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Austin's 1890 Sand Mining and Street Disputes

Monday, June 16, 1890 regular

Sand and Gravel Mining Debate: The council repeatedly voted on an ordinance to prevent removal of sand and gravel from the riverbank and public lands. After multiple failed motions, consideration was indefinitely postponed in a 7-7 tie (broken by the mayor voting against it), leaving the issue unresolved.

Infrastructure Requests: Citizens and the Board of Trade requested four iron footbridges on Congress Avenue at Fourth Street, and residents asked the city to open a street between East Eleventh and Chinespin streets. Both were referred to committees for review.

Rejected Fee Relief Petitions: The council denied three requests for remission of fines and fees from residents Isom Rabbit, S.L. McCulloch, and W.L. McKeen, indicating strict enforcement of city penalties.

Failed Public Safety Ordinances: Alderman Carleton proposed two new rules—one to ban ball games on streets and another to prevent obstruction of sidewalks—but both failed to advance past first reading due to lack of support.

Approved Budget and Invitations: The council approved $2,316.65 in expenses and unanimously invited the Texas Teachers Association to hold its next annual meeting in Austin.

Full Transcript

647 The minutes of a regular meeting of the city council. Austin, Tex., June 16, 1890. Hon. John McDonald, mayor, presiding. Roll Roll Call- Present- Aldermen Assmann, Carleton, Hume, Jones, Linn, morris, North, Phillips, Giller- 9. Call. Absent- Aldermen Anderson, Boland, Graham, Jackson, Metz, Newton, Nitschke, Platt, Schneider, Schuber, Townsend- 11. Call. On motion of Alderman Linn a Call of the Council was ordered. Alds. Enter Aldermen Graham, Newton and Townsend entered the Council and answered to their Suspended. names, and the Call was suspended. Minutes. Alderman Carleton moved that the minutes of the meetings of the city Council which were held on the 2d 7th and 9th days of June, 1890, be adopted as recorded by the city Clerk. Carried. Ald. Schneider Alderman Schneider entered the Council and answered to his name. Foot Bridges. Alderman Graham introduced a resolution from the Boards of Trade requesting the City Council to place four iron bridges on Congress avenue at the intersection of Fourth Street. Referred to the Street Committee and City Engineer. Cornel st. Alderman Newton offered a petition from citizens asking the City Council to open [illegible] street between East Eleventh and Chincspin streets. Referred to the street Committee and city Engineer. Marshal. Alderman Graham presented reports from the police Committee on the marshalal reports for the months of March, April and May, 1890, stating that said reports were examined by the Committee and found Correct. The Committee reports were then adopted. --- Page break --- 648 J. Rabbit The Committee on Claims and accounts reported adversely on a petition from Isom Rabbit asking for remission of fine and Costs. Report adopted. Ald. Schuber. Alderman Schuber entered the Council and answered to his name. S.L. McCulloch The Committee on Claims and accounts Submitted an unfavorable report on a petition from S. L. McCulloch requesting the remission of pound fees paid by him. The report was adopted by the following VoteYeas- Aldermen - Assmann, Carleton, Graham Hume, Jones, Morris, North, Schneider, Schuber Ziller -10. Nays- Aldermen- Linn, Newton, Phillips, Townsend 4. W.L. McKeen The Committee on Claims and accounts also reported adversely on a petition from W. L. McKeen for remission of pound fees and the report was adopted. "Sand" The Special Committee to whom was referred an ordinance entitled "An Ordinance regulating the digging up and removal of sand and gravel from the river Walk and other public places and Commons within the limits and Jurisdiction of the City of Austin, reported "that in the opinion of your Committee Sec. 8 of Art. 6 of the Charter of the City of Austin Confers on Said City the power to enact the ordinance in question". Laid over. City Natl Bk The Special Committee to whom was referred Taxes. a Communication from Mr A. P. Wooldridge, president of the City National bank, and Mr Fred Beterzings, City assessor and Collector, reported "that in the opinion of your Committee the assessor and Collector of taxes Should deduct from the assessed Value of the Capital Stock of said bank the assessed Value of its real estate. "The law will not permit the city to assess and Collect taxes on the full Value of the Capital Stock of Said bank, and at the Same time Collect a like tax on its real Estate, which to the --- Page break --- 649 Extent of its Value represents part of such Capital Stock. (Signed) H. A. Linn, A. W. Townsend, Fred Carleton, Geo. F. Pendexter, The report was adopted. Sand An Ordinance entitled, "An Ordinance regulating the digging up and removal of Sand and gravel from the river walk and other public places and Commons within the limits and jurisdiction of the city of Austin," was taken up on its third reading and read. " Alderman Linn then offered as a substitute for the ordinance an ordinance entitled, "An Ordinance to prevent the removal of sand or gravel from the river walk and reserve and fixing a penalty therefor. Alderman Morris moved to amend the substitute by adding after the words, "River Reserve," the following: "On railroad Cars", and by striking out the proviso in said ordinance. Accepted. Alderman Zieller then moved to table the original ordinance and the Substitute. Lost, yeas,4; Nays, 10. It was then moved to indefinitely postpone the Substitute and amendment thereto. Lost. A motion was then made to adopt the Substitute. Lost. On motion of Alderman Linn, further Consideration of the ordinance was indefinitely postponed, by the following Vote- yeas- AldermenAbraham, Hume, Linn, Morris, Newton, Schuben, Townsend -7. Nays- Aldermen Assmann, Carleton, Jones, North, Phillips, Schneider, Zieller -7, and the mayor voted 2. Appraisers. Alderman Morris moved that the board of appraisers and equalization, appointed by the mayor June 2, 1890, be declared duly elected for the year 1890. Carried. Com. fund Alderman Morris introduced a resolution instructing the city treasurer to transfer $1297.00 --- Page break --- 650 Ceme- fund. from the City Cemetery fund to the general fund. Adopted. Base Ball. Alderman Carleton offered an Ordinance to be entitled An Ordinance to prevent persons from playing base ball or other games of ball, or throwing ball on the Streets and alleys of the City of Austin, and to provide a penalty for the Same. It was read first time after which a motion was made to suspend the rules and place it on its second reading. Lost, yeas 11; Nays 2. Sidewalk Crowds. Alderman Carleton also introduced an Ordinance to be entitled, "An Ordinance to prevent persons from impeding travel on the Sidewalks of the City of Austin and to provide a penalty for the Same" It was read first time, after which a motion that was made to suspend the rules and place it on its second reading failed by a vote of 9 to 4. Alderman Carleton moved to adjourn. Lost. Pauper drugs Alderman North introduced a resolution, which was adopted, requiring the hospital Committee to ascertain and report to the Council whether the City Physician uses too much liberality in distributing prescriptions on account of the Charity fund, and if not, then whether Some other System of distributing medicine gratis Should not be devised with a view to reducing the Charity Expenses. Appvd accts. Alderman Hume presented an Ordinance appropriating the Sum of $2,316.65 for the purpose of paying approved accounts. It was read first time, and under suspension of the rules, a second and third time. Alderman Morris then moved to reconsider the vote by which it passed to its third Lights reading. The motion prevailed and Alderman Morris then moved to strike out of Section One of the Ordinance, for the present, the words "Austin W. L. & P. Co " Street lights in May $20.33. The motion was lost by the following voteYeas - Aldermen - Carleton, Hume, Linn, --- Page break --- 651 Morris, Schneider, Schuber, Townsend- 7. Nays- Aldermen Assmann, Graham, Jones, Newton, North, Phillips, Ziller - 7. There being a tie the mayor voted in the negative A motion was then made to Suspend the rules and place the ordinance on its third reading Lost, Yeas, 13: Nay - 1. Teachers. Alderman Graham moved that the mayor and City Council extend to the Texas Teachers associaan invitation to meet in Austin next year. The motion was unanimously adopted. adjourn. Alderman Morris moved that the Council Stand adjourned until tomorrow at 5 p.m. approl. acct. Lost. Alderman North moved at to reconsider the vote by which an Ordinance appropriating $2,316.65 for the purpose of paying approved accounts, failed to pass to its third reading. Carried. Lights. Alderman North then moved that the Water and light Committee be instructed to ascertain and report to the next meetings of the City Council whether or not the lights furnished to the City by the Austin Water Light and Power Company meet the requirements of its Contract with the City. Carried. approl. accts. A motion was then made to suspend the rules and place the Ordinance appropriating $2316.65 for the purpose of paying approved accounts, on its third reading, which prevailed by the following vote - Yeas: Aldermen Assmann, Carleton, Graham, Hume, Jones, Linn, Morris, Newton, North, Phillips, Schneider, Schuber, Townsend, Ziller - 14. The Ordinance was then read a third time and on motion passed by the following Vote - Yeas - Aldermen - Assmann, Carleton, Graham, Hume, Jones, Morris, Newton, North, Phillips, Schneider, Schuber, Townsend, Ziller - 13. Nay- Alderman Linn, 1. The Council then adjourned. Milton Morris, City Clerk.