ordinance. MR. IRWIN SALMANSON, representing the DeLux Cab Company said he had just been called in on the case, stated most of the problems associated with DeLux could be cleared out, and asked that Mr. Hawkins be given the opportunity to clear up these points. Councilman Price stated the operator was well aware of the regulations, and had been given additional time already. He did not want unsafe or uninspected cabs on the street. Lengthy discussion was held. Mr. Salmanson asked for two weeks' time to get Mr. Hawkins in position to operate. The City Attorney stated the Council could continue its review for a period of time. Mr. Hawkins spoke in his own behalf and asked for another chance. After a thorough hearing and review of the franchise and operation, Councilman Gage moved the Council...continue the hearing for two weeks, providing that Mr. Hawkins' cabs not be on the streets until they are all fully inspected and passed by the Taxi Cab Officer; and that the insurance be valid. Mr. Salmanson, with regard to enforcement, understood if some of the cabs were found not to have passed inspection, that the City might want to pull all of the cabs off. The motion, seconded by Councilman Atkison, carried by the following vote: Ayes: Councilmen Atkison, Gage, Janes, Mayor LaRue Noes: Councilmen Johnson, MacCorkle, Price CEMETERY IMPROVEMENTS Councilman Gage, driving down Hancock Drive noted the rock wall by the cemetery was falling down. The City Manager reported they had work orders to get the wall straightened up. They are trying to take this wall down and put up a permanent chain link fence with shrubbery. The City Manager reported also a sprinkling system was being installed, and he was coming back with a contract for a larger sized pipe. As to funds, the City Manager stated the sprinkling system would be installed by the Water Department; and there are other funds available for this type of work under the perpetual care. Councilman Gage asked that the Council have a memorandum spelling out what kind of work programs are outlined at the cemeteries. SOCIAL SERVICE CENTER Councilman Janes noted a letter about the service centers that the Public Housing Authority was talking about, and that the County was going to be participating. The City Manager stated it appeared they wanted the City to pay for half the rental on three apartments to have a ſocial Service at the Housing Project. The Mayor stated the Council would get an answer to that soon. There being no further business, the Council adjourned at 3:30 P.M., subject to the call of the Mayor. C C C C ATTESTED: City Clerk し =CITY OF AUSTIN, TEXAS November 19, 1970 8 APPROVED: Mayor