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Austin Street Railway Track Rules 1886

Wednesday, January 20, 1886 special called

Street Car Track Controversy: Business owners and property holders on East Pecan Street petitioned the city council to prevent a street railway company from laying tracks on their street, or if legally required, to do so in a way that wouldn't block wagon traffic and business operations.

Track Construction Standards Approved: The council passed an ordinance requiring the railway company to build tracks with 10-inch-wide heart pine planks spiked to ties, with rail tops level with the street surface to minimize disruption to regular traffic and commerce.

Street Railway Operating Rights Granted: The council approved a separate ordinance giving D.M. Nilsson, Joseph Nalle, and their associates the right to construct and operate a street railway throughout Austin, with requirements that they maintain bridges and culverts at full street width.

Penalties Established: Violators of the track construction standards would face fines between $25 and $100—significant penalties for the time period.

Full Transcript

Called Meeting of the City Council 325 Austin Tex. Jan. 20, 1886. Hon J.W. Robertson, mayor, Presiding. Roll Call. Roll Call Present: Aldermen Schneider, metz, Pillow, Anderson, Brush, Schuber, Giesen, Warren, Wortham, Corwin, Holman, DeGress, Ervin Walker and Jones - 15. Absent: Aldermen Campbell, Caldwell, Crocker, Odell, and Cummings - 5. His Hon. Mayor Robertson read the following Call: Mayor's Office, Austin, Texas, Jan. 20, 1886. To the City Council: Object of Call At the request of Aldermen Brush, Pillow, Ervin, Holman, Jones and Walker, as set forth in the attached petition, I hereby Call a meeting of the City Council to meet at 7:30 P.m. this Wednesday, Jan. 20, 1886, to Consider the resolutions passed by the property-holders and business men On East Pecan Street, and also to Consider any other matters I may see proper to lay before the Council J.W. Robertson Mayor. Cause of The following is the petition: Call Austin, Texas, Jan. 20, 1886. To the Honorable mayor of the City of Austin: We, the undersigned, request the City Council to meet at 7:30 this evening, at City Hall, to Consider the resolutions passed at a meeting of property-holders and business men of East Pecan Street. Geo A. Brush. B. S. Pillow. Wm Ervin. R.F. Holman. F. E. Jones. W. B. Walker. Call of Council Alderman Anderson moved that a Call of the Council be made. --- Page break --- 326 Jan. 20th 1886. The motion was adopted and the Marshal sent after the absentees. Ald Caldwell Alderman Below moved to excuse Alderman Excused Caldwell on account of sickness in his family. Adopted. Call suspended Alderman DeGress moved to suspend the Call of the Council. Adopted. Petition about Alderman Ervin presented the following petition: St Car track Austin, Texas, Jan. 20, 1886. To the City Council: The undersigned property-holders and business men of East Pecan Street, at a meeting held today, have expressed our wish that no street-Car track of any kind be laid upon East Pecan Street. But should it appear to be a fact that the present street railroad Company have the legal right to lay a track on said street against our wishes, we hereby petition you to require said Company to lay such a track only as will not interfere with the travel of loaded wagons and with business generally on East Pecan street. The undersigned also wish to say, with due respect to your honorable body, that if any damage occurs to business by reason of said track being laid otherwise than in such way as will not obstruct travel and business, we will hold the City of Austin responsible therefor. A. Luchsinger, John Bremond, J.H. Pope J.M. Day. Morley Bros., J. Thomson & Co., P. Gollaunn, Eugene Bremond, J.L. Driskill, Gerhard Hardware Co., W.E. Carpenter, M. Lyons, James B. Barren, John A. Webb, R.H. Smith, G.F. Hamilton, G.A. Smith, W.B. Brady, P.G. Roach, W.B. Smith, Padgitt & Warmoth, J.S. Koppel, B.H. Smith, M. McCarty, Alexander Bros., A.S. Wear, J. Stern, M. Paggi, J.P. McCutcheon, Aug. Purity, James Byrnes, J.C. Muller, R.Y. Bandy, D.W. Weaver, E. Marie, C.D. Smith, L. Brush, Joseph Jacobs, Taylor & Babcock, Geo. Schwirth, John Thomson, --- Page break --- Jan. 20th 1886 Julius Bothe, Jul. Vuast, C. Massler, Julia N. Preston, N. V. Dittlinger, L. K. Miller, Evans Campbell; Alderman Cummings Came in. Received & Alderman DeGress moved that the petition of filed business men and property-holders of East Pecan Street be received and filed. Adopted Ord. regulating Alderman Cummings presented an Ordinance requiring the St. Car tracks. Austin City railway Company to Construct their railway on East Pecan Street so as not to obstruct passage and interfere with traffic on Said Street. The Ordinance was read. Aldermen Odell, Campbell and Crooker Came in. Alderman Anderson moved a suspension of the rules to place the Ordinance on the Second reading. The motion was adopted by the following Vote: Yeas - Schneider Metz, Pillow, Anderson, Brush, Campbell, Schuler, Giesen, Warrens, Wortham, Crooker, Odell, Cerwin, Holman, DeGress, Cummings, Erwin, Walser and Jones-19. The Ordinance was then read a second time. Alderman Pillow moved to amend Section amended. 1 by Substituting the words "a plank at least ten inches wide and three inches thick be Spiked on the ends of the ties. On" etc, for that part of the Section which refers to Cobble Stones and gravel, or wooden blocks, on the outside of the track, etc. amended. Alderman Crooker suggested that "heart pine" be inserted before the word "plank." No objection being raised, the Change was made. amended. Alderman Campbell also offered an amendment to Section 1 as follows: That the outside of the "rail and top of the rail Shall be on a level with the Surface of the Street." amendment Alderman Cerwin moved to amend Section 1 by adding: "and this Construction Shall be Continued --- Page break --- 328 Jan. 20th, 1886. throughout East Pecan street". All of the amendments named above were adopted. Amendment Alderman DeGress offered the following amendment to Section 2, which was adopted: "Under the direction of the street Committee". Amendment Alderman Naeker offered the following amendment as Section 4. That any person who shall violate the foregoing provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon Conviction shall be punished by fine not less than twenty five nor more than One hundred dollars". The amendment was adopted by a rising Vote of 14 to 4. The Original Section (4) was changed to Section 5. " Alderman Anderson moved to strike out "East, [before] Pecan" street" in the Caption, Section 1, and Section 3. No objection being raised, the changes were made. Alderman Pillow moved to insert the penalty " Clause in the Caption. Adopted. On motion the rules were further suspended, and the Ordinance placed on its third reading Passed. and final passage, and passed as amended by the following Vote: Yeas-Schneider, Mets, Pillow, Anderson, Brush, Campbell, Schuler, Warren, Wortham, Hooker, Odell, Erwin, Holman, DeGress, Cummings, Ervin, Walker and Jones-19. Right Away Alderman Pillow called up and had read the ord. Ordinance introduced by himself at the last meeting of the City Council relating to granting right of way over the streets of the City of Austin to D.M. Wilson, Joseph Nalle and others for the purpose of operating a line of street railway, but which was postponed till the next meeting of the City Council. Substitute Alderman Odell, offered as a substitute for the Ordinance called up by alderman Pillow an --- Page break --- 329 Jan. 20th 1886. Ordinance granting the right of way over certain streets of the City of Austin to D.M. Nilsson, Joseph Nalle and their associates for the purpose of Constructing and operating a line of street railway in said City. Sub. adopted The substitute was adopted and read, then read by Sections. Amendment Alderman Pillow offered the following amendment to Section 7: Provided that said Nilsson, Nalle and associates Shall have the privileges of placing any bridge over which they may wish to lay their track in a suitable condition for laying their road, and operating the same; this Safe and Suitable Condition to be determined by the City engineer. The amendment was adopted. Alderman Cummings offered the following Amendment as Section 11: That where Culverts Or bridges are necessary to be built by said railway Company that they be Constructed the full width of the street Whenever the City engineer and Street Committee may deem it necessary. A motion to strike out "or bridges" and also to strike out "railway Company that they" and to insert in place thereof "Nilsson, Nalle and their associates, Successors and assigns, the same" etc. was made and adopted. Section 4, as it originally Stood, was changed to Section 5. On motions the rules were further Suspended and the ordinance placed on its third reading and final passage, and was Passed. passed, as amended, by the following vote: Yeas. Aldermen Schneiders Metz, Pillow, Anderson, Brush, Campbell, Schuber, Gieen Warren, Wortham, Croosler, Odell, Erwin, Holman, Debress, Cummings, Ervin, Walker and Jones - 19. On motion the Council adjourned. Milton Morris City Clerk.