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<br />Ri~GDLAIl I1G.;,GJ'ING AUGOSl' 3, 1955
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<br />On this, the 3rd day of Au~gust, 19;5, at 2:00 o'clock P.M. the City
<br />Council of the City. of San iV~arcos, 'rexas, met in a regular meet ng at the
<br />Ci ty Hall, wi tel t;'le following mem .oers present and "oarticipating
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<br />Prank E. Dietteri.ch, l~iayor
<br />GDY De Vin8/, Alderma.n
<br />S. R. 13eecroft, Alderman
<br />Harold G. Smith, Ald8rm~~
<br />Frank D. Hill, Jr., Alderman
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<br />Absent: Calvin M. Allen; Alderman
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<br />o the.rs pre s en t :
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<br />w. G. Barbee
<br />J. ,~ Ellis
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<br />Brne s t, MOi"gan
<br />J flck Jf1aj or
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<br />Albert Walker
<br />Jim Walls
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<br />E. A. Bovmlan
<br />J. 'J. Wimberly
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<br />A quorVlTI beinco: presentj the meeting livas called to orjer by lvla:7or
<br />Dietterj~ch, aDd the following -transpired:
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<br />li/Ir. .8. A. 13oWY1an ~"'"1d ~L1",ljert 'i,rValker, Attorney, Yf1...ot vifith the COUI1Cil to
<br />discuss the situati0n cancer-nine; the b'v~ilciing Mr~ 3cr~{iYlan has erected on
<br />. Austin 3treet, Ul'1C::er tho structure owned by H. A. Nelson. It wa.s stated
<br />tnat tY1.EJ bl.J.ildi.ng is a v/o'od i'rar118 building located lhi thin the fire zone 8l1.d
<br />that it~will be used as Q lwnber yard. The has filed $uit for an
<br />injunc tioD. ses}:::inc; to restrain j\'II'. BO\,l,inan from eping the building there.
<br />A restraining order has been filed and the date has "oeen set for August 17,
<br />1955. Mr. ",~'~.alker stated t~'1.at I,Ir. Bovrrnan feels tha'c he has Quilt the
<br />building in questj,on under permission of the City. He susgested a sort of
<br />compromise, stating that :/Ir. 30wman would tear down the old bu;"lding,
<br />which is approximately twenty years old, at Ilis own sxpense, if the City
<br />would allovi him to leave the' ~new building standing. Be stated that he
<br />:Celt the old building \ivas a greater flre :hazard than the neVJ one.
<br />Alderman 308c'~oft said that t,le sa'11e situation had arisen before, and that
<br />the state Pire' Insurance COITnuission h,ia advised the City that it was against
<br />the la.w to build a.ny building in the fire zone which ViaS not fire :oroof.
<br />Mr. Walker stated that "'[r. Bowman had erected the buildj,r..g under the im-
<br />pression tha.t he had a. verbalpermi t with the City to do !lo, as the bL;i lding
<br />was to be built within a building. The Counoil and Mr. Barbee stated
<br />that no'verbal building permits were ever given-or would be given b' the
<br />City. 'The Counoil also stated that it was of the o')inion tha.t, if exception:
<br />VIers I(1ade in l'legard to the Building Code novY in effect, it w01..:.1d not be
<br />"yorth enforcing. Mr. J. P. Ellis, Building Inspector, statGd that when
<br />j{r. ~30w1l1an had talked to himabo-cIt building, he ha.d understood too t the
<br />old building wO'.lld be t'~)rn down and 8. n8'N non-load bearing partition, sealed
<br />"Hi th sh.eet rock so 'as to Elake it 1 hOur fil"8 resis t:lb.g, 'Noul d be install ed,
<br />~flhich \i'Jo1J.ld not req"l.lire a.::lotner roof, and that this..would be 'L~38d as a
<br />temporary stol'lage place. M:r. Ellis said that this type 0:L buJ.ldtng
<br />'l,o"<.J.ld have been perrrdtted., if a building per:c'11it vvas taken to cover it.
<br />The Council then stated that, if it.be found necessary, an Engineer frem
<br />the 3ta. te' Fire Inso.ra.nce Commission would be requested' to look at the
<br />building and Clve his advice.on the sj.tuation. No further action was taken.
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<br />.b'r. J. J. -~'iil11berly met v\flth t~1.e Council to request that the. alley way,
<br />looated between Wilson and Johnson Streets, be opened for use as a street
<br />or entrance to property adja.cent to thB alley way. ;;e stated that the
<br />?roperty across the alley from him ha.d recently beenbonght by a
<br />Mr. Thompson and that Iiir. 'i'xJ.Ompson had the impression that his !)ro~o8rty
<br />extended into the alley. 'rhe LJrevious owners of the property had ereoted
<br />a fence 8,nd a small chicken house in the alley, with, the understaClding_
<br />that, if at any time either IEr. Efimberly or they decided to open th.6
<br />alley, these t.hings WOllld'oe re:rno-\.ted. ~iir. y,:imberly also stated that, if
<br />the alle:.r could be opened, he would :i.mprove tho alley at his o.....m expense.
<br />'Ie asl,ed if it would 00 poss i ble to open it even tho'--',gh liir. Thompson
<br />seemed to object. The 'Council sugc,ested that Ii.'Ir. TNimberly have a petj.tion
<br />d by the owners of property adjacent to the alley and the matter
<br />d then be E~iven consideration.
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<br />An ordinance auditing ~~d allowing claims for iCldobtedness inourred
<br />in constructinG .street improve::c.ents in the City of San ~':larcos "rex.as;
<br />autilorizing the deliver? of ClT"Y" OF SAN IVW...:ti.COS STRE:::~T 'vl{AH.::~JU~TTS,
<br />;::L-~B.rCS of 1955, to eviden.ce said. indebtedn.ess; and declaring an emerr~ency,
<br />was <)resented to the Co;),ncil for adoption. Alo.erman Smith made a motion
<br />that the ordinance be adopted. Alderman ;)e Vine:a6conded the motion. A
<br />vote was ta1::en ",r{hich .resulted unanimously in favor of the motion. rlne
<br />ordinance ,follovvs__ ,thes e minutes and is a part hereof.
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