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Austin's 1890 Street Railway and Cemetery Plans

Monday, April 21, 1890 regular

Street Railway Approved: The city granted M.M. Shipe permission to build and operate street railways across Austin, with detailed regulations including a 5-cent fare cap, free rides for children under 5 and police officers, and speed limits (10 mph general, 8 mph on business streets, 4 mph on curves).

New Cemetery Land Purchase Authorized: The council voted to allow the mayor and cemetery committee to purchase land within city limits for burial purposes, passing 12-1.

Infrastructure Investments: The city approved $500 for a street roller and $290.25 for street maintenance labor to improve public roads.

Monthly Payroll and Legal Fees: Council allocated $3,200 for April employee salaries and $250 for attorney fees related to an ongoing lawsuit over cemetery land known as "Patterson land."

Election Preparations: New judges of election were appointed for the Fifth, Sixth, and Ninth wards as replacements for those who requested to step down from the pending election.

Full Transcript

The minutes of a Regular meeting of the City Council. Austin, Texas, April 21, 1890. Hon. John McDonald, mayor, presiding. Roll Call. Present. Aldermen- Graham, Jackson, morris, North, Zieler - 5. Absent- Aldermen - Anderson, Assmann, Roland, Carleton, Hume, Jones, Linn, Metz, Newton, Nitschke, Phillips, Platt, Schneider, Schriber, Townsend - 15. On motion the Council adjourned till Wednesday night at 8 oclock Milton Morris, City Clerk. --- Page break --- 620 The minutes of an adjourned regular meeting of the City Council Austin, Texas, April 23, 1890. Hon. John McDonald, mayor, presiding. (Roll Roll Call- Present- Aldermen- Anderson, Assmann, Carleton, Graham, Hume, Jackson, Jones, Linn, Morris, Newton, Nitschke, Phillips, Ziller - 13. (all. Absent- Aldermen Roland, Metz, North Pilath, Schneider, Schuler, Townsend- 7. Quorum present. L.E. Daniel On the recommendation of the mayor and City marshal the fines and costs as assessed in the Geo. Jones recorder's Court against L. E. Daniell and George Jones, were remitted. Alley. The street Committee reported favorably on a petition to have the alley in block No. 160, between Brazos street and Congress avenue, opened for travel, and on motion the city marshal was directed to notify parties owning or controlling the fences that encroach upon said alley to at once remove them back to the proper line. Cow Ord. The Committee on Ordinances, to whom was referred an Ordinance entitled, "An Ordinance to amend Art. 127 of the Revised Penal Ordinances of the City of Austin" submitted a favorable report on the same. The report was adopted. Cemetery/ An Ordinance entitled "An Ordinance to be entitled an Ordinance to authorize the mayor and the Committee on Cemetery to purchase land within the limits of the City of Austin to be used for burial purposes and to make appropriation for the purchase money thereof" was taken up on its third reading and read and passed by the following vote- Yeas- AldermenAnderson, Assmann, Carleton, Graham, Hume, Jackson, Jones, Linn, Morris, Newton, Nitschke, Ziller - 12. Nay- Alderman - Phillips -1. Alderman Townsend entered and answered to --- Page break --- 621 his name. Cno Ord. An Ordinance entitled " An Ordinance to be entitled an Ordinance to amend Article 124 of the Revised Penal Ordinances of the City of Austin", was taken up on its second reading and read. Alderman Linn moved to lay it on the table subject to Call. " Alderman Jones moved to amend Alderman Linns motion by striking out the words " Subject to Call". The amendment was adopted by the following VoteYeas- Aldermen - Anderson, Jones, Morris, Newton, Nitschke, Phillips, Ziller 7. Nay- Aldermen- Assmann, Carleton, Graham, Hume, Jackson, Linn, Townsend -7, and the mayor voted Yea. C. Scheuermayer Alderman Carleton introduced an Ordinance leasing a portion of River Walk to C. Scheuermayer. It was read first time, after which a motion was made to suspend the rules and place it on its second reading, which was lost by the following Vote- Yeas- Aldermen- Anderson, Assmann, Graham, Hume, Jackson, Jones, Linn, Newton, Nitschke, Phillips, Townsend, Ziller -12. Nay- Alderman- Carleton -1. Alderman Schneider entered and answered to his name. Board Pub. Alderman Morris offered an Ordinance entitled Works- " An Ordinance to amend Section 7 of an Ordinance entitled 'an Ordinance to Create a Board of public works of the city of Austin, and to prescribe the powers and duties thereof". The ordinance was duly passed under suspension of the rules. M.M.Shipe Alderman Morris introduced an Ordinance St. R.R. entitled "An Ordinance granting the right of way to M. M. Shipe, his associates and assigns to Construct, maintain and Operate street railways along Certain streets in the City of Austin". It was read first time and afterwards a second time under suspension of the rules. Alderman Ziller then moved to Consider it by Sections. Carried. Section One was then read and Alderman Morris --- Page break --- 622 moved to amend it after the words "Eleventh Street" by inserting "to include necessary Switches". Adopted. Alderman Ziller moved to amend the Section by inserting in the Seventeenth line after "and" "all the tracks in the City". Adopted. Sections 2 and 3 were read and adopted without amendment. Section 4 was read and Alderman Ziller moved to amend it by inserting Six months as the time in which one and one-half miles of the road shall be in operation. Motion not seconded. Alderman Jones moved to insert ten months. Adopted. The section as amended was then adopted. Section 5 was read and Alderman Morris moved to amend it by adding the following: "The Cars on said street railways may be run at the rate of ten miles per hour except on Congress avenue or other business streets, where the speed shall not exceed eight miles per hour, and around Curves the speed shall not exceed four miles per hour. Adopted. The section as amended was then adopted. Sections 6, 7 and 8 were then read and adopted without amendment. Section 9 was read and Alderman Ziller moved to amend it by adding "and shall keep in repair one foot on each side of all its tracks". Adopted. The Section as amended was then adopted. Section 10 was adopted without amendment. Alderman Morris offered the following as Section 11: "Section 11. Said street railway Company shall not charge exceeding 5 cents fare for passengers from one point to another in this City, and children under 5 years of age, when accompanied by adult persons, and all peace officers of the City, shall be carried free of charge. Adopted. The Ordinance was then duly passed under suspension of the rules. Jno. Hancock Alderman Morris introduced "An Ordinance appropriating the Sum of $250 to pay John Hancock an attorney fee in defending the city of Austin --- Page break --- 623 with the City Attorney, against the suit relating to the purchase of the tract of land known as the "Patterson land for cemetery purposes". It was duly passed under suspension of the rules. Alderman Phillips offered "An Ordinance appropriating the sum of $800 for the cost of plans and building addition to fire hall, East "Austin Hose Company No. 4." It was read a second time under suspension of the rules and laid over. Alderman Hume introduced, "An Ordinance Hands. appropriating the sum of $290.25 to pay hands for working the streets of the City." It was duly passed under suspension of the rules. Apl. Salaries Alderman Hume also offered, "An Ordinance appropriating the sum of $3200 for the purpose of paying officers and regular employes of the City of Austin for the month of April A.D. 1890." It was duly passed under suspension of the rules by the following vote - yeas - AldermenAnderson, Assmann, Carleton, Graham, Hume, Joelson, Jones, Linn, Morris, Newton, Nitschke, Phillips, Schneider, Townsend, Ziller - 15. Road Alderman Hume also presented, "An Ordinance Roller appropriating the sum of $500 to purchase roller for use on the public streets of the City. It was duly passed under suspension of the rules by the following vote - yeas - Aldermen - Anderson, Assmann, Carleton, Graham, Hume, Jackson, Jones, Linn, Morris, Newton, Nitschke, Phillips, Townsend Ziller - 14. Cow Alderman Carleton introduced, "An OrdinOrd. ance to be entitled an Ordinance to amend Article 129 of the revised penal ordinances of the City of Austin." Alderman Nitschke moved to table it. The motion was lost by the following vote - yeas - AldermenAnderson, Jones, Newton, Nitschke, Townsend, Ziller - 6. --- Page break --- 624 Nays Aldermen - Assmann, Carleton, Graham, Hunne, Jackson, Linn, Morris, Phillips, Schneider- 9. Alderman Linn introduced a resolution directing the Street Commissioner and City Marshal to render the City Clerk such assistance, with reference to the pending election, as he may need. Adopted. Alderman Morris moved that as Max Maas, a Judge of election for the Fifth Ward, and A.C. rHill, a Judge of election for the Sixth ward, and R.M. Castleman and S.H. Weaver, Judges of election for the Ninth ward, had requested to be relieved from acting as Judges of the pending election, that they be removed and that W. Jacoby be appointed a Judge of Election for the Fifth ward instead of Max Maas, and that August Weilbacher be appointed Judge of election for the Sixth ward to succeed A. C. Hill, and that that Dr. J. Cummings and Drury L. Wingfield be appointed Judges of election for the Ninth ward to fill the Vacancies caused by the removal of S. H. Weaver and R.M. Castleman. Adopted. On motion the Council then adjourned Milton Morris, City Clerk.