1125 CITY OF AUSTIN, TEXAS MINUTES OF THE CITY COUNCIL CITY OF AUSTIN, TEXAS Regular Meeting September 26, 1974 1:00 Ρ.Μ. Electric Auditorium 301 West Avenue The meeting was called to order with Mayor Pro Tem Love presiding. Roll Call: Present: Absent: Councilmen Binder, Dryden, Handcox, Mayor Pro Tem Love Councilmen Lebermann, Friedman, Mayor Butler The Invocation was delivered by REVEREND DONALD S. HAUCK. APPOINTMENTS Mayor Pro Tem Love announced that the Council had been in an Executive Session earlier that day and that appointments were discussed and were now before the Council for action. Goals Assembly Councilman Ilandcox moved that the Council appoint the following to the Goals Assembly of the Austin Tomorrow Program: Don Herzog Brigido Mireles John C. Foster Gary II. Newton John Hunt, Jr. Lorraine Yancey James Farley Wall Leo Danze Robert Anderson Margaret McCraken Lloyd Kerley Roosevelt Thomas The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann =CITY OF AUSTIN, TEXAS- September 26, 1974 1126 DAY-IN-COURT FOR LEGAL SECRETARIES Councilman Binder read and then presented a proclamation to Ms. Nancy Norris and Ms. Elaine Brooks proclaiming that October 9, 1974, be designated as "Day-In-Court For Legal Secretaries" and urged all legal secretaries to avail themselves of this opportunity to learn more about their profession. ANNUAL FIRE PREVENTION WEEK Councilman Dryden read and then presented a proclamation to Mr. Jim Colbert and Mrs. Isabel Martin proclaiming the week of October 7-12, 1974, as "Annual Fire Prevention Week" and invited all residents of Austin to join the Council in making the City and homes safer through the elimination of fire hazards. APPROVAL OF MINUTES Councilman Handcox moved that the Council approve the Special Meeting Minutes of September 18, 1974, and the Regular Meeting Minutes of September 19, 1974. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler PARADE PERMIT FOR AMERICAN HEART ASSOCIATION Councilman Dryden moved that the Council approve a request by Lee Russell for a parade permit for the American Heart Association on October 13, 1974, from 12:00 noon until 6:00p.m. to make the citizens of Austin aware of the importance of exercise for their health and to raise funds for the services provided by the Association. It was noted that the parade would begin on East Frontage Road of I.H. 35 from the State Farm Insurance building to Pflugerville High School and would return on the West Frontage Road of I.H. 35 to the State Farm Insurance building. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Noes: Councilmen Binder, Dryden, Handcox, Mayor Pro Tem Love None Absent: Councilmen Friedman, Lebermann, Mayor Butler PARADE PERMIT FOR TEXAS A & M UNIVERSITY Councilman Dryden moved that the Council approve a request by Mr. Jack G. Fritts for a parade permit for Texas A & M University, Corps of Cadets, on November 29, 1974, from 8:00 a.m. until 2:00p.m., preceding the annual Texas A & M versus University of Texas football game, from East Third Street, north on Congress Avenue, west on 11th Street to Lavaca, dispersing around the Capitol grounds. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilmen Dryden, Handcox, Mayor Pro Tem Love, Councilman Binder Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler =CITY OF AUSTIN, TEXAS September 26, 1974 1127 DISCUSSION OF HOSPITAL EQUIPMENT Mrs. Anne R. Lassiter, President of Austin Right to Life Committee, appeared before the Council to discuss hospital equipment. She stated that her organization wanted to oppose the use of the vacuum aspirator now being utilized for abortions at Brackenridge, which she felt was being used without the knowledge or consent of the citizens. Ms. Mary Ellen Felps, attorney and member of the Committee, sympathized with the single woman who was pregnant; however, she pointed out that the Supreme Court had clearly stated that a woman is not entitled to an abortion simply because she demands it. She requested that the Council look carefully at the policy of the Hospital and make a determination of present and future policy based on legal considerations only. She quoted from a statement made by Mr. Don Butler, City Attorney, several months ago: "We are not compelled to perform abortions on demand; therefore, our regulatory position should be strictly neutral." She further requested that abortion services be left to the private sector of the medical community. In conclusion, she requested that if the decision should be a matter of public choice, the choice of the Hospital Administrator, or the choice of the Council, they be included in the decisionmaking process. matter. Councilman Dryden took this opportunity to reaffirm his position on this Councilman Binder also reaffirmed his position. Mayor Pro Tem Love announced that his actions would be predicated on the interpretation of Mr. Butler; however, in respect to abortion itself, he stated he was opposed to it. Dr. Paula Latimer, second-year law student at the University, noted that regardless of an individual's opinion on abortion, it had been the State Attorney General's opinion that a public hospital offering a full range of services to the public was required to offer abortion services. She stated that it was illegal to arbitrarily select one service and exclude it, and the City had no legal option but to afford this service. Councilman Handcox stated that he would have to rely on legal opinion. In response to Councilman Binder's comment that the City could not close its doors and single out this procedure, Mrs. Lassiter stated that the Hospital did not take care of alcoholics or psychiatric patients except under extreme emergencies and, therefore, did not provide a wide range of services. patient. Councilman Dryden felt that this should be between the doctor and his HEARING ON STREET VACATION Mayor Pro Tem Love opened the public hearing scheduled for 1:00 p.m. on the proposed vacation of the following street: TOWNES LANE from the east right-of-way line of WINSTED LANE in an easterly direction 110 feet, more or less, to the west right-of-way line of MOPAC BOULEVARD. (Initiated by the City of Austin.) September 26, 1974 1128 CITY OF AUSTIN, TEXAS Mr. Dick Lillie, Planning Department Director, reviewed this by stating that the purpose was to construct and extend the existing electric substation on this location. He noted that approximately 6 months to 1 year ago a special Permit was approved by the Planning Commission for construction of this and was not appealed to the Council for further deliberation. He pointed out that the substation plant would come within 42 feet of the north property line of the City but was approved subject to the retention of the easements as required by the various City departments. Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE VACATING AND PERPETUALLY CLOSING THAT CERTAIN PORTION OF TOWNES LANE, IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS SUSPENDING THE RULE REQUIRING THE READING OF AN ORDINANCE ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. The ordinance was read the first time, and Councilman Ilandcox moved the ordinance be passed to its second reading. The motion, seconded by Councilman Dryden, carried by the following vote: Ayes: Councilman Handcox, Mayor Pro Tem Love, Councilmen Binder, Dryden Noes: None Absent: Councilman Lebermann, Mayor Butler, Councilman Friedman STREET NAME CHANGE Councilman Dryden moved that the Council adopt a resolution authorizing the following street name change: From BRIDGEWATER DRIVE to COLD STREAM DRIVE The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann RELEASE OF EASEMENTS Councilman Dryden moved that the Council adopt a resolution authorizing the release of the following easement: A portion of the Public Utilities Easement five (5.00) feet in width in Lot 1, Block K, NORTHWEST TERRACE SECTION ONE. (Requested by Mr. Tommie C. Roe, owner.) The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann =CITY OF AUSTIN, TEXAS September 26, 1974 1129 Councilman Dryden moved that the Council adopt a resolution authorizing the release of the following easement: A portion of the Drainage and Public Utilities Easement fifteen (15.00) feet in width centered on the common lot line between Lots 11 and 12, BLOCK H, VISTA WEST III. (Requested by Mr. B. F. Priest, Registered Public Surveyor representing Mr. Bill Milburn, owner.) The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann LICENSE AGREEMENT WITH BANK Councilman Dryden moved that the Council adopt a resolution granting the following license agreement: BANK OF AUSTIN Permitting encroachment by a parking facility into two (2) portions of the right of way of LONG BOW LANE. (Requested by Bank of Austin, owner of parking facility, which lies along the north side of Long Bow Lane at its intersection with South Congress Avenue.) The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann LICENSE AGREEMENT WITH RAILROAD COMPANY Councilman Dryden moved that the Council adopt a resolution authorizing the City Manager to enter into a license agreement with the Missouri-KansasTexas Railroad Company to install a 12-inch water main at Mile Post 952.7, Austin, Texas. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann CONTRACTS AWARDED Councilman Handcox moved that the Council adopt a resolution awarding the following contract: Bid Award: EXXON COMPANY, U.S.A. 800 Bell Houston, Texas ATLANTIC-RICHFIELD CO. 240 North Broad Street Philadelphia, Pennsylvania TED TRUE, INC. 3925 Galveston Road Houston, Texas CITY OF AUSTIN, TEXAS September 26, 1974. For the purchase of Fuel Oil #2 during June-August, 1974, for the production of electric energy. 32,617 gallons at $0.294 per gallon. Total $9,589.40 97,272 gallons at $0.3132 per gallon. Total $30,465.59 843,782 gallons at $0.285 per gallon. Total $240,503.63 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler 1130 Councilman Handcox moved that the Council adopt a resolution awarding the following contracts: Bid Award: (1) Adult and Juvenile Books, (2) Juvenile Books with Prebinding & (3) Musical and Spoken Records for Austin Public Libraries. Twelve Months' Supply Agreement. BAKER & TAYLOR, INC. Industrial Park Clarksville, Texas 29.1% Discount $231,000.00* *This had originally been stipulated as $247,570.00; however, City Manager Davidson noted that the amount would be reduced in connection with action taken by the Council on September 19, 1974, with regard to approval of the 1974-75 Operating Budget, to become effective October 1, 1974. BOUND TO STAY BOUND BOOKS West Morton Road Jacksonville, Illinois 30% Discount + $1.35/book $44,000.00* *This was originally $50,000.00 and was changed due to budgetary action as mentioned earlier. NATIONAL RECORD PLAN 28 West 25th Street New York, New York 43% Discount $12,000.00* *This was originally $30,000.00 and was changed due to budgetary action as mentioned earlier. CITY OF AUSTIN, TEXAS─==September 26, 1974 1131 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: STRIDER SYSTEM, INC. 2101 South I. H. 35 Suite No. 204 Austin, Texas Detailed Design, Programming and Implementation of Customer and Information System and Utility Billing for Data Processing Department. Approximately twelve months' project $227,500.00 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contracts: Bid Award: ROCKWELI, INTERNATIONAL 5155 Blalock Drive Houston, Texas BADGER METER, INC. 4545 West Brown Deer Road Milwaukee, Wisconsin HERSEY PRODUCTS, INC. 250 Elm Street Dedham, Massachusetts Water Meters, Water Distribution Division. Twelve Months' Supply Agreement Item Nos. 1.1; 3600 @ $ 27.05/ea. 3.0; 2@ $3,150.00/ea. 5.2; 2 @ $1,430.37/ea. Total $106,540.74 (Subject to escalation) Item Nos. 1.2; 24 @$ Total 1.3: 350 @ $ 36.84/ea. 56.00/ea. 1.4; 250 @ $ 130.37/ea. 1.5; 150 @ $ 192.00/ea. 2.2; 15 @ $1,035.00/ea. 6 @ $2,075.00/ea. 2.3: $109,851.66 Item Nos. 2.1; 15 @ $ 663.00/ea. 4.1; 5 @ $2,498.00/ea. 5.1; 2 @ $ 71.6.00/ea. 5.3; 1 @ $2,160.00/ea. $26,027.00 (Subject to escalation) Total The motion, seconded by Councilman Binder, carried by the following vote: _ CITY OF AUSTIN, TEXAS September 26, 1974 1132 Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: SOUTHWAY ELECTRIC UTILITY SERVICE, INC. 3201 Longhorn Boulevard Austin, Texas 138 KV Station Post Insulators for Electric Department. Item No. 1.0; 495 @ $172.00/ea. Total $85,140,00 (Subject to escalation) City Manager Davidson pointed out that this was the only bid received that met the delivery standards required by the Electric Department. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: GENERAL ELECTRIC SUPPLY 110 East 4th Street Austin, Texas Insulators Suspension for Electric Department. Item 1. $9,310.00 City Manager Davidson pointed out that this was the only bid received that met the delivery standards required by the Electric Department. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: AMF CUNO LIQUID SYSTEMS c/o B/Z & ASSOCIATES 403 East Ben White Boulevard Austin, Texas Demineralizer for Ilolly Power Plant, Electric Utility Department $29,830.00. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler CITY OF AUSTIN, TEXAS September 26, 1974 1133 Councilman Handcox moved that the Council adopt a resolution awarding the following contract: PENGO DIVISION GEARHART-OWEN INDUSTRIES 1100 Everman Road Fort Worth, Texas Two Hydraulic Puller-Tensioner, Vehicle & Equipment Services Department Item 23 2 ea. @ $19,808.30 Total $39,616.60 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: GENERAL ELECTRIC COMPANY 6901 North Lamar Boulevard Austin, Texas Mobile Radio Transmitter-Receivers, Vehicle & Equipment Department. Item 3; 11 ea. @ $920.95 Total $10,130.45 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contracts: Bid Award: ALAMO MACHINERY COMPANY 946 Coliseum Road San Antonio, Texas THE ROHAN COMPANY 5304 Bandera San Antonio, Texas Sprinkler Parts for Parks and Recreation Department. Items 1, 3, 6-22, 26, 32-33, 35, 37-41, 45, 47, 55-64, 67-71, 73-108, 110-119, 121-126, 128-135, 139-167, 169-170, 172, 176 and 178-186 $13,118.59 Items 4, 5, 23, 43-44, 48-50, 52, 66, 109, 127, 136-138, 171 and 177 $5,348,82, The motion, seconded by Councilman Binder, carried by the following vote: CITY OF AUSTIN, TEXAS September 26, 1974. 1134 Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: FOXBORO COMPANY 5460 Buena Vista Mission, Kansas Controls and Instruments for Decker Unit #2 $394,387.00 (subject to escalation) Mr. Tom Lewis, representing Bailey Meter Company, noted that his firm had been the low bidder on this. City Manager Davidson stated that as recommended by the Electric Department's staff and the consulting engineers, Bovay Engineering, the City was recommending the low evaluated bid in this case, Mr. W. C. Tolbert, representing Bovay, further reviewed this by stating that the prices received on these bids were subject to escalation and that the bid submitted by Bailey was subject to escalation in its entirety. He added that approximately $250,000 of Foxboro's bid was firm, and the only items subject to escalation would be the outpurchased items. He concluded that when an escalation of 1% per month to the time of delivery was applied plus an adder for equipment on which Bailey did not bid but was specified, Foxboro's price would become the evaluated low bid. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: RILEY CO., PANALARM DIVISION c/o THE HESSLER COMPANY P. 0. Box 8207 Prairie Village, Kansas =CITY OF AUSTIN, TEXAS September 26, 1974 1135 Annunciator and Event Recorder for Decker Unit #2 (Subject to escalation) $59,247.00 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: DRAVO CORPORATION Marietta, Ohio High Pressure Piping for Decker Unit #2 - $755,989.00 (Subject to escalation) The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Noes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox None Absent: Councilmen Friedman, Lebermann, Mayor Butler Councilman Handcox moved that the Council adopt a resolution awarding the following contract: N. L. LEASE SERVICES, INC. P. O. Box 217 Marble Falls, Texas For the installation of 12" water main (Ed Bluestein Boulevard), C.I.P. 4095 2 $67,071.00 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler CITY OF AUSTIN, TEXAS September 26, 1974 1136 REJECTION OF BID Councilman Handcox moved that the Council adopt a resolution rejecting the following bid: Rejection of bid For the renovation of the Montopolis Recreation Center In response to Mayor Pro Tem Love's question, City Manager Davidson noted that the bids came in too much above the City's estimates and above the amount budgeted for the item. indicated that the City would readvertise, He The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler CONSIDERATION OF CONTRACT WITHDRAWN Consideration of the following contract was withdrawn. INTERNATIONAL BUSINESS MACHINES 1609 Shoal Creek Boulevard Austin, Texas I.B.M. Mag Card II Typewriter for Planning Department $11,800,00 CHANGE ORDER FOR ADDITIONAL PAVING Councilman Dryden moved that the Council adopt a resolution approving a change order in the amount of $10,764.00 to Cullum & Dickehut Company for additional paving in conjunction with the construction of Turtle Creek Relief Main, C.I.P. No. 5058 0. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Noes: Councilmen Binder, Dryden, Handcox, Mayor Pro Tem Love None Absent: Councilmen Friedman, Lebermann, Mayor Butler CHANGE ORDER FOR WIDENING PROJECT Councilman Dryden moved that the Council adopt a resolution approving a change order in the amount of $8,445.00 to P. A. Stark Construction Company for the Wabash Avenue Widening Project, Contract No. 74-Pb-127. The motion, seconded by Councilman Binder, carried by the following vote: None Ayes: Councilmen Binder, Dryden, Handcox, Mayor Pro Tem Love Noes: Absent: Councilmen Friedman, Lebermann, Mayor Butler CITY OF AUSTIN, TEXAS September 26, 1974 EXTENSION OF ARRANGEMENT FOR NATURAL GAS CONSULTANT 1137 Councilman Handcox moved that the Council adopt a resolution authorizing The an extension of an arrangement with Mr. W. J. Murray, Jr., as a Natural Gas Consultant for an additional 12 months at the rate of $10,000 annually. motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilmen Dryden, Handcox, Mayor Pro Tem Love, Councilman Binder Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler SUPPLEMENT TO PROFESSIONAL SERVICES AGREEMENT Councilman Dryden moved that the Council approve a supplement to the Professional Services Agreement for the Brackenridge Hospital Phase 2A, C.I.P. Project No. 8410 2, between the City of Austin and the Brackenridge architects, to include the following project: Brackenridge Substation Site Improvements, Capital Improvements Program Project No. 3515 1. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Councilman Handcox, Mayor Butler, Councilmen Binder, Dryden Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler TEMPORARY CLOSING OF STREET Councilman Binder moved that the Council. adopt a resolution temporarily closing West 21st Street from Pearl Street to Rio Grande Street, on September 28, 1974, from 4:00p.m. to 1:00 a.m. for a street party celebrating the opening of the 21st Street College House. The motion, seconded by Councilman Handcox, carried by the following vote: Ayes: Councilman Handcox, Mayor Pro Tem Love, Councilmen Binder, Dryden Noes: None Absent: Councilman Lebermann, Mayor Butler, Councilman Friedman ACQUISITION OF LAND FOR RUNDBERG LANE Councilman Handcox moved that the Council adopt a resolution authorizing the acquisition of certain land for widening and paving Rundberg Lane: 0.30 of one acre of land out of and part of that certain 49.68 acre tract out of Lot 2, Fitzhugh Subdivision (Stonegate #4). CITY OF AUSTIN, TEXAS September 26, 1974 1138 The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilman Lebermann, Mayor Butler, Councilman Friedman Councilman Handcox moved that the Council adopt a resolution authorizing the acquisition of certain land for widening and paving Rundberg Lane: 0.55 of one acre of land out of Lots 3, 4, and 8, Fitzhugh Subdivision (Edward Joseph). The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: Absent: None Councilman Lebermann, Mayor Butler, Councilman Friedman ACQUISITION OF LAND FOR WEST 38TH STREET Councilman Handcox moved that the Council adopt a resolution authorizing the acquisition of 3711 North Lamar Boulevard (Edward Joseph) for widening and improving West 38th Street from Crawford Street to Guadalupe Street. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilman Lebermann, Mayor Butler, Councilman Friedman ACQUISITION OF LAND FOR MOPAC EXPRESSWAY Councilman Handcox moved that the Council adopt a resolution authorizing the acquisition of two tracts of land out of that certain 6.09 acre tract of land out of the James M. Mitchell Survey (George D, Duwe, Trustee) for the MoPac Expressway. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilman Lebermann, Mayor Butler, Councilman Friedman ACCEPTANCE OF GRANT AWARD FOR TRAFFIC SAFETY PROJECT Councilman Dryden moved that the Council adopt a resolution authorizing acceptance of a grant award of $14,410 for the "Systems Management for Traffic Safety" project. Grant period will be from July 1, 1974, to June 30, 1975. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann IV. = CITY OF AUSTIN, TEXAS:= September 26, 1974 SUBMISSION OF GRANT APPLICATION FOR TOWN LAKE DEVELOPMENT 1139 Councilman Dryden moved that the Council adopt a resolution authorizing submission of a grant application in the amount of $150,000 to the Bureau of Outdoor Recreation for the implementation of the Town Lake Development Phase (City will match with in-kind.) Contract period will be from November 1, 1974, to October 31, 1975. The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann SUBMISSION OF APPLICATION FOR NEW HEALTH SCIENCES COLLECTION Councilman Dryden moved that the Council adopt a resolution authorizing the City Manager to submit an application for Public Health Service grant from the Department of Health, Education and Welfare for the purpose of alteration and renovation of the New Health Sciences Collection. (Grant amount will be $50,000 with the City matching funds in the amount of $16,000.) The motion, seconded by Councilman Binder, carried by the following vote: Ayes: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Mayor Butler, Councilmen Friedman, Lebermann HEARING SET ON APPEAL OF SPECIAL CONSTRUCTION PERMIT Councilman Handcox moved that the Council set a public hearing for 1:00 p.m., October 10, 1974, on an appeal by Messrs. Terry Leifeste and Charles Croft, representing the Allandale Neighborhood Association, of the decision of the Planning Commission upholding the granting of a Special Construction Permit (Permit No. 74-07-3046). The motion, seconded by Councilman Binder, carried by the following vote: Aves: Mayor Pro Tem Love, Councilmen Binder, Dryden, Handcox Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler CORRECTION OF AMOUNT FOR PAVING INTERSECTIONS Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 740815-G, ENACTED BY THE CITY COUNCIL ON AUGUST 15, 1974, BY CORRECTING AN ERROR IN THE PAVING REFUND OF PART 3 OF SAID ORDINANCE; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON TIIREF SEPARATE DAYS; AND DECLARING AN EMERGENCY. The ordinance was read the first time, and Councilman Dryden moved that the ordinance be passed to its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: CITY OF AUSTIN, TEXAS September 26, 1974 1140 Ayes: Noes: Councilmen Binder, Dryden, Handcox, Mayor Pro Tem Love None Absent: Councilmen Friedman, Lebermann, Mayor Butler CONSIDERATION OF REFUND CONTRACT POSTPONED Consideration of the following refund contract was postponed: GREATER NORTHWEST, INC, and AUSTEX DEVELOPMENT CO. LTD. Walter Carrington, President Nash Phillips, Attorney in fact For water and wastewater improvements in Balcones Woods, Section 3-A $109,228.91 Councilman Binder felt that this should be delayed at least until there was either a full Council or until the refund contract policy ordinance was passed. DELETIONS AND ADDITIONS OF SPEED ZONES Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE AMENDING SECTIONS 21-41, SUBSECTIONS (d) AND (e), OF THE AUSTIN CITY CODE OF 1967, MAKING CERTAIN DELETIONS AND ADDITIONS TO SAID SUBSECTIONS, THEREBY DECLARING MAXIMUM PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS WITHIN SCHOOL ZONES IN THE CITY OF AUSTIN, PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF THE "UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS" (VERNON'S ANN. CIV. ST., ART. 6701d), REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. (East Oltorf Street, Bluebonnet Lane) The ordinance was read the first time, and Councilman Binder moved that the ordinance be passed to its second reading. The motion, seconded by Councilman Handcox, carried by the following vote: Binder Ayes: Councilmen Dryden, Handcox, Mayor Pro Tem Love, Councilman Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler ZONING ORDINANCE Mayor Pro Tem Love introduced the following ordinance: AN ORDINANCE ORDERING A CHANGE IN USE AND HEIGHT AND AREA AND CHANGING THE USE AND HEIGHT AND AREA MAPS ACCOMPANYING CHAPTER 45 OF THE AUSTIN CITY CODE OF 1967 AS FOLLOWS: A ONE-HALF ACRE TRACT OF LAND, LOCALLY KNOWN AS 9611 UPPER GEORGETOWN ROAD, (OLD MCNEIL ROAD), FROM INTERIM "A" RESIDENCE, INTERIM FIRST HEIGHT AND AREA DISTRICT TO "D" INDUSTRIAL, FIRST HEIGHT AND AREA DISTRICT, SAID PROPERTY BEING LOCATED IN AUSTIN, TRAVIS COUNTY, TEXAS SUSPENDING THE RULE REQUIRING THE READING OF ORDINANCES ON THREE SEPARATE DAYS; AND DECLARING AN EMERGENCY. (Chester & Ivy Hunt, C14-73-253) CITY OF AUSTIN, TEXAS September 26, 1974 1147 The ordinance was read the first time, and Councilman Binder moved that the ordinance be passed to its second reading. The motion, seconded by Councilman Dryden, carried by the following vote: Dryden Ayes: Councilman Handcox, Mayor Pro Tem Love, Councilmen Binder, Noes: None Absent: Councilmen Friedman, Lebermann, Mayor Butler DISTRIBUTION OF INFORMATION City Manager Davidson took this opportunity to distribute information in connection with Southern Union Gas Company's requested rate increase hearing scheduled for October 17, 1974. SCHEDULING OF AFFIRMATIVE ACTION REPORT Councilman Handcox requested that the Affirmative Action Report be placed on the agenda for October 3, 1974. ADJOURNMENT The Council adjourned at 1:50 p.m. ATTEST: Grace Monise City Clerk APPROVED Mayor