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Se5 = we = oe a r2 ax . - eke Ge a Re _—. a aa > an Sela i ie wes OF) Te wi VERSITY OF ILLiaey i MAW 1918 THE REVISED CODE OF ORDINANCES OF THE e11y OF HOUSTON OF 1914 Passed May 6, 1914 Ae aenven by the Mayor May 6, 1914 HARRIS COUNTY, TEXAS IN CONNECTION WITH WHICH ARE PUBLISHED THE CHARTER OF THE CITY OF HOUSTON, AS AMENDED TO OCTOBER 1913, AND EXTRACTS FROM THE CONSTITUTION, THE REVISED CIVIL STATUTES OF 1911, AND THE CODE OF CRIMINAL PROCEDURE RELATING TO MUNICIPAL CORPORATIONS COMPILED AND INDEXED BY BP PHEERS of the HOUSTON BAR PUBLISHED BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF HOUSTON 1914 Beis 7) ie a REMOTE SToRac: CHARTER OF THE CITY OF HOUSTON PASSED - - MARCH, 1905 AMENDED - - APRIL, 1905 AMENDED - AUGUST, 1911 AND AMENDED BY VOTERS OCTOBER, 1913 COMPILED AND INDEXED BY Bev Ps PEER EPS of the HOUSTON BAR PUBLISHED BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF HOUSTON 1914 5 Myth Sct 6-6 PREFACE In 1905 the Twenty-ninth Legislature granted to the “City of Houston” a new Charter, giving to it what is commonly known as the Commission Form of Government. This was a material departure from the old method. It was found neces- sary at the same session of the Legislature to amend Sections 2 and 17 of Article 9 of said Charter for the purpose of provid- ing for an election, etc., and it was amended. The Thirty-second Legislature in 1911 again amended the Charter, subject to a ratification by the voters, by adding Article IV (a), entitled “Street Improvements.” This amend- ment was subsequently ratified. No other amendments were made until 1918, when at an election held on October fifteenth, the voters of the city, by virtue of the authority conferred upon them by constitutional amendment and the enabling act passed in pursuance thereof by the Thirty-third Legislature in 1913, adopted certain amendments. The Charter here presented is the Charter of the ‘‘City of Houston” as it now exists. Where any section of the Charter has been amended by the voters it is followed by the section amended, in smaller type, and following the amended section in parenthesis is the state- ment ‘‘amended; see next preceding section.” Sections not amended by the voters have no statements in parenthesis following them, but those amended and added have ' following them in parenthesis “as amended” and “added by amendment 1913,” respectively. From this it can be readily determined if any section of the existing Charter is from the Charter as amended by the Legis- lature, or is one amended or added by the voters. E. P. PHELPS, Compiler. 297844 CHARTER OF THECITY OF HOUSTON 1913 ARTICLE I. Section 1. Corporate Name—That all the inhabitants of the City of Houston, Harris County, Texas, as the boundaries and limits of said city are herein established, or may be hereafter established, shall be a body politic, incorporated under, and to be Known by, the name and style of the “City of Houston,” with such powers, rights and duties as are herein provided. Sec. 2. Boundaries Establishing the City Limits—That the boundaries and limits of said corporation, the City of Houston, shall until changed by the City Council under some provision vf this Charter be as follows: Beginning at a point on the west line of the John Austin survey in the center of Buffalo Bayou; Thence north along the west line of the John Austin survey to the center of White Oak Bayou; Thence down White Oak Bayou to a point on the most easterly boundary of Houston Heights, being the southeast corner of Forest Park Annex; Thence north along the east line of Houston Heights to the present northwest corner of the City of Houston; Thence east to the present northeast corner of the City of Houston; Thence south along the present line of the eastern limits of the City of Houston to the north line of Lyons avenue; Thence east along the north line of Lyons avenue and extension thereof to a point due north of the center line of Main avenue in Port Houston subdivision, north side Buffalo Bayou; Thence south to-Port Houston and thence along the center line of Main avenue and continuation thereof to Buffalo Bayou; Thence across said bayou to the intersection of the easterly extension of the north line of blocks cad 147 and 156 of Magnolia Park with Buffalo Bayou; Thence west along said north line of blocks 156, 147 and 138 to the north line of Avenue O in Magnolia Park; Thence west to the southeast corner of block 139, Magnolia Park; Thence north along the east line of blocks 139, 149, 159, 169 and 179, Magnolia Park, to the south bank of Buffalo Bayou; Thence up said bayou with its meanders to the west line of the H. B. and T. Railroad right of way, following the north line of the city of Mag- nolia Park; “- Charter of the Thence southwesterly along said railway to the south line of the Har- Tisburg Road; Thence eastwardly along said south line of the Harrisburg Road to a northerly extension of the east line of the Country Club property; Thence southwesterly following said line to Brays Bayou; Thence up Brays Bayou with its meanderings to the intersection of the easterly extension of a line running east and west parallel with the south line of the present limits of the City of Houston, and one mile south thereof; Thence west along said line to the west line of the Obedience Smith survey ; Thence north along the west line of the Obedience Smith survey and the west line of the John Austin survey to the center of Buffalo Bayou and the place of beginning. Provided, that nothing herein or by reason hereof is to be construed to in any wise affect, curtail or abandon the jurisdiction of the City of Houston over that territory not included herein, which was acquired and obtained by virtue of that certain ordinance passed by the City Council of said city on the 18th day of April, 1913, entitled: “An ordinance ex- tending the corporate limits of the City of Houston eastwardly in a gen- eral direction with Buffalo Bayou and the Houston Ship Channel, so as to include in said city the said navigable stream and the land lying on both sides thereof for a distance of twenty-five hundred (2500) feet from the thread of said stream, to a distance of twenty (20) miles in an air line from the present eastern boundary of said city as established by the City Charter granted by the Legislature of the State of Texas in the year 1905; and also extending the western limits of said city westwardly in a general direction with said Buffalo Bayou, so as to include said stream and the land lying on both sides thereof for a distance of twenty-five hundred (2500) feet from the thread of said stream to the dividing line be- tween the Robert Vince survey and the Charles Sage and Alex. Ewing sur- veys, and declaring an emergency.” But said ordinance, except so far as the same may be amended hereby, is to remain in full force and effect and the said City of Houston is to have and, exercise all the rights, powers, au- | thority and privileges in said territory given by law and acquired by reason of the passage of said ordinance. (As amended, 1913.) Sec. 2. Boundaries—That the boundaries and limits of said corporation shall be four miles’ square, to be run with the cardinal points of the compass, of which the center of the Court House Square of Harris County, in the City of Houston, shall be the center; provided, that such part of the present boun- daries of the incorporated town of Houston Heights as may be included in the above description of the boundaries of the City of Houston, shall be ex- cepted therefrom and not included in the boundaries or limits of the City of Houston. (Amended; see next preceding section.) Sec. 2a. Extending City Limits Upon Petition—That the City of Houston, whenever a majority of the qualified voters who are citizens ot the State of Texas and inhabitants of any territory adjoining said City of Houston desire the annexation of such territory to said city, they may present a written petition to that effect to the City Council, and shall attach to said petition the affidavit of one or more of their number to the effect that said petition is signed by a majority of such qualified voters; and thereupon the City Council, at any regular session held not sooner than 20 days after the presentation of said petition, may by ordinance annex such territory to the City of Houston and thenceforth City of Houston 9 the said territory shall be a part of the City of Houston, and the inhab- itants thereof shall be entitled to all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regu- lations of the said city. (Added by amendment, 1913.) Sec. 2b. Extending Limits by Action of City Council—The City Council shall have power by ordinance to fix the boundary limits of the said City of Houston and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said city with or without the consent of the territory and inhabitants annexed; that upon the introduction of such an ordinance in the Council after it has been reported upon by the Ordinance Committee and has been amended as desired by the Council for final passage it shall be published in some daily newspaper published in the City of Houston one time, and shall not thereafter be finally passed until at least 30 days has elapsed after said publication, and when said ordinance is finally passed the said ter- ritory so annexed shall be a part of the City of Houston, and the inhab- itants thereof shall be entitled to all the rights and privileges of other cit- izens, and shall be bound by the acts, ordinances, resolutions and regula- tions of the said city. (Added by amendment, 1913.) Sec. 3. Platting of Property—That should any property lying within the city limits as established by this act be hereafter platted into blocks and lots, then and in that event the owners of said property shall plat and lay the same off to conform to the streets and lots abutting on same, and shall file with the City Engineer a correct map of same; provided, that in no case shall the City of Houston be required to pay for any of said streets at whatever date opened, but when opened by reason of the platting of said property, at.whatever date platted, they shall become by such act the property of the City of Houston for use as public high- ways, and shall be cared for as such. ARTICLE II. Section 1. Corporate Powers—The City of Houston, made a body pol- itic and corporate by this act, shall have perpetual succession, may use a common seal, may sue and be sued, may contract and be contracted with, implead and be impleaded in all courts and places and in all matters whatever, may take, hold and purchase lands as may be needed for the corporate purposes of said city, and may sell any real estate or personal property owned by it, perform and render all public services, and, when deemed expedient, may condemn property for public use, and may hold, manage and control the same; such condemnation proceedings to be governed and controlled by the law now in force in reference to the con- demnation of the right of way of railroad companies and the assess- ment of damages therefor, and shall be subject to all the duties and ob- ligations now pertaining to or incumbent upon said city as a corporation not in conflict with the provisions of this act, and shall enjoy all the rights, immunities, powers, privileges and franchises now possessed and enjoyed by said city and herein granted and conferred. Sec. 2. General Powers—(a) The City Council shall have power to enact and to enforce all ordinances necessary to protect life, health and property; to prevent and summarily abate and remove nuisances; to pre- 10 Charter of the serve and promote good government, order, security, amusement, peace, quiet, education, prosperity and the general welfare of said city and its inhabitants; to exercise all the municipal powers necessary to the com- plete and efficient management and control of the municipal property and affairs of said city to effect the efficient administration of the municipal government of said city; to exercise such powers as conduce to the public welfare, happiness and prosperity of said city and its inhabitants; and to enact and enforce any and all ordinances upon any subject; provided, that no ordinance shall be enacted inconsistent with the provisions of this Charter; and, provided further, that the specification of particular powers shall never be construed as a limitation upon the general powers herein granted; it being intended by this Charter to grant to and bestow upon the inhabitants of the City of Houston and the City of Houston full power of local self-government, and it shall have and exercise all powers of municipal government not prohibited to it by its Charter, or by the provisions of the Constitution of the State of Texas. (b) The city shall have all powers that are or hereafter may be granted to municipalities by the Constitution or laws of Texas; and all such pow- ers, whether expressed or implied, shall be exercised and enforced in the manner prescribed by this Charter, or when not prescribed herein, in such manner as shall be provided by ordinance or resolution of the Council. In addition to all the powers enumerated in this Charter, implied thereby or appropriate to the exercise thereof, the city shall have and may exercise, in the manner hereinbefore provided, all other powers which, under the Constitution and laws of this State, it would have been competent for this Charter specifically to enumerate. (As amended, 1913.) Sec. 2. Powers of Ordinance—The City of Houston shall have power to en- act and to enforce all ordinances necessary to protect health, life and prop- erty, and to prevent and summarily abate and remove nuisances, and to pre- serve and enforce the good government, order and security of the city and its inhabitants; to protect the lives, health and property of the inhabitants of said city, and to enact and.enforce any and all ordinances upon any subject; provided, that no ordinance shall be enacted inconsistent with the laws of the State of Texas, or inconsistent with the provisions of this act; and provided, further, that the specification of particular powers shall never be construed as a limitation upon the general powers herein granted; it being intended by this act to grant to and bestow upon the inhabitants of the City of Hous- ton and the City of Houston full power of self-government, and it shall have and exercise all powers of municipal government not prohibited to it by this Charter or by some general law of the State of Texas, or by the provisions of the Constitution of the State of Texas. (Amended; see preceding sec- tion.) Sec. 3. Real Estate, Etc., Owned by City—All real estate owned in fee simple title, or held by lease, sufferance, easement or otherwise; all public buildings, market houses, school houses, fire engine stations, public squares, parks, streets, alleys, and all property of whatever kind, char- acter and description which has been granted, donated, purchased, or otherwise acquired by the City of Houston through any means or agency, and all causes of action, choses in action, rights or privileges of every kind and character, and all property of whatsoever character or description which may have been held, and is now held, controlled or used by said City of Houston for public uses or in trust for the public shall vest in, and remain in and inure to the said corporation, the City - of Houston, under this act; and all suits and pending actions to which the City of Houston heretofore was or now is a party, plaintiff or de- City of Houston vu fendant, shall in no wise be affected or terminated by the provisions of this act, but shall continue unabated. Sec. 4. Street Powers—The City of Houston shall have power to lay out, establish, open, alter, widen, lower, extend, grade, narrow, care for, sell, pave, supervise, maintain and improve streets, alleys, sidewalks, squares, parks, public places and bridges, and to vacate and close the same; and to regulate the use thereof; and to require the removal from the streets and sidewalks of all obstructions, telegraph, telephone, street railway or other poles carrying electric wires, signs, fruit stands, show- cases, and encroachments of every character upon said streets or side- walks; and to vacate and close private ways. Sec 4a. Power of Improvement by Condemnation—The City of Houston shall also have power to open, extend, straighten, widen and improve any public street, alley, avenue or boulevard and for such purposes to acquire the necessary lands and to appropriate the same under the power of eminent domain, and to provide that the cost of improving any such street, alley, avenue or boulevard by opening, extending and widening the same shall be paid by the owners of the property specially benefited whose property lies in the territory of such improvements, and to pro- vide that the cost shall be charged by special assessment, and that a per- sonal charge shall be made against any owner for the amount due by him and to provide for the appointment, by the County Judge or other officer exercising like or similar powers, of three special commissioners for the purpose of condemning the said lands and for the purpose of apportion- ing the said cost, which apportionment of said cost shall be specially assessed by the governing authorities against the owners and the prop- erty of the owners lying in the territory so found to be specially bene- fited in enhanced value by the said special commissioners. That the city shall pay such portion of such cost as may be determined by the said special commissioners, provided the same shall never exceed one-third of the cost, and the property owners and their property shall be liable for the balance of the same as may be apportioned by said commissioners. That the city may issue assignable certificates for the payment of any such cost against such property Owners, and may provide for the pay- ments of any such cost in deferred payments, to bear interest at such rate aS may be prescribed by the Charter, not to exceed 8 per cent. That the city may adopt any other method for the opening, straightening, widen- ing or extending of its streets as herein provided for as may be deemed advisable and charge the cost of same against the property and the owner specially benefited in enhanced value and lying in the territory of said improvement that its Charter may provide. That the authority to adopt any other method shall include the manner of appointing commissioners, the manner of giving notice and the manner of fixing assessments or providing for the payment for any such improvement. The City Council shall have power to pass any and all ordinances necessary to carry out the provisions of this section. (Added by amend- ment, 1913.) Sec. 5. To Regulate Street and Electric Railway Companies—The City of Houston shall have the power, by ordinance or otherwise, to regulate the speed of engines, locomotives and street cars within the limits of said city; and to require steam railway companies to keep the streets over which they run properly drained, and to light the same wherever deemed 12 , Charter of the necessary, and to require steam and electric railway companies to con- struct and keep in repair, from curb to curb, bridges and crossings over all the ditches, and to construct and maintain drains and culverts where crossed by any line of said railways on all streets over which they run; to direct and control the laying and construction of railroad tracks, turnouts and switches, and to regulate the grade of same, and to require them to conform to the grade of the streets of said city as they may be or are now established, and that said tracks, turnouts and switches be so constructed and laid out as to interfere as little as possible with the ordinary travel in the use of the streets. The City of Houston shall have power by ordinance or otherwise to require steam railways using any portion of the streets of the city to pay all or any part of the paving, grading, draining and repair thereof along the street so used by such railway, and to light the same» whenever and wherever deemed necessary or advisable. Said city shall have power by ordinance or otherwise to require any street or electric railway company to pay the cost of the grading, paving, repairing or repaving or otherwise improving the street or streets or intersections thereof used or occupied by such railway company, and such cost shall be a lien upon the property and franchises of the com- pany. The portion of the street occupied by an electric or street rail- way company shall be deemed to be the space between its tracks and twelve inches on the outside of each of its rails, and all the space be- tween double tracks, turnouts and switches. Any railroad company or street railway company proposing, with the permission of the Council, to occupy any street or streets already occu- pied by any such other company, shall, besides paying for paving as may be required by the City Council, or by the provisions of this act, be required also to pay for paving between the tracks of said two roads to within twelve inches of the track of such other road, and such cost shall be a lien upon the property and franchises of the company. Should any railroad or street railway company propose to lay a track on any street or portion of a street which shall have been improved under the provisions of this act, it shall become liable for the portion of the cost of such improvement as the City Council may direct, or as is fixed by this act. No railroad or street railway company shall be permitted to occupy any street or portion of a street, improved or otherwise, not previously occupied by it, except with the permission of the City Council. The City Council shall have power by ordinance to require any street car or electric railway company, or other person or corporation operating street cars in, into or through the City of Houston, to issue to its passengers transfers from any of its lines to any other lines within the city, upon the payment by said passenger of the fare or rate pre- scribed for one continuous passage. Sec. 5a. Interchange of Service or Common Use of Tracks, Poles, Etc.—The City of Houston shall have the power by ordinance to provide for the interchange of service or common use by and between every person, firm, corporation, assignee, trustee or receiver, including the City of Houston, owning, using, operating or controlling any franchise or public utility in the City of Houston, over and of the lines, tracks or properties owned, held, maintained or operated by such person, firm, corporation, assignee, trustee or receiver under such franchise, and City of Houston 13 to have the power to enforce all ordinances passed hereunder by ap- propriate provisions, penal or otherwise, including the repeal and for- feiture of any of said franchises for non-compliance with the provisions of any ordinance or requirement passed under authority hereof. By the term “interchange of service or common use” as herein used is meant that any person, firm, corporation, assignee, trustee or re- ceiver holding a franchise from the city for any public utility shall allow the use by the City of Houston or any other person, firm, corporation, etc., owning, using, operating or controlling any franchise or public utility in the City of Houston upon the payment of a reasonable rental ‘for such use of any of its poles, tracks, wires, conduits, electric cur- rent, right of way or other properties or equipment. The City of Houston shall also provide such reasonable rates of charge and conditions of use as in its judgment may be meet and proper, and the City Council shall especially have the power to compel any railroad or terminal company, whether operated by steam, electricity or other power, to allow any other terminal or railroad company or the City of Houston to use its tracks or physical property under such reasonable regulations as to time and manner of use and compensation therefor as the City Council may fix. (Added by amendment, 1913.) Sec. 6. To Regulate Rates of Public Utilities—The City Council shall have the power by ordinance to fix and regulate the price of water, gas and electric lights, and to regulate and fix the fares, tolls and charges of local telephones and exchanges; of public. carriers and hacks, whether transporting passengers, freight or baggage, and generally to fix and regulate the rates, tolls or charges of all public utilities of every kind. To fix and regulate the fares and charges of electric or street railway companies, and shall require by ordinance, under proper penalties, that any street railroad using any of the streets of the city shall for one fare give a transfer from any of its lines to any other line in the city, whether such other line be owned by it or any other company, and in addition to the penalties to be prescribed by ordinance for the failure to give transfers, shall have the right by mandamus or other proper remedy in any court of competent jurisdiction to enforce any ordinance requiring the giving of transfers by any street railroad com- pany; and in addition thereto the City of Houston may recover of the street railway company the sum of twenty-five dollars as penalty and liquidated damages for each and every failure to give a transfer. It shall be unlawful to continue, amend or extend any street rail- road franchise, without binding any such railroad to give universal transfers, under provisions to be fixed by general ordinance. Sec. 6a. Service and Extensions by Public Utility Concerns—The City of Houston shall also have power by ordinance to prescribe the character, quality and efficiency of service to be rendered, given, performed and fur- nished, and the kind and design of material to be used in all their im- provements by persons, firms, corporations, assignees, trustees or receiv- ers engaged in the business of furnishing water, gas, electric lights, tele- phone service or in the transportation of passengers, or freight and bag- gage, or in the operation of any public utility of any kind operated under franchise from the City of Houston, and the improvement of their service in a manner necessary or required for the public comfort and convenience, and to make improvements and betterments of their property. The City of Houston shall also have the power to regulate the extension of the 14 Charter of the lines or service of any public utility operated under franchise from the City of Houston, and shall have the authority by ordinance to require, prohibit or otherwise regulate such extensions of lines or service, and the City Council may of its own motion, and shall at the request of any per- son, firm or corporation affected by any such proposed extension make provision for a hearing for the purpose of determining the reasonableness thereof and public necessity therefor. ; All such hearings shall be conducted under such provisions as the City Council may prescribe. Nothing herein shall prevent the City Council © from making general rules and regulations for the extension of lines or service. The City Council shall have power to enforce all ordinances passed under the authority hereof by appropriate provisions, penal or otherwise, including the repeal or forfeiture of any of said franchises for non-com- pliance with the provisions of any ordinance passed by authority hereof. (Added by amendment, 1913.) Sec. 7. May Own Waterworks—The City of Houston may buy or con- struct, own, maintain and operate a system of waterworks, gas or electric lighting plants, street cars and sewers, and it shall be its duty to regu- late, care for and dispose of sewage, waste water, surface water, offal, garbage and other refuse matter, and to make rules and regulations gov- erning the same, and prescribe penalties for violations of said rules and regulations. Sec. 7a. Ownership, Etc., of Public Utilities—The City of Houston may by purchase, lease, condemnation, construction or otherwise, establish, own, equip, maintain, conduct and operate, in whole or in part, libraries, reading rooms, art galleries, museums, assembly or convention halls, parks, playgrounds, gymnasiums, baths, public toilets and comfort sta- tions, abattoirs, municipal lodging houses and tenement houses, dispens- aries, infirmaries, free employment bureaus, almshouses, work farms, de- tention homes, cemeteries, crematories, morgues, works or plants for the preparation, manufacture, handling or transportation of materials re- quired in the construction, completion, maintenance or repair of streets, bridges, sidewalks, sewers and any public work, improvement, building or utility, whether specifically mentioned herein or not, and shall have power to purchase and contract for any and all materials used in connec- tion with the operation of said works or plants, or the maintenance or repair of streets, bridges, etc., herein above mentioned, and shall further have power to bid on any public work or improvement proposed or insti- tuted by or in the City of Houston, and to contract for the same in like manner and upon the same terms and conditions as other contractors, with the power to purchase any and all materials which may be neces- sary to carry out and perform such contract whether same are of the kind repaired, manufactured or handled in the plants or works owned by the City of Houston or not. The City of Houston may also by purchase, condemnation, construction or otherwise establish, own, equip, maintain, conduct and operate in whole or in part steam laundries, ice factories, bakeries, belt and terminal railways and union depots within or without the City of Houston; also, any and all buildings, establishments, institu- tions and places, whether situated inside or outside of the city limits, which are necessary or convenient for the transaction of public business or for promoting .the health, morals, education or welfare of the inhabi- tants of the city, or for their amusement, recreation, entertainment or City of Houston 15 benefit; provided, that no contract, appropriation or expenditure under this section in excess of one thousand dollars shall ever be valid, unless authorized by ordinance duly passed by the Council, after it has been read at three regular meetings. (Added by amendment, 1913.) Sec. 7b. Power of the City to Buy and Sell Electricity, Etc.—The City of Houston shall have the power to buy gas, electricity, steam, water or any other kind of power, service or commodity needed for public use, and shall have the right to resell by wholesale or retail all such gas, electricity, steam or water power, service or commodity which it may not need for its own use; provided, that no such purchase or sale shall be made by the City Council except upon and by authority of an ordinance, passed after it has been read at three regular meetings; provided further, that before the city shall be bound by any contract sought to be made by the Council for the purchase or sale of any gas, electricity, steam or other power, commodity or service for a longer period of time than five years, the proposition therefor shall be submitted to a vote of the people of the City of Houston, which proposition shall consist of the ordinance pro- posed by the City Council and the material terms of the contract, and un- less a majority of the votes cast at such election is in favor of the making of such contract the same shall not be made. Said election shall be held in the manner provided in this Charter and the ordinance ordering the same. (Added by amendment, 1913.) Sec. 8. Fires—The City of Houston shall have power to provide means for the protection against and the extinguishment of conflagrations, and for the regulation, maintenance and support of the fire department, and for the purpose of guarding against the calamity of fire may prescribe fire limits, and may regulate or prohibit the erection, building, placing or re- pairing of wooden buildings within such limits in said city as may by ordinance be designated and prescribed as fire limits, and may also within said limits prohibit the moving or putting up of any wooden buildings from without said limits, and may also prohibit the removal of any wooden buildings from one place to another within said limits, and may direct and prescribe that all buildings within the limits so designated in the ordinance as fire limits shall be made or constructed of fire-proof material, the kind, character, extent and quality of which buildings and material may by ordinance be prescribed and fixed, and may prv- hibit the repairing of wooden buildings in fire limits when the same shall have been damaged to within fifty per cent of the value thereof, and may prescribe the manner of finding such damages, and may de- clare all dilapidated buildings to be nuisances and direct the same to be repaired, removed or abated in such manner as the Council may prescribe, and may declare all wooden buildings in the fire limits which they deem dangerous to contiguous buildings, or which may cause or pro- mote fires, to be nuisances, and may require and cause the same to be removed in such manner as may be prescribed, at the expense of the owner, and may further prescribe limits within which only a fire-proof roofing may be used, and may impose a penalty for violations of such rules and regulations. The city shall have the right by ordinance to regulate, prescribe and govern the storage of lumber, sash, doors, blinds and any and all kinds of goods, wares and merchandise of every kind, and prescribe limits within which such materials may be carried, and fix penalties for viola- tion of the rules and ordinances governing the same. 16 Charter of the Sec. 9. Harbor and Water Front—Said city shall have power by itself, or in connection with the Harris County Navigation District and the Government of the United States, to acquire by purchase, lease, condem- nation or otherwise, or to construct, keep, maintain, deepen, widen, cover, wall or alter waterways, channels, slips and canals; and to improve, maintain and control the water front and harbors of the city on Buffalo Bayou and its tributaries, whether within or without the city limits, and shall also have power to provide by purchase, lease, condemnation or © otherwise, and to establish, construct, buy, own, maintain, equip, regulate and operate, and to lease or sell the same when constructed, elevators, warehouses, bunkers, wharves, docks, dry docks, piers, marine ways, levees, seawalls, moles, drawbridges, and other structures and appliances for facilitating or accommodating commerce or navigation on Buffalo Bayou and its tributaries, whether within or without the city limits. And it shall also have power to license, regulate and control the use of said streams, or restrain the landing, anchorage, moorage, loading and unloading of steamships and steamboats, sailing vessels, tug boats, rafts and all other water craft, on said Buffalo Bayou and its tributaries, wheth- er within or without the city limits; to fix the rates of wharfage, dockage, towage, pilotage and tolls, and to provide for the collection thereof, and to make and enforce regulations governing the use of harbors, docks, wharves and water front and other navigable waters, and the opening and passing of bridges in the said limits on said Buffalo Bayou and its tributaries, whether within or without the limits of said city; provided, that no contract, appropriation or expenditure hereunder in excess of one thousand dollars, or any lease or sale shall be made or ever be valid unless authorized by ordinance, passed after it has been read in full at three regular meetings. (As amended, 1913.) Sec. 9. Wharves and Docks—Said city shall have power to establish, buy, erect, maintain, own, lease and regulate wharves and docks, charge wharfage and dockage, regulate the use of White Oak and Buffalo Bayous, and fix places for the anchorage of water craft thereon. (Amended; see next preceding section.) Sec. 10. Markets—Said city shall have power to establish, lease, main- tain, regulate and operate markets and market places, and abattoirs and to build, own and maintain buildings therefor, and to rent and lease the same. Sec. 11. Charities and Corrections—The city shall have power to es- tablish, maintain and regulate the city prison, or city prisons, work houses, rock piles and other means of punishment for vagrants, city convicts, and disorderly persons, houses of correction and reformatories for youthful criminals, compulsory schools for children without parents, or vicious parents, or parents who wilfully and grossly neglect them, and such other places of incarceration and reformatory institutions, and such hospitals, orphanages and charitable institutions as it may deem expedient; provided, however, that no gratuity that is purely personal, and no pen- sion shall ever be granted to any individual, and no money of the city shall be paid out except for personal services rendered, and for the other purposes specified or authorized by this act. Sec. 12. Fines for Violation of Ordinances—That the by-laws and ordi- nances of the city shall be enforced by a fine not to exceed two hundred dollars ($200.00); provided, that no ordinance or by-law shall provide a lesser penalty than is prescribed for a like offense by the laws of the State. City of Houston 1Y The City Council may provide by ordinance for the commutation of fines imposed, by labor in a work house or on a rock pile, or upon the public streets and public ways of the City of Houston, and for the col- lection of any fine imposed execution may be enforced as other execution issued in civil causes. Sec. 13. Corporation Court—There shall be a court for the trial of misdemeanor offenses known as the ‘Corporation Court,’ with such pow- ers and duties as are defined and described in an act of the Legislature of the State of Texas, and any acts amendatory thereof, entitled, “An Act to establish and create in each of the cities, towns and villages of this State a State court, to be known as the Corporation Court, in each city, town or village, and to prescribe the jurisdiction and organi- zation thereof, and to abolish municipal courts’; said act having been presented to the Governor of Texas March 15, 1899, and not having been by him disapproved. The magistrate of said court shall be known as the “Judge of the Corporation Court,” who shall be a qualified voter, and shall be appointed by the Mayor and confirmed by the City Council, and shall hold his office for two years, unless sooner removed by the Mayor and City Council, and shall receive such salary as may be fixed by ordinance. It shall be the duty of the Mayor, as soon as practicable after the pas- sage of this act, to nominate some suitable person to the City Council, to be by it confirmed, for the position of Judge of the Corporation Court, who shall discharge the duties of said office under the terms and pro- visions of the State law creating said court, and also subject to the provisions of this act. There shall be a clerk or clerks of said court, with such deputies as may be created or provided by ordinance by the City Council, who shall be appointed by the Mayor, and shall be subject to removal at any time by the Mayor or City Council, and shall receive such salary as may be fixed by the City Council. The clerk or clerks of said court, and the deputies thereof, shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and generally to do and perform all things and acts usual or necessary to be performed by clerks of courts in issuing process of said courts and conducting the business thereof. The City Council may require such clerk, clerks or deputies created by it to perform such other duties, in addition to the duties of the clerk or deputy clerk, as may be prescribed, or may provide that some other persons, in addition to other duties, may perform the duties of a clerk or deputy clerk, without extra compensation. Sec. 14. Schools—The City of Houston an Independent School Dis: ‘trict—The City of Houston shall constitute an independent school dis- trict, subject to the general school laws of the State, except where in conflict with this act, and the city shali have authority to levy and col- lect taxes and appropriate funds for the support and maintenance of the public schools within its limits. School Trustees—How Appointed, Terms of Office, Etc.—The crustees to constitute the School Board of said city shall hereafter be appointed by the Mayor, and confirmed by. the Council, but the trustees now in office shall continue to serve till the expiration of their respective terms; and all vacancies caused by death, resignation, or other cause, shall be 18 Charter of the filled by appointment in the same manner for the unexpired ierm. The regular term of members of the School Board shall be two years, and the regular appointment of members shall be made at the first meeting of the Council in May of each year, or as soon thereafter as practicable, and the necessary number of trustees shall be appointed to take the places of those whose terms have expired. Right of Mayor to Veto Any Pecuniary Liability—No order, resolution, or vote of the School Board by which any pecuniary liability shall be incurred, or any funds expended or appropriated, shall become effective until ten days after the same is adopted, and a certified copy thereof furnished to the Mayor, and the Mayor may at any time during said period veto the same by filing his objections thereto in writing with the secretary of the School Board, who shall enter the objections at large upon the minutes of the Board; said order, resolution or vote shall become void, unless at the next meeting of the Board it shall again be adopted over the veto by the affirmative votes of at least five members, whose names shall be entered upon the minutes of the Board. City Treasurer Custodian of Funds—The custodian of other city funds, as provided by this act, shall be the custodian of all public school funds upon the same terms and conditions as other funds, and his bond shall cover said school funds. How Funds Are to be Paid Out—No school funds shall be paid out except upon pay rolls or warrants signed by the president of the School Board and the Mayor of the city, and countersigned by the City Con- troller. Duty of School Board to Make Financial Statements—lIt shall be the duty of the School Board to make such financial statements or reports as may be requested by the Mayor or the City Council, and the Mayor or Council may make or cause to be made all such investigations as to the expenditures of funds or the conduct of the schools as either may deem proper. Members of School Board Not to Receive Any Pay, or to Be Interested in Any Contract, or to Buy or Sell Any School Warrants, Etc.—No mem- ber of the School Board shall receive any compensation for his services in any capacity whatever, nor be interested directly or indirectly in any contract with, or claim or demand of any character against the School Board of the City of Houston. Any such contract, claim, or demand shall be void, and any member of said board who shall become inter- ested in any such contract, claim, or demand, or shall buy or sell any school warrants or obligations of said Board, and shall have any interest in any claims or obligations of said School Board, shall be subject to removal by the City Council. Sec. 14a. School Board to Furnish Free School Books—It is hereby made the duty of the School Board to purchase such text books as are required to be used in all the city’s schools, to appropriate money from the school funds to pay for said books, and it is hereby made the duty of the Mayor of'the City of Houston to approve such appropriations as are necessary to pay for said books, such books to be purchased in the manner as shall hereinafter be provided. For the school year com- mencing September, 1914, on or about such date, and for all terms and semesters thereafter, the School Board shall buy and furnish text books City of Houston 1A, to be used by the pupils of the first four grades, known as first, second, third .and fourth grades. For the school year commencing in 1915, and for all terms and semesters thereafter, the School Board shall buy and furnish text books to be used by the pupils of the first eight grades, known as first, second, third, fourth, fifth, sixth, seventh and eighth grades. For the school year commencing in 1916, and for all-terms and semesters thereafter, and for all school years, terms and semesters in the future, for all schools conducted by the City of Houston, including the freshman, sophomore, junior and senior classes of the High School, the School Board shall buy and furnish all books used by all the pupils in all grades whatsoever. The books shall be the property of the City of Houston, and they shall be loaned to the pupils within the scholastic age attending the public schools, free of charge, for use, and no pupil attending school in Houston, Texas, under the provisions of this amend- ment, shall be deprived of any books necessary for his studies in the aforesaid grades. The control and distribution of the books shall be governed by such rules as the School Board sees fit to make, or by such ordinances as may be passed by the City Council. All laws or parts of laws in conflict herewith shall stand repealed. (Added by amendment, 1913.) Sec. 15. Burial Grounds, Crematories and Cemeteries—The City Coun- cil shall have power to regulate burial grounds, crematories and ceme- teries, and to prohibit burial within the city limits if deemed advisable, or if necessary to protect the public health, and to condemn and close ) burial grounds and cemeteries in the thickly settled portions of the city, and, when demanded by. the public interest or public health, to remove or cause to be removed bodies interred in such condemned and closed cemeteries and burial grounds, and shall cause them to be re-interred in a Suitable place to be provided by the city, at its expense, and whenever advisable, the city may condemn the land proposed to be used for the re-interring of bodies in the same manner as in condemnation suits of railway companies, and use such condemned ground formerly used for cemeteries, for such purposes as may best subserve the interests of the city. The City Council shall have power and authority to make all needful and necessary regulations in regard to butchers and persons selling meats, farm products, fish, vegetables and fruit, and all food stuffs, and to require the same to be inspected and condemned if not found whole- some, and to provide penalties for violation thereof. The City Council.shall have the right and power by ordinance to pro- vide that the tenant or owner of any property shall pay to the city such reasonable charges for the removal of night soil or other refuse matter from the closets of the premises thereof, and to prohibit any one except someone in the employ of the city, or by the city authorized to do so, from removing or carrying away the contents of any privy, vault or water closet, or any receptacle of human excrement, and the city shall have the right to have inspected the premises of all persons at any time in the interest of the public health, and for the purpose of making said inspection, the officers or agents of the city, duly authorized to do so, shall have a right to enter upon the premises of any person at any hour during the day time to make said inspection. Whenever notice is given by any officer or employee of the city inspecting any premises that said premises need cleaning, the said night soil or other refuse matter shall be removed, and the owner or tenant of said premises shall 20 Charter of the pay the city the price prescribed therefor, and failure to do so shall sub- ject said persons to the penalties to be prescribed by ordinance, and said persons shall be fined, upon conviction in the Corporation Court, in any sum not less than one dollar nor more than two hundred dollars. To prevent any person from bringing, depositing or having within the limits of said city any dead carcasses or any offensive or unwholesome substances or matters, and to require the removal or destruction by any person who shall have placed upon or near his premises or elsewhere any substance or matter, filth or unsound beef, pork or fish, or hides and skins of any kind, and on his default, to authorize the removal or de- struction thereof by some officer or employe of the city, and to require the owner of any dead animal to remove same to such place as may be designated. The City Council shall also have the power to pass ordinances author- izing the destroying of clothing, bedding, furniture and buildings infected with the germs of any infectious or dangerous disease, when in the discretion of the City Council the public health requires the destruction of the same, and may also in the same manner authorize the destruction or removal of buildings or other objects, after the same shall have been declared a nuisance and to be dangerous to the health or lives of the citizens of said city. That said corporation of the City of Houston is hereby given full power and authority to take such steps to improve and preserve the purity of the water in Buffalo Bayou, above the City of Houston, as it may think necessary; provided, that the power in this section shall not be con- strued to give said corporation any jurisdiction or control over said Bayou beyond the corporate limits of said city, except for the purpose of protecting or improving the water shed, i. e., the water supply of both Buffalo Bayou and the smaller streams or tributaries; provided, further, that the said corporation shall have the right to condemn land, build- ings and outhouses or closets when they may deem same necessary for the protection and preservation of the purity of the water in said Bayou, and shal! have such police powers as to control the same. The City Council shall also have power to require any persons or cor- porations owning or operating manufacturing enterprises within or with- out the city, which discharge refuse matter into Buffalo or White Oak Bayous, or the tributaries of either, to make other provision for such refuse matter, or so purify the same as that the public health will be fully protected. Sec. 15a. Legal Day’s Work—(a) Hight hours shall constitute a day’s work of all laborers, workmen or mechanics now employed or who may hereafter be employed by or on behalf of the City of Houston in any one calendar day where such employment, contract or work is for the purpose of constructing, repairing or improving buildings, bridges, roads, highways, streams, levees, sewer building, pipe laying, water construc- tion or other work of a similar character requiring the services of la- borers, workmen or mechanics. Except in case of emergencies, in which event the emergency provisions of Section b hereof shall apply. (b) All contracts hereafter made by or on behalf of the City of Houston with any corporation, person or association of persons for the performance of any work shall be deemed and considered as made on the basis of eight hours constituting a day’s work, and it shall be unlawful for any corporation, person or association of persons having a contract City of Houston vf — with the City of Houston to require or permit any such laborers, work- men or mechanics-to work more than eight hours per calendar day in doing such work, except in case of emergency or in cases where it may become necessary to work more than eight hours per calendar day for the protection of property, human life or other grave necessity. In such emergencies the laborers, workmen or mechanics so employed and work- ing to exceed eight hours per calendar day shall be paid on the basis of eight hours constituting a day’s work; provided, that nothing in this amendment shall affect contracts in existence at the time of the taking effect of this amendment. ) (c) The City Council shall enact all such ordinances as may be neces- sary to carry out and make effective the provisions of this amendment. (Added by amendment, 1913.) Sec. 16. Peace and Good Order—The City of Houston shall have power by ordinance duly passed to establish and maintain the City Police De- partment, prescribe the duties of policemen and regulate their conduct. To permit, forbid or regulate theatres, balls, dance houses and other public amusements, and to suppress the same whenever the preservation of order, tranquillity, public safety or good morals may demand. To regulate dram shops, drinking saloons and other places where in- toxicating liquors are sold, and to close variety theatres when necessary, expedient or advisable. To prohibit and punish keepers and inmates of bawdy houses and va- riety shows; to prevent and suppress assignation houses and houses of ill-fame, and to regulate, colonize and segregate the same, and to deter- mine such inmates and keepers to be vagrants, and provide for the pun- ishment of such persons. To inspect weights and measures, fix standards of weights and meas- ures, and to fix penalties for not using or conforming to the same, and to provide that inspection fees may be fixed by: ordinance. To make all needful and proper regulations concerning keepers of taverns and grog shops and other public houses, draymen, horse drivers, water carriers, omnibus drivers, hack drivers and drivers of baggage wagons, and other vehicles, and especially to preserve order and pre- vent noise and confusion in and about the several depots on the arrival and departure of railway trains, and to provide how and where hacks or other carriers shall stand or take their position upon the streets adjacent or near to said depots. To prevent extortion by carriers of passengers or baggage, hacks, drays and public conveyances, by establishing maximum rates of charges and providing penalties for violation thereof. To provide and fix by ordinance public stands where hacks and drays, baggage wagons or other public carriers shall stand on the streets of said city for the purpose of soliciting business, and to prescribe that they shall not stand, except when receiving or discharging passengers or freight, at any points other than those designated in the ordinance as public stands. To suppress gambling houses, and to punish keepers of gambling houses and pool sellers, and all persons who play cards or games of chance of any kind, and to punish persons who Sell lottery tickets or who advertise lottery drawings or schemes and results of drawings or lotteries. 22 Charter of the . To provide for the regulation of bakers and to prescribe the weight, quality and price for bread manufactured or sold in the City. of Houston, according to the price of the material or otherwise, and to provide for the inspection of milch cattle, whether kept within the city or without the city limits, from which milk is sold within the city, and to provide for the inspection of the milk offered for sale, and to prescribe the fees to be charged therefor. To establish and regulate public pounds and to regulate and restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, geese and pigeons, and to authorjze the distraining, impounding and sale of the same for the cost of the proceedings and the penalty in- curred, and to order their destruction when they cannot be sold, and to impose penalties upon the owners thereof for the violation of any ordinances regulating or prohibiting the same. To tax, regulate, restrain and prohibit the running at large of dogs, and authorize their destruction when at large contrary to ordinance, and to impose penalties on the owners or keepers thereof. To prohibit and restrain or regulate the rolling of hoops; the flying of kites and firing of firecrackers; the use of velocipedes and bicycles, and the use of any pyrotechnic or any other amusement or practices tending to annoy persons passing in the streets or sidewalks or to frighten horses and teams. To restrain and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and per- formances tending to the collection of persons in the streets or side- walks by auctioneers and others for the purpose of business, amusement or otherwise. To prohibit mendicants, ‘beggars or persons of infirm or maimed bodies, or suffering with diseases of any kind from soliciting aims, help or assistance upon the streets or sidewalks of said city, and to prescribe a penalty by fine for a non-observance thereof. To prohibit and regulate the ringing of bells and blowing of whistles of railroad engines or locomotives within the city limits, and to regulate the speed thereof. To regulate and control the driving of .cattle, horses and all other animals into or through the city. To prevent all trespasses and breaches of the peace and good order, assault and batteries, fighting, quarreling, using abusive, profane and insulting language, misdemeanors and all disorderly conduct and punish all persons thus offending. To prevent and punish the keepers of houses in which loud or immoral theatrical representations are given, and to adopt summary measures for the removal or suppression of all such establishments. The City Council shall have power to require, on due notice, all steam or street railway companies owning tracks within the city limits, upon the public streets or highways of said city, which may have been or may hereafter be abandoned by said companies by non-use, to remove such tracks and to restore at their own expense the street or way upon which such abandoned track is located to the proper grade. To prohibit, prevent and suppress horse racing, immoderate riding and driving in the streets of said city. To regulate the use of automobiles and the speed thereof. City of H ouston ee To prohibit and punish the abusers of animals. To compel persons to fasten their horses or other animals attached to vehicles or otherwise hitched or standing in the streets. To restrain and punish vagrants, mendicants, beggars and prostitutes. To regulate and control the sale, gift, barter or exchange of cocaine, opium, morphine and the salts thereof. Sec. 17. Franchises—The right of control, easement, user and the ownership of and title to the streets, highways, public thoroughfares and property of the City of Houston, its avenues, parks, bridges, and all other public places and property are hereby declared to be ‘inalienable, except by ordinance duly passed by a majority of all the members of the City Council and approved by the Mayor; and no grant of any fran- chise, or lease, or right to use the same, either on, along, through, across,, under or over the same by any private corporation, association or in- dividual, shall be granted by the City Council, unless submitted to the vote of the legally qualified voters of said city, for a longer period than thirty years; provided, however, that whenever application is made for any grant of franchise, lease, right or privilege in or to the streets and public thoroughfares of the City of Houston by any person or corpora- tion, if they so request, the Council shall submit the same at an election called for said purpose, the expense of which shall be borne by the ap- plicant for said franchise, and at said election, if the majority of the votes cast by the legally qualified voters shall be in favor of making said grant as applied for, said grant may be made for such a term of years as is specified in the ordinance submitting the same at said election; provided, however, that no grant shall be made or authorized for a longer period than fifty years. The City Council may also, upon its own motion, submit all applica- tions or ordinances requesting the granting of franchises or special privileges in or to the streets, public thoroughfares and highways of the City of Houston, to an election, at which the people shali vote upon the propositions therein submitted; the expense of which election shall be paid by the applicant, or applicants, therefor. No such franchise shall ever be granted until it has been read in full at three regular meetings of the Council, nor shall any such franchise, grant, right or easement ever be made to any private individual, corporation or association, unless it provides for adequate compensation or consideration therefor, to be paid to the City of Houston, and in addition to any other form of com- pensation, grantee shall pay annually such a fixed charge as may be pre- scribed in the franchise. Such grant under and any contract in pursu- ance thereof shall provide that upon the termination of the grant, the grant, as well as the property, if any, of the grantee, in the streets, avenues and other public places, shall thereupon, without other or fur- ther compensation to the grantee, or upon the payment of a fair valua- tion therefor (the mode -of ascertaining which shall be determined in the grant), be and become the property of the City of Houston, and the grantee shall never be entitled’ to any payment or valuation because of any value derived from the franchise or the fact that it is or may be a going concern, duly installed and operated. Every such grant shall make adequate provision by way of forfeiture of the grant, or otherwise, to secure efficiency of public service at rea- sonable rates, and to maintain the property in good order throughout the life of the grant. 24 Charter of the The City Council may also inspect and examine, or cause to be in- spected and examined at all reasonable hours, any books of account of such grantee, which books of account shall be kept and such reports made in accordance with the forms and methods prescribed by the City Council, which, as far as practicable, shall be uniform for all such grantees. Sec. 18. ‘Referendum—Whenever application is made to the City Council of the City of Houston for any such grant or franchise, lease or right to use the streets, public highways, thoroughfares or public prop- erty of the City of Houston, as is provided for in the preceding section of this act, or whenever an ordinance is introduced in the City Council proposing to make the grant .of any franchise, lease or right to use the public highways, streets, thoroughfares and public property of the City of Houston, publication of said ordinance of such proposed grant or right to use the streets, public thoroughfares and highways of said city shall be made by publishing the ordinance as finally proposed to be- passed, which shall not thereafter be changed, unless again republished, setting forth in detail all the rights, powers and privileges granted or * proposed to be granted, in some daily newspaper published in the City of Houston, once a week for three consecutive weeks, which publication shall be made at the expense of the applicant or the person or persons. desiring said grant, and no such grant shall be made, or ordinance passed, until after publication in the manner aforesaid, nor shall any such ordi- nance confirming or making any such grant, lease or right to use the streets, public highways and thoroughfares of the City of Houston take effect or become a law or contract, or vest any right in the applicants therefor, until after the expiration of thirty days after said ordinance has been duly passed by the City Council and been approved by the Mayor. Pending the passage of any such ordinance or during the time inter- vening between its final passage and approval by the Mayor, and the expiration of the thirty days before which time it shall not take effect, it is hereby made the duty of the City Council to order an election, if requested so to do by written petition signed by at least five hundred legally qualified voters of said city, at which election the legally qualified voters of said city shall vote for or against the proposed grant as set forth in detail by the ordinance conferring the rights and privileges upon the applicants therefor, which said ordinance shall be published at length and in full in the call for said election made by the Mayor, and if at said election the majority of the votes cast shall be for said ordinance and the making of said proposed grant, the same shall thereupon be- come effective; but if a majority of the votes cast at said election so held shall be against the passage of said ordinance and the making of said grant, said ordinance shall not pass, nor shall it confer any rights, powers or privileges of any kind whatever upon the applicants therefor, and it shall be the duty of the City Council, after canvassing the vote of said election, to pass an ordinance repealing the ordinance which has been by it passed, if the same has been passed. No grant of franchise, or lease or right of user, in, upon, along, through, under or over the public streets, highways or public thoroughfares of the City of Houston shall be made or given, nor shall any rights of any kind whatever be conferred upon any person, private corporation, indi- vidual or association of any kind whatever, except the same be made by City of Houston 25 ordinance duly passed by the City Council, nor shall any extension or enlargement of any rights or powers previously granted to any corpora- tion, person or association of persons, in, upon, along, through, under or over the streets of the City of Houston be made, except in the manner and subject to all of the conditions herein provided for in this act for the making of original grants and franchises; provided, however, that the provisions of this section shall not apply to the granting of side- track or switch privileges to railway companies for the purpose of reaching, and affording railway connection and switch privileges to the owners or users of any industrial plants; it being the intention to permit the City Council to grant such rights or privileges to railway companies whenever in their judgment the same is expedient, necessary or ad- visable. : Sec. 19. Contracts for Services—No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts involving a personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. Nor shall the City of Houston or any one acting for it make any con- tract for supplies for the current use of any department of the munici- pality for a longer period than ninety days, and so far as practicable, all supplies purchased for the use of any or all of the departments of said city shall be made or let upon competing prices therefor. No contract shall be entered into until after an appropriation has been made therefor, nor in excess of the amount appropriated, and all con- tracts, whenever practicable, shall be made upon specifications, and no contract shall be binding upon the city unless it has’ been signed by the Mayor and countersigned by the Controller, and the expense thereof charged to the proper appropriation, and whenever the contract charged to any appropriation equals the amount of said appropriation, no further contracts shall be countersigned by the Controller. All contracts, of whatever character, pertaining to public improvement, or the maintenance of public property of said city, involving an outlay of as much as one thousand dollars ($1,000.00) shall be based upon speci- fications to be prepared and submitted to and approved by the Mayor and City Council, and after approval by the Mayor and City Council, advertisement for the proposed work, or matters embraced in said pro- posed contract, shall be made, inviting competitive bids for the work proposed to be done; which said advertisement shall be put in a daily newspaper not less than ten times. All bids submitted shall be sealed, shall be opened by the Mayor in the presence of a majority of the alder- men, and shall remain on file in the Mayor’s office and be opened to public inspection for at least forty-eight hours before any award of said work is made to any competitive bidder. The Council shall determine the most advantageous bid for the city, and shall enter into contract with the party submitting the lowest secure bid, but shall always, in every advertisement of public work or contract involving as much as one thousand dollars ($1,000.00), reserve the right to reject any and all bids. Pending the advertisement of the work or contract proposed, specifications therefor shall be on file in the office of the Mayor, sub- ject to the inspection of all parties desiring to bid. Sec. 19a. Certificate of Controller Prerequisite to Ordinance, Etc., Ap- propriating Money—No contract, agreement or other obligation involving 26 Charter of the > Fe 3 i) the expenditure of money in excess of one thousand dollars shall be or- dered, authorized, entered into or executed by any officer of the city unless same be by authority of ordinance, nor shall any ordinance, res- olution or order for the appropriation of money, or for the making of any contract, agreement or other obligation requiring the expenditure of money, be passed by the Council unless the Controller first certify to the Council that the money required for such contract, agreement, ob- ligation or expenditure is in the treasury and not appropriated for any other purpose, or that the funds will be received into the treasury and be available before the maturity of said obligation, and that the said funds anticipated have not been already appropriated for any other purpose, which certificate shall be filed and immediately recorded. If moneys be not actually ‘in the treasury to the credit of the fund from which it is to be drawn, but will be received into the treasury be- fore the maturity of the obligation, the Controller shall not certify that the funds will be available unless the moneys are to be derived from law-. fully authorized bonds sold and in process of delivery or that the funds are anticipated to be derived from current or general revenues, such as from taxes or assessments, or from sales of services, products or by- products, or from any undertakings, fee charges, accounts and bills re- ceivable, or from other items in process of collection, and will be avail- able before maturity of the obligation; and he shall show from what source the funds will be derived, and if the amount anticipated is to.come from the general revenues of the city, he shall certify further that the amount, including the aggregate of amounts previously specified or anticipated, either by budget or appropriation, will not exceed the reve- nues levied or assessed for the fiscal year. . Any sum certified by the Controller shall not thereafter be consid- ered aS unappropriated .or subject to reappropriation until the city is discharged from the contract, agreement or obligation. (Added by amendment, 1913.) ARTICLE Ill. Section 1. Taxation—The City Council shall have power, and it is hereby authorized to levy annually for general purposes and for the purpose of paying the interest and providing the sinking fund on the outstanding bonded indebtedness of the City of Houston, and for pay- ing the interest and making provision for the sinking fund on such future bond issues as may be authorized an ad valorem tax on all real, personal and mixed property within the territorial limits of said city, and upon all franchises granted by the city to any individuals or cor- porations, of not exceeding a total tax of two dollars on the one hundred dollars appraised valuation of said property, except that an additional tax of not exceeding twenty-five cents on the one hundred dollars valu- ation may be levied on property in improvement districts for sidewalk improvements, if authorized as hereinafter provided in Section 16, Ar- ticle IX; provided, however, that public property used for public pur- poses; actual places of religious worship; places of burial not held for private or corporate profit; all buildings used exclusively and owned by persons or associations of persons for school purposes (and the necessary furniture of all schools) and institutions of purely public charity, are hereby declared to be exempt from taxation; and provided further, that two hundred and fifty dollars ($250.00) worth of household and kitchen City of Houston | an furniture belonging to each family in said city shall likewise be exempt from taxation. The City Council may also continue annually to levy and provide separately or jointly in the tax levying ordinance, for the assessment and collection of so much of the special tax provided by ordinance passed by the City Council of said city on the second day of June, A. D. 1888, as may be necessary to pay the interest on and create a sinking fund of not less than two per cent. of the indebtedness mentioned in said ordinance, but the gross total of all the taxes levied for all pur- poses by said City Council for any one year shall not exceed two per cent of the appraised valuation of all property, real, personal and mixed, in said city; provided, however, that the Council may levy a special tax in any improvement district, if any, and shall if authorized, of not ex- ceeding twenty-five cents on the one hundred dollars valuation for sidewalk improvements. And if for any cause the City Council shall fail or neglect to pass a tax ordinance for any one year, levying taxes for that year, then, in that event, the tax levying ordinance last passed shall and will be considered in force and effect as the tax levying ordinance for the year for which the City Council failed to pass a tax levying ordinance, and the failure so to pass such ordinance for any one year shall in no wise invalidate the collection of the tax for that year. The City Council may also determine and provide when taxes shall be due and payable by corporations or individual corporators, and all persons owning property, and prescribe penalties for the non-payment of taxes upon the expiration of the time fixed by tDe City Council de- claring when the same shall be paid. The City of Houston shall not for the year 1914, nor for any year thereafter, levy, assess or collect a poll tax from any citizen of the City of Houston, and all provisions of the City Charter in conflict herewith are hereby expressly repealed. (Added by amendment, 1913.) The City Council may also levy, assess and collect from each male citizen of the city, over the age of twenty-one and under the'age of sixty years, an annual poll tax of one dollar ($1.00); provided, however, that all persons ex- empt from the payment of the State poll tax under the general laws of the State, or by virtue of the Constitution, shall be exempt from the payment of the city poll tax. (Amended; see next preceding section.) Sec. 2. All real, personal and mixed property held, owned or situated in the City of Houston shall be liable for all taxes due by the owners" thereof, including taxes on real estate, franchises, personal and mixed property and poll taxes. All personal property may be levied upon, seized and sold by the Assessor and Collector of Taxes, or such other officer as may be desig- nated by the City Council, for any taxes that may be due by the owner thereof, without further warrant of authority than the production of his tax roll, which sale when made shall convey a prima facie title to the purchaser thereof; or the amount of the tax due by any person upon: any species of property may be sued for in any court having jur- isdiction, and a personal judgment may be recovered against any de- linquent taxpayer or against any person to whom personal property on which the city tax is due has been sold, or who owns, holds or claims possession of said personal property. Sec. 3. The tax levied by the city is hereby declared to be a lien, charge and encumbrance on the property for which the. tax is due, ‘ 28 Charter of the which lien, charge and encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance ‘on the property in favor of the city for the amount of the taxes due on such property is such as to give the State courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this State, or person whose residence is unknown, but also against the unknown heirs of any person who owns the property on which the tax is due, and against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be fore- closed and the tax collected by suit in any court having jurisdiction. Sec. 4. It shall be the duty of every person owning or holding prop- erty in the City of Houston to render under oath to the Assessor and Collector of Taxes, or such other officer as may be provided for by ordinance, at his office in said city annually, within the time pre- scribed by the ordinances of said city, a full and complete inventory of all property so owned or held by him, whether real, personal or mixed, and to take and subscribe to an oath to the correctness of such inventory, which oath may be administered by the Assessor and Collector, or such other officer as aforesaid, acting in person or by deputy. All property, real, personal or mixed, except such as is herein expressly - exempted, is subject to taxation, and the same shall be rendered and listed in the manner prescribed by the general laws of the State in regard to general taxation when applicable, unless provision is other- wise specially made therefor herein. The definition of property and terms as defined by the general laws of the State under the head of taxation shall apply to the taxation of this city, and all property subject to taxation as prescribed by the general laws of this State, except as herein specially. exempted, shall be subject to taxation by the City of Houston. Sec. 5. The City Council shall have full power to, and may by ordi- nance, provide for the prompt collection of all taxes levied, assessed and due, or becoming due to said city, and to prescribe where prop- erty shall be assessed or rendered for taxes, and when the taxes thereon shall become due and payable, and to that end may and shall make such provisions as are necessary covering the levying, laying, imposing, assessing and collecting of any of said taxes, and to regulate the method and manner of making out tax lists and inventories, and the appraise- ment of property thereon, and to prescribe an oath that shall be admin- istered to each person on such rendition of the property, and to fix the duties and define the power of the Assessor and Collector of Taxes, or such other officer or person as may be designated therefor by the City Council. All taxes shall be payable at the office of the Assessor and Collector, or such other officer as the City Council may prescribe, and no demand for payment thereof shall be requisite or necessary to enforce the col- lection thereof by any of the proceedings herein prescribed, nor for the collection of any taxes due before the passage of this act. All property which the owner thereof may fail or refuse to inventory, render and assess, or which the owner thereof may have failed or refused to inventory, assess and render for years prior to the passage City of Houston ae * of this act, shall be by the Assessor and Collector of Taxes, or such other officer designated by the City Council, inventoried, assessed and rendered for taxes for the year or years for which the same was not so rendered, inventoried or assessed by the owner thereof, and the Assessor and Collector, or such other officer designated by the City Council, shall have the right, and it shall be his duty at any time to revise, correct and reassess, and properly describe any property in- correctly rendered or assessed, or imperfectly described, for any year, without the necessity of giving notice to the owner thereof; provided, however, that the valuation as fixed by the Board of Appraisers shall not be changed, and such inventory and assessment when revised or corrected so made shall be as valid and effective as if on the assess- ment sheets or tax rolls, and as if regularly and duly rendered and assessed by the owner thereof for the year for which rendered, assessed and inventoried as above provided by the Assessor and Collector of Taxes, or such other officer as may be designated by the City Council, and said tax rolls and assessment sheets shall be prima facie evidence that said property was regularly and duly rendered, inventoried and assessed and properly described in all respects as if done duly and regularly by the owner in the first instance; provided, however, that if such assessment sheets or tax rolls are vague or indefinite, the City of Houston may show by evidence other than the assessment rolls and tax rolls where the property is located, and on what property the tax is due; who owns the property, and that the taxes on the same are due and unpaid, and shall enforce and foreclose the tax lien on such property, as herein provided. Sec. 6. That all ad valorem taxes due or becoming due upon real, personal and mixed property, and upon franchises granted by the City of Houston to individuals or corporations, and all license taxes and occupation taxes, and all fines, forfeitures, penalties and other dues or taxes accruing to the City of Houston shall be collectible and pay- able only in current money or current funds of the United States. Sec. 7. That the City Council shall have the power to assess, license and tax hawkers, peddlers, auctioneers, theatrical and other exhibi- tions, shows and amusements, circuses, billiard tables, nine and ten pin alleys, alleys with any number of pins, public drays, wagons, omnibuses, carriages and automobiles, grog shops and dram shops, beer saloons, whether for the sale of domestic intoxicants or otherwise, and such other trades or occupatious not specifically mentioned herein, as are; or may be, taxed or licensed by the laws of this State, but no assess- ment or license tax levied under this section shall exceed one-half of the amount levied by the State for the same period on such trade, profession ‘or occupation, and the same may be regulated, levied and collected in the same manner as said taxes are regulated and collected by the State of Texas. That all license taxes or occupation taxes shall be paid to the As- sessor and Collector of Taxes, or other officer designated therefor by the City Council by each and every person or firm engaging in any trade, profession, business, calling, avocation or occupation, before engaging therein, and shall take his receipt therefor, which receipt shall be esteemed lawful license for the pursuit of the occupation in- dicated, and if any person shall engage in any business, calling, avo- cation or occupation, trade or profession, which by ordinance of said 30 ~ Charter of the —; city is subject to a license or occupation tax, without first having ob- tained said license or occupation tax, he, she or they shall be liable to arrest, imprisonment and a fine to be fixed by ordinance for each and every day such violation of said ordinance may continue, and each day shall constitute a separate offense, and this section shall apply to all persons owing license and failing to pay the same, and the City Council may make such further regulations as it deems necessary to enforce this provision and punish persons violating the same. Sec. 8. All taxes due by property owners on any and all property for the year 1875, up to and including the year 1904, and for all years intervening, and for all years thereafter, until otherwise provided by charter, as appears upon the tax rolls of said city, may be collected by suit from delinquents and foreclosure of the lien thereon may be had in any court having jurisdiction of the same, and any person who shall purchase or shall have purchased -property encumbered with a lien for taxes, or upon which taxes are due, shall be deemed as to such taxes a delinquent taxpayer, and such purchaser takes the property charged with the lien, and he can not interpose any defense which his vendor might not have interposed had he continued to be the owner, except that no personal judgment shall be rendered for same against said purchaser; provided, however, that any delinquent taxpayer shall have the right to plead in any court and to rely as a defense upon the statute of limitation of four years in any suit brought for taxes alleged to be due the City of Houston, and in no case wherein such limita- tion is plead and the taxes sued for, or any part thereof, are shown to have been due and payable for four years or more before said suit was instituted, shall judgment be rendered for such taxes so shown to have been due for more than four years; provided further, how- ever, that the defense of limitation shall not apply to any suit which may within one year after the passage of this act be instituted by the City of Houston for the collection of any taxes due for any year from 1875 up to and including the year 1901, nor shall it apply in any case wherein the sale of any property delinquent for taxes has been made under. the provisions of this act, nor if such sales shall be made within one year after this act takes effect. It shall be the duty of the City of Houston, within one year after this act goes into effect, to cause suit to be filed for the collection of all back taxes which have accrued to said city and are due and un- paid for the year 1875, and for each and every year, or any and all years intervening, up to and inclusive of the year 1901, and after the expiration of one year from the time this Charter goes into effect no suit shall be instituted, nor shall any sale of property be made by the City of Houston or its officers for any taxes which have become due and payable for more than four years prior to the filing of said suit, or the sale of said property by the proper officer of said city as pro- vided for in this article. And it shall be the duty of the City Council to pass an ordinance imposing a fine of two hundred dollars upon such person as is or may be employed by said Council to collect said taxes, who fails to use due diligence in the collection of all such taxes, and such persons so failing to do so, shall at once be discharged from the service of the city, and each and every failure shall be a separate offense and subject the person to such fine for each failure or separate offense. The City of Houston is hereby expressly authorized to, and, has the right to maintain a suit to recover a personal judgment for the City of Houston sah amount of any tax due it, accruing from any species of property taxed by it, as well as for li¢ense and occupation taxes, and the tax may be collected by sale of the particular property on which it is assessed, by enforcing the lien or by the sale of all or other property under a judgment of court, or by seizure and sale of personal property; pro- vided, that when any action is instituted against any person to re- cover taxes due the city, all the taxes due by such person or persons upon any piece, lot or parcel of property, real or personal, shall be embraced in one suit, whenever the same is legal and practical, and when the same can be done and is not done subsequent to the pas- sage of this act, all taxes for years antecedent to those for which the taxes are alleged to be due shall be conclusively presumed to have been paid. And where two or more actions are brought subsequent to the passage of this act, and all the taxes due might legally be or have been -embraced in one action, the court shall, on motion of the defendant, or of its own motion, consolidate said actions, and when same is done the costs shall be paid as in only one action. In suits for taxes, the proper persons shall be made parties defend- ant in such suits, shall be served with process and other proceedings had therein, as: provided by law for suits of like character in the District Courts of this State; and in case of foreclosure, an order of sale shall issue and the land be sold thereunder, as in other cases of foreclosure, which order of sale shall have all the force and effect of a writ of possession between the parties to the suit and any person claiming under the defendant by any right acquired after the filing of the suit; and the Sheriff-or other officer executing such order of sale shall proceed by virtue of the same to place the purchaser of the property sold under such order of sale in possession thereof within twenty days, as provided by the general laws of Texas, after date of sale, but not before, and such order of sale may direct that the Sheriff or other officer executing such order of sale shall sell the property, either each piece separately, as under execution, or in. gross, as the city, through its attorney, may direct; or if the defendant or his attor- ney shall, at any time before the sale, file with the Sheriff or any other officer in whose hands any such order of sale shall be placed, a written request that the property described therein shall be divided and sold in less tract than the whole, together with the description of said subdivisions, then such officer shall sell the land in said subdivisions, as the defendant may request, and in such case shall only sell as many subdivisions as will satisfy the judgment, the court costs, and all other costs hereinafter specified. In all cases in which lands have been sold for default in the pay-. ment of the taxes, it shall be lawful for the Sheriff or other officer selling the same, or any of his successors in office, to make a deed or deeds to the purchaser, or to any person to whom the purchaser may direct the deed to be made, and such deed shall be held in all courts of law or equity in the State to vest a good and perfect title in the purchaser thereof. The City Attorney or other officer designated therefor by the City Council shall represent the city in all suits against delinquent tax- payers, and in any and all suits by the City of Houston for the collec- tion of the taxes due it there shall be charged in the cost bill in said case when judgment is rendered for the city, five per cent. upon the amount of the judgment so rendered in said cause, which amount shall B2 Charter of the be taxed as cost against the property upon which the tax is due and unpaid to the city, and in no case after suit has been filed shall a receipt for taxes be given on the property in suit until after the pay- ment of five per cent. attorney’s fees as above provided, the cost of the City Assessor and Collector, or such other officer as herein stated, and all court costs. When judgment has been taken for taxes due on the property in suit, the five per cent. attorney’s fees and other costs above named shall be taxed as costs against the property to be sold under judg- ment for taxes, and paid out of the proceeds of the sale of the same, together with the taxes and interest due thereon to the city, and the five per cent. taxed as attorney’s fees shall be paid: to the City. Sec. 9. For the taxes due on any property for any and all years, for and including the year 1875, up to and including the year 1904, and for all years intervening, and for all years after the year 1904, until otherwise provided by charter, either the tax rolls or a state- ment of the taxes due on any property made from said rolls certified - to and signed by the City Assessor and Collector of Taxes of the City of Houston, or such other officer or employee as the City Council may designate, shall be prima facie evidence that the tax on the property is due; that the facts stated therein are true, and that all the pre- requisites required by law pertaining to the levying and assessing of taxes and the rendition of the property therefor on which the suit is brought for the taxes due have been complied with. In addition to the tax rolls and the certified statement from the said tax rolls being prima facie evidence, as above stipulated, the deed or deeds executed by the Assessor and Collector of Taxes and made by him during the years 1890, 1891, 1892, 1893 and 1894, showing the sales made by him for said years of the property upon which the taxes are due, in accordance with the provisions of the Charter of the City of Houston in force during the last named years, shall also be prima facie evidence that the tax on the property is due and unpaid; that the facts stated in said deed are true, and that all of the prerequisites and re- quirements of the law were and have been complied with. Sec. 10. All taxes for any current year, except occupation tax and license tax, are hereby declared to become due and payable on the first day of each and every current year, and if not paid by the thirty- first day of December following, a penalty of ten per cent. upon amount of the tax due shall be added and paid, and interest shall be charged upon the gross amount of the tax and penalty due until paid, at the rate of six per cent. per annum, and in no case shall the City Council or any member of the City Council, or any other officer of the city extend the time for the payment of the taxes, nor shall any officer of the city remit, discount, or compromise any ‘tax legally due the city, nor shall any. person be elected Mayor or Alderman of the City of Houston or hold any position, office or employment thereunder who is in arrears, or due and owing to the City of Houston any sum of money for taxes or otherwise. . Sec. 11. The provision for suit to foreclose the tax lien herein cre- ated is but auxiliary to and cumulative of the city’s right to sell property delinquent for taxes without suit, as is hereafter provided. After said tax statements have been made out by the Assessor and City of Houston ° 33 Collector, or other officer designated therefor by the City Council, and after publication thereof as is herein specified in this article, it shall be the duty of the Assessor and Collector of Taxes of the City of Houston, or such other officer as may be provided for by ordinance, to give notice by publication made in a newspaper published in the City of Houston and having a general circulation therein, which pub- lication shall be made at least once a week for three consecutive weeks immediately preceding the sale, that he will sell at public out- cry in the City of Houston at such place as is designated in said notice each and every piece of property delinquent to the City of Houston for taxes at the time of said sale. Said property shall be sold by sep- arate sales or tracts to the highest bidder at said sale, but the right is hereby reserved to the City Council to confirm or refuse to con- firm said sales which shall be reported to it within three days there- after, and if said sales so made are not confirmed by the City Council, the money so paid to the Assessor and Collector shall be by him re- funded to the purchaser at said sale. Said sales may continue from day to day until all of the property so delinquent for taxes shall have: been sold. The said Tax Assessor and Collector, or such other officer as may be designated by the City Council, shall, after said sale is made, make a deed to the purchaser thereof, if sale is confirmed by the City Council, and in such deed he shall recite the fact of the delinquency of the tax, the amount of the tax due, the year or years for which due, the property against which the tax is assessed, the fact of the publica- tion of the delinquent tax roll as is herein set out, the fact of the pub- lication of the notice of sale, the amount bid, and the name of the pur- chaser. Such deed shall constitute a prima facie title to the property therein described, and said deed shall be prima facie evidence of the truth of all things therein recited, and the holder of said deed shall be considered the holder of a prima facie legal titie to said land against all persons whomsoever, and such deeds, when so executed for property sold as specified at said sales, shall pass to the purchaser all of the interest and title of the owner thereof, subject to redemption at any time within two years from the date of said sale, upon payment by the owner of the property so sold to the purchaser thereof, of double the amount of taxes, penalties and costs due on said property; provided, that should such sale be for any reason held invalid, the purchaser thereof shall nevertheless have a good and valid lien upon the property so sold for the amount of the taxes due thereon, and such purchaser shall be subrogated to all of the rights of the City of Houston, and shall have the right to foreclose such lien in any court of competent. jurisdiction within four years from the date of such sale. The City of Houston may bid at such sales, and may become the purchaser of any property sold thereat to the extent of the amount. of the taxes, interest, penalties and costs due on any particular piece of property, and the city shall further have the right, if said deed shall for any reason be held invalid, to maintain a suit to foreclose its tax lien on said property for the amount of taxes due thereon, at any time. A failure on the part of the City Assessor and Collector of Taxes, or such other officer or employee as may be designated by the City Council to prepare the delinquent tax roll, or to publish it for the re- quired length of time, or to furnish tax statements to the City At- torney, or a failure on the part of the city to file suits within the a4 ‘ Charter of the proper time for the collection of taxes due, shall in no wise,affect the liability of the delinquent taxpayer, nor shall it release the property upon which the tax is due from the operation of the lien, charge or incumbrance herein created, nor shall such failure of any officer or employee of the city in any manner or matter be relied on by way of defense, or be a defense against the payment or the enforcement of the payment by suit or otherwise of the taxes due the city. In cases where the State has instituted suit for taxes and where taxes are due the city on the same property for the same or other years, the city may have the right to intervene in said suit and have judgment for its taxes, to foreclose its lien for said taxes, and in cases where the city has first instituted suit for taxes, the State may have the same right to intervene with foreclosure of its lien. Sec. 12. Immediately after the first day of January in every year, it shall be the duty of the Assessor and Collector of Taxes, or such other officer or employee as may be designated by the City Council, to prepare a roll containing a description of all property described in the assessment rolls of the year just preceded, that is to say, the year ending on the thirty-first day of December preceding on which the taxes have not been paid. Said roll shall be called the DELINQUENT ROLL, and shall consist of so much of the said roll as will identify the property and show the amount of the tax due on the same. During the time that the City Assessor and Collector, or such other officer or employee of the city as may be designated by the City Council, shail be preparing and shall prepare the delinquent roll above described, he shall prepare separate statements of tax accounts due the city, to be furnished the City Attorney or other officer designated by the City Council, which statements shall contain a description of the property, the year for which the tax is due, the amount of the tax due, the rate of taxation, and the person or persons, estate, firm or corporation who assesses the same, and whether the property is rendered or unrendered, or Owner unknown, as appears on the tax roll, which statement the City Assessor and Collector, or such other officer or employee as may be designated by the City Council, shall certify to be correct, and which shall be prima facie evidence of the statement made therein, and that all the prerequisites and requirements of the law as to levying taxes and assessing and rendering property therefor, and as to all matters have been complied with, and the city shall be entitled to one dollar on each statement so made, which shall be taxed against the delinquent taxpayer of the property and against the property on which the tax is due, and in case of suit, to be taxed as a charge against the property, and the Assessor and Collector of Taxes, or other officer designated by the City Council, shall not issue any receipts to any delinquent tax- payer until said one dollar has been paid, except upon express written authorization in each individual instance by the City Council; provided, that when separate tracts of land and different kinds of property are assessed by the same person, firm, estate or corporation, that they shall be contained in the same statement. Said delinquent roll shall be finished and said statement furnished by the Assessor and Collector, or other officer, not later than the last day of February of each year. Said delinquent roll shall be published during the month of March following, or as soon thereafter as practicable, once a week for four consecutive weeks, in some newspaper published in the City of Hous- ton, and the Assessor and Collector, or other officer or employee des- City of Houston | BD ignated by the City Council, shall also be entitled to charge two dol- lars for advertising each tract of land separately assessed, which shall be taxed as a charge against the property on which the tax is due, and paid into the treasury of the City of Houston, and the Assessor and Collector, or such other officer or employee as may be designated by, the City Council, shall not issue any receipt to any delinquent taxpayer until the cost of advertising has been paid, unless upon the express authorization to do so by the City Council, which authoriza- tion shall be made in writing in each individual instance, and a failure to comply with these provisions by the Assessor and Collector of Taxes, or such other officer or employee as may be designated by the City Council, shall be deemed a malfeasance in office, and such officer shall be removed. It shall be the duty of the Assessor and Collector of Taxes, or other officer or employee as may be designated by the City Council, whenever written request is filed with him by the owner or agent of any particular piece of property for a statement of all taxes due on said piece of property to give to said person a written statement of all taxes due thereon for each and every year from and after the year 1875 up to and including the year for which the taxes are last due, and any person who pays the taxes due on said property upon the statement so rendered, if duly certified to by the Assessor and Col- lector as being all the taxes due thereon, shall not thereafter be required to pay, but shall be relieved from payment of any taxes due or claimed to be due on said property for any years prior to the time of filing said written request for a full statement of all the taxes due on said property. Sec. 13. The City Council may by resolution provide for advance payment, and may allow interest upon advance payment of taxes, at a rate not to exceed six per cent. per annum for the time intervening between the time of such payment and the time of the last payment, without interest or penalties, namely, the thirty-first day of Decem- ber of each year; provided, that no such resolution shall’ be passed, nor such interest allowed, except for the purpose of raising money to meet the current expenses of the city for legitimate purposes. Such resolution shall state the amount of money sought to be raised by this means, and when said amount has been received, the Assessor and Collector, or such other officer or-employee designated by the City Council, shall immediately notify the Mayor and City Council that the amount called for in the resolution has been received, and no one shall by authorization of the City Council, nor shall the City Council, pay interest on moneys subsequently paid in for taxes for that year. In re- ceiving moneys for taxes in ‘advance, under the resolution herein pro- vided for, the Assessor and Collector, or other officer or employe des- ignated by the City Council, shall allow the taxpayer to retain out of such payment the amount of the interest allowed thereon, and shall give his receipt for the whole amount, showing what amount is actually paid in and what sum is allowed as interest on such payment. Sec. 14. Any and all descriptions of real estate, blocks, outlots, lots, or any parts or fractions thereof, and of all personal property, and any and all dates, years, valuations, taxations, numbers, . quantities. or amounts contained in any assessment roll or sheet, land tax book, per- sonal tax book, or descriptions contained in any book or roll for the pur- poses of assessing property, shall be sufficient and valid when made or 36 “Charter of the stated in whole or part, in abbreviations or contractions of words, let- ters, characters or figures; and when so made or stated shall be deemed and held to be fully and fairly made and stated as though the same had been written out in full. No error or irregularity in any assessment roll, tax book, or other document relating to the levy, assessment, equali- zation or collection of the taxes of the city shall in any manner affect or impair the validity of any tax, or affect the proceedings for the col- lection thereof; but every such assessment shall be liberally construed to effect the purposes and objects of this article in determining the validity thereof. Sec. 15. Board of Appraisement—There shall be a Board of Appraise- ment in said city, which shall be composed of two Aldermen and the Assessor and Collector of Taxes, or such officer or employee designated by the City Council to perform the duties of-an Assessor and Collector of Taxes. The two aldermanic members of said board shall be appointed by the Mayor not later. ‘han the first day of May of each year, and said board shall as soon ar possible after the completion of all or any one of the assessment rolls Sy the Assessor and Collector, or other person designated therefor bz the City Council, meet and carefully examine said roll or rolls, and properly and equitably adjust and equalize the taxable values thereon thus continuing until they have adjusted and equalized the valuation on all property on said rolls, under such regu- lations aS may be prescribed by the City Council by ordinance, and after the completion of said work said board shall make due report of its action to the City Council. Said board, constituted as herein provided, shall continue for a period of one year, and shall be a standing committee to which all matters relative to taxes shall be referred. The members of said board shall not receive any further compensation or extra compensation by reason of their services as members of said Board of Appraisement, nor as members of said standing Committee on Taxes. In case of dissatisfaction with the decision of said Board of Ap- praisement by any taxpayer, an appeal from the decision of said Board of Appraisement may be had to the City Council of the City of Hous- ton, but such appeal must be by written petition, specifically stating the things complained of, and by the dissatisfied taxpayer be filed with the City Secretary before the expiration of thirty days after said board has finaJly examined and passed upon the delinquent rolls of said city and made Its final report to the Mayor and City Council, as herein provided. Th% decision of the City Council in all cases of appeal from the decision vf the Board of Appraisement shall be final and binding, and no appeal shall be allowed from the decision of the City Council. Said Board of Appraisement shall finish and conclude its labors within not less than sixty days, and in no event shall it file its final report with the Mayor and City Council later than the fifteenth day of June of each year. It shall be the duty of the Board of Appraisement to mail a postal card ta each property owner, the valuation of whose property the board proposes to raise or increase, notifying him to appear before it and show cause why said valuation should not be increased as pro- posed, but the failure on the part of any property owner whose prop- erty may be increased in value by the Board of Appraisement to receive City of Houston 37 written notice of the proposed increase shall in no wise invalidate or affect the action of said Board of Appraisement in increasing the valu- ation of said property, but it shall be presumed that the notice was sent as provided for herein. ARTICLE IV. Section 1. Authority to Issue Bonds—The City Council shall have the power and authority by ordinance duly passed, if it so elects, to borrow money on the credit of the city for permanent improvements, to an amount not to exceed one hundred thousand dollars ($100,000.00) in any one year, and may issue bonds of the city therefor. It may also have the power, and is hereby expressly authorized, to issue bonds for the purpose of refunding bonds of the city of previous issues; provided, the bonds may be refunded at a lower rate of interest than the bonds proposed to be retired draw. No bonds shall be issued for any purpose except for the purpose of making permanent improvements, which shall not exceed one hun- dred thousand dollars «&$100,000.00) in any one year, and for the pur- pose of refunding bonds of the city of previous issues, unless an elec- tion ke duly ordered by the Mayor and City Council, and if at said election a majority of the vote polled shall be in favor of creating such debt, it shall be lawful for the City Council to make the issuance of bonds as proposed in the ordinance submitting the same at the election so held, but if a majority of the vote polled shall be against the creating of such debt it shall be unlawful for the City Council to issue the bonds. In all elections to determine the expenditure of money or the as- sumption of debt, only those shall be qualified to vote who pay taxes on property in said city, and are legally qualified voters in said City of Houston; provided that no poll tax for the payment of debts thus in- curred shall be levied upon the persons debarred from voting in rela- tion thereto. No bonds shall be issued drawing more than five per cent. interest per annum, and they shall be invalid if sold for less than par and accrued interest, and all bonds shall express upon their face the pur- pose for which they are issued. The ordinance authorizing any bonds to be issued shall provide for the creation of a sinking fund sufficient to pay the bonds at maturity, and make provision for the payment of the interest thereon as it ma- tures, and said sinking fund shall be invested in bonds of the State of Texas, or in the bonds issued by counties in the State of Texas, or in bonds of the United States, or such funds may be used for the purchase of the bonds of the City of Houston which are not yet due, and neither interest nor sinking fund shall be devoted to any other purpose what- soever. Any officer of the city who shall wilfully or knowingly divert or use said fund for any other purpose except that for which the fund is created, or herein expressly authorized to be invested, shall be deemed guilty of a felony, and subject to prosecution as provided under the general laws of the State for the diversion and conversion of funds belonging to any of the municipalities of said State. 38 Charter of the Sec. 2. Bayou—Power is hereby given the City Council of the City of Houston to secure land between Houston and Harrisburg, along the banks of Buffalo Bayou, by purchase, condemnation or by gift, for the improvement of Buffalo Bayou by the United States, or by the City of Houston, and for this purpose it may by ordinance extend the corporate limits of said city from its present eastern limits eastwardly in a general direction with Buffalo Bayou, from bank to bank, as same is now con- structed or exists, or as same may be ordered constructed by the govern- ment engineers in charge of said work, provided that the city shall have no right to tax the property over which such boundaries are so extended, unless such property be within the line and within the limits of the general city boundaries or limits. To effect a condemnation the same proceedings shall be taken and the same statutes shall govern, so far as applicable, as obtain and apply to the condemnation of lands by railway companies under the general stat- utes of the State of Texas. Sec. 3. Fees—wWithin its corporate limits, the City of Houston shall be the local agent of the State government for the enforcement of the State laws, in all cases wherein the Corporation Court of the City of Houston ‘has jurisdiction, and all fines or penalties imj%sed by said court, in- cluding all costs incident thereto, and assessed against the parties so fined, are by this act declared to be due and owing to, and shall be payable to the City of Houston, and in all cases where fees are allowed the officers making the arrest, or the attorneys prosecuting said causes in said Corporation Court, said fees shall be payable to, and shall hereby become due and owing to the City of Houston. And the City of Houston shall by ordinance prescribe that no officer or employee in the service of the City of Houston shall receive any fees, rewards or perquisites accruing from any service performed in any manner whatsoever, whether authorized by the general laws of the State or otherwise, but in addition may prescribe by ordinance that said fees, which may be collectible by said officers under the State law, shall become the property of, and shall be payable to the City of Houston, and a failure on the part of any officer or employee to collect said fees when collectible, and to pay the same over to the City of Houston, shall be deemed a malfeasance in office, and said officer shall be removed. Sec.4. Sidewalks—The City of Houston may by appropriate penal ordinance compel the construction and laying of sidewalks by property owners in front of or abutting on their land, or property, and may pre- scribe the character of such sidewalk, and the manner in which it shall be laid. Should any person or corporation owning land in the City of Houston fail or refuse to construct sidewalks in front of or abutting on their property, in accordance with the ordinance passed by the City of Houston, in addition to the penalty, provided for herein, the City of Houston shall have the right to have said sidewalk constructed in accord- ance with such ordinance at the expense of the abutting property owner, and may recover a personal judgment in any court having jurisdiction of. the amount, for the costs and expense in constructing said sidewalks, with 10 per cent. additional for attorney’s fees. The Council may also, by ordinance, provide that the city shall not pave with. brick, asphalt, stone or gravel, any street unless and until the owners of abutting prop- erty shall previously lay in the manner as may be prescribed by the city a curb and sidewalk thereon. City of Houston 39 Sec. 5. Vestibule Cars—The City Council may, by ordinance, duly passed, require any street car company operating its lines or cars within or into the City of Houston, to equip its cars with vestibules of such pattern and style and during such period of the year, as may be pre- scribed by ordinance. The city shall also have the right and power, by ordinance duly passed, to require any street railway company operating its cars or lines within the limits of the City of Houston, to equip its cars with fenders of such style, design or pattern, as may be prescribed by the City Council, and to . run closed cars in the months of December, January and February of each year. ARTICLE !V (a). Street Improvements. Section 1. The term “improvements” as embraced in this article shall include the improvement of any street, avenue, alley, highway, public place or square or boulevard, or any portion thereof, within the city, by filling, grading, raising or paving or repaving the same with any perma- nent and durable materials, or by the construction, reconstruction or repair of curbs and gutters, and shall also include the laying out, opening, widening, narrowing, straightening or otherwise establishing, defining or locating any street, avenue, alley, square, public place or sidewalk. Sec. 2. The term “highway” wherever used in this article, shall in- clude any street, avenue, alley, public place, square or boulevard dedicated to public use, or portion thereof. Sec. 3. Apportionment of Cost of Street Improvements—Subject to the terms hereof the cost of improving any highway or portion thereof, except the street intersections, which cost shall always be borne by the City of Houston, may be paid wholly by the City of Houston, or partly by the city and partly by the railroad company that may occupy such street and the owners of property abutting thereon, or wholly by the railway thereon and the owners of the property abutting thereon, and a portion not less than two-thirds, or the whole of the said cost of constructing such im- provements may be assessed against said street railroads and owners and their property as the Council may provide; provided, that the petition or petitions hereinafter mentioned shall be first filed with the City Council, or the Council itself shall initiate and order the improvement of any high- way or portion thereof under the terms and conditions of this Charter. (As amended, 1913.) Sec. 3. Subject to the terms hereof the cost of improving any highway, or portion thereof, may be paid wholly by the city, or the cost of such improve- ment may be paid partly by the city and partly by the owners of property abutting thereon, and a portion of the said cost assessed against said owners and their property; provided, that the petition or petitions hereinafter men- tioned shall be first filed with the City Council; and provided, that not more than two-thirds of the cost of any improvement, except for the construction of curbs, shall be assessed against such owners or their property, but the whole cost of constructing curbs in front of any property may be assessed against the owners thereof and said property. (Amended; see next preceding section.) Sec. 4. The City Council shall have power to assess against the owner of any steam railroad or street railway occupying any highway ordered to be improved, the whole cost of such improvement, between and under 40 Charter of the its rails, tracks or switches, and twelve inches on the outside of the rails, and shall have power, by ordinance, to levy a special tax for the purpose of paying said cost, upon said railroad or street railway, its roadbed, ties, rails, fixtures, property, rights and franchises, which tax shall constitute a lien thereon superior to any other liens, claims or titles, except lawful taxes. Said tax and lien may be enforced either by the sale of said property in the manner and by the officers prescribed by law for the sale of property by the city, for ad valorem taxes, or by suit in any - court having jurisdiction. The ordinance levying said tax shall prescribe when it.shall become due and delinquent. Said tax shall bear interest from its due date at the rate of 6 per cent per annum, and if not paid within thirty days from the said date a penalty of 10 per cent thereon shall accrue and be recoverable. Sec.4a. Price Lists of Paving to Be Filed by Contractors—As soon after the taking effect of this amendment as may be practicable the City Council may by resolution provide that all persons, firms or corporations offering to pave or improve any highways in the City of Houston shall file with the City Secretary a list stating the kind or kinds of pavements laid by them, the kind or kinds of materials used, and a list of the unit prices at which they propose to furnish or lay such pavement, and the Council shall cause a list of same to be made by the City Secretary; pro- vided, that the said list may be by the Council changed from time to time by resolution as conditions may suggest or require, and said list shall be filed in the City Secretary’s office and subject to inspection at all times, and no bid shall be accepted, should any pavements be advertised for, which is in excess of the price so filed with the Council, and any change in unit price desired to be made by any person, firm-or corporation shall be made and filed at least 30 days before any advertisement for bids. (Added by amendment, 1913.) Sec.5. Petitions for Street Improvements and the Action to Be Taken Thereon—Whenever the owners of 51 per cent. of the front feet of property abutting upon any highway, or portion thereof, proposed to be improved, shall, in writing, petition the City Council to make improve- ments thereon, and shall generally designate the nature of the proposed improvements, and the limits’ within which the same are to be con- structed, the kinds of pavement that may be constructed and the material or materials to be used in such pavement; and said petition shall author- ize the City Council to select from the pavements and materials named in said petition such of same as the City Council may conclude to adopt, and shall agree to pay the whole cost of constructing curbs, if any, and shall stipulate the portion of the cost of the other improvements in front of the property of such petitioning owners abutting the said highway named to be improved, exclusive of the portion thereof payable by the owners of railroads and street railways, or paved by them or it under orders of the City Council, to be not less than two-thirds thereof to be paid by peti- tioners, who shall expressly agree to pay the same; the City Council shall receive said petition or petitions and cause the same to be filed, and said petition or petitions shall remain on file with said Council not less than five days before the date fixed by it for acting upon said petition, and the City Council shall publish in some newspaper of general circula- tion in the City of Houston a notice to the effect that a petition for the improvement of such highway or portion thereof has been filed with the said Council and will be acted on by the Council-on the day and at the City of Houston 41 time and place mentioned in the said notice, and thereat the City Council shall consider the said petition and shall hear any objections thereto which may be made by any owner of property abutting the proposed im- provement, or any party interested therein, and shall examine into the regularity of the said petition and the genuineness of the signatures thereto, and if the said petition, or petitions, are found by the City Council to be in due form, and that the signatures thereto are genuine, and that the owners of at least 51 per cent of the front feet of property abutting upon the said improvement have signed the same, and if in the judgment of the City Council, under all the circumstances, including the portion of the cost agreed to be paid by petitioners, the making of such improvement is for the public good, and that the same ought to be made, and if there shall be a fund legally available out of which the city’s portion of the cost of the proposed improvements can be appropriated, the City Council shall by resolution so declare, and shall order the making of such improvements, and shall direct the City Engineer to prepare plans and specifications for the proposed improvements of the various kinds of pavement and materials named in said petition or petitions and present the same to the City Council for its approval. And the passage of such resolution shall be conclusive of the regularity and legality of such. petition or petitions, and the public necessity and general benefit of such improvements; provided, such petitions may stipulate the maximum cost per cubic or square yard of such improvements, or front foot of abutting ' property, at which the work of constructing the said improvements shall be let; and no contract shall be let at a greater cost than is thus stipu- lated. (As amended, 1913.) Sec. 5. Whenever the owners of two-thirds of the front feet of property abutting upon any highway, or portion thereof, proposed to be improved, shall, in writing, petition the City Council to make improvements thereon, and shall generally designate the nature of the proposed improvements, and the limits within which the same are to be constructed, the kind of pavement to be con- structed and the material or materials to be used in such petition or petitions, agree to pay the whole cost of constructing curbs (if any), and two-thirds of the cost of other improvements in front of the property of such petitioning owners abutting upon the said highway named to be improved, exclusive of the portion thereof payable by owners of railroads and street railways, the City Council shall receive said petition or petitions and cause the same to be filed, and said petition or petitions shall remain on file with said Couneil not less than five days before the date fixed by it for acting upon the said peti- tion, publish in some newspaper of general circulation in the City of Houston, a notice to the effect that a petition for the improvement of such highway, or portion thereof, has been filed with the said Council and will be acted on by the Council on the day and at the time and place mentioned in the said notice, the City Council shall consider the said petition and shall hear any objections thereto which may be made by any owner of property abutting the proposed improvement, or any party interested therein, and shall examine into the regularity of said petition and the genuineness of the signatures thereto, and if the said petition, or petitions, are found by the City Council to be in due form, and that the signatures thereto are genuine, and that the owners of at least two-thirds. of the front feet of property abutting upon said improvement have signed the same, the Council shall, by resolution, so declare and shall order the making of such improvements, and the passage of such resolution shall be conclusive of the regularity and legality of such peti- tion, or petitions, and the public necessity and general benefit of such im- provements; provided, the Council shall refuse to grant said petition, or peti- tions, if there shall be no fund legally available out of which the city’s por- tion of the cost of the proposed improvements can be appropriated. Said resolution shall direct the construction of the kind of pavement specified in said petition, and of the other improvements therein described, and the use of the materials therein designated; provided, such petitions may stipulate the maximum cost per cubic or square yard of such improvements, or front foot of abutting property, at which the work of constructing the said im- provements shall be let; and no contract shall be let for a greater cost than is thus stipulated. (Amended; see next preceding section.) ‘ 42 Charter of the 6 Sec. 5a. Street Improvements Initiated by Council and Subsequent Proce- dure—Whenever the City Council of the City of Houston shall decide to -initiate the improvement of any highway it shall by resolution declare that such highway shall be improved, either partly or wholly at the cost of the abutting property owners and steam railroads and street railways occupying parts of the same as is provided in Sections 3 and 5 of Article TVa, the Council shall also by resolution require the City Engineer to prepare and file with the City Council, as is provided in Section 6, com- plete specifications for the proposed improvements, together with a written statement which shall contain the names of the persons, firms, corporations and estates owning. property abutting on the highway or portion thereof to be improved, with the number of front feet owned by each and the description. of their property either by lot or block number or in any other manner sufficient to identify it, and when the same shall have been prepared the City Council shall by resolution order a hearing to be given before the City Council to such owners, their agents or attor- neys, and set a time and place for the same, which shall be not less than ten days from and after the passage of such resolution, a notice of which shall be given by publication in some daily newspaper of general circula- tion in the City of Houston, not less than three times before the date set forth for the said hearing, the first publication to be not less than ten days prior to the date of said hearing, and shall also give notice of said hearing by posting copies of said notice in the postoffice in Houston, Texas, by registered mail, addressed to said property owners, if their address be known, but if not known, then to their agents or attorneys, if known. Said notices shall be posted not less than ten days prior to the date of the hearing, and unless at said hearing the owners of more than forty-nine per cent. of the front feet of property abutting on the highway or portion thereof proposed to be improved shall in open council register their objections thereto, which with the names of the objectors shall be entered by the Secretary in the minutes of the meeting, the City Council may after the conclusion of said hearing order the making of said im- provements, and shall determine and fix the cost of the improvement which is to be paid by the abutting owners, to be not less than the whole cost of constructing curbs and not less than two-thirds of the cost of other improvements in front of the property of the abutting owners, exclusive of the portion thereof payable by or to be done by street and steam rail- ways, and proceed therewith as is elsewhere provided in this Article; provided, that if there shall be no funds legally available out of which the city’s portion of the cost of improvement can be appropriated, the making of such improvement shall not be ordered. (Added by amend- ment, 1913.) Sec. 6. Specifications, Advertisements, Bids and Constracts for Street Improvements—When said resolution provided for in Sections 5 and 5a has been adopted, the City Engineer shall forthwith prepare and file with the City Council complete specifications for the proposed improvements, so prepared as to permit, if desired by the Council, the securing of bids for any portion of said improvements separately from the other portions, which said specifications shall be examined, and if found correct, be approved by the City Council. When said specifications have been ap- proved the City Council shall cause advertisement to be made for com- petitive bids for the construction of said improvements of each of the pavements and materials named in the petition or petitions, or resolu- tion of the Council provided for in Section 5a, such advertisements to be City of Houston 43 made in the manner and for the length of time required by the other pro- visions of this Charter, and when bids have been received and opened and the Charter requirements with reference to the acceptance and consider- ation of bids have been complied with, the City Council shall adopt the pavements and materials to be used in the construction of said im- provements, including that portion of the street occupied by and charge- able to a steam railroad or street railway, and shall have the power to con- tract for the construction of said improvements, and to cause the same to be constructed; provided, that the City Council is expressly authorized to adopt and provide for that portion of such street occupied and paid for by any steam railroad or street railway such material or kind of pave- ment as the City Council may deem suitable for that purpose, whether it be the same materials and pavements adopted for the balance of the street or not. And said City Council shall cause to be executed a contract in writing between the city and the contractor or contractors to whom the work may be let, providing for the construction thereof in accordance with said specifications, which contract shall be approved by the Council _ and signed by the Mayor and countersigned by the Controller under the impress of the corporate seal. At or prior to thé execution of said con- tract or contracts the Council shall appropriate from said legally available fund of the city a sum sufficient to pay the portion of the cost of said improvement payable by it, which sum when appropriated shall be used for that purpose only. The City Council shall have power to require the contractor to whom the work may be let to enter into such bonds as may be required by it for the faithful performance of the contract, and also a bond conditioned for the maintenance of said improvements in good repair and condition at the cost of the contractor for a period of not less than five years from the completion thereof. Said bonds, if required, shall be executed by the con- tractor or contractors with one corporate surety authorized to do business in Texas. (As amended, 1913.) Sec. 6G. When said resolution has been adopted, the City Engineer shall forthwith prepare and file with the City Council complete specifications for the proposed improvements, which shall be examined and, if found correct, be approved by the Council. When said specifications have been approved the City Council shall have power to contract for the construction of said im- provements, and to cause same to be constructed, and shall cause to be exe- euted a contract in writing between the city and the contractor to whom the work may be let, providing for the construction thereof in accordance with said specifications; which contract shall be approved by the Council and signed by the Mayor and countersigned by the Comptroller under the impress of the corporate seal. At or prior to the time of the execution of said con- tract the Council shall appropriate from said legally available fund of the city a sum sufficient to pay the portion of the cost of said improvement pay- able by it, which sum, when so appropriated, shall be used for that purpose only. The City Council shall have power to require the contractor to whom the work may be let, to enter into such bonds as may be required by it for the faithful performance of the contract; and also a bond conditioned for the maintenance of said improvements in good repair and condition at the cost of the contractor for a period of not more than five years from the comple- tion thereof. Said bonds, if required, shall be executed by the contractor with one corporate surety authorized to do business in Texas. (Amended; see next preceding section.) Sec. 7. When said contract has been executed, the City Engineer shall at once prepare and file with the Council a written statement, which shall contain the names of the persons, firms, corporations or estates owning property abutting on the highway, or portion thereof, to be improved, with the number of front feet owned by each, and a descrip- tion of their property, either by lot or block number, or in any other 44 Charter of the manner sufficient to identify it. Said statement shall also contain the estimated total cost of the whole improvement, and the estimated cost per front foot of abutting property proposed to be assessed against owners thereof. Said statement shall be examined by the City Council, and any errors or mistakes therein corrected, but no error or mistake in said statement shall invalidate any proceeding had or assessment made under the terms of this Article. Upon approval of said statement by the Coun- cil it shall so declare by resolution. Said resolution shall order a hearing to be given before the City Council to said owners, their agents or attor- neys, and seta time and place for the same; at which hearing an oppor- tunity shall be given to said owners, or any party interested, to be heard concerning the special benefits, if any, to said property by means of said improvements, or concerning any error or invalidity in any proceeding with reference thereto, or concerning any matter or thing connected therewith, and said resolution shall direct the City Secretary, or such other officer of the city as may be designated by the Council, to give notice of said hearing by publishing a copy of said resolution in some daily paper of general circulation in the City of Houston, noi tess than | three times before the date set forth for said hearing, the first publication to be not less than ten (10) days prior to the day of said hearing. The said notice shall also contain a general statement of the nature of the proposed improvements, and the limits within which same are to be con- structed, and a statement of the amount per front foot of property abut- ting on said improvement which it is proposed to assess against owners thereof, The City Secretary, or officer designated by said resolution, shall publish said notice as herein provided, and shall also give notice of said hearing by posting copies of said notice in the postoffice in Houston, Texas, by registered mail, addressed to said property owners, if their address be known, but if unknown, then to their agents or attorneys, if known. Said notices shall be posted not less than ten days prior to the date of the hearing. But said notice by posting shall be only cumulative of and in addition to the notice herein provided to be given by advertisement, which shall be sufficient and valid without any further notice. At the time and place named in the said resolution and notice, said property owners, their agents and attorneys, shall receive a full and fair hearing before the City Council as to the special benefits, if any, of said proposed improvements to their property, and as to any error or invalidity in any proceeding with reference to said improvements, or any objection to said assessment, or any matter in connection therewith, and shall be entitled to subpoena witnesses and produce testimony. Said hearing shall be kept open and adjourned from day to day and time to time until all protests shall have been duly heard. Upon conclusion of the said hearing the City Council shall determine from the evidence before it the amount, if any, to be assessed against each property owner and their property, but no assessment shall be made against any property owner or their property in excess of the actual benefits to said property in the enhanced value thereof by means of said improvement, nor until after the said notice and hearing. The City Council shall have full power to inquire into and determine all facts necessary to the adjudication of any objection made to said proposed assessment, and to ascertain said benefits, and shall render such judg- ment and order in each case as shall be just and proper. Any objection to the said assessment or to the validity of any proceeding with reference Caty of, Houston. 2". 45 to the said improvement, shall be filed with the Council in writing before said hearing is closed, and shall be deemed waived unless so filed. Sec. 8. At any time within ten days after the closing of said hearing anyone having an interest in property subject to assessment in any pro- ceeding hereunder, or who may be subject to a personal liability for a part of the cost of improvements ordered by said Council, may institute suit in any court of competent jurisdiction to contest the validity in whole or in part of said assessment, or lien or personal liability fixed by said proceedings, or the validity or regularity of any of said proceedings. . Any person who shall fail to institute such suit within said ten days, or to dili- gently prosecute the same to final judgment, shall be forever barred from contesting in any other proceedings, and said assessment, lien or personal liability, or the validity of any proceedings with reference to said im- provement, and.this bar and estoppel shall bind the heirs, assigns, suc- cessors or personal representatives of such persons. Whenever any such suit shall be brought, the work of constructing the improvement may be suspended at the election of either the city or the contractor to whom the work may be let, until the final determination of such suit. Any appeal or writ of error shall be perfected within thirty days after the adjournment of the term of court of original jurisdiction in which final judgment was rendered therein, and no appeal or writ of error shall thereafter be taken out or perfected by either party. Such suits shall be entitled to precedence in all courts of the State, and shall be heard as soon as practicable, and any party thereto may move for an early hearing. The City of Houston and the contractor, or contractors, to whom the work of constructing said improvements may have been let, shall be parties defendant to such suits with other proper parties. Sec.9. When the hearing above mentioned has been concluded, the City Council shall by ordinance assess against the several owners of the property abutting upon the highway, or portion thereof ordered to be improved, and against their property, such proportionate part of the cost of the improvement as may have been adjudged against them, respectively. The portion of said cost assessed against any such owner or his property, together with reasonable attorney’s fees and costs of collection when in- curred, shall constitute a personal liability of said owner and a first and prior lien upon said property, superior to all other liens, claims or titles, except for lawful ad valorem taxes. Such ordinance shall fix and declare said lien and liability and shall state the time and manner of payment of said assessments. The City Council shall have power to provide that said assessments shall be payable in installments, not, however, exceeding five, the last payable not exceeding four years from the completion and acceptance by the city of the improvement. Deferred payments shall bear interest at the rate of not exceeding 8 per cent. per annum, as may be prescribed by said ordinance, but any person against whom such assessment may be made shall have the right to pay any or all of said deferred payments before maturity upon payment of principal and accrued interest. Said ordinance shall provide that default in the payment, when due, of any installment of principal or interest upon said assessment, shall mature the whole thereof. The fact that more than one parcel of land, the property of one owner or of two or more persons, have been assessed 46 Charter of the together shall not invalidate the same, or any claim of personal liability thereunder. The lien and personal liability fixed by said assessment shall be enforced, together with cost of collection and reasonable attor- ney’s fees, if incurred, either by suit in any court having jurisdiction, or by sale of the property assessed, in the same manner as far as applicable and by the same officers as provided by law for sales of real estate by the City of Houston for delinquent city ad. valorem taxes, provided that it shall not be necessary to make said sales at the same time provided for such tax sales. The recital in any deed given by any officer making such sale, under the terms thereof, that all things prerequisite to the validity of said sale have been done or performed, shall be prima facie evidence of the facts so stated and no other evidence thereof shall be required. The portion of the cost of an improvement determined by thé Council to be payable by the owners of property abutting thereon, shall be appor- tioned between them in accordance with the front foot plan or rule, in proportion as the frontage of each owner is to the whole frontage to be improved; provided, that if in individual cases the Council shall deter- mine that the strict application of this rule would result in injustice or inequality, then the said Council shall adopt such rule of apportionment as will produce substantial equality among said owners, considering burdens imposed upon and benefits received by them. Said ordinance of assessment may contain any such other provisions not inconsistent here- with. Any error or omission in describing property or in designating owners, or any other error or mistake, may be corrected at any time by said Council or at the suit of any interested party. It shall be the duty of the Council to provide for the enforcement and collection of said assessments, and it shall have power to pass any ordi- nance or resolution for this purpose. ; Sec. 10. When the Council has reason to believe that the owner of any property may successfully claim the same as exempt from special assess- ment, it may order that the improvement be not made in front of such property unless said owner shall first satisfactorily secure the payment of the portion of the cost of the improvement determined to be payable by him. And whenever a part of the said cost is payable by the owner of such exempt property, and it is provided in the proceedings or contract with reference to the improvement that the contractor is to look to the owners of abutting property and their property for the payment of such part of said cost, the contractor to whom the work shall be let shall not be required to construct the improvement in front of any such exempt property until first satisfactorily secured in the payment of the amount payable by the owners of such exempt property. And the failure to con- struct such improvements in front of such exempt property shall not in- validate the lien or personal liability fixed by said ordinance of assessment against any other property abutting on the highway improved, or the owner thereof. Sec. 11. Whenever any error or mistake shall occur in any proceeding under this Article, it shall be the duty of the City Council to correct same; and whenever, for any reason, it shall appear that any assessment or claim for personal liability fixed or attempted to be fixed against any property or its owner hereunder is unenforceable on account of any error or invalidity in any of said proceedings, or the assessment of any property City of Houston 47 has been by error omitted, the City Council shall have power and it shall be its duty at any time to reassess against said property and its then owner the amount determined to be properly payable by said owner after notice to and hearing of said owner in the manner hereinbefore provided. But no reassessment shall be made against any property in any amount in excess of special benefits thereto in enhanced value thereof by means of the improvement. Sec.12. The passage by the City Council of a resolution directing the improvement of any highway, or part thereof, shall operate as notice thereof and of the assessment and lien thereafter fixed upon property © abutting said highway, as against all creditors or owners of such property and purchasers thereof, and the lien fixed by said assessment shall, with- out further proceeding or record, relate back to said resolution and be effective against said purchasers or creditors. ? Sec.13. The City Council shall have full power, and it shall be its duty, to adopt any ordinance or resolution and to do all things which may be necessary or proper, and not inconsistent with this Article, to carry into effect every provision thereof. Sec. 14. The City Council shall have the power to authorize the issuance by the city to the contractor constructing any improvement, of assignable certificates against property abutting such improvement and its owner, or against the owners of steam railroads.or street railways whose tracks occupy the highway improved, and against their property, and shall pre- scribe the form of such certificates. The recital in such certificates that the proceedings with reference to the improvements therein referred to have been regularly had in compliance with the Charter of the City of Houston, and that all prerequisites to the fixing of the lien and personal liability evidenced by said certificates have been performed, shall be prima facie evidence of the facts so recited and no other proof thereof shall be required; but in all courts the said proceedings and prerequisites shall, without further proof, be presumed. Such certificates shall be signed by the Mayor and attested by the Controller with the impress of .the cor- porate seal. Sec. 15. The Council may provide that contractors to whom the work of improvement may beslet shall look only to the owners of abutting property and their property and to the lien and liability against the same fixed by the city for the payment of that portion of the cost of improve- - ments payable by said owners and assessed against them and their prop- erty, and in such event the city shall not be responsible or liable for such portion of the cost of improvement. Sec. 16. The powers granted by this Article and the procedure therein provided shall be cumulative of and in addition to the powers granted and procedure provided for in the present Charter of the City of Houston with reference to street improvements and contracts therefor. Sec. 17. The benefit of this act shall apply to the City of Houston and the terms thereof shall extend to said city when the City Council shall submit the question of the adoption or rejection of this amendment to a vote of the resident property taxpayers who are qualified voters of said city at a special election called for that purpose by said City Council, if the same be adopted at the election. Said election shall be held in com- 48 Charter of the pliance with the law governing regular city elections in said city; but City Council is empowered to order said election and prescribe the time and manner of holding the same, and shall canvass and determine the results of said election, and if a majority of the voters voting upon the question of this amendment at said election shall vote to adopt the same, the result of the election shall be entered upon its minutes by the City Council and thereupon all the terms hereof shall be applicable to and govern said City of Houston. A certified copy of said minutes shall be prima facie evidence of the result of the election and the regularity thereof, and the facts therein recited shall, in all courts, be accepted as true. When this act has been adopted by the City of Houston, the Mayor and Council thereof shall have the power to pass all ordinances or resolutions necessary to give full force and effect thereto and to every part thereof. Sec. 18. That the near approach of the present session of the Legisla- ture and its short duration and the imperative necessity of the immediate improvement of the highways of the City of Houston, and the fact that the present Charter of the City of Houston contains no adequate provision for such improvements, create an imperative public necessity demanding the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is so suspended and creates an emergency requiring that this act take effect from and after its passage; and it is so enacted. ¢ ARTICLE V. Section1. Elective Officers—The administration of the business affairs of the City of Houston shall be conducted by a Mayor and four Aldermen, who, together, shall be known and designated as the City Council, each and all of whom shall be elected by the qualified voters of the city at large, and who shall hold their respective offices for two years from and after the next city election, or until their successors are elected and quali- fied, unless sooner removed, as is provided by this act; provided, however, that all of the present officers of the City of Houston, who were elected at a city election held in said city on the fourth day of April, A. D. 1904, ‘pursuant to the provisions of an act passed by the Twenty-eighth Legis- lature of the State of Texas, entitled: “An act to provide a charter for the City of Houston, Harris County, Texas, repealing all laws or parts of laws in conflict herewith, and declaring an emergency”; except the Mayor, Aldermen and City Attorney, shall hold their respective offices, unless sooner removed by the Mayor for cause, and receive the compensation now fixed therefor; until the expiration of two years from and after the date of their election on the fourth day of April, 1904, and qualification thereunder. Compensation of all officers, except the Mayor and Aldermen, shall be fixed by the City Council, which may increase or diminish the same at will, or abolish entirely any office, at’ any time, except as to the officers above mentioned, and until their two years’ term of office expires. In case a primary election is held pursuant to the call or under the direction of any political party, or of any association of individuals for the nomination of candidates for the offices of Mayor and Aldermen, the candidates or persons voted for in said primary election shall be voted for at large by all of the legally qualified voters in said city, it being the City of Houston AQ purpose of this act to nominate and elect at large in said city the Mayor and Aldermen, without restricting the nomination of candidates for either position to any smaller designated territory within the limits of said city, and any primary election held for the purpose of nominating candidates who shall stand for election at a city election in said city at which said primary the candidates for Mayor and Aldermen are not voted for, as herein provided, shall be absolutely illegal, and no person so nominated at said primary election shall be eligible to election at a general election, nor shall he hold any office if elected thereto after nomination in a pri- mary wherein the voters at large in said city did not participate in said primary election. Sec. 2. Appointive Officers—The Mayor shall have power to appoint, subject to confirmation by the City Council, such heads of departments in the administrative service of the city as may be created by ordinance, and shall have power to appoint and remove all officers or employees in the service of the city for cause, whenever in his judgment the public interests demand or will be better subserved thereby; and no officer whose office is created by ordinance shall hold the same for any fixed term, but shall always be subject to removal by the Mayor or may be removed by the City Council. In case of such removal, if the officer or employee so removed requests it, the Mayor or City Council, as the case may be, shall file in the public archives of the city a written statement of the reason for which the removal was made. Sec. 3. Commissioners—The four Aldermen or Commissioners to be elected at the regular city election shall be designated and denominated as follows: No. 1—Tax and Land Commissioner. No. 2—Fire Commissioner. No. 3—Street and Bridge Commissioner. No. 4—Water Commissioner. . In primary nominating or regular elections each candidate shall desig- nate the position for which he is a candidate and shall have his name placed on the official ballot as a candidate for the particular position which he seeks, and each voter shall vote for only one candidate for each position whether in nominating primary or regular election, unless the voting be by preferential ballot, in which event they shall vote for them as prescribed by ordinance. That such Aldermen, in addition to the duties indicated by the above positions and as provided in this Charter, shall perform any and all other and further duties as are now or may hereafter be required by ordinance or resolution. (Added by amendment, 1913.) Sec.4. Compensation of Employees—There is hereby established as a minimum wage for all of the day laborers of the City of Houston the sum of two dollars per calendar day of eight hours during which they shall work, and. it shall be unlawful for any officer, agent or employee of the City of Houston to require or permit any day laborer of the City of Hous- ton to perform work for the city for a less wage than two dollars per calendar day for each and every day during which he shall: be so em- ployed or performing work for the City of Houston. Provided further, that should any such laborer be required or permitted in the case of an emergency to work more than eight hours in any one calendar day he 50 Charter of the shall be paid for all time over said eight hours on the basis of eight hours constituting a day’s work. (Added by amendment, 1913.) Sec.4a. Provisions for Primary Elections for the Nomination of Elec- tive Officers by the Preferential Ballot—The City Council shall pass all necessary ordinances providing for and requiring the nomination of all candidates of any political party for elective officers in the City of Houston by preferential ballot substantially in accordance with the follow- ing, viz: (a) Form of Ballot—The executive committee of any such political party shall cause the ballots to be printed, etc., as provided by law. The ballots shall contain a complete list of the offices to be filled and the names of the candidates of such political party therefor. When the number of candidates is more than three times the number of offices to be filled the form of the ballot shall be substantially as follows: It shall be designated ‘official ballot.” Underneath this shall appear the follow- ing: —— (name of political party) primary for the nomination of elective officers. bie (b) Instructions to Voters—To vote for any candidate place a Cross (X) mark with ink in a blank space opposite the name of the candidate for whom you desire to vote. If you wrongly mark, tear or deface this ballot, return it to the judges of election and obtain another. Do not vote more than one choice for any candidate, as only one choice will be counted. Vote as many third choices as you wish. Vote your first choice in the first column. Vote your second choice in the second column. ' Vote in the third column for all the other candidates whom you wish to support. (Suggested form for ballot without heads and instruction.) ONE MAYOR TO BE NOMINATED. First Second Third Mayor— Choice Choice Choice (Names of Candidates) FOUR ALDERMEN OR COMMISSIONERS TO BE NOMINATED. First Second Third ' Alderman— Choice Choice Choice sels ‘ Tax and Land Commissioner— (Names of Candidates) First Second Third Alderman— Choice Choice Choice No. 2. | Fire Commissioner— (Names of Candidates) First Second Third Alderman— Choice Choice Choice No. 3. Street and Bridge Commissioner— (Names of Candidates) City of Houston 51 First Second Third Alderman— Choice Choice - Choice No. 4, Water Commissioner— (Names of Candidates) ONE CONTROLLER TO BE NOMINATED. First Second Third Controller— Choice Choice Choice (Names of Candidates) SCHOOL TRUSTEES TO BE NOMINATED (IF ELECTIVE). First Second Third School Trustees— Choice Choice Choice (Names of Candidates) ONE CHAIRMAN OF ——— EXECUTIVE COMMITTEE TO BE ELECTED. First Second hired. Chairman Executive Committee — Choice Choice ‘ Choice (Names of Candidates) FOUR EXECUTIVE COMMITTEEMEN TO BE ELECTED. First Second Third Executive Committeemen— Choice Choice Choice (Names of Candidates) (Other officers, if any, charter amendments or other referendum mat- ters to be voted upon here.) (Ce) ‘When the number of candidates is more than three times the number of places to be filled the bailot shall contain three columns, as above headed, respectively: First, second and third choice, so that there shall be three blank spaces after the name of each candidate, one under each of said designations. | 3 (d) When the number of candidates is more than two times the number .of offices to be filled and not more than three times the number of offices to be filled the ballot shall give first and second choice columns only. (e) When the number of candidates is not more than two times the number of offices to be filled only one column for marking votes shall appear. (f) The instructions to voters shall be changed to correspond with the number of columns for choices on the ballot. (g) All ballots shall be of the same size and quality, on white paper of the same tint and the same kind of type and printed with black ink. Space shall be provided for charter amendments and other questions to be voted on at city elections. The names of the candidates shall be arranged by lot by the executive committee as provided by law. (h) Such executive committee at least ten days before the primary election shall cause as many sample ballots as may be necessary to abundantly supply the voters to be printed upon paper of different color, but otherwise identical with the ballots to be used at the election, and shall distribute the same upon application to the qualified voters. of said city. By Charter of the (i) Canvass of Returns—Such ballots shall be counted at the times and in the manner provided by law, and the judges shall cause to be entered the number of first, second and third choice votes for each candidate on the tally sheet and make return thereof to the executive committee as provided by law. (j) Ifa ballot contain more than one vote for the same candidate only the one of such votes highest in rank shall be counted. ~All ballots shall be void which do not contain first choice votes for as many candidates as there are offices to be filled, if the voter votes for any candidates for such office or offices. If a ballot contain either first or second choice votes in excess of the number of offices to be filled no vote in the column showing such excess shall be counted. (k) Candidates receiving a majority of first choice votes for any office shall be nominated. If the full number of candidates to be nominated do not receive such a majority of the first choice votes for such office, a canvass shall then be made of the second choice votes received by those candidates for said office who are not nominated by first choice votes; said second choice votes shall be added to the first choice votes received by such candidates, and candidates who with such addition shall receive a majority shall be nominated. (1) If by the count of either first choice votes, or first and second choice votes, as above provided, more candidates than there are places to be filled shall receive a majority, the candidate or candidates equal in num- ber to the number of places to be filled having the highest vote shall be nominated. (m) If the full number of candidates to be nominated do not receive a majority by adding first and second choice votes, as above directed, a canvass shall then be made of the third choice votes received by those candidates for said office who are not nominated either by first choice votes or by adding first and second choice votes, said third choice votes shall then be added to the first and second choice votes received by such candidates and the candidates equal in number to the number of places remaining to be filled who received the highest number of votes by said addition shall be nominated. : (n) Page 59 70 ba | 21 14 21 &) es Vill Index to Charter Art. Sec. Page E EDUCATION— See Schools. ELEC TIONS— See City Council; Bonds, Municipal; Franchises; Initi- ative and Referendum; Officers; Primary Elections; Recall of Officers. MVOTIN SP DILACES ects cocssnl ote cobareus) Sie, 61s sustnicsateielal fened stench ne memcaete 9 2 70 Reecwulation sof, Vets. cine s, cseha, wieiere ciehtvepe letsheversiaeunnearsEateuees 9 2 70 May prescribe manner of holding primary elections... 9 2 71 INCASE, OLS VACANCY seco. c cceks cee elasle ets elsnememodclionelelepeme iene tensions 9 ie gan BHLECTRICIT Y— See Public Utilities; Rates; Interchange of Service, etc. Citys may. own electric light plantsiem.cricmmiet-teeterrrstetaen: 2 1 14 May buy and sell........ Woe e reece nse esse seer ences 2 Tb INS EMINENT DOMAIN— See Condemnation; Improvements by Condemnation. EMPLOYEEHS— See Civil Service. WsC Lal Cay SWOT ees lel dt eden Bieta eeterctate tole a eit oken ae sees 2 15a 20 COMPECNSAtion TOL Mee peice ashes oie ketetens el ckeetepemore nathan thes Sry c 5 4 49 REMOVAal-O£L. EMPLOY, COSAe wee yeve ces wiviekehe ole letelelielalte Lc mien meas 5a 3 54 City may prescribe that they shall not receive fees, etc. 4 3 38 EXEMPTION FROM EXECUTION— See Property. F FARES— See Street Railways. FEES— See Salaries. All fines, fees and costs of Corporation Court go to City 4 me 38 City shall prescribe that fees collectible under State law, by city officers, shall be property of City....... 4 3 38 FINANCES— See City Council; Controller; Bonds, Municipal; Schools. FINANCIAL STATHEMENTS— See Schools. FINES— Ordinances may provide for enforcement by fine not exceedins.$200500 Moaxirksictes dt Cte aise loerotciedemetorecon tenement Or Een: Ve 12 16 Council may provide for commutation by labor, etc.... 2 ne aby City .mMay7 Na Ve vexeCu Lion ef OL ete eisteude an cesne eemen eee lene a ceiteL ete 2 12 aly Ordinances shall not provide for lesser penalty than IMPOSE eDY— State wy. ves, Mes ranoks Verne rehceete aie he areke ie tetienecer atts 2 12 16 Hines and penalties.due and owing) City... .... sic ee 4 3 38 FIRE! DEPARTMENT— City may provide for the regulation, maintenance and SUDDOPLER OL. owiehe teense aaa eet eG POE tole tere heme te ete deletes Da 8 15 FIRE LIMITS— City, May DEESCriDe: of.c cs. ae accent cone Caos dea me one 2 8 iS City may regulate and prohibit building, etc., therein.. 2 8 13) FIRES— City may provide means for protection against....... Wy 8 nS) City may regulate and govern storage of lumber, etc., and fix limits within which may be carried......... 2 8 5 FIREPROOF ROOFING— x City may prescribe limits in which only shall be used.. 2 8 15 FISCAL YHAR— WW ELS? ibe ate snc oo Site oe eesti a ete alge Kane Rs RoW RUN Ren eke ean ee 6 8 56 Current begins March 1 and ends last day of February 7 10 60 FRAME BUILDINGS— See Fires; Fire Limits, etc. FRANCHISES— See Interchange of Service or Common Use, etc. Unlawful to continue, amend, etc., street railway, with- out. binding it to give universal transfers........... 2 6 15 City may prescribe service, extensions, etc., of concerns Nolding franchises? i e.. su... are 6 ses ete teem abe ieee ees ces 2 6a 13 Index to Charter ix FRANCHISES—(Continued )— Art. Sec. Page Ordinance granting must be read in full at three regu- PATE IOCLITIS GS. mete SCNT mse sg whine ene eee na 2 17 23 Only granted by Ordinance, by majority of all members OLICOUNCLINADDLOV.COLDY wWlayOL a. atte oid ore eke 2 iL 23 For longer period than 30 years, must be submitted to SOLAS LS cat a ees elk ws AIG ERS COC nes EaCIPEC RET BES eae Sine Z 7 23 None shall be granted for longer than 50 years........ 2 17 23 City may submit all applications for to vote of people 2 ay 23 Grant shall provide that it is to become property of CHEY, CCCCS CA al Va e's a he atelsl clot ecient aera eer tasirerial sh © 2 al 7, 23 Every grant to make adequate provision for forfeiture 2 ala 23 Council may also examine books of account........... 2 Aft 24 Publication shall be made of proposed grant.......... 2 18 24 After publication, grant shall not be changed, unless GEPUDIMSHE Serdar srt a ete ole ee sie Taare a atcha Nate els ihaete 2 18 24 Referendum may be ordered on proposed grant of...... 2 18 24 Industrial plants may obtain sidetracks, etc., without COMPLY ATOM Mae tet ped cis whek yc edeteliol Lata wat Suelo reset otetiee ie 6 2 18 25 'None to be granted after primary election, except in CASERCErlalMme Ven tUSrpoas a au ctealate tends) aha Mee Seo eerie e onamals fi 6a 59 City may examine books of grantees of............... 8 5 68 Ownerseoretoumakerannuale reports, ctpue olstethes siete ia 6 8 6 69 G GAMBLING HOUSES— Citvyauacs pow ere COLSUPDRESS ys CEG LI Maca stat clalctsichats aienatelae 2 16 21 GAS— See Rates; Public Utilities. CLEVE TIVAVAO Vie DLAI ES: avaece ete teen ane ape erelrat ek atster oh draiiayah lars ot scat 2 7 14 Ci tVamMayes DU Vaan OSs lived en ise cae cue cleuets cient ureeela: sie fh Uabece 2 Tb 15 GARBAGEH— Dutyrol City, to-resmlate: and: dispose Of. jute snes 2 os «1 2 fi 14 GHES hb— See Animals. GENERAL WELFARE CLAUSE— See Powers, General. GOATS— See Animals. GRAVEYARDS— See Cemeteries and Crematories. H HACKS AND CARRIERS— . “City may regulate the fares, etc., to be charged by.... 2 6 aie City may make needful regulations concerning........ 2 16 21 HACK STANDS— Cityetoay, tix DUDE Nacke Stands te ClChi.rcts sine etal heise, © 2 16 21 HARBOR AND WATER FRONT— See Buffalo Bayou. City may alone, or in connection with Navigation Dis- EFICE MELE. ACGUILE ele; Channels. EtCiicacie crete ois sea sats 2 9 16 Power. to, control, the water Lronts) GbCc et 6 sista a.c1 cer ens 2 9 16 TOLOW ITE RECCse WALECROUSES CLG h Olle ace cats coe sebsisue elereleneeal's 2 a 16 Power to license, regulate and control the stream..... 2 9 16 ROWEr LOmix TaAtesuObuwiharntaeenCiChl ca et ivaj cleeltis cece a es 2 9 16 HEALTH— See Milk, and Milch Cattle. City has power to regulate burial grounds, to protect.. 2 15 19 City has power to regulate sale of all foodstuffs...... 2 Lb 19 City may inspect premises of all persons, in interest of LES LCM Ca. LEY aaecum aemetaitite i. sy fecha al Coane oicuslia stakes. steerer 2 15 19 City has power to pass Ordinances authorizing the de- STRUGEION Of. GLOLBIN SW OUG faye wre sels etal aiticlarsie ele: slele« elerehs 2 15 20 City has power to improve the purity of the water of ES TELL Oe VOU Recreate reenter Alito. bier Clee el oes sPettowiie cribs, acis 2 15 20 City may prohibit manufactories from discharging refuse in Buffalo or White Oak Bayous.............. 2 15 20 City can enact necessary Ordinances to protect health ”y a 9 HOGS— See Animals. x Index to Charter Art. Sec. Page HORSES— See Animals. HOSPITALS— City may establish, regulate and«maintain.)...\ 2% @.l-n 2 shit 16 ICE FACTORIES— Gityramay. establish mmain tain, vetG otek paces ecm iceeiener te eee 2 ney, 14 IMPROVEMENT DISTRICTS— City Council may, and upon petition shall, divide city TIVE O Ws Fo ra ce ode ac ese be eters fo eile Ret ernom te hevbiehaal aie este Raine eine 9 16 73 May borrow money on the credit Of i... 25 ss cite sictene oer 9 16 73 May issue bonds for permanent improvements........ 9 16 74 Every proposition to borrow money shall be submitted tor The *VOLCLS Io siecle ete pee oto wlohe Totus 4a, ole nl ons eeeeenerene 9 16 73 Interest and sinking fund shall be provided for and KEPE"SCPALALES Hecke erat rots GAs ae lake tNs Veceteae steve Manche tel acs Mer eae ie L eis 9 16 74 IMPROVEMENTS BY CONDEMNATION— See Condemnation. INITIATIVE AND REFERENDUM— See Franchises; Ordinances. Peoples may, legislate directly sbi su cin ay okeserenetaiv cee enoieis Tb 1 63 Initiative; ‘hows EXerceiSed ste eiakisic:ehebeteis! srcwehe chien recat Tb 2 64 PetitionplrorsLaiela iy e sas wee eecehe ste kekino eh euenete ke ieee teen Tb 2 64 Certificate -ofJSECretany vccn wets oes ein tele een ete Tb 2 64 Council’ ssactlonVOn “PetiLIONe ee ueleeianene cic oteeustel se feancene sees Tb 2 64 Referendum, show |Xercisedics eeeecie cure eee bene pe eee eS Tb os 64 Council Maysreler Of NLS TO WNEIMOLOMsrimcrtele sets ein eclchets Tb 4 64 Ballots ee Beets ahs Woe esate eee ae Polio v cates eeleaae hee ele ketene ates Tb 5 64 Publication of initiated or referred Ordinances, etc.... 7b 6 65 Effect of adoption of Ordinance by voters............-. Tb tk 65 Inconsistent Ordinances, which prevails............... Tb 8 65 Initiative and Referendum Ordinances, how repealed. . TD oeno 65 Rrequency .0f elections. ao y. lots cuelsteieieteieasd lle me renee een 7b 10 65 Council’s power to ee further regulations sv. oe Tb iE 65 Sections 17 and 18, Art. 2, not repealed or impaired.. Tb 12 65 INSPECTION— City may inspect premises in interest of public health.. 2; 15 19 City may provide for inspection of milch cattle........ 2 16 22 Books of account of grantees of franchises may be INSPECCEO is Fi RATS lee te Bek eee eee eth ke ee ee ioc oe ae wen 2 ay. 24 City’s right to inspect all books of grantees of fran- CHISeS 4s a eos Beare a eae Rete oat Toe ee eke eo enCe 8 5 68 INSPECTION OF WHIGHTS AND MEASURES— See Weights and Measures. INTERCHANGE OF SERVICE, ETC.— Owners of franchises may be required to interchange SOPrvVice sn eo eb See rete eR ic ea AE RIS ice ee ecient Zh x ee DEL 12 Common use of property, etc., between owners of fran- GHISES oy bse se cite sete basco aus oa bole Airemmnebe canis keene den Ieee felt un atel cee 2 5a 12 Definition of Interchange of Service or Common Use... 2 5a 13 Gity shall fix rates) to bexchansed sinters lessees fers 2 5a 13 INTEREST— See Improvement Districts; Street Improvements; Side- walks; Bonds, Municipal.’ : Municipal bonds shall not draw exceeding 5%......... 4 a BT Ordinances issuing bonds must provide for payment of ANTET EST saree teandh Ue eee ate ero Ueme Reon eneUnne Lepltat attenene ina em ere are ae 4 1 37 Council, in making Budget, shall first provide for pay- ment of interest on bonded indebtedness............ 7 10 60 J JURORS— Freeholder in City not disqualified as juror where City TS ADATUEV IG mepcrats eke Lolo Pe la ty Sin Seba ace ne cole RASA aNG Rade to fOWs ants Goat eiep here eae 9 10 {2 Officers and employees of City exempt from service as 9 10 T2 LAUNDRIES, STHAM— Gity may “establish and Operated: «cc. cuba ene tee A ae 2 (anor Index to Charter xi LEGISLATION BY THE PHOPLE— Art. Sec. Page See Initiative and Referendum. LIBRARIES— Ciivesiay CSCADITSh ANG OPSTale. vo... 65 sa ae diese oo « 2 1a) G4 LICENSES— See Taxes and Taxation. LIMITATION, STATUTES OF— See Taxes and Taxation. LIQUOR LICHNSES— See Taxes and Taxation. ; , LODGING AND TENEMENT HOUSES— Gilvemayacstanlichy and: ODECraLe. faba shels denuere ake Pirarareks 2 1G 14 LOTTERY TICKETS— City may punish persons who sell or advertise........ 2 16 21 LOANS— See Borrow Money. LUMBER, ETC.— City may regulate and govern storage, etc........... ‘ 2 8 15 Mi MANUFACTURING— City may engage in eertain classes of.......... Cie Bebe Ae Ae 2 Ta 14 MARKETS AND ABATTOIRS— See Abattoirs. MAYOR— See Contracts; Officers; Schools; Street _ Improvements. A Ousalificationwome lenin © fs Oli Cen CLG «ius sere ae) ciehelers os 6 a 55 Is chief executive and administrative officer.......... 6 il 55 HOSA Diet yaeO Lares Aa eee PL eerste TRA SEN GTS @ictah ai ors ors Myre ai av uieierags 6 3 55 In case of death, etc., Mayor pro tem shall act........ 6 4 55 GEG ue DEST ARRONIREYS | ect Deciaes yale esac cakes EACH ERAT CRORES Uns ELE PS Ea Ree 6 5 55 VETO MD ONOrEO Lem re aerat teh Oe tuers ar eGck More erlrd Ne i Ute 6 6 56 CleNnSratlie PO Wie Seek ete hea Pat ok aratehe sie tals aer sg ete avete cuerels arene 6 7 56 Duty toesom Ue ATmual BUA Sete ites are ay sie gies oly at hae 6 8 56 SEMEN ONE -4 0 Tic SAB EeacW cha ATEN EY Gal to aen One BECO RCEE Rite CITE an ar aE i ancien Oe a 6 9 56 ShalipderoterentirectimiGarevs les teen assy, sis ators Gels dsheheWenguens 6 9 56 Shall appoint officers, subject to confirmation by Council 5 2 49 May remove appointive: officers. 00. oy. ee oe ess 7 Sar bo Shall make recommendations to Council......0........ 7 10 60 Has authority to investigate Departments............ fi 9 59 Shallscsrengallawarranes Or smOMG Yio «a snr icte cle cree a whe ste nei4 8 3 67 MAYOR PRO TEM.— Mlecteds first Tegulan-~meetin gs 2% a6 ae%s eas oes elas is ve os 6 2 55 VOW NO MIN ale da an neLeCTEO ciieksrarrausushsl sthsbel cratene. a: araicatieiee + 6 2 55 TMETIMM OL eOtiLC ere miers Koay eie arene ie a clone tated a ch aiust is shee aa deeb Scatsis es 6 2 55 VRE TIES Hct leche Weise Vid Viti rte tela ove vecelets te refemclom eis ene theres hers re 6 3 55 PONVERSE Wille a Cllmona Si VIA OD aie ers foisksatetereas ae seca s1e 7s! 5) 6 rok _6 3 55 LamCas eno fae death ete rmO feaVi AVON ts siche ledereleleai etsy tellocgie) “iiss 6 4 55 MILK— City may provide for inspection of milk and milch cattle 2 16 22 MILCH CATTLE— See Milk. MONEY— See Borrow Money; Appropriations, MUNICIPAL BONDS— See Bonds, Municipal. N NAME— See Corporate Name. NIGHT SOIL-— City may provide for payment of charges for removal 2 15 19 City may prohibit anyone else from removing........- 2 15 19 Persons failing to pay City to remove may be fined.... 2 15 19 NUISANCES— ; See Burial Grounds, Crematories and Cemeteries; Sec. oA tae City may declare dilapidated buildings to be.......... 2 8 15 City may declare all wooden buildings in fire limits to be 2 8 15 City can enact all Ordinances necessary to prevent and MUTATE ADA CBee aise latin = siceare ds Wek nidis, €fe © ts Fi8'e 2 2 9 xii Index to Charter Art. Sec. 1) OCCUPATION TAXES AND LICENSES— See Taxes and Taxation. City “Councilehas power to lenvy,, CtCeia« scien omens 3 he Power limited to those from whom State collects occu- PAtiON pA Racer Hevile ek nleee ets. akebetere Oecae Deneve a ra pepece ue aetieme 8 7 Shall be: paid to Assessor and! Collectors. 5... 0-2) 3 7 Personsenotepayvyin SosuDsjeCt CO MMe ace cere ans olen st el emenene 3 7 OFFICERS— See Primary Elections; Elections; City Council. Any officer diverting funds shall be deemed guilty of a POLO Yet iecelae ee nokle Gaede oe tee ee eee oe ads Soe ae kste ee aoN Ronen 4 1 Mees.or, in Corporation Court, pelons>to-City,...m. es-mnr 4 3 City may prescribe that no officer shall receive fees, CLC ELTOM SChVIGE aperLoOrmed MUG. iina.iom orem creneueienen eens 4 3 City may provide that fees collected by, from State, Shallebespayia DIGuvOml tay cus teiaie tie AACS Eh, aes etewe eleteeretisns 4 2 What officers administer business affairs of City...... 5 iN Compensation of, except Mayor, etc., shall be fixed by COUNCIVG br. Base eee eles Sire is lee or ee ee Sule he eae 5 1 In primary elections, candidates shall be voted for at JARO Me ale SRO akan erence cucreuets yes os ene Ceeelie Lan Papeete teens 5 ih Officers not elected, appointed by Mayor, confirmed by COUNGCT oias Oe Coens op tae oie cas tel Gee eae dhs ote Cc eee arene 5 2 Mayor shallha ve power ito Temo vehi cies cic eiaioneier- lene nenetens 5 2 City ‘Council may-- remMOV er rae eek eas eters eee otek: ae terciete tte 5 2 No office created by Ordinance shall be for fixed time.. 5 2 If requested, a written statement of reasons for re- movaleshallspe-tleduby tie Wlayiorrey. . csuctdate coo ewee 2 14 17 Shalieiupnishetreen text, HOOKS Ar aye ial cca ete diate lel sire 2 14a 18 Mayor may veto pecuniary liability created by........ 2 14 18 SiagkarmMakemtinancialie steal Lemme Mts reve ne creutcts stare ech elerenel eles 2 14 18 SCHOOLS— ' Gityean Ladependent. School] Districtasmas ue wicks sce ccc 2 14 17 Cite lreasu rer, CUSTOCIANTO tatlNlGS ace c oa tidiol ot eleucielasa es 2 14 18 Funds shall not be paid out except on rolls or warrant signed by President of Board and Mayor, etc........ 2 14 -18 SEW ERS— " GQitvye Mave Maintain nOwlwana-ODCLACz. sa ecieis gists eerste ¢ 2 tf 14 SIDEW ALKS— See Improvement Districts. By penal Ordinance, property owner may be required COMGOTS CU Chace cut tensbee doled cictanolsctetate Rete hae tealn) Herat sextet sei 4 4 38 City may build and recover personal judgment plus Oo LU OTe OU tsUIL OVO 11 CT cee eeccss efeder ane? chia anevsiecy, apareverae 4 4 38 SINKING FUNDS— See Bonds, Municipal; Improvement Districts. City Cduncw shall provide forein, Budget... ike 5 cer sts 7 10 60 City Council shall provide for by levying tax.......... 3 SPECIAL BENEFITS— See Condemnation; Public Improvements; Street Im- provements. SPECIAL ASSESSMENTS— See Special Benefits. STOCK DRIVING— City may regulate’ and control’... 20.75. We: Cdn eee Bs 2 16 22 STORAGE OF LUMBER, ETC.— Criijaimavyaenesilateeam cm 2 Onieliibed syeheve sence rie caste of aimtaicnerevche 2 8 alls STREETS, ETC.— See Animals; Automobiles; City Council; City BEngi- neer; City of Houston; Claims and Demands; Con- demnation; Franchises; Improvement Districts; Parks; Railways; Street Improvements; Street Rail- roads. Ciivenasetwlie POW er OVE SLECCLS teen oi ealeiela of tere sueieretel’s| ods 2 4 11 PCA COpaAnds SOOGAORU Clie ipa aie eleketsy sie 2) a) okt total tie sae! fi. ee) shine 2 16 21 STREET IMPROVEMENTS— Qiks Henny day tel Waele AyOrHlice ocicoe MUO t COU oD OD om hide Sec 2 Ta 14 eHnItIONY OL “EMPLOVEMICTIUS aa sas rcs) ateiielerel si ® ahehoisiie! a1 PP: 4a Al 39 DOTNIMVOM SOL PELL S IUWiA Vee id enh ome) ailcrs 8 sitcucl store un ebalah clehe | o/akeie! 5) « 4a 2 39 ADDOLLIONIMENt, Of sCOSUMOL cgeyeretgne 4a 6 42 GONEr ACLS EL OF aes ee Or eave, culscisuse shelslet opal ser arapetanererer esas e)9 4a, 6 43 Xvi Index to Charter STREET IMPROVEMENTS—(Continued )— bee lel Wabeyers tajeh. dexepaVerthtsim nyc. ses old a ado SI OIA U O Aen OOo ne Assessment of benefits may be contested.............. EPO WACOTTCST CAS stirs ene earls eke toice folie oe te toRel ow elis MeNonetok sibeve tiated olsits Assessment of benefits and fixing of lien.............. Cost shall be apportioned according to front foot plan Where property exempt, Council may order improve- Ment nNOCPMAGEewin + CLON LU sO. sacs nhelelederen lameeens ae rae tet-aeteie Duty of Council to correct errors and re-assess, when.. Passage Ofaresolution MOtlGese -rehe ieee cube ue yete ts beaten Council may cause assignable certificates to be issued.. Council may provide that contractors shail look to OWNELS ee See eho ale nas eter eke elaialede toledo otete shots tele ter weenie STREET RAILROADS— See City Council; City of Houston; Franchises; Inter- change of Service; Public Utilities; Rates; Streets; Street Improvements. City SMAY. TELUIATEISP CEUs osha. hats ierels allele Ueuetons telledels ote leteloneks City may require certain work on streets occupied by.. City may require payment of cost of grading, etc., of Streets Or iIntenSeGlLiOn'S< & > cere. hues cike talcet oeehenel Clsietelis tele! stelel te Such cost shall be a lien.......... Ws ate tee te koe pape t ebrolretie hour make Portion of Street deemed ocecupicdin ci cae eee Where street is previously OCGuUpIEGe.. - es -mtetsiele et ie rene Where street has been previously improved........... Shall not be allowed to occupy street without permis- SLONVOTAC Ly G@OUN Cll awe. tee tksi-as is ots Wake bees canis fol le pou Remon cet etetede City Council may require isSuance of transfers........ City Council may fix fares and require transfers...... SU gene atch alobchectbicGar Aan Ania chet ieiood alicia odo ond aoe Mayr recover 4penaltty 70. cic - eects stele bette tok eee bance. gee eee Coenen Council can not amend franchise without providing for transfers under general Ordinance City shall have power over service and extensions..... OLE miggi sets aieu one Nea rie trerh eairer aie Bick MAS a ars per AR ea Sy olan ace Council may compel removal of abandoned tracks Council may require vestibuled cars City shall have right to require fenders on cars ee ececeeee SUBDIVISIONS— Must be platted to conform to abutting streets, etc.... T TAXES AND TAXATION— See Board of Appraisement. Council may levy, assess and collect an ad valorem tax Shall not exceed two dollars on the one hundred dollars ViEVLUA CLOT HE aiete meer ets tetncs tele le teas Sele Weis Rane ae SLE Ae eae i ene eeme rae Twenty-five cents additional may be levied in improve- MENTE, GISTLICTS Aon Ausiecshs execs one cele Riehowole temewe Dien Release nemcneaeS Property exempted os canes oe Met ae ee eee Council may provide for portion of tax necessary under Ordinancesorad UNC; 18'S See. so creak thee chaise ana eee ce eye Failure during any year to pass Ordinance, the last Ordinance levying passed shall govern.............. Council may determine when due and payable INO poll tax to .be levied aint .cnus ee ee anes Stee were All real, personal and mixed property liable....:...... Personal property may be levied on and sold.......... Amount due upon any species of property may be sued for in any court having jurisdiction Declared towbera Wien | cae ws ch ee ere ee eS Sed eh Duty of every owner to assess his property...........- General laws of the State to govern in rendition, unless otherwise provided herein Mefinition OL Properly & w wee cike ee hie eee einen nena we aaa City Council may pass Ordinances providing for the collection of ytaxesetCe. Ob cea. Meee eee erie Payable at the office of Assessor and Collector........ Where owner refuses or fails to assess, the Assessor and COMCETOLR IBY > sec. & iti). tire eeemeae aneke ere ates tonne Property, not assessed .for prior years... yee ee ee Tax rolls and assessment sheets prima facie evidence.. All taxes payable in current money of the United States May levy and collect one-half occupation taxes and licenses collected by State 612 0» wl ee 0 te 16: 6-6 101 6 Yo 6 Ce ip Ye.te te fe fe, 16 fo.te fe te "6 te ie “ete ote. ote a1 6 'e 'e bo co bb ph bw bo bo bo bs wb H H bO bo DS bo O1 ol CA OTST or Ol Index to Charter XVil TAXES AND TAXATION—(Continued)— Art. Sec Page License or occupation taxes to be paid to Assessor and MG OLLECCO Tenet mercer tala corre tetonst cickels ome ec aisle ctavome aie 3 7 29 All taxes from 1875 to date may be collected by suit.. 3 8 30 Purchasers takes FSubjecte tonics a. 0s, ot cslenemereuss ate asceaas 3 8 30 Bute note IaADLER DEFSOMallviwacie ca ekedsiere tic chen stel cee hana ciate 3 8 30 MTNItaAtlONS Of LOUTPYVCANS cack site tie. ieee nein alte oe 3 8 30 Mayerecover personal judement fom. ys. «ake tert late ates 3 8 30 All taxes due by person must be sued for in one suit.. 3 8 ou Who necessary parties in suits, and method of pro- COCOIN Sie ae Meyer ce ee ener anal Shel ccchehet ol evel atc eG aioe Ande eerie 3 8 31 Foreclosure and sale by Sheriff to satisfy taxes and GCOSUS Me earache tee ehomen ar even oy ficicedaie tor cc ohiotetes aidicuctsreee bere st tol araters 3 8 hal Attormey s ltée or 5o77added to COStB eis cea calain ues « 3 8 31 Assessor’s rolls, etc., prima facie evidence............ 3 9 32 Deeds of Assessor and Collector from 1890 to 1894 Primary facier ew ildemCe sre aces cco seek ioe) chats meters Shehe fone areeana atts 3 9 Sa DUC PIANUAL Val Sb OTe eViCLY sViCQii. Jiisdre ole ot ditihiness hotlere nt Gene 3 10 2) No authority to remit, discount or compromise........ 3 10 32 Delinquent roll to be published in newspaper.......... 3 al 33 Sales may be made by Assessor and Collector, and may DeELCONUPMNCUn by Vva.C OLN Cll ies sper toe cris cre wekke tenes drove Perera. Sieben « 3 11 316) ETE CCLLOLCASCA AACS HAY? aipeie sicters vasielins ueteteren acalieeeiags ohloe of a seks 3 a at 33 Gity may become purchasersat: Sale@nicc isaett sic os ale 3 11 33 Failure to prepare delinquent roll or publish same does HOt CCtuplia OULU Verse free, cee ote ohana ed eh adele) coe ol Guckewse eles Bie) eal 33 Stateroom Crty may Me rvVeneurs. lis ahd cies sister creme su che sce ote 3 alal 34 Delinquent roll must be finished by last of February.. 3 oe 34 Delinquent roll published in March once a week for TOLLE Wil CK Sta cae estore Roce oem Otero isbetet ee Os susesee ath a aars 3 12 34 Owner may demand written statement of taxes due... 3 12 35 City may receive payment in advance and allow interest 3 ale: 35 Abbreviations used and errors in description does not TUVALA Chee preteen ere h ected eet op tees ates af oisidcle. of cio evens Slapeca oterehene 3 14 35 Additional may be collected in improvement districts.. 9 16 3 TELEPHONES— See Interchange of Service. City Council) may fixsand regulate’ tolls, ete. ). 5... Sine Z 6 ies City may regulate and control service and extensions.. 2 6a 18! @itivar layer Olw Tiere CaO UL At Clewsre: au 1-e re ey saci lomels erica: «gsi stiei eke ) ifr (ie THEATRES— Cityamay. Derinity LOLrbids Ore reswy later wa. sirens el) -)4 CN HEY Piss 16 21 TRANSFERS— See Street Railways. Vv VAGRANTS—: Right to punish. Ee er Rea ee nN The eer eh eae cates eh se RCA evaes 2 16 Zt w WARRANTS— , See Anticipation Warrants. Must be signed by Controller and Mayor, ....2...0..... 8 3 6§7 When signed by Controller, money must be in treasury 8 3 67 WATERWORKS— Citye maya Oil yan CONSCLUCU. OWillse CUG iho siek-yalst a yetal'a eh stel=t «1 2 ii 14 City May OWN And, TERULALER. fo cals 6 steric are oe eras sie sos 9 15 3 WEIGHTS AND MEASURES— City has right to inspect; to fix standar ds, and to pro- vide penalties and inspection feeS.........-..+seeees 2 16 21 WHARVES AND DOCKS— See Harbor and Water Front. WORK HOUSES— City may establish, maintain, CtC....veccene rene sscens 2 11 16 +4 BS cal 4 - ¥ fi re A Se a 5 Woe Le + ey EF se Et) = Po ON tir ¥ per a4 Ag ita eee Et | ww : 2 eich a a ALTA hie, Clee tape Wek tes ake : A ae ‘ be , ofS " ye’ 4 . 7 ’ Bs ATEN A hs oa Sa i Ke ; = ’ we TS J en eae! v4 a reru a y ss - " - : bg Ww . " 5 ‘ = Bk ey rh? de : hee ¢ ~ ’ ¥ > -_) r= 4,4 i of VE 2057 ee th eer, ate 2 PAY Pa) Pe SOME EXTRACTS FROM STATE CONSTITUTION, REVISED CIVIL STATUTES AND CODE OF CRIMINAL PROCEDURE RELATING TO MUNICIPAL CORPORATIONS. (STATE CONSTITUTION.) Sec. 1. Guaranty Against Unreasonable Seizures and Searches—The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrants to search any place, or to seize any person or thing, shall issue without describing them as near aS may be, nor without probable cause, supported by oath or affirmation. (Sec. 9, Art. 1.) Sec.2. Bail—All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence in such manner as may be prescribed by law. (eeC. tt ATL by) Sec. 3. Excessive Bail and Fine; Courts Open—Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law. (Sec. 18, Art. 1.) Sec. 4. Bill of Attainder and Ex Post Facto Law—No bill of attainder, ex post facto law, retroactive law, or any other law impairing: the obliga- tion of contracts, shall be made. (Sec. 16, Art. 1.) Sec.5. Eminent Domain; Privileges and Franchises—No person’s prop- erty shall be taken, damaged or destroyed for, or applied to public use, without adequate compensation being made, unless by the consent of such persen; and, when taken, except for the use of the State, such compen- sation shall be first made, or secured by a deposit of money; and no irrey- ocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shali be subject to the control thereof. (Sec. ii. Art: 1) Sec.6. Right to Bear Arms—H very citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime. (Sec. 23, Art. 1.) Sec. 7. Perpetuities; Monopolies, Primogeniture; Entailments—Perpe- tuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or en- tailments ever be in force in this State. (Sec. 26, Art. 1.) Sec. 8. Assemblies; Petitions—The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and to apply to those invested with the power of government for redress of grievances or other purposes, by petition, address or remonstrance. (Sec. ai, Art. 1.) y Extracts from Constitution é Sec.9. Power to Suspend Laws—No power of suspending laws in this State shall be exercised except by the Legislature. (Sec. 28, Art. 1.) Sec. 10. Extra Compensation by Municipal Corporations—The Legis- lature shall have no power to grant, or to authorize any county or munici- pal authority to grant, any extra compensation, fee or allowance to a public officer, agent, servant or contractor, after service has been ren- dered, or a contract has been entered into, and performed in whole or in part; nor pay, nor authorize the payment of, any claim created against any county or municipality of the State, under any agreement or contract, made without authority of law. (Sec. 53, Art. 3.) Sec.11. No Power to Release Debts—The Legislature shall have no power to release or extinguish, or to authorize the releasing or extin- guishing, in whole or in part, the indebtedness, liability or obligation of any incorporation or individual, to this State, or to any county or other municipal corporation therein. (Sec. 55, Art. 3.) Sec. 12. Voters Privileged From Arrest—Voters shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning there- from. (Sec. 5, Art. 6.) Sec. 13. Corporations; Power to Tax Shall Not Be Suspended—The power to tax corporations and corporate property shall not be surrendered or suspended by act of the Legislature, by any contract or grant to which the State shall be a party. (Sec. 4, Art. 8.) Sec. 14. Taxation; Poll, Occupation and Income; Equal and Uniform; Exemptions; Limitations Upon Cities, Etc.—Taxation shall be equal and uniform. All property in this State, whether owned by natural persons or corporations, other than municipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law. The Legis- lature may impose a poll tax. It may also impose certain occupation taxes both upon natural persons and upon corporations, other than municipal, doing any business in this State. It may also tax incomes of both natural persons and corporations other than municipal, except that persons en- gaged in mechanical and agricultural pursuits shall never be required to pay an occupation tax; provided, that two hundred and fifty dollars worth of household and kitchen furniture, belonging to each family in this State, shall be exempt from taxation, and provided further that the occupation tax levied by the county, city or town for any year on persons or corporations pursuing any profession or business, shall not exceed one- half of the tax levied by the State for the same period on such profession or business. (Sec. 1, Art. 8.) Sec. 15. Occupation Tax; Exemptions—All occupation taxes shall be equal and uniform upon the same class of subjects within the limits of the authority levying the tax; but the Legislature may, by general laws, exempt from taxation public property used for public purposes; actual places of religious worship; places of burial not held for private or cor- porate profit; all buildings used exclusively and owned by persons or asso- ciations of persons for school purposes, and the necessary furniture of all schools, also the endowment funds of such institutions of learning and religion not used with a view to profit and when the same are invested in bonds or mortgages, or in land or other property which has been and shall hereafter be bought in by such institutions under foreclosure sales made Extracts from Constitution 3 to satisfy or protect such bonds or mortgages; that such exemption of such land and property shall continue only for two years after the pur- chase of the same at such sale by such institutions and no longer, and institutions of purely public charity; and all laws exempting property from taxation other than the property above mentioned shall be null and void. ~€Sec. 2, Art. 8.) Sec. 16. Railroad Taxes Due Cities and Towns—All property of railroad companies, of whatever description, lying or being within the limits of any city or incorporated town within this State, shall bear its propor- tionate share of municipal taxation, and if any such property shall not have been heretofore rendered, the authorities of the city or town within which it lies shall have power to require its rendition, and collect the usual municipal tax thereon, as on other property lying within said mu- nicipality. (Sec. 5, Art. 8.) Sec. 17. Not to Become Stockholders or Make Donations—No county, city, or other municipal corporation, shall hereafter become a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; but this shall not be construed in any way to effect (affect) any obligation heretofore undertaken pursuant to law. (Sec. 3, Art. 11.) Sec. 18. Cities of Five Thousand; Taxation. and Debt—Cities having more than five thousand (5000) inhabitants may by a majority vote of the qualified voters of said city, at an election held for that purpose, adopt or amend their charters, subject to such limitations as may be pre- scribed by the Legislature, and providing that no charter shall contain any provision inconsistent with the Constitution of the State, or of the general laws enacted by the Legislature of this State; said cities may levy, assess and collect such taxes as may be authorized by law or by their charters; but no tax for any purpose shall ever be lawful for any one year which shall exceed two and one-half per cent of the taxable property of such city, and no debt shall ever be created by any city, unless at the same time provision be made to assess and collect annually a sufficient sum to pay the interest thereon and creating a sinking fund of at least two per cent thereon; and provided, further, that no city charter shall be altered, amended or repealed oftener than every two years. (Sec. 5, PATE eci La) Sec.19. Municipal Taxation—Counties, cities and towns are author- ized in such mode as may be now or may hereafter be provided by law, to levy, assess and collect the taxes necessary to pay the interest and provide a sinking fund to satisfy any indebtedness heretofore legally made and undertaken; but all such taxes shall be assessed and collected separately from that levied, assessed and collected for current expenses of municipal government, and shall when levied specify in the act levying the purpose therefor, and such taxes may be paid in the coupons, bonds or other indebtedness for the payment of which such tax may have been levied. (Sec. 6, Art. 11.) Sec. 20. Public Property; Buildings, Etc.—The property of counties, cities and towns, owned and held for public purposes, such as public buildings and the sites therefor, fire engines and the furniture therefor, and all property used, or intended for extinguishing fires, public grounds and all other property devoted exclusively to the use and benefit of the public, shall be exempt from forced sale and from taxation, provided, 4 Extracts from Constitution nothing herein shall prevent the enforcement of the vendor’s lien, the mechanic’s or builder’s lien, or other liens now existing. (Sec. 9, Art. 11.) Sec. 21. City or Town May Be Schoo! District; Special Tax—The Leg- islature may constitute any city or town a separate and independent school district. And when the citizens of any city or town have a charter, authorizing the city authorities to levy and collect a tax for the support and maintenance of a public institution of learning, such tax may hereafter be levied and collected, if at an election, held for that purpose, two-thirds of the taxpayers of such city or town shall vote for such tax. (Sec. 10.) Sec. 22. Official Oath—Members of the Legislature, and all officers, before they enter upon the discharge of their duties, shall take the folowing cath or affirmations: L°Gs iawiee ), do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent upon me @aS.............. , according to the best of my skill and ability, agreeably to the Constitution and laws of the United States and of this State. I, being a citizen of this State, have not fought a duel with deadly weapons, within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge, or aided, advised or assisted any person thus offending: And I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered or prom- ised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected (or if the office is one of appointment, to secure my appointment), so help me God. (Sec. 1, Art. 16.) (REVISED CIVIL STATUTES OF 1911.) Sec. 23. Report, Annual, of County or City Treasurer to Comptroller, Requisites of—lIt shall be the duty of the treasurer of each county in this State, and of each city, whether incorporated under the general law or by special charter, to make an annual report to the comptroller of public - accounts of this State on the first day of August of each year, showing the condition of the interest and sinking fund for each set of bonds of said county or city outstanding on the thirtieth day of June of each year, which said report shall be made under oath, and shall show: First—The outstanding bonded indebtedness of said city or county, giving date when issued, the amount of each set of bonds, the rate of in- terest they bear and when they mature. Second—The tax levy in force to provide for the interest and sinking fund on each set of bonds. Third—The amount on hand to the credit of the interest and sinking fund of each set of bonds, showing whether in cash or securities. Fourth—The amount received by the said fund since last report, and from what source. Fifth—The disbursements from said fund since last report, and for what purpose. Sixth—The amount of said bonds redeemed since last report, and the amount still outstanding. (Art. 699.) Sec. 24. Draft on Sinking Fund Not to Be Honored by Treasurer Ex- cept for Interest, Redemption or Investment—No city or county treasurer Extracts from Statutes 5 shall honor any draft upon the interest and sinking fund provided for any of the bonds of such city or county, nor pay out nor divert any of the same, except for the purpose of paying the interest on such bonds or for redeeming the same, or for investment in such securities as may be pro- vided by law. (Art. 700.) Sec. 25. Penalties for Failure to Report or For Diversion or Misappro- priation—Any treasurer who shall fail to make the reports provided for in Article 699, or who shall divert said fund or apply said fund for any other purpose than as permitted by Article 700, shall be subject to a pen- alty of not less than five hundred dollars nor more than one thousand dollars, to be recovered by the State, and, in addition thereto, shall be liable for the amount of such fund so diverted. (Art. 701.) Sec. 26. Corporation Court Created—There is hereby created and estab- lished in each of the cities, towns and villages of the State, now or here- after incorporated, whether by general or special act, a court to be known as the corporation court in such city, town or village, which court shall have jurisdiction and organization hereinafter prescribed. (Art. 903.) Sec. 27. Jurisdiction—Said court shall have jurisdiction within the territorial limits of said city, town or village, within which it is estab- lished, in all criminal cases arising under the ordinances of the said city, town or village, now in force, or hereafter to be passed, and shall also have jurisdiction concurrently with any justice of the peace in any pre- cinct in which said city, town or village is situated, in all criminal cases arising under the criminal laws of this State, in which the punishment is by fine only, and where the maximum of such fine may not exceed two hun- dred dollars and arising within the territorial limits of such city, town or village. (Art. 904.) Sec. 28. Seal of Corporation Court—The said corporation court shall have a seal, having engraved thereon a star of five points in the center, and words,: Corporation Court in os... .'s Soe , Texas,” the impress of which shall be attached to all proceedings, except subpoenas, issued out of said court, and shall be used to authenticate the official acts of the clerk and of the recorder where he is authorized or required to use the seal of office. (Art. 910.) Sec. 29. Complaint, How Commenced and Concluded; Prosecution Con- ducted by City Attorney or Deputy; County Attorney May Also Represent the State, but No Fees; Process—In all prosecutions in said court, whether © under an ordinance or under the provisions of the Penal Code, the com- plaint shall commence in the name of the State of Texas, and shall con- clude, “against the peace and dignity of the State’; and where the offense is covered by any ordinance, the complaint may also conclude, as “con- trary to the said ordinance”; and all prosecutions in such court shall be conducted by the city attorney of such city, town or village, or by his deputy; but the county attorney of the county in which said city, town or village is situated may, if he so desires, also represent the State of Texas in such prosecutions, but, in all such cases, the said county attorney shall not be entitled to receive any fees or other compensation whatever for said services, and in no case shall the said county attorney have power to dismiss any prosecution pending in said court, unless for reasons filed and approved by the recorder of said court. (Art. 911.) 6 Extracts from Statutes Sec. 30. Council to Prescribe Rules for Collecting Fines and Costs, Practice, Etc.; Rules in Meantime—The council or board of aldermen of each such city, town or village shall, from time to time, by ordinance, pre- scribe such. rules, not inconsistent with the provisions of this chapter, nor other laws of this State, as in the discretion of the council or board of aldermen may be proper to enforce, by execution against the property of the defendant, or imprisonment of the defendant, the collection of all costs and fines imposed by such court as herein created and established, and shall also have power to adopt such rules and regulations concerning the practice and procedure in such court as said council or board of alder- men may deem proper, not inconsistent with the provisions of this chap- ter nor other law of this State; and, until the passage of such ordinance, all rules and regulations of such city, town or village now in force concern- ing the municipal courts therein, and the enforcement of collection of fines and costs imposed by such court, shall be applicable to the court hereby created and established. (Art. 912.) Sec. 31. Fines and Costs Paid Into City Treasury, Etc.—All costs and fines imposed by the said court in any city, town or village, in any prose- cution therein, shall be paid into the city treasury of said city, town or village, for the use and benefit of the city, town or village. (Art. 913.) Sec. 32. Costs to Be Collected as Provided by Ordinances, but Not Greater Than in Justices’ Courts—There shall be taxed against, and col- - lected of, each defendant, in case of his conviction before such. court, such costs as may be provided for by ordinance of the city, town or village; but in no case shall the council or board of aldermen of any such city, town or village prescribe the collection of greater costs than are pre- scribed by law to be collected of defendants convicted before justices of the peace. (Art. 914.) Sec. 33. Jury and Witness Fees, and Enforcing Attendance of Wit- nesses According to Code of Criminal Procedure—The provisions of the code of criminal procedure, now in force regulating the amount and col- lection of jury and witness fees, and for enforcing the attendance of witnesses in criminal cases, tried before a justice of the peace, shall, so far as applicable, govern and be applicable to the trial of cases before the corporation court herein created and established. (Art. 915.) Sec. 34. Judges May Punish for Contempt as County Judge; May Take Recognizances, Admit to Bail, Etc., Under Rules in County Court—The judge of said corporation court shall have the power to punish for con- tempt to the same extent and under the same circumstances as the county judge may punish for contempt of the county court. He shall have power to take recognizances, admit to bail, and. forfeit recognizances and bail bonds under such rules and regulations as now govern the taking and for- feiture of the same in the county court. (Art. 916.) Sec. 35. Process How Served; Defendant Entitled to Notice of Com- plaint, if Demanded—All process issuing out of said corporation court shall be served by the chief of police or any policeman or marshal of the city, town or village within which it is situated, under the same rules and regulations as are now provided by law for the service by sheriffs and constables of process issuing out of the county court, so far as the same are applicable. But each defendant shall be entitled to at least one day’s notice of any complaint against him, if such time be demanded. (Art. SL ie) Extracts from Code, Procedure fi! (CODE OF CRIMINAL PROCEDURE OF 1911.) Sec. 36. Warrant Issued by Mayor, Directed to Whom—Warrants issued by a mayor or recorder are directed to the marshal or other proper officer of the town or city where the criminal proceeding is had; but in case there be no such officer the process issued by a mayor or recorder shall be directed to any peace officer within the city, town or county, and shall be executed by such officer. (Art. 967.) Sec. 37. Warrant Issued by the Mayor, Etc., May Be Executed, Where— When the party for whose arrest a warrant is issued by a mayor or re- corder is not to be found within the limits of the incorporation, the same may be executed anywhere within the limits of the county in which such incorporation is included, by the marshal or other proper officer of such town or city, or by any peace officer of such county, and may be executed in any county in the State under the same rules governing warrants of arrest issued by a justice of the peace. (Art. 968.) Sec. 38. The Mayor’s or Recorder’s Docket; What It Shall Show—Each - justice of the peace,-mayor and recorder shall keep a docket, in which he shall enter the proceedings in all examinations and trials for criminal offenses had before him, which docket shall show: 1. The style of the action. 2. The nature of the offense charged. 3. The date of the issuance of the warrant and the return made thereon. 4. The time when the examination or trial was had, and, if the same was a trial’ whether it was by a jury or by himself. 5. The verdict of the jury, if any. 6& The judgment of the court. 7. Motion for new trial, if any, and the action of the court thereon. 8. Notice of appeal, if any. 9, ‘Fhe time when and the manner in which the judgment was enforced. (Art. 969.) Sec. 39. Certified Transcript of Docket to Be Filed with the Clerk of the District Court—At each term of the District Court each justice of the peace, mayor and recorder in each county shall, on the first day of the term of said court for their county, file with the clerk of said court a cer- tified transcript of the docket kept by such justice, mayor or recorder, as required by the preceding article, of all criminal cases examined or tried pefore him since the last term of such district court; and the clerk of such court shall immediately deliver such transcript to the foreman of the grand jury. (Art. 970.) Sec. 40. Who Are Peace Officers—The following are “peace officers”: The sheriff and his deputies, constable, the marshal (chief of police), constable or policeman of an incorporated town or city, and any private person specially appointed to execute criminal process. (Art. 43.) Sec. 41. Duties and Powers of Peace Officers—It is the duty of every peace officer to preserve the peace within his jurisdiction. To effect this purpose he shall use all lawful means. He shall, in every case where he is authorized by the provisions of this code, interfere without warrant to prevent or suppress crime. He shall execute all lawful process issued to him by any magistrate or court. He shall give notice to some magistrate of all offenses committed within his jurisdiction, where he has good reason to believe there has been a violation of the penal law. He shall arrest offenders without warrant in every case where he is authorized by 8 Ea«tracts from Code, Procedure 4 law in order that they may be taken before the proper magistrate or court, and be brought to punishment. (Art. 44.) Sec. 42. Peace Officer May Summon Citizens to His Assistance— Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citi- zens of his county to overcome the resistance, and all persons summoned are bound to obey, and if they refuse are guilty of the offense prescribed in Article 245 of the Penal Code. (Art. 45.) Sec. 43. Persons Refusing to Be Liable to Prosecution—The peace officer who has summoned any person to assist him in performing any duty shall report such person,.if he refuses to obey, to the district or county attorney of the proper district or county, in order that he may be prosecuted for the offense. (Art. 46.) Sec. 44. Officer Neglecting to Execute Process May Be Fined for Con- tempt—If any sheriff or other officer shall wilfully refuse, or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process, which it is made his duty by law to execute, he shall be liable to a fine for contempt of not less than ten nor more than two hundred dollars, at the discretion of the court having cognizance of the same, and the payment of said fine shall be enforced in the same manner as fines for contempt in civil cases. (Art. 47.) Sec. 45. Arrest Without Warrant, When—A peace officer, or any other person, may, without warrant, arrest an offender, when the offense is com- mitted within his presence or within his view, if the offense is one classed as a felony, or as an “offense against the public peace.” (Art. 259.) Sec. 46. Same Subject—A peace officer may arrest without warrant when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate shall verbally order the arrest of the offender. (Art. 260.) Sec. 47. Municipal Authorities May Establish Rules for Arrest Without Warrant, When—The municipal authorities of towns and cities may establish rules authorizing the arrest without warrant of persons found in suspicious places, and under circumstances that reasonably show that such persons have been guilty of some felony or breach of the peace; or threaten or are about to commit some offense against the laws. (Art. 261.) Sec.48. May Arrest Without Warrant When Felony Has Been Com- mitted—Where it is shown by satisfactory proof to a peace officer, upon the presentation of a credible person, that a felony has been committed, and that the offender is about to escape so that there is no time to pro- cure a warrant, such peace officer may without warrant pursue and arrest the person accused. (Art. 262.) Sec. 49. In All Such Cases the Officer May Adopt Same Measures As, Etc.—In all the cases enumerated where arrests may be lawfully made without warrant the officer or other person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, as provided in this Code. (Art. 263.) Sec.50. In Such Cases Must Take the Offender Before the Nearest Magistrate—In all the cases enumerated in this chapter, the person mak- ing the arrest shall immediately take the person arrested before the mag- istrate who may have ordered the arrest, or before the nearest magistrate where the arrest was made, without an order. (Art. 264.) INDEX TO Extracts from State Constitution, Etc. ANNUAL REPORT— See Treasurer. ARRESTS See Warrants of Arrest; Peace Officers. ARMS— ISO (SOL sO MZene UO. Dea baat erok tn okic ena ee eset. pel tt ASSEMBLIES RISB OD GIbIZeta CONASS INDIE mae yc eal bac woes a os le wetter. BATL— All prisoners .bailable, except for capital offenses.............. HC Geass iviewiTO te. COmsDeacec til ne Gmmmmea mat ater t tifa yr a Shred we eye le BILL OF ATTAINDER— INTE BOE EU CUSS CCl ts Wayne Mak Geran LE real mes Ale one 5) ey ee eee BILL OF RIGHTS— See Sections 1 to 9. BRIBES— ° See See. 2, Art. 16, State Constitution. CITIES— See Municipal Corporations. CEPDY ATTORNEY. — See Corporation Court. COMPLAINTS— See Corporation Court. CONDEMNATION— See Property. CORPORATION COURT— GUEA CLO EO iamoyiet caw Ta eee af eke ARLE Cos: ative’ os ogc oue os Sic ale cromttantisel ats SUAS OEE LO ne O lee ah rte ae erase ae hoe oo Sas coe hig emer teats Sal ILO ste pepsin eth wad fb cies oP Ryden SCD NIM cong ai cs aie 2 or LAr ake Boots Barb eae Deaksesiia bln wea ab CACM eC Gig CIA RaCere ic sche soc a\cte shale caelatab el paten der aay Complaints in, how commenced and concluded. .:::. 0.2.02 240..% CitveLttocners tOxpROSECULECHMiceeate-: flerclcesMelorsds tote nice Wehcs koabeimeltote Matte County Attorney may also prosecute in, but no fees........... Gl els ae Co RE aie ce 0 8 Section [oP Oo bo = bo DS bo bk po DS be memo MmmAmD City Council to’ prescribe rules of practice; ete... ). 5... ...«. eels cy metas 30 City Council to prescribe rules for collection of fines and costs...... 30 All fines and costs imposed by, to be paid into City treasury........ 3 Cosistiaxecd topberprovideditby OTGiImanGen hy wurde: aletuceeiee crane a> aileisitan, « 32 Costs insnet to-be greater: than in Justice’s Court. 3.00. e oe ale 32 POEL We Set eee EIST G he o.t fisia c's aceasta eae ee aes 3 mc OLeimn Ss ApteNnOanGer Of switieSSeS 2.) Sng ory cise. oie oe eee. ehaveithanskenel Greks, orabens 3 JIMA Ler Of eA Veep CS ie t-OINE COMET P Cp VOW stus cues le alnw tee tieal aeapreetiesile) ayia ee ove 34 Judge of may take recognizances, admit to bail, etc................. 34 Defendant entitled to one day’s notice of complaint, if demanded.... 3 Warrants 1S Sieds DynsGirecteG: EO. WIHOM 3 wt olershereteree are e ve we elevate eee a 36 Warrants issued’ by, Jnay be executed where). ae oe ee ene 37 FVECORG Clee COLI EEDI GOGH EUs: tee ta che ls Wiehen cielo cao lauaieial tate rahe Gentine eat sMasever Rie, tare 38 FWY ACLOCK beso LIM ShiOmiaiecitnn e tescetetel are arte ad opeanc mare Stel eels shalt tie PRaaas oe ly tena Bis 39 Certified transcript of docket to be filed, when and where............ 40 CORPORATIONS, MUNICIPAL— See Municipal Corporations. ° CORPORATIONS, PRIVATE— POW erelontax cien shall note bewSsuspemad ed) CEG ta vrs; buses che cis elect esa, 13 Municipal corporations shall not become stockholder in, etc......... inti Municipal corporations shall not make donations to, etc............. a7 COSTS— See Fines and Costs. DEBTS— ; Legislature cannot release, etc., debts due municipal corporations... 11 Shall not be created without provision for payment of interest and : rane ee 8 CLVCAM OES tees TK LI Si CLEN Cohasset «, b'aP oly Sak ues Caters LG’ oy shin lcties a, iets) sired a ¥, ce. oils ii Index to Extracts from State Constitution, Ete. DOCKET— Section See Corporation Court. DUELING— See Oath of Office. EMINENT DOMAIN— See Property. EX DOULION— See Municipal Corporations; Corporation Court. EX POST FACTO LAWS— Shall not be made FERES— County Attorney not to receive fees in Corporation Court City Council to prescribe rules, etc., for collecting, etc FINES AND COSTS— MxGCessive fines shall not bem mpOse dae meter meee erate City Council to prescribe rules, ete., to enforce collection of......... City Council may by Ordinance provide for enforcement of collection by-execcution arainst property Ofeaerendanit ie oe iis eee eee City Council may prescribe rules, etc., to enforce collection of by im- prisonment ot defendant sce. sesso cre ee ee een ee ete ieee ae ee All sto: ‘be paid. IntovrCity treasury Rus one eecdee en heeete seen eens ene ana ee Costs to be provided by Ordinance, not greater than in Justice’s Court FRANCHISES— See Special Privileges, etc. INTEREST AND SINKING FUND— See Debt; Taxation; Treasurer; Municipal Corporations. JURY AND WITNESS FEES Sanrevas 7 1n sd WStieers: COUT ta ccs ee erotic ee sen ee te ree LAWS— Merislature alone has pow erelovSUSPen Cae nec. cay nie het cen esos ener ne: ments MONOPOLIHS— Shallineyervbes allow dian shart ccc clare bine wr oe eenees at arene ee eee eareees Bit. fre MUNICIPAL CORPORATIONS— Irrevocable grants of special privileges, etc., shall not be made...... Perpetuities and monopolies shall never be allowed J RRR SIRE b Mya? Go Seas Sate INO: DOW EE LOCSILSD CMU Gta WeSia seine cco oie iat cc cnietee Cena aena ome Lan Puree a ere Ac rae Shall not grant extra compensation, etc., to paBle OMVGers2et Cael asses Power to tax corporations, etc., shall not be surrendered, etc........ Waxes: Shall bevequal Andeuni lor acs. ated ona ieher ce cr iher atone ieee naar ete Property and incomessorenot subyece cOptaxallom we.) hee ieee ey kere nae Occupation taxes, shall be,equal and umit Ormiy-etG-o were etree eis © aecens Occupation taxes levied by, shall not exceed one-half that levied by Startle ei a Se es eer ey Ses eat en Te sor ies RAO etree ik nov iaa hl Bele cena ly ai pgae Railroad property shall bear proportionate share of TESOS Era ook. teretawals Shall not become stockholders in or make donations, etc., to private COLDOLACION Sy. io eee eee che ae aide tonal eres Pod-o-s te een cite eae Rares cleo eine ate: Having more than 5,000 inhabitants, may by majority vote adopt, ETtE5s Charter tee Wes eke heaton ie tap ean cists eet clears: este Tome asf aan ae arene REO Gea eet 0079) \0) Ae) a ye 58 10) See OF ege, 6 6)ce ke eye Cue 1b enV elsb na v6 Unie 0) 'akené i5) wish ers sh: 6) <6? ste elle 2. 10 Pee uM eh! ewe ce 2 phe: oii0, ie (0\76 ‘60; » 0% 6 Shall not levy tax to exceed two and one-half per cent taxable values Debts shall not be created without provision for payment of interest ANGHCFEATIONGO L SINKS nt UT Oleetiiehs career oc sepieslie ct aaie cea etw inant Sere enya ae Charter shall not be altered, etc., oftener than every two years...... May levy, etc., taxes necessary to pay interest and provide sinking EUTIAYNELCIS ken oes, cha het Se aware bal we ae Laas Vo..a terion eeneniat sy obec oh eee MEI Pee eRe ee eR Shall be levied separately from those for current expenses.......... The act levying shall: specify. thespurp OSes. .: cuicinus ae ehetcdeds ice ven wee eueenrae Such taxes may be paidin’ COmpons; AOtG:. wre selelene Pete orbs ebaicue tea oneniene ie ie Property of shall-be-exempt ‘from forced sale etc. i... se aces May, bec constituted*independent school GiStrictis mac... ac eile sien cteree: Taxes for support public institution of learning may be levied, when May establish rules authorizing arrest without warrant............ OFFICHRS— See Municipal Corporations; Peace Officers; Oath of Mffice; Cor pora- tion Court. PEACE OFFICERS— WT ORATION A eR Ie 2 Sed ASS coerce tears este Rent ais ae See Cee re Seem ea ean Duties ka nd pOW-CLS* © Leicsssiay~ Cae oe eee ee es Te ene ea aces MAAVAISUIMMON- CLeIZeENnsS tO WIS JAS SUSTATUCE her te cin nisin nei seen mete teem ictene le Persons refusing to assist, liable to prosecution............ ecieerae at tins Neglecting to execute process, may be fined for contempt........... May larrest withoutiwarranty WH eriactaecetcer ate che Rel ceee ae A meta tse Index to Extracts from State Constitution, Etc. iii PEACE OFFICERS—(Continued)— Section Municipal authorities may establish rules for arrest without war- MetTL COWL ie Tine arseko see ounl alata hetan leeiter acest crat su sect ok fetal sme tectlecet alder & dtelo steele ai Selena 47 May arrest without warrant when felony has been committed....... 48 Measures which may be adopted in making arrests without warrant. 49 Where Ofengders arrestedsmust. DG! taken on wecteiaie odie cua lic ds cues 50 PERPETUITIES— SHAMATEVEE DES aL Owic Camansel sitar twee cleat ote Lok seme hone nelle mena) or Raden enema Nhe ale iaure 7 Irrevocable, etc., grants, special privileges, etc., shall not be made... 5 PETITIONS— Git ZeNnSe Mans DeliLlOny LOT FEO KESS VEL Gu ie ay utah srsd teem he wget Mice 8 PROPER TY— Shallenotspe taken, 6te,,-without compensations...) tect co es + hele SB Compensationemust-be fivst madewswilenytalcen occ a ver clos athe eles 5 SUI CCUMEO AMAL LOT parapet olay sce a Cer cuss Hee eae oie are cake tn sale ates wee dear 62 14 COLDOLATe SU DIJECty TOMEAX GALLON Ge een Nee a iedelcie s aiccene cathe abiWiue cuaseree dees £3 isto Sucay ons Kan aves om May aay ely Gen aa Oliver ey nue aus ty ic can cos ORG DAS REE Cato Se Diao She en Cee ge a 05 EaNroad shall spear proportlonatversiarercor Waxes) ci ear) ais eee a a) 16 Places Geen pte ti OMe LAX a lL ON rai Sens sae eae sc mcmerersne es weaet Poise wee. cre ee ahel 20 PUBLIC PROPERTY— See Property. | RAILROADS— IeTOVer iy Olea OCC lee Or Calce tL O ln leactaren eeearai nen alee she sete: oy at eerste Teele. Motel ailatws sats 16 RECORDER’S COURT— See Corporation Court. RETROACTIVE LAWS— titer Mere © Gere TNL CL Shopseewe cect wcaliat cc oicccenaitucen Rene mCR enon nav eneMeitehn dcr chay oes faceone ts ioe 4 SCHOOLS— A Legislature may constitute City independent school district......... 21 Two-thirds of taxpayers must vote for tax levy to support public AOStICU LOMO LCA GIVI ote CLC 3 hain sek ten evaneatarct onset adele s sVe.ohiiciece «7s le oleiehe, 21 SEIZURES AND SEARCHES— Dhespeoplershalleve: freer Crom: UNTCASONA DIC a sl eciers clears acetone, atiane lave ate 1 TAXATION— See Municipal Corporations; Corporations, Private; Property; Rail- roads. iPower. to tax) corporations shallb not ber Suspended, Ct@. sae. e ec = £3 Phares Shial haperecral ar Oe Uri OLIN aaeter etter tect ele soe tie) Goes) reid) eilelaliscere hie «ls ors 14 Propertyeshalian cota xed nine pro pOrtiO1 tO wv LUOsi: acces “occ e's, 2 BLUES. nc teh meh yee aan het 44 eet Vea Gr Pep oe chain a eraieee rake! wiiiep ate. byes. d!e clave eats AT Bee DAD yar Hi be Meo eA atten lok ie rel ones ceo chase na «© balerd © ecw So SL CN bees Cl Pap Paro certat cnt echt ie Wer aru wis sian a clv'C od sa) dow ogee a are 55 Peete Hiei MEE Sane s users Ge ae Phe ha hee ee Bae 58 eee TC OMA CTIN OPN Ettinet se cme rain oace Stila vale a ete news 60 Meson le HUMe DIN OM CIN poe mmc ney ey aoe e fees Cite, Sree Seas e Gad dpa.s ecb le 70: Pee TT TL Cod kG) Nats Ree AR Sree ets Lea: So 5 Sas Se dacile ca teleh 6b ob e'S bende. 71 lees (FEAL TEL Ue UES at BK ict Seer ede eh Lees ara ales ee wala Ree Sis Kas (pe eames CaN ch Verh SIM Ore ate et at Scab HE Non Gala, Pvsuaiacece «aie ow sto 8 13 14 — WG RCA LD E RAR EM PN ol fe Seige Seance ee 3 Bee OA ULOMCUC. pee faves ol sip ote wine oneras Psi vin wht 4 iso! opel bens oes 83 See ALE SU LC CUR LCI 6 OUG rare aries Cea aks, da@llcr el eee wrod easle bes 83 See OMSL Cel OU EAC LO ie Mie tant Cine eds clea Sate ole ate e Lae 85 15—ENGINEERING DEPARTMENT............00000000% 98 TMU OA CLOW OL OC LSI UOL Gon ciate teeters ath: on coke ole Fe otdlale alececss 98 eo ITC SMEOLC r- CTLCO La CLC a Rida cach nia: sbitd sik yok a wleecone G waved 99 De LLVCY Sis UE WLOIG LN GUC. Ue cie arhate es alt ho rece el ¥ xp a).6) 4s 103 16—EXPLOSIVES, INFLAMMABLES, ETC............. 107 t= NItT ou Cellulose. WHMIS.) tic See ses e ticle Pm RRS ie a eae LOG 2—Gasoline and Other Volatile Inflammable Liquids...... doa ee U CUED IED LCL Ce ee Er oho car etatns eee Ny too rec ele eo itac as ks eet ELIA a Cee oO Ree Tees cera eee 3 Pts wae I A A tnre 115 ar GE AIROOULS ni teatt ahs ire anche cic aahc ete he oe Nee thy oobia Babs othr 6a 118 Ree et pet) Mae ALE DV POINT ek) cle aaa hg Mena Ceo avai ogo en a wins 122, deco CDEC Demet Ato RDA ye ease ho ee a ova cay wee 131 Pe AT oe BA Ey LIME EOIN Te soe ototamcan ded rca eltgue' Advisory: Bourdxto (lrustees\"elG..2 on rae. ee eee eee 304 2-—Generals Provislons swat sc cick ook cnc ee en anes eee 305 CHAPTER. 38—PUBMICT UTA TLES oc: cto sis oi tenet elo ees 310 Artiele .1—-Publichservices Commissioner... 2. sermon cone 310 AGES ie Be of Bois tar cake eames Sip S20 A. Se ae A a 314 o— Mlectric gaia trang shower. tiates cast op ece ae: aie eee ae 319 4—Pelephohesss.S. atocbseats Se aaron ek ae aie cee 324 CHAPTER 34—PURCHASING AGENT............ ie fave Sis ei pain ea tee oop GHAPTERY,352-R ALLWAYS on ee ec ee er ee 338 CHAPTER 36—SALOONS, REGULATIONS, ETC................06.% 350 GHAPTER 387—SHEWERS? PEUMBUNG SEH EOs aie aencene tees cree ater ort Artigle -1-—General * Provisions srt cau eit ertintdn eee eaters ede eiteatieae Sta CHAPTER CHAPTER Article CHAPTER Article CHAPTER Article CHAPTER Article CHAPTER CHAPTER Article CHAPTER Article CHAPTER Table of Contents fi Page 38—SOUTH TEXAS FAIR AND EXPOSITION COM- CESS COIN sie mei ale ea eee ee ah PRON rare a ODS siete 3 396 39—STEAM BOILERS AND ELEVATORS...........00.. 398 I—Boier and Mlevator Inspector, 6tG.c sn etresis +514 © soos 398 2—Board of Examiners of Stationary Engineers......... 405 eee ryt fr by EA lry WAY Oc dan oe eicde oe ote ice cee hs 408 1—Construction, Maintenance, Repairs, Operation, etc.... 408 at Ae ae TAN GLOTS nu these ee Pe re rer eee ate) ofecate andl 418 Biers boku rouk bye o ee Ly Wo bal Bik Che cits Mie? cite een iets noo eer oe 422 ea OLLIE CL Oii ert ean ok A een rcs Me UN ida. heats wee. actus! « 422 Za OOMStHUCLiOnc? MePalrs, ClE Tora feck oes Loa oes ekas 434 OD SER ILC CIOL iw hake et chad, Bia ah axed MRR oR eae ates a cites ch evs 445 Be PAIMATITIO SS ELST. CLG io cat Ov ich ol haem te ata ee ate I Pee’ anole 449 EY EET se Neda gr ls Pela an a ate Ol ea TS cen aC”) Aor ts eh Creede Ve ts 456 Uisomr SEL MISO SEEN Set rere srcra cd Acree ye Ae eA LO ed Ln a 459 Peer ED CRee SUE COL J ie Paid a ct Cann aie leeittec hey eae tetaa les relies 463 Ger EISCOLLATNEO (Suse cor cats) Mane, 2°, vt wo Meher er ere at pte mate er steka mbad com. oie 473 ee ure AON 2 ACA TON section wie ain os cleat slelaaabe gs 480 earn Ge Gal PRR ESL Tent ete ON Se MCN oa veda of Pee ah xet ost? oe MAE ah en Pie wR 480 NCCU LOUD areatd 6a) hee ate seerlersy Sado 8a 2b tile We ha ak Pupetelaba teh ear tate 481 ee CCU TEI OLE? OlaLCITOR pas, os ccd ae igh shatter etn sy hohe: comedy Vic ae 488 Pee OS ROL Ale (OLIECLOM «5 che 4-teev ate anon 4 fiata artaa oon ace olavelte 495 Be Kena ition: ASSESSINENT, GUC. Fire cule o ale a sr csed oe ess a ols aby oe 498 eC LTO VON ES A RA AM Poa ons sh ee Ney ata eta Suk Seer es chakarerihe Weer are tas 508 ea OLLI TN EE ch SAMA LLOETICY face. 0 ne gs wate ake ce ars fond a ctotnyy 510 Ram CIOLETE CLC ROLE ay tc, Norarih ctrcfiak cc praise & Seat sek ehal noe sis bara ee ahegede mh Oa able 511 PS MiSrellaneOus.: EFOVISIONS «:..o8 6 ane wae boo slewlegelee ss caer 515 See N oy OP EEO LUE Ts ea teh oro. g Grete Geet alet aad yrelahely cw. alec ety plas 520 Bee eI PLL Pe nee Wi oy eer BL ek cons wea. op oh? oh tk oh Seareh tian 2, odd ¢ aoekrigshey 522 Te OSULO Ler CLG eee fern h easel pies, da) wav ehe Soh cake a aasing” Meas cae whel at's eas 522 ECE UAE LOT Pe EO Bart ahs ant ke ef oy ab hd choi fe OAPs Ries & Shee, ays 525 3—Construction of Laterals by Individuals....:......... 540 S5—— WRG Ee ES AND -MBASURES.. ac cltresiioeeid of ke theca ears 545 Pees LILLE nee ee Nees RN nN, a Sg th ata te Oa Mey oiadeneD Lee: eek 545 De AIS A Se ANOS VLCASUTES.. «crac. als nle csaleve tes co rchetel sivello Mutteicut ist aaah 548 RES OCC IUICPALULOLES Dales: OL. cw o cshes< oa hate ete as nea. Gelele 552 4—General Provisions, Fixing Penalty, etc.............. 556 BU ep UNE latace artis «cited a oe edie vie ns ede le ness Sere eral « 558 AN ORDINANCE adopting and establishing a Revised Code of the general ordinances of the City of Houston, except- ing ordinances covering the certain matters herein ex- cepted, and declaring an emergency. Be It Ordained by the City Council of the City of Houston:— Section 1. That the following chapters, articles and sec- tions shall hereafter constitute the revised code of the general ordinances of the City of Houston, civil and penal, excepting those ordinances covering those certain matters hereinafter specially excepted :— CHAPTER I. Amusements—Regulations, Etc., Concerning. Article 1.—Moving Picture Machines. 2.—Moving Picture Shows and Rooms. 3.—Theatres, Etc. 4.—Board of Censors. cagoreteenes | Dai ed. 2 Bs Ba 3 ARTICLE AL MOVING PICTURE MACHINES. Sec. 2. Definition ‘Picture Machine’—By the term “nicture machine,” as used in this article, is meant any ma- chine or device operated by or with the aid of electricity adapted and used to project upon a screen or other surface picture, representations of any character which the public are admitted to view upon the payment of admission fee or otherwise. (Sept. 18, 1911, Ord. Bk. 3, p. 52, Sec. 1.) Sec. 3. Picture Machines Must Conform to this Article— That no picture machine shall be installed, maintained or oper- ated within the City of Houston except in conformity with the provisions of this article,: provided that nothing in this ordi- nance shall apply to picture machines installed and operated in theatres or opera houses constructed in accordance with the building ordinances of the City of Houston. (Id., Sec. 2.) Sec. 4. Enclosed in Metal Booth—Every picture machine installed, maintained or operated in the City of Houston shall be inelosed within a metal booth, the frame of which shall be composed of angle-iron not less than one inch by one inch by one-eighth inch (1x1x14) properly braced to secure rigidity and securely riveted or bolted at the joints, and every such booth shall be sheathed and roofed with sheet-iron of not less than No. 20, B. & S. gauge, or with one-fourth inch hard as- bestos board, in either case to be securely riveted or bolted to the angle-iron frame. The booth shall be floored with sheet- iron of not less than No. 20, B. & S. gauge, or with one-fourth inch hard asbestos board, in either case to be securely riveted or bolted to the iron frame. (lId., Sec. 3.) Sec. 5. Non-Combustible Material to be Used in Construc- tion, Fixtures, Etc.—Al]l shelves, furniture and fixtures with- 10 Revised Code of Ordinances in the said booth shall be constructed of non-combustible ma- terial and no material of any sort whatsoever of a combustible nature shall be permitted or allowed to be within such booth except the films used in the operation of the machine and the machine stand, which may be wood, covered with asbestos or metal. (Id., Sec. 4.) Sec. 6. Ventilation of Booth—-Each booth shall be pro- vided with a metal pipe not less than six inches in diameter for ventilating purposes, and the said pipe shall project through the top or side of the booth and be extended outside the roof or outer wall of the building within which such booth is situated. (Id., Sec. 5.) | Sec. 7. Entrance Door to Booth; Construction, Etc.—The entrance door into the booth shall be no larger than two feet by five feet (2x5) and shall be of same construction as booth, and so arranged as to close automatically either by means of springs placed on the interior and riveted to the framework or by metal rope and weight attachment. The two latches of steel shall be provided, one twelve inches below the top and the other twelve inches above the bottom of the door; the latch bars shall be so connected by metal rod that one operation opens both latches. The orifice or opening for the operator’s view, through which the picture is thrown, shall be no larger than 12x12 inches, and shall be provided with a gravity door of the same construction as the booth, which door shall be held down by fusible links placed in series with fine cords, so ar- ranged that one of the links is suspended directly over the film when in the slide of the apparatus, or shall be so arranged as to be closed except when held open by pressure of the oper- ator’s foot. (Id., Sec. 6.) Sec. 8. Electric Wiring, Switches, Exit Signs—AlII electric wiring in the booth must be provided with non-inflammable in- sulation, each lamp connected with a picture machine must be provided with separate switches located within the booth. There shall also be located within the booth a switch controlling the lights in the exhibition room. There shall be provided a separate system of lighting controlled by a switch located in the ticket office or other convenient place outside of operat- ing booth operating fire-signal lamps, and there shall be one such lamp placed at each exit, with a transparent sign. Said sign shall be marked “EXIT” in letters not less than five inches high. The location of these signs shall be determined by the City Electrician. All electric wiring within the booth or ticket =. “) ~~ of the City of Houston eh: office or exhibition room must be done in accordance with the National Electric Code, to the satisfaction of the City Electri- cian. (Id., Sec. 7.) Sec. 9. Incombustible Magazines, Condensers, Films Not in Machine—All picture machines shall be equipped with in- combustible magazines for receiving and delivering the film during the operation of the machine. A shutter must be pro- .vided and placed in front of the condenser of each machine, so arranged as to remain closed until held open by pressure of the operator’s foot, or other approved device that will insure the immediate dropping of the shutter when operation of the machine is stopped. The films not in the machine shall be kept in metal boxes with tight fitting covers, within the booth in- closing the machine. (lId., Sec. 8.) Sec. 10. Operator Not to Be Under 18—No person under the age of 18 years shall operate or be permitted to operate any picture machine within the City of Houston. (Id., Sec. 9.) Sec. 11. Machines, Prohibition as to Installation, Etc.— No picture machine shall be installed, maintained or operated in any building that does not abut directly upon a street, ex- cept on the roofs of strictly fireproof buildings as hereinafter provided, nor shall any machine be installed, maintained or operated in connection with any exhibition room that does not immediately abut and directly abut upon a street, except on the roofs of strictly fireproof buildings as hereinafter in this chapter provided. In exhibition rooms directly abutting upon ~ but one street the booth enclosing picture machines shall be placed at the end of the room which is opposite and fartherest from the street. In exhibition rooms located at the corner of and abutting upon two streets, or a street and an alley, the booth enclosing picture machine may be located at the end of the room opposite to and fartherest from either street or alley. (Amendment May 28, 1913, Ord. Bk. 3, p. 363, Sec. 1.) Sec. 12. Penalty—Any person, firm or corporation who shall violate any provision of the preceding sections of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof in the Corporation Court shall be fined in any sum not less than ten dollars. nor more than two hundred dollars, provided that each day such person, firm or corporation shall operate in violation of this article shall be deemed a sep- arate offense: (Sept..1, 1911, Ord. Bk. 3, p. 52, Sec. 14.) @ 12 Revised Code of Ordinances ARTICLE 2. MOVING PICTURE SHOWS AND ROOMS. Sec. 13. Permit for Show; How Procured, Etc.; Bond— No moving picture show or exhibition by picture machine shall be open to the public or operated in the City of Houston un- less a permit shall have been first secured from the City Coun- cil; that said permit shall issue only after an application made. in writing at an open session of said Council, which applica- tion shall be referred to the Commissioner in charge of the Fire Department for investigation, and said Commissioner shall report at the next succeeding meeting whether or not all ordinances have been complied with, and unless said report is in affirmative and recommends the granting of said permit the same shall not be granted. Before said application is re- turned to the City Council for final approval, it shall be ap- proved by the City Electrician and the Fire Marshal. That before said permit is issued the applicant shall file with the Mayor good and sufficient bond in the penal sum of one thou- sand dollars, conditioned that he will operate said exhibition or moving picture show in strict accordance with the ordi- nances of the City of Houston, and until said bond is exe- cuted and accepted by said Mayor it shall be unlawful to open or operate said picture show or public exhibition. The City of Houston reserves the right, and it shall be its duty, to cancel said permit and close up place of exhibition or entertainment whenever same is not operated in strict compliance with the ordinances of said city. All picture shows now in operation shall comply with this chapter, to the satisfaction of the City Council; provided, that any who do not comply herewith shall be deemed a menace to public safety and shall be closed up and discontinued. (lId., Sec. 12.) Sec. 14. Exits from Exhibition Rooms, Etc.; Other Ar- rangements—E very exhibition room directly abutting upon but one street shall have at least two (2) exits opening directly upon the street, not less than six feet (6 ft.) in width, and the curtain upon which the picture is projected shall be stretched across the end of the room nearest the street and so arranged that the bottom of said curtain shall be at least six and one-half feet (614 ft.) from the floor, leaving exit and entrance room beneath, and no seat shall be placed nearer than ten feet (10 ft.) to said curtain; and no such room shall ex- ceed fifteen hundred (1500) square feet of floor space to be occupied by sittings. of the City of Houston 13 Every exhibition room located at the corner of and abutting upon two streets, or a street and alley, shall be provided with at least three (3) exits, two (2) upon one street and at least one (1) upon the other street or alley, said exits to be not less than six feet (6 ft.) wide; and no such exhibition room shall exceed twenty-five hundred (2500) square feet of floor sur- face to be occupied by sittings. Exhibition rooms abutting directly upon three (3) streets, or on two (2) streets and an alley, shall not exceed five thou- sand (5000) square feet of floor space to be occupied by sit- tings, and shall have at least two (2) exits upon each of the three (3) sides adjacent to said streets and alley, respectively, said exits to be not less than six feet (6 ft.) wide. An open court leading directly to a street or an alley and not — less than six feet (6 ft.) in width shall be deemed an alley for the purpose of this section. All seats in any exhibition room for picture machines shall be securely fastened to the floor and shall be so arranged that there will not be more than seven (7) seats in a row, between aisles, and rows of seats shall be at least thirty inches (30 in.) apart. There shall be at least one (1) aisle through the center of the room, and said aisle shall be at least four and one-half feet (414 ft.) wide; and all other aisles shall be at least three feet (3 ft.) wide. All doors shall be arranged to swing outward and provided with approved fastenings. All exits and entrances shall open directly from the exhibi- tion room upon a street or alley. All aisles shall lead directly to exits and all exits shall be directly accessible to aisles. There shall be no steps or stair- ways at the exits and entrances of any such exhibition room or moving picture show. No. exhibition room or moving picture show shall contain any gallery or balcony, and no such moving picture show shall be located above the first story or the ground floor of any build- ing, unless the building is strictly fireproof, when same may be located on the roof thereof, provided it has a coping around it at least forty-two inches high measuring from the roof; and the exits and entrances shall be on a level with the sidewalk, except on the roofs of strictly fireproof buildings, as above provided. (Amendment May 28, 1913; Ord. Bk. 8, p. 363, Sec. 1.) 14 Revised Code of Ordinances Sec. 15. Penalty—Any person, firm or corporation who shall violate any provision of the preceding sections of this article shall be deemed guilty of a misdemeanor, and upon eonviction thereof in the Corporation Court sha!l be fined in any sum not less than ten dollars nor more than two hundred dollars, provided that each day such person, firm or corpora- tion shall operate in violation of this article shall be deemed a separate offense. (Sept. 1, 1911; Ord. Bk. 3, p. 52, Sec. 14.) ARTICLE 3. THEATRES, ETC. Sec. 16. Permit Necessary to Conduct Theatre, Etc.— That any person seeking to conduct any theatre or other place of public amusement shall first procure a permit from the City Council of the City of Houston. (Nov. 19, 1906; Ord. Bk. 2, p. Bol, meC243) Sec. 17. Application in Writing to Council for Permit; Contents—Said permit shall be granted only upon application in writing made to said City Council by the person or persons desiring to operate said theatre or other place of public amuse- ment. Said application shall state: (a) The names of all persons applying for said permit. (6) The exact location of said theatre or other public amusement. (c) Whether all ordinances and laws with reference to fire protection in theatres have been fully complied with, and, specifically, what has been done in this regard. (d) Its proximity to any saloon, either existing or in con- templation, and the character of business, or residence or occu- pation on the block in which it is sought to establish said the- atre or place of public amusement, and in the block in front thereof, and whether the owners and occupants of said two blocks object to the proposed theatre or place of public amuse- ment being conducted at said place. 3 (e) The character and grade of entertainment to be given in said place of public amusement. (f) The hours during which said place is to be kept open to the public. (Id., Sec. 2.) , Sec. 18. Mayor and Aldermen May Refuse Permit—It shall be the duty of the Mayor and Aldermen to investigate said application and inquire into all facts in connection with said proposed place of entertainment, and if in their judgment of the City of Houston 15 said proposed place of public entertainment is of such charac- ter as in any way to interfere with the preservation of peace, good order, tranquillity, public safety and good morals, or to affect injuriously the rights of the surrounding property own- ers, or their tenants, said permit shall not be issued. (ld., Sec. 3.) Sec. 19. Applicant Must Give Bond—-That before said permit shall issue, said applicant shall execute a good and suffi- cient bond in the penal sum of One Thousand Dollars ($1,000), payable to the Mayor of the City of Houston, conditioned only upon the conducting of said place of public amusement in such manner as to preserve order, tranquillity and public safety and good morals. (ld., Sec. 4.) Sec. 20. Ail Existing Theatres to Comply—All existing theatres and places of public amusement operating under a permit already issued shall apply for a permit hereunder and become subject to the terms of this article. (Id., Sec. 5.) Sec. 21. Penalty—Any person or persons operating a theatre or place of public amusement without first obtaining a permit as herein provided shall be guilty of an offense, and shall upon conviction thereof in the Corporation Court be fined in any sum not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), provided that each day said place is kept open without said permit shall constitute a separate offense, and provided further that each actor, at- tendant and person engaged in any way in giving said enter- tainment (other than the persons operating said theatre) in violation of the foregoing provisions of this article shall be guilty of an offense, and shall upon conviction thereof in the Corporation Court be fined in any sum not less than Ten Dol- lars ($10.00) nor more than One Hundred Dollars ($100.00). (Id., Sec. 6.) Sec. 22. These Etc., to be Provided With Exits, Etc.— That every theatre, opera house, or place of public amusement in the City of Houston, or building reconstructed to be used as a theatre, or for similar purposes, shall for the purpose of af- fording safe exit to the public in case of fire or panic, be con- structed in accordance with the provisions of this article. Number of Exits: Every theatre or place of public entertainment accommo- dating three hundred (300) persons‘shall have two (2) exits 16 Revised Code of Ordinances at least; when accommodating five hundred (500) persons, at least three (3) exits shall be provided. Width of Doors: | No doorway or exit or entrance for the use of the public shall be less than five (5) feet in width. Increase: And every audition one hundred (100) persons or portion thereof to be accommodated, in excess of five hundred (500), twenty (20) inches of additional width of exit must be allowed. How Opened: All doors of exit must open outward, and such doors shall not be locked or barred during any presentation or when the building is open to the public; and it shall be the duty both of the persons in charge of the building and also of those in charge of the particular entertainment, prior to the beginning of the entertainment, to carefully go over all the exits and see that the doors are unlocked and unbolted, that they open freely, and that the passageway from same to the street is clear and unobstructed, and the failure to do so, or the failure to have all of said exits unlocked and unbolted, and the passageways free and unobstructed, is an offense on the part of every person on whom said duty is imposed, and punishable under the terms of this article. Separate Exit: Distinct and separate places of exit and entrance shall be provided for each gallery above the first. One Exit, When: A common place of exit and entrance may serve for the main floor of the auditorium and first gallery, provided its capacity be equal to the aggregate capacity of the outlets from the main floor and the said gallery, and provided additional exits be made from the second gallery. Width of Stairways: | The width of stairways serving for the exit for the audi- ence shall be one foot in width for each one hundred (100) | people, and in no case shall the width of such stairway be less than five (5) feet. All stairways leading from the main auditorium shall be of fireproof material, where the building is situated within the fire limits. of the City of Houston Vi: Risals: In no cases shall the risals of any steps exceed seven (7) inches in height, nor shall the treads be less than eleven (11) inches in straight stairs. Landings: When straight stairs return directly on themselves, a land- ing the full width of both flights, without steps, must be pro- vided. Angles: Stairs running at an angle must have a proper jJanding at said turn, introduced with winders. Diagrams: A diagram of the theatre, showing all exits, shall be pub- lished in each theatre program, covering the whole of the front cover. Exit Signs: ‘And every exit shall have over the same, on the inside, the word, “Exit,” printed in legible letters not less than eight (8) inches high, and shall be designated by a red light. Or each exit may be designated by an eight (8) inch red globe con- taining a light, with the word “Exit” painted thereon in leg- ible letters of four (4) inches. Emergency Exit, Etc.: Emergency exit and doors in wall, not directly related to the main entrance of buildings of this class, shall be provided with space equivalent to twenty (20) inches for each one hun- dred (100) of seating capacity provided on each floor, gallery and balcony. Fire escapes shall be provided therefrom in ac- cordance with the provisions of this article. Buildings of this class shall be provided with exits on at least two (2) public highways. - Storage, Etc., Prohibited: Open space in corridors or arcades or other passageways are not to be used for storage purposes or for any purpose whatsoever, except for the several exits from the auditorium and stage, and must be kept free and clear during the entire performance, and any arcade opening upon streets or alleys shall be open and unenclosed at all times and free from all obstructions whatsoever. 18 Revised Code of Ordinances Auditorium Exits: From the auditorium shall be at least two (2) exits, unless one side is on the street, in which case there shall be more than two (2) in each tier, from and including the parquet and each and every gallery. Width: : Each exit shall be at least five (5) feet in width in the clear and provided with doors opening outward. Doors Not Bolted: All doors shall be opened outwards and must be fastened with movable bolts, the bolts to be kept drawn during the performance. Balcony Exits: Where a theatre or other public place of amusement has projections of a substantial character and unobjectionable appearance, and proper stairways therefrom shall be provided, this balcony projection for the different exit levels may be used - in lieu of fire escapes. In no case shall columns be placed so as to obstruct any passageway; and when in the fire district such balconies and stairways shall be of fireproof material. Doorways: Every opening or communication between aisles in the audi- torlum and any lobby, corridor or passage, shall have clear opening of not less than five (5) feet in width. Passageways: No passageways leading to any stairway communicating with any entrarice or exit shall be less than four (4) feet in width in any part thereof. Obstructions: All aisles and passageways in said building, devoted to said purpose of amusement or instruction, shall be kept free from camp stools, chairs, sofas, stoves or any other obstructions. (Mar. 30,1908; Ords Bhan: 461, Sec. 1.) Aisles, Etc., Kept Clear: No person or persons shall be allowed to stand in or occupy any of the aisles or passageways or the foyer or space in the rear of the seats in any theatre during any performance, service, exhibition, show, lecture, concert, ball or any other public assembly, and no ticket shall be sold by any theatre, manager, or person whomsoever, for standing room in any the- of the City of Houston inl 1.9 atre, picture show or place of public entertainment, but all aisles, vacant space in the rear of the seats or elsewhere, must be kept open and free from congestion of any sort. Any person violating the next preceding provision by stand- ing in the aisles, foyer or other vacant space during any per- formance in violation hereof shall be guilty of an offense and upon conviction thereof in the Corporation Court shall be fined in any sum not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and any person who shall sell a ticket for such standing room in any theatre, playhouse, picture show or other place of entertainment, or shall permit persons to stand in the aisles, and in the rear of foyer of such place of entertainment in violation of this provision shall be guilty of an offense and upon conviction thereof in the Cor- poration Court shall be fined in any sum not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). (Amendment May 15, 1911; Ord. Bk. 3, p. 31, Sec. 1.) Sec. 23. Concerning Buildings and Permits Contrary to Preceding Section—No building shall be constructed contrary to the terms of this article, nor shall any permit issue for the construction of any building contrary to the terms of this article, nor if issued shall same be of any validity nor afford any protection against prosecution to any person violating the terms of this article. (Id., Sec.-2.) Sec. 24. Penalty—Any person violating any of the terms of Section 22, where no other penalty is provided, shall. be guilty of an offense, and on conviction in the Corporation Court shall be fined in any sum not exceeding Two Hundred Dollars ($200.00) for each offense. (Id., Sec. 3.) Sec. 25. Unlawful to Construct, Etc., Contrary to Ordi- nance, Etc.; When Proper Permit Granted; Penalty—Should any person obtain a permit for the construction of a building in accordance with the terms of this article, and thereafter proceed to construct or have constructed the same, contrary to the terms thereof, or otherwise than as described in the plans and specifications filed with the City Engineer, such person, and every person working on said building shall be guilty of an offense, and on conviction in the Corporation Court shall be punished by a fine of not more than Two Hundred Dollars ($200.00) for each offense, and it shall be a separate offense in all persons for each day that said building is being con- structed, and it shall also be a separate offense in the owner of said building for each day that same is permitted to re- 20 Revised Code of Ordinances main constructed contrary to the terms:of Sections 22 and 23. (Id., Sec. 4.) Sec. 26. Buildings Not Constructed as Required, a Nui- sance—Any building constructed contrary to the terms of this article is declared a menace to the public safety and a nuisance and shall be abated. (lId., Sec. 5.) Sec. 27. Theatre Buildings Now Used, Etc., to Be Pro- vided With Exits; Offense—The owners or lessees of theatre buildings or other buildings which are used for purposes of public amusement, and in which people congregate in large numbers, in which buildings reasonably safe exits for the public in times of panic or fire do not now exist as prescribed by the terms of this article, shall provide such reasonably safe exits to the satisfaction of the Building Inspector of the City of Houston, and in doing so shall conform as nearly as practi- cable to the terms of this article, failing in which it shall be unlawful either in the owner of said building, or any other person, to use or permit to be used said building for theatrical purposes or other purposes of public entertainment, and the person so doing shall be guilty of an offense under this article and subject to the penalties hereinbefore prescribed. (Id., Pec, OF) ie Sec. 28. Unlawful to Smoke in, Etc., Any Theatre, Etc.; Penalty—That it is hereby declared unlawful for any person to smoke in or about any theatre, moving picture show, vaude- ville show, or other place of public amusement, and any per- son violating this provision shall be guilty of an offense, and on conviction in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Twenty- five Dollars ($25.00) for each offense. (Dec. 20, 1909, Ord. Bk. 2, p. —, Sec. 1.) — Sec. 29. Unlawful to Use Oil Stove in Theatre, Etc.; Pen- alty—It is hereby declared unlawful for any person or corpo- ration to use in any theatre, moving picture show, vaudeville show or other place of public amusement any oil stove or other movable stove which is likely to be overturned in any crowd or panic, and any person or corporation violating this pro- vision shall be guilty of an offense, and on conviction thereof in the Corporation Court shall be punished in any sum not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each offense, and it shall be a separate offense for each day that such stove is so used. (lId., Sec. 2.) of the City of Houston 21 Sec. 30. Stove to Be Used Must Be Approved; Penalty; Theatres, Etc., Now Conducted Subject—The owner, proprie- tor, manager or other person conducting or operating a thea- tre, moving picture show, vaudeville show or other place of public amusement shall, before using any stove or other heat- ing device or apparatus in such place, submit in writing an accurate description of the stove or heating apparatus intended to be used in such place to the Chairman of the Fire Commit- tee of the City Council of the City of Houston; and it shall be unlawful for such person or corporation to use such stove or heating apparatus in such place unless same has been so sub- mitted to the Chairman of the Fire Committee and has been approved by him before same is used. And it shall be a separ- ate offense for each day that such stove or heating apparatus or device which has not been so approved by the Chairman of the Fire Committee of the City Council is used in such place, and any person guilty of violating this section shall on con- viction thereof. in the Corporation Court be punished for each offense by a fine of not less than Twenty-five Dollars - ($25.00) nor more than Two Hundred ‘Dollars ($200.00). (Id., Sec. 3.) Sec. 31. Fire Extinguishers to Be Kept, Etc.; Penalty— Any person or corporation operating or running a theatre, moving picture show, vaudeville show or other place of public amusement where people congregate, shall keep and maintain in such establishment one or more chemical fire extinguishers as directed by the Chairman of the Fire Committee of the City Council, and on failure to do so shall be guilty of an offense, and on punishment therefor in the Corporation Court shall be fined in any sum not less than Twenty-five Dollars ($25.00) nor more than ‘Two Hundred Dollars ($200.00) for each of- fense, and it shall be a separate offense for each day that such chemical fire extinguisher or extinguishers is not maintained and kept in such place, after being so directed by the Chair- man of the Fire Committee of the City Council. (Id., Sec. 4.) Sec. 32. Unlawful to Sleep in Theatre, Etc.; Penalty— Any person who sleeps in any theatre, playhouse or house where spirituous, vinous or malt liquors are kept for sale shall be fined not less than One nor more than One Hundred Dol- larsvo (May 22. 1905. Ord. Bk. 2, p. —, Sec, 1.) Sec. 33. Exceptions to Preceding Section—The preced- ing section shall not apply to owners or proprietors of such places, nor to persons regularly employed therein. (Id., Sec. 2.) play Revised Code of Ordinances Sec. 34. Unlawful to Conduct Masked Balls, Etc., With- out Permit—That it shall be unlawful for any person or per- sons to hold or conduct, or for any property owner or tenant to permit to be held or conducted on their property, any masked ball or any dance or other public entertainment in which the persons participating therein are masked or otherwise dis- guised, unless a permit shall first have been procured from the Mayor of the City authorizing the holding of such masked ball or dance, and designating the time and place at which same is authorized to be held.. (Feb. 2, 1910; Ord. Bk. —, p. —, Sec. 1.) Sec. 35. Unlawful to Enter, Etc., Place Where Masked Bali, Etc., Held, Etc., Unless Permit Has Been Issued—It shall be unlawful for any person to enter a place where a masked ball or dance is being held or to appear on the public streets with a mask on, or otherwise disguised, going to or returning from any masked ball or dance, unless such masked _ball or dance shall have been duly authorized by a license is- sued by the Mayor as provided by this article. (ld., Sec. 2.) Sec. 36. Penalty—Any person or persons violating any of the terms of the next two preceding sections shall be guilty of an offense and upon conviction thereof in the Corporation Court shall be fined in any sum not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each offense. (Id., Sec. 3.) Sec. 36a. . Theatres Shali Furnish Clean, Etc., Programs— That the manager of every theatre or opera house in the City of Houston, exclusive of moving picture theatres used exclu- sively for exhibiting moving pictures, shall furnish clean and unused programs in sufficient number to supply each patron therewith at each and every performance given therein. (Mar. 19, 1914; Ord. Bk. 4, p. —, See. -1.) Sec. 36b. Penalty, Persons in Charge Theatre—Any per- son in charge of a theatre or opera house affected hereby who shall fail or refuse to furnish to each patron at each perform- ance therein a clean program, or who shall furnish or suffer or permit to be furnished to any patron of said theatre a dirty or used program, shall be guilty of an offense, and upon con- viction shall be fined not less than One Dollar ($1.00) nor more than Fifty Dollars ($50.00). (Id., Sec. 2.) Sec. 36c. Penalty, Employee or Usher in Theatre—Any employee or usher in any theatre or opera house affected here- of the City of Houston 23 by, who shall furnish to any patron of said theatre a dirty or used program at any performance therein, shall be deemed guilty of an offense, and upon conviction shall be fined not less than One nor more than Fifty Dollars. (Id., Sec. 3.) ARTICLE 4. BOARD OF CENSORS. Sec. 37. Creation; Duties—That the Mayor of said City is hereby authorized to appoint a Board of Censors consisting of three discreet persons, whose duty it shall be to investigate all such places of public entertainment as are immoral or tend to inculcate and promote immorality. Said Board of Censors shall serve without compensation for a period of two years unless sooner relieved by the Mayor. An itemized statement of admission fees paid by each member of said Board in the discharge of his duties herein shall be refunded by the City. GDecnL2 1910 Ord] Bie 3 p29, Sec. 1.) Sec. 38. Additional Duties; Reports and Recommenda- tions—It shall be the duty of said Board, either individually or in a body, to visit periodically all places of public amuse- ment and to inspect the character of entertainment therein given, or that is about to be given. And said Board or any member thereof is hereby authorized and it shall be his or their duty to notify the Mayor in writing of any place of en- tertainment that is immoral, or that tends to inculcate or pro- mote immorality, or that threatens, offers, or advertises to give any immoral or improper entertainment, with the recom- mendation that said place or places be closed up and discon- tinued and the permit to conduct same cancelled, or the threat- ened immoral or improper entertainment stopped. (Id., Sec. 2.) Sec. 39. Hearings Before Mayor on Reports; Action to Be Taken by Mayor—lIt shall be the duty of the Mayor to re- ceive and file said reports and to notify the manager or pro- prietor of said place of entertainment so reported, so that said manager or proprietor may be given a hearing before the Mayor as to character of entertainment, and if in the Mayor’s judgment such entertainment is immoral or improper, then and in that event he shall prevent the giving of said entertain- ment, and shall suppress same, and may cancel and annul the permit by authority of which said place of entertainment is operated. (Id., Sec. 3.) Sec. 40. Penalty—Any person who shall fail or refuse to close up and discontinue his place of entertainment after hav- 24 Revised Code of Ordinances ing been notified to do so by the Mayor, or shall operate his place of entertainment after his permit to do so has been cancelled, as provided herein, or shall give or participate in any show or entertainment, condemned by the Mayor, shall be guilty of an offense and upon conviction thereof in the Cor- poration Court shall be fined in any sum not less than Twenty- five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), provided that each separate show or entertainment given in violation of this section shall constitute a separate offense on the part of the owner or manager of such show or entertainment, and also upon the part of each actor or player performing any part in such show or entertainment.’ (Id., Sec. 4.) | of the City of Houston 25 CHAPTER II. Auditorium. Sec. 41. Creating Board of Trustees; Management and Control—That the municipal auditorium, belonging to the City of Houston, and located at the corner of Texas Avenue and Louisiana Street, shall be placed under the control, care and management of a Board of Trustees, to be appointed by the Mayor, for a period of two years from the date of their appointment; that it shall be the duty of said Trustees to take active management and control of said auditorum and to man- age same to the best interests of the City of. Houston, as their judgment shall direct. (Nov. 6, 1911; Ord. Bk. 3, p. 59, Sec. 1.) Sec. 42. Rules and Regulations to Be Enforced by Board and Manager—That in the management and operation of said auditorium the said Board of Trustees, and the Manager se- lected by them to have charge of said auditorium, shall be charged with the enforcement of the following rules and regu- lations: ; First: The driving of nails or tacks into any part of said building; the painting or staining of any part of said build- ing; the removal of parts, are hereby strictly forbidden, and said acts, or any of them, or any act that will mar, deface or injure, in any way, any portion of the said building, is hereby strictly prohibited. Second: That the said Trustees, through their manager, are hereby authorized to eject any person from the building whose conduct is such, in their judgment, as to demand said action. Third: That no smoking shall be allowed in the main audi- torium or assembly room of said building and that the spitting upon the floors, anywhere in said building, shall be and is hereby prohibited. Fourth: That all persons desiring to use said building for the purpose of public entertainments, at which an admission fee is charged, shall, before being permitted to do so by said Board of Trustees, enter into a written agreement with said Board, or a majority of the members thereof, and said con- tract shall stipulate the terms upon which said building may be used, and the time of each engagement, and shall expressly 26 Revised Code of Ordinances exempt and release said City from all damage of whatsoever kind, either to persons or property, which may accrue, and said contract shall fully apprise such persons desiring to use said building that they use same at their own risk. (Id, Sec. 2.) : of the City of Houston Plt CHAPTER III. Automobiles, Etc.—Regulation, Etc. Sec. 43. Automobiles, Etc., Must Be Registered, Etc.— It shall be unlawful for any person to operate on the streets and ways of the City of Houston any automobile or other mo- tor vehicle without first having registered his name and the number of said vehicle with the City Assessor and Collector of Taxes, and said number thus registered shall be at all times displayed on the rear end of said vehicle in Arabic figures not less than six inches in height; provided, that where the county registry number is displayed in a similar manner, it will be deemed sufficient for the purpose, and two registry numbers will not be required; provided, further, that no fee shall be paid said Assessor and Collector for registering said ve- hicle. (May 6, 1907; Ord. Bk. 2, p. 380, Sec. 1.) Sec. 44. Assessor and Collector to Keep Register—It shall be the duty of the City Assessor and Collector of the City of Houston, or such other officer as may hereafter be desig- nated for that purpose, to keep a well bound book, in which shall be entered a list of all owners of automobiles to whom numbers have been allotted, showing the names of the owner of such automobiles, the numbers assigned to them by the City Assessor and Collector, and the date of the issuance of same. The numbers shall be assigned to the respective owners of such automobiles in the order in which same are applied for. (June 12, 1905; Ord. Bk. 2, p. 204, Sec. 2.) Sec. 45. Unlawful to Operate Without Number—It shall be the duty of every person owning, controlling or operating any automobile within the City of Houston, before running or operating same upon any of the streets or ways of said city, to ascertain from the City Assessor and Collector, or other officer herein mentioned, the number to be assigned to him, as herein provided, and he shall then, at his own cost and expense, procure a number for such automobile, and shall at all times, whenever such automobile is being operated or run on any of the streets or ways of the City of Houston, place such number upon same in such a manner that the number will be conspicuously exposed to pedestrians, or other persons upon or traveling along such street or way of the City of Houston, and shall be so legible that such number can be 28 Revised Code of Ordinances easily read or ascertained by any such person or persons so traveling along or upon such streets or ways. (Id., Sec. 3.) Sec. 46. Penalty—Any person violating any of the pro- visions of the next three preceding sections shall, upon con- viction, be fined in any sum not less than Five nor more than Fifty Dollars, and in case of the operation of any such auto- mobile in violation of the provisions thereof, both the owner of such automobile and the person so operating it shall be deemed guilty of such violation, and upon conviction shall be punished as herein provided. (ld., Sec. 4.) Sec. 47. Unlawful for Person Under 18 Years Old to Operate—lIt shall be unlawful for any person under the age of eighteen (18) years to operate any automobile or other motor vehicle upon the streets or ways of the City of Houston. (May 6, 1907; Ord. Bk. 2, p. 382, Sec. 4.) Sec. 48. Signal Lights to Be Provided—lIt shall be unlaw- ful for any person to operate or leave standing on the streets of the City of Houston after dark any automobile or other motor vehicle unless said machine is provided with signal lights in front and on the rear end thereof; and said rear light shall be so adjusted as to illuminate and make visible the number of said machine at night time; and it shall not be a compliance with the requirement of this section for the side lights to the front of the automobile or vehicle to be kept burning, but to comply with the requirement of this section the headlight and both of them on the automobile or vehicle must, be burning and casting a strong illumination in front of the vehicle. | (Amendment Oct. 10, 1910; Ord. Bk. 2, p. 588, Sec. 1.) Sec. 49. Right to Civil Action Not Abridged—Nothing in this chapter shall be construed to curtail or abridge the right of any person to prosecute a civil action for damages by rea- son of injuries to persons or property resulting from the neg- ligent use of the streets or ways of the City of Houston by any motor vehicle, its owners, his employee, or agent. (May 6, 1908; Ord. Bk. 2, p. 382, Sec. 6.) Sec. 50. Penalty—Any person violating any provision of the next three preceding sections shall be deemed guilty of an offense, and upon conviction thereof shall be fined in any sum not less than Five Dollars nor greater than One Hundred Dollars. (Id., Sec. 6.) | Sec. 51. Mufflers; When Required—Every motor vehicle propelled by an internal combustion engine, when such motor of the City of Houston © 29 vehicle is on any street, road, avenue, alley, park or public place within the City of Houston, shall, when such engine is running, be equipped with a muffler or silencer through which all of the exhaust gases from the engine will escape into the atmosphere, so arranged as to reduce, so far as possible, the noise which would otherwise be caused by the escape of said gases. (April 15, 1912; Ord. Bk. 3, p. 77, Sec. 1.) Sec. 52. Allowance Exhaust Gases to Escape, Etc.—The operator or driver of any such motor vehicle shall not use any cut-out, fitting or other apparatus or device which will allow the exhaust gases from the engine of such motor vehicle _ to escape into the atmosphere without first passing through a muffler or a silencer, as described in the next preceding sec- tion. (Id., Sec. 2.) Sec. 53. Penalty—Any person, firm or corporation who shall violate the next two preceding sections shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than Ten Dollars nor more than Fifty Dollars. (Id., Sec. 2.) | 30 - Revised Code of Ordinances CHAPTER IV. Buffalo Bayou, Etc. Sec. 54. Contaminating Water of Buffalo Bayou Above the Water Works Dam—AIll persons are hereby prohibited from entering, or causing animals of any kind to enter, Buf- falo Bayou above the dam of the Waterworks Company in the City of Houston, for any purpose whatever; and from put- ting or causing to be put any filth or garbage of any descrip- tion into said water; and from committing any nuisance of any description whatever therein; or from bathing therein; and from placing filth or garbage of any kind on the banks thereof, or adjacent thereto, from which the water of said bayou is liable to be in any manner contaminated. And any person who shall so offend must be fined not less than Twenty- five nor more than One Hundred Dollars. (Code 1904, Art. 959.) Sec. 55. Bathing in the Bayous—lIt shall not be lawful for any person to bathe in a nude state in any of the waters of Buffalo or White Oak Bayous within the corporate limits of the City of Houston between sunrise and sunset, and any per- son who shall so bathe in said waters shall be fined in a sum of not less than Five nor more than One Hundred Dollars. (Id., Art. 960.) ; Sec. 56. Erecting Slaughter House or Soap Works Above the Waterworks Dam; Penalty; Nuisance—lIt shall be unlaw- ful for any person to erect any slaughter house or soap factory on or near the banks of Buffalo Bayou, within the corporate limits of the City of Houston, above the dam of the Waterworks Company, or upon any ravine or gully tributary to or run- ning into Buffalo Bayou above said dam. And any person so offending shall be fined in the sum of ten dollars for each and every day such slaughter house or soap factory or other business is operated or carried on. Any such slaughter house, soap factory or other business liable to contaminate the waters of Buffalo Bayou is hereby declared to be a nuisance, preju- dicial to the health of the city, and the Chief of Police of said city, upon the order of the Health Officer, shall immediately cause the same to be abated. (Id., Art. 961.) Sec. 57. Depositing Refuse, Etc., in or Along Margin of Buffalo Bayou Prohibited, and Penalty—It shall be unlawful of the City of Houston : 31 for any person, firm or corporation to place, throw or deposit, or cause to be placed, thrown or deposited, in the waters of Buffalo Bayou, within the limits of the City of Houston, or along the margin of said bayou, or between the edge of the water of said bayou and the top of the bank thereof, or within twenty feet of the edge of the top or the highest point of the bank of said bayou, within such limits of the City of Houston, any garbage, vegetable, animal or mineral matter or sub- stance, dung, carrion, dead animals, offal, or nauseous liquid, any trash, shavings or chips, either of wood or metal, or any substance or material of any character calculated to narrow or fill up said bayou, or to obstruct navigation thereon, or cause sickness within the limits of said City of Houston. Any person, firm or corporation violating this section, or any pro- vision thereof, shall, upon conviction, be fined in any sum not less than Twenty-five Dollars and not more than Two Hun- dred Dollars. (lId., Art. 962.) Sec. 58. Unlawful to Discharge Waste Oils, Etc., in Bayou—That it shall be unlawful for any person, firm, cor- poration, or receivers thereof, owning or operating any fac- tory, manufacturing plant, or commercial enterprise of any _ nature whatever, or for any person whatsoever, to discharge waste oil or oils, inflammable liquids, or inflammable volatile substances of whatsoever kind, into Buffalo Bayou or White Oak Bayou, or the tributaries of either. (Mar. 26, 1906; Ord. Bk. 2, p. 256, Sec. 1.) | Sec. 59. Where Such Substances Reach and Flow in, Con- stitutes Offense—That any person, firm, corporation, or re- ceivers thereof, who deposits, or allows to be deposited, the aforesaid inflammable substances, or any of them, in such place or position, or in such manner as that said substances actually do, immediately or mediately, reach and flow into said streams, or any of them, shall be deemed guilty of discharg- ing said substances into said bayous, as aforesaid, and shall be subject to all penalties hereinafter provided. (Id., Sec. 2.) Sec. 60. Discharging of Refuse Oils, Etc., in Bayous De- clared Nuisance—That this discharging of refuse oils and other inflammable fluids and substances into Buffalo and White Oak Bayous, and the tributaries thereof, is a menace to the property rights of persons doing business on or in the vicinity of said bayous, and is hereby declared a nuisance. (Id., Sec. 3.) Sec. 61. Penalty—That any person, firm, corporation, or receivers thereof, violating the next three preceding sections 32 Revised Code of Ordinances shall be guilty of a misdemeanor, and shall, upon conviction thereof in the Corporation Court, be fined in any sum not less than Ten Dollars nor more than Two Hundred Dollars; pro- vided, that each day such nuisance is maintained shall be considered a separate offense. (Id., Sec. 4.) Sec. 62. Unlawful to Fill in or Extend Banks of Bayous; to Pile Earth, Etc.—That it shall be unlawful for any person, firm or corporation to fill in or extend the banks of Buffalo or White Oak Bayous, so as in any manner to decrease or diminish the capacity thereof, or so as to interfere in any manner with the navigability thereof, or to pile earth, ma- terials, trash, garbage, or other refuse of whatsoever charac- ter, upon or along the banks of said streams in such a man- ner as to be precipitated or carried into said streams by rains, floods, or otherwise, and it shall be unlawful to alter or modify the course, location or capacity of said streams within the limits of the City of Houston, or within the limits of said City’s jurisdiction of said streams, as declared in its Charter, with- out a permit from the Secretary of War of the United States; it being the intention of this section to prevent any and all encroachments upon said streams that would in any manner whatsoever impair the usefulness of said streams for purposes of navigation. Provided, that nothing herein contained shall apply to or prohibit operations in connection with the im- provement of said navigable waters, or the construction of public works necessary and proper for the improvement of navigation in said streams. Provided, further, that this sec- tion shall not apply to any person having a permit from the Secretary of War of the United States to make such changes or deposits in said streams, as are specifically set out in said permit.) (Qct..12; 1909; OrdaBki 2) piss ec. 1.) Sec. 63. Penalty—Any person, firm or corporation violat- ing the next preceding section shall, upon conviction thereof in the Corporation Court, be fined in any sum not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00). (Id., Sec. 2.) of the City of Houston 33 CHAPTER V. Carriers. Article 1.—Licenses, Regulations, Rates, Penalties, Etc. 2.—Stands. ARTICLE 1. LICENSES, REGULATIONS, RATES, PENALTIES, ETC. Sec. 63a. Definition of ‘‘Carriage’”—The term “carriage,”’ as used in this chapter, includes every kind of vehicle running upon wheels, including bicycles, except where otherwise spe- cially provided in this Code. (Code 1904, Art. 330.) Sec. 64. Every Driver to See That His Vehicle Has a Li- cense and Provisions for the Issuance Thereof—The driver of every carriage or other vehicle subject to the payment of a license due under the provisions of this chapter shall see to it before he undertakes to drive the same in the City of Houston that the carriage or vehicle he drives is licensed under a li- cense to be issued by the City Assessor and Collector of the City of Houston and countersigned by the Mayor; provided, that no license shall issue permitting or allowing a carriage or motor driven vehicle to be run or operated for the carriage of passengers for hire, except to a bona fide owner of said vehicle, who must apply in writing to the City Assessor and Collector for such license, and must show in said application or in connection therewith to the satisfaction of the City As- sessor and Collector that the said applicant is the bona fide owner of said vehicle and that he has resided within the limits of the City of Houston as an actual bona fide resident thereof for at least 90 days prior to the filing of his application; pro- vided further, that where any such application has remained on file with the City Assessor and Collector for 30 days it shall not be necessary for the applicant, if the bona fide owner of the vehicle, to establish his residence in the City of Houston for the 90 days. (Nov. 7, 1913; Ord. Bk. 3, p. 502, Sec. 1.) Sec. 65. Owners Must Give Bond—The owner of every carriage or other vehicle run for hire in the business of the carriage of passengers, goods, wares or merchandise under the provisions of this chapter shall, as a condition precedent to the issuance of a license to run the same, execute a bond for 34 Revised Code of Ordinances the sum of Five Hundred Dollars, payable to the City of Hous- ton, with good and sufficient sureties, conditioned that the driver of such carriage will faithfully carry and deliver all goods intrusted to him, at the established rates, and that he will comply with all the ordinances of the City concerning public carriages and other vehicles, which bond shall be ap- proved by the Mayor; provided, that the owner of more than one such vehicle may give bond in an amount necessary to cover all his vehicles at said rate; provided, further, that when the number of vehicles is more than ten and less than twenty, — said bond shall be in the sum of Five Thousand Dollars, and when made to cover twenty vehicles or more, said bond shall be in the sum of Ten Thousand Dollars. The said bond may be sued upon in the name of the party injured by a breach thereof, and it shall not be void upon one recovery, but may be sued on from time to time, until the whole amount of the pen- alty is recovered. (Amendment Art. 832, Mar. 11, 1914; Ord. Bk. 4, p. 808, Sec. 1.) Sec. 66. Record; Number to Be Kept—The Assessor and Collector shall keep a record in which he shall enter the names of all the owners of carriages, and the number and date of each license. He shall furnish the owner of the carriage licensed with a number for his carriage, which shall be kept conspic- uously fixed thereon. (lId., Art. 833.) Sec. 67. License Fees—The license fees per annum shall be as follows, to-wit: For each and every dray, furniture cart, grocery or other delivery wagon, or other vehicle, on which a license may be charged, One Dollar ($1.00). (Id., Art. 834.) — Sec. 68. How Long Shall Run—All license dues above provided for, shall run from the first day of January one year to the first day of January next year. (Id., Art. 834.) Sec. 69. License May Be Transferred—The license above provided for may be transferred to the purchaser upon a sale of the carriage being made; but the Assessor and Collector Shall be notified of such sale and transfer within five days after such sale and transfer being made, or the license is absolutely forfeited. (Id., Art. 836.) | Sec. 70. Driver Must Respond to Call—The driver of every carriage, when unemployed, shall, on demand, go to any place in the inhabited part of the city, and there load his carriage, and shall not refuse to carry such load to any other place in the city to which he may be required to go, upon his legal fare being tendered him. (Id., Art. 837.) - of the City of Houston 35 Sec. 71. What is a Load—That a full load for a dray or cart shall not exceed twelve hundred pounds in weight; pro- vided, that the above shall not apply to household furniture, pianos or trunks. (lId., Art. 888.) Sec. 72. Charges Allowed—tThe prices, or rates to be charged by the owners, lessees, drivers or operators of drays, wagons, trucks and other vehicles carrying freight or bag- gage for hire, within the limits of the City of Houston, shall not exceed those in the following schedule, viz: For a load conveyed to any place within one mile, twenty- five cents; for every load conveyed to any place exceeding one mile, at the rate of fifteen cents per half mile and twenty-five cents per mile. For a load of household furniture on two horse truck or wagon, within two miles, as per agreement. For one piano or organ within two miles as per agreement. For one trunk within one mile, twenty-five cents; within one and one-half miles, forty cents; within two miles, fifty cents. A mile as herein used is defined to be sixteen squares by - the most direct route. The driver shall load and unload all freight, etc., hauled, and shall load and unload pianos and trunks, and place them where desired in house where delivery is made. (ld., Art. 839.) Sec. 73. Refusal to Carry; Extortion; Penalty—No own- er, lessee, driver or proprietor of any of the vehicles named, licensed as required by the ordinances of the City of Houston, shall refuse to carry within the said city, the baggage, goods or merchandise of any person when applied to for that purpose; or having undertaken to convey such baggage, goods or mer- chandise, or other thing, shall omit or neglect to do so, or shall state to, ask, take or extort, from any person desiring to have, or having had, conveyed to any place in said city such baggage, goods or merchandise, or other thing, as the price or rate of fare for such conveyance, any greater price or rate of fare than that herein established, shall be deemed guilty of an offense, and shall be fined upon conviction not less than Five Dollars and not more than Twenty-five Dollars. (ld., Art. 839.) Sec. 74. Payment of Legal Charges; Right to Hold For; Penalty, How Settled—That every owner, lessee, driver or 36 Revised Code of Ordinances operator of any of the vehicles before named, shall be entitled to be paid the legal rate of compensation provided in this chapter immediately upon carting or transportation of any article or thing; and it may be lawful for any such owner, lessee, driver or operator of any such vehicle to retain any article or thing so carted or transported by him, for which he is not so paid the legal price or rate, until paid. All disputes or disagreements as to distance or rates of compensation be- tween owners, drivers, lessees or operators of such vehicles and persons employing them, shall be determined by the Chief of Police, or the person at the police station in charge thereof, and in the event that the decision is against the person em- ploying such vehicle, he shall pay the rates or prices for re- hauling same to destination, and if in his favor, the article or things shall be hauled to destination without other charge than the charge decided by Chief of Police to be the proper charge for the original hauling. (Id., Art. 841.) Sec. 75. How to Receive or Discharge Passengers or Freight—All hacks, drays or other carriages shall have the right to drive or back to any sidewalk in the city, and remain there a reasonable length of time to receive or discharge pas- sengers or freight, but it shall be unlawful to remain longer than a reasonable time to do so, or after the owner or occu- pant of the premises in front of which the carriage may be standing shall have requested the owner or driver of such carriage to move away. A reasonable length of time, as con- templated in this article, is in no event to exceed thirty min- utes. (Id., Art. 843.) Sec. 76. Licensed Vehicle a Hack—Every licensed ve- hicle for the conveyance of passengers shall be considered a hack within the meaning and intent of this chapter. (Code LIVZRATIS S42, ) a ; Sec. 77. Charges for Services—The charges for the serv- ices of carriages, hacks, omnibusses and motor vehicles, within the City of Houston, for transportation of passengers, shall not exceed those stated in the following schedule, namely: Provided, that for children, not exceeding two in num- ber, under five years of age, accompanied by an adult, no charge shall be made. Day rates (between 5 a.m. and 12 midnight). By the trip: One mile or less, one passenger, 50 cents; each additional pas- senger in the same party to the same destination, 35 cents; of the City of Houston BT each additional mile or less, one passenger, 25 cents; each additional passenger in the same party to the same destination, _ 15 cents. | Night rates (between 12 midnight and 5 a. m.). By the trip: One mile or less, one passenger, 75 cents; each addi- tional passenger in the same party to the same destination, 50 cents; each additional mile or less, one passenger, 35 cents; each additional passenger in the same party to the same desti- nation, 25 cents. _ By the hour: First hour, one or more passengers, $1.50, between the hours of 5 a. m. and midnight; $2.00 between the hours of 12 midnight and 5 a. m.; each additional quarter hour, or part thereof, one or more passengers, 25 cents, day or night. When vehicles are not engaged by the hour, trip rates shall be charged. ; When charges for a trip or trips exceed rates per hour, charges shall be by the hour. The driver of a public vehicle who may be required to travel, by the most direct route, one mile or more, to make response to a call, may make an additional charge of 25 cents therefor. Children between five and twelve years of age, one-half rates, when accompanied by an adult, or a full fare of one of the occupants. The driver of such vehicle shall be entitled to make a charge of not exceeding 50 cents for each trunk; and each passenger shall be entitled to have conveyed, without charge, such other valise or other small packages as may be carried by hand. ‘The driver shall load and unload all bag- gage, and check same, if requested to do so, without additional charge. A mile, as herein used, is defined to be sixteen squares by the most direct route. (Aug. 19, 1907, Ord. Bk. 2, p. 442, Sec. 1.) Sec. 78. Must Have Card Showing Rates, Etc.—Every vehicle named in this article shall have permanently affixed to the interior thereof, in a conspicuous place, a receptacle that shall contain at all times a card so situated that it can be read by the passensrers without being removed, upon which shall be printed,.in plain type, not less than ten-point in size, Section 77; and number of driver’s license, and the name of the owner of the vehicle, and the name of the driver; and no other card, papers, or thing whatever, shall be carried in said receptacle. Said cards shall be prepared and furnished by the City Secre- 10 38 Revised Code of Ordinances tary on application, without cost, to the owner of any licensed vehicle, an¢ it shall be unlawful, both in the owner of said vehicle and the driver thereof, to operate said vehicle without said card SO visible; and upon conviction in the Corporation Court, the person or persons violating this provision of this section shall be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) for each offense, and it shall be a separate offense to so operate said hack for each day or part of a day said hack is so operated, and it shall be a separate offense, both in the owner of the said ve- hicle and in the driver thereof. (Id., Sec. 2.) Sec. 79. Passenger Must Pay Legal Fare—Any person who shall, where the schedule of charges is posted in the ve- hicle, as required by this article, refuse to pay the legal fare, as prescribed in Section 77, where there has been no agree- ment for a less amount, for a vehicle*that he has hired, shall, upon conviction thereof, be compelled to pay the owner, driver, lessee or operator of said vehicle an amount equal to the legal ‘fare, and shall be fined not less than Five Dollars ($5.00) and not more than Fifty Dollars ($50.00) ; provided, that the pay- ment of the fare has been demanded, and the attention of the passenger called to the posted schedule of charges. (ld., Sec. 3.) Sec. 80. Must Carry Passenger when Full Fare is Ten- dered—If any owner, driver, lessee or operator of any vehicle © herein named shall refuse to convey a passenger at the rate herein provided, or shall demand or receive an amount in excess of the lawful fare, as provided in Section 77, he shall be liable to a fine, upon conviction in the Corporation Court, in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00), and shall return to such passenger any amount he may have received in excess of the legal fare. (Id., Sec. 4.) Sec. 81. May Accept Less Than the Legal Fare—If any owner, lessee, driver or operator of any of the vehicles herein named shall agree, before being engaged, to accept less than the legal fare, he shall not afterwards demand more than the amount agreed upon. (Code 1904, Art. 859.) — Sec. 82. Must Have Numbers on Lamps—Every vehicle named in this chapter shall have plainly indicated on the glass of its lamps the number of its license, and the figures of such numbers shall not be less than one and one-half and not more than two inches in height; the said number and its position of the City of Houston 39 upon the glass of the lamps will be subject to the approval of the Chief of Police. (Id., Art. 858.) Sec. 83. Must Be Safe and Sanitary—Any vehicle for the conveyance of passengers for hire, which is in an unsafe, un- sanitary or unsightly condition, may be condemned by the Chief of Police, or a committee designated by the Mayor to inspect same; and if the owner, driver, lessee or operator thereof shall continue to utilize said vehicle without first hav- ing made the same safe, sanitary and sightly, he shall be fined as provided in Section 84. (Id., Art. 862.) Sec. 84. Penalty in Certain Cases—Any owner, driver, lessee or proprietor violating any of. the provisions of this article, where no special penalty is provided therefor, shall be fined upon conviction in the Corporation Court, in any sum not less than Five Dollars ($5.00) and not exceeding Ten Dollars ($10.00). (Id., Art. 863.) ~ Sec. 85. Carrying Invalids; Duty in Certain Cases—The owner or driver of any carriage for the conveyance of passen- gers shall be at liberty to refuse to carry any invalid, even upon tender of his legal fare, whose appearance shall justify him in believing the disease or sickness from which such invalid is suffering to be infectious or contagious. And should such owner or driver, at any time, have reason to believe that he has inadvertently driven any person suffering from such disease or sickness, he shall forthwith report the fact to the Health Officer, with a view to having his carriage disinfected, and at the same time shall make known the address to which he drove such invalid. (Id., Art. 870.) Sec. 86. Penalty—Every driver, motorman or conductor of any of the aforesaid vehicles for hire, or cars, who shall vio- late the next preceding section shall, on conviction, be punished by a fine of not less than Five Dollars ($5.00) and not more _ than Fifty Dollars ($50.00), for each and every offense. (Id., Art. 866.) Sec. 87. Soliciting Custom in Railroad Passenger De- pots—It shall be unlawful for any person or persons in any passenger depot or upon any passenger depot platform, grounds or premises of any railroad company, or upon any sidewalk or street in front of any passenger depot of any rail- road company within the City of Houston, Harris County, Texas, to solicit or to cry out for passengers or baggage for any hotel or other place, or to solicit or call to or request any A) _ Revised Code of Ordinances person or persons to become passengers, or for the carriage of any baggage in or on any vehicle for hire, for or to any hotel, railroad depot or other place within or without said city. (Sept. 19, 1904, Ord. Bk. 2, p. 141, Sec. 1.) Sec. 88. Unlawful to Call Out ‘‘Hack,’”? Etc.—lIt shall be unlawful for any person or persons to speak or call out in a loud manner the words “hack,” “carriage,” “bus,” “baggage”’ or “‘hotel” at any passenger depot or upon any passenger depot platform, grounds or premises of any railroad company, or upon any sidewalk or street in front of any passenger depot of any railroad company within the City of Houston, Texas. (Id.) Sec. 89. Unlawful for Driver to Leave Vehicle, Etc.— When any licensed hack, bus, wagon or other vehicle pro- vided for the conveyance of persons or baggage is at any depot in the City of Houston, it shall be unlawful for the driver or person in charge thereof to leave the same and enter the depots or go upon the sidewalk or private property of any railroad company for the purpose of soliciting, and does so solicit, the transportation or conveyance of any passengers or baggage arriving on the trains at Said depots. (Id.) Sec. 90. Penalty—Any person guilty of a breach of either or any of the provisions of the three next preceding sections shall, upon conviction, be fined in any sum not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each and every offense. (lId.) — ABLICIOn 22: STANDS. Sec. 91. Public Stands for Hacks—The following are hereby designated as public stands for licensed hacks carrying passengers for hire: Stand 1—On west side of the Court House square and the south side of the west entrance to the Court House square, five hacks. Stand 2—On the south side of the Court House square, nine hacks; provided, that no hack shall stand within ten feet of the south entrance of the Court House square. Stand 3—On the north side of the Court House square, nine hacks; provided, that no hack shall stand within ten feet of the entrance to the Court House square on the north side thereof. of the City of Houston 4l Stand 4—On the north side of the Market House square, nine hacks. Stand 5—On the east side of Fannin Street, between Texas Avenue and Prairie Avenue, seven hacks. Stand 7—On the north side of Texas Avenue, between Travis and Milam Streets, seven hacks. (Sept. 2, 1913, Ord. Bk. 3, = D420) Secs 1s) Sec. 92. Stands for Public Drays, Etc.—The following are hereby designated as stands for public drays, express, moving and furniture wagons, and other carriers of goods, wares and merchandise, etc., for hire: Stand 1—On the north side of the City Jail, four vehicles. Stand 2—On the lot and in front of the lot belonging to the City of Houston at the corner of Texas Avenue and San Jacinto Street, the said lot fronting one hundred feet on Texas Avenue and one hundred feet on San Jacinto Street, twenty vehicles. Stand 8—On the north side of Washington Avenue, between Eighth and Ninth Streets, seven vehicles. Stand 4—On the north side of Preston Avenue, between St. Charles and St. Emanuel Streets, seven vehicles. Stand 5—On the east side of St. Charles Street, between ' Preston and Prairie Avenues, seven vehicles. (Code 1904, Art. 849.) Sec. 93. If Public Stand Is Occupied—When a public stand is occupied by the full number of vehicles authorized by this chapter, no other vehicle shall loiter or wait nearby to take a place thereat. (Id., Art. 850.) Sec. 94. Stands for Street Cars—The following are here- by designated as public stands for street cars operated within the City of Houston: Stand 1—On Franklin Avenue, at the east side of Main Street. Stand 2—On Preston Avenue, at the east side of Main Street. Stand 3—On Prairie Avenue, on the east side of Main Street. Stand 4—On Texas Avenue, on the east side of Main Street. Stand 5—On Main Street, on the south side of Texas Avenue. Stand 6—On Travis Street, on the south side of Texas Avenue. Stand 7—On Travis Street, on the south side of Prairie Avenue. , 42 Revised Code of Ordinances hed Stand 8—On Congress Street, on the west side of Main Street. Stand 9—On Franklin Avenue, on the west side of Travis Street. (Id., Art. 851.) Sec. 95. Vehicles and Street Cars Shall Not Loiter—Ve- hicles for hire and street cars shall not loiter or stop upon any street or avenue, except at the regular public stands, estab- lished by this article; provided, any such vehicle or car may stop at any place for the purpose of receiving or discharging freight or passengers; and provided, further, that this article ~ shall not be construed as preventing said vehicles or cars from stopping where required to do so by any accident or conditions which may render it impossible for such vehicles or car to proceed; and provided, further, that this article shall not prevent the vehicles named in this chapter from standing at the different passenger depots of railroads in this city when a passenger train is due or expected to arrive within thirty minutes, and the space in front of the waiting room of such depots being hereby established as public stands for vehicles - for the carriage of passengers, at such times; and the space in front of the baggage rooms and extending along the street on the side of the depot farthest away from the waiting rooms being hereby established as a public stand for vehicles for the carriage of baggage and freight; and provided, further, that the driver of any such vehicle so occupying such public stands in front of a passenger depot, shall remain on his vehicle, except when he has a customer whom he is assisting; and provided, further, that any such driver of any such vehicles occupying a stand in front of any passenger depot shall be subject to each and every term, provision and penalty in the ordinances made and provided. (Sept. 9, 1904, Ord. Bk. 2, p. 148, Sec. 1.) Sec. 96. No Two Vehicles to Stand Abreast—In no street designated as public stands for vehicles for hire, shall vehicles arrange two abreast, but shall stand near the curb in single file, and so as not to block access to other vehicles desiring to gain entrance to the doorways along said street. The first vehicle arriving at any stand shall have the first choice of place, the second the second choice, and so forth. Provided, that when not standing on the street on the stand at the corner of Texas Avenue and San Jacinto Street vehicles standing on the city’s lot may arrange themselves two or more abreast. Sec. 97. Shall Take as Little Room as Possible—Vehicles occupying said public stands shall, in taking their positions at of the City of Houston 43 such stands, do so with a view of permitting and allowing room for other vehicles to approach and gain access to the sidewalks in front of all entrances to buildings fronting on said streets, and shall occupy positions as hereinbefore provided, in front of dead wall as nearly as possible. Sec. 98. No Vehicles to Stand Out Over Eight Feet— That no private or public vehicle of whatsoever kind, whether hitched or stationary, shall be permitted to extend outward to a greater distance than eight feet, measured from the outer edge of the curb line. Sec. 99. Must Take Positions Twenty Feet from Street Crossings—Vehicles in taking positions at said stands shall take a position at least twenty feet away from the crossings and intersections of cross streets, and parallel with the curb- ing. (lId., Art. 864.) Sec. 100. Stands Not for Exclusive Use—The designation of certain portions of streets herein as public stands for ve- hicles for hire shall not be construed to grant to such vehicles the absolute and exclusive right to said portion of such street, but they shall always permit other vehicles desiring to ap- proach the sidewalk on said street, for the purpose of dis- charging or receiving passengers or freight, or to transact other business with persons in any building fronting on said street, to do so by making room for them, and that such other vehicle shall move out just as soon as it has deposited its pas- sengers or freight, or transacted its business, and permit the vehicle originally occupying such stand to have its place. Sec. 101. Penalty—Every driver, motorman or conductor of any of the aforesaid vehicles for hire, or cars, who shall vio- late any section of this article shall, on conviction, be punished by a fine of not less than Five Dollars ($5.00), and not more than Fifty Dollars ($50.00), for each and every offense. (Id., Art. 866.) 44 Revised Code of Ordinances CHAPTER VI. Chimneys and Flues. Sec. 102. Creation of Office Inspector of Chimneys and Flues; Duties, Offenses, Penalties—That there is created the office of Inspector of Chimneys and Flues for the City of Houston, whose duty it shall be to inspect all chimneys and flues within the City of Houston from time to time for the purpose of ascertaining whether or not such chimneys and flues are constructed in accordance with the ordinances of said City of Houston, or whether or not since their construction they have become dilapidated, or in such a state of disrepair, or whether or not they need to be cleaned, in order to prevent fires catching therefrom, and where such inspector ascertains that any, or all, of such conditions exist, he shall notify the owner, tenant, lessee or occupant of the building, house or structure of which such chimney or flue is a part, to: rebuild, repair or clean the same as the condition demands within ten days from the date of notice, and any and every such owner, tenant, lessee or occupant who shall fail to so rebuild, repair or clean such chimney or flue within such time when so notified by said inspector shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00), and each day that such chimney or flue is allowed to remain in such condition, after the expiration of the time within which he has to comply with such order of said inspec- tor, shall constitute a separate offense. (June 2, 1913, Ord. Bk. 3, p. 366, Sec. 1.) Sec. 103. Appointment, Removal, Etc., of Inspector— That said Inspector of Chimneys and Flues shall be appointed by the Mayor and confirmed by the City Council and shall receive such salary as they may allow, and shall be subject to removal by the Mayor at any time. (Id., Sec. 2.) Sec. 104. Unlawful to Use Soft Coal, Etc., Under Certain Conditions—It is hereby declared unlawful for any person or corporation, the flues of whose houses or establishments emit smoke which blows upon or against higher buildings adjacent thereto so as to disturb or diminish the ordinary comfort or convenience of living of the inmates or occupants of said higher building, to continue to burn or use soft coal or other of the City of Houston 45 fuel, the smoke of which is equally offensive, unless such per- son or corporation using such soft coal or other offensive fuel keeps and maintains some device or apparatus which success- fully consumes the smoke so that it is not emitted from the flues, and it shall be a separate offense on the part of the per- son or corporation using such soft coal or other offensive fuel for each day that same is used after notice from the Fire Marshal of the City of Houston, or his deputy or assistant, to discontinue the use of the same. (May 21, 1913, Ord. Bk. 3, p. 348, Sec. 1.) Sec. 105. Penalty—For each violation of the preceding section, the offending person or corporation shall, upon convic- tion in the Corporation Court, be fined in any sum not less than Ten Dollars ($10.00) nor more than Two Hundred Dol- lars ($200.00). (Id., Sec. 2.) Sec. 106. Flues, Etc., of Certain Character to be Pro- vided with Smoke and Soot Consumers—That all persons, firms or corporations operating or carrying on or conducting any business, factory, occupation or establishment, within the limits of the City of Houston, burning or using soft coal or other fuel from which smoke or soot is emitted or discharged through any flue, chimney, smokestack or other structure or appliance so as to be offensive to the residents or inhabitants of said section, shall equip the same with some device or ap- paratus which successfully consumes the smoke or soot so that the same is not discharged or emitted, and that it shall be unlawful for any person, firm or corporation to so operate, carry on, or conduct the same within the limits of the City of Houston without so equipping such flue, chimney, smokestack or other structure or appliance with such device or apparatus; provided, that this section shall not be construed to compel the owner or occupant of any building or house used exclusively as a private residence to provide such device or apparatus. (Aug. 4, 1913, Ord. Bk. 38, p. 405, Sec. 1.) Sec. 107. Flue Inspector, Authority of—That the Flue Inspector of the City of Houston is hereby given the right and authority, during reasonable hours, to enter upon any premises, upon which is located any flue, chimney, smokestack or other structure or appliance from- which soot or smoke may be discharged or emitted offensively to the residents, for the purpose of making an examination as to the cause of such emission or discharge, and for the purpose of ascertaining the 46 Revised Code of Ordinances kind and character of fuel used, and the manner of using the same. (Id., Sec. 2.) Sec. 108. Penalty—That any person, firm or corporation, or receiver, officer, agent or manager thereof, violating any of the provisions of the next two preceding sections, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00), and each and every day that said violation continues shall constitute a separate and distinct offense. (Id., Sec. 3.) of the City of Houston 47 CHAPTER VII. City Council. Sec. 109. Rules Governing Proceedings of City Council— That the following rules shall govern the proceedings of the City Council of the City of Houston: Rule I—Meetings: The City Council shall meet in the Council Chamber in regular session every Monday afternoon at 4 o’clock p. m., and at such other times as it may be called by the Mayor, the Mayor pro tem or by call of a majority of the members thereof. No notice is required for an adjourned meeting, but when a special meeting is called, personal notice shall be given to each member of the Council, if possible, but personal notice to a majority of the members shall always be sufficient for special meetings. Rule [I—Presiding .Officer: The Mayor shall preside at all meetings of the City Council, or if for any reason he is absent, sick or unable to act, then the Mayor pro tem shall preside, and shall exercise all of the powers and discharge the duties of the Mayor. (July 24, 1905,;Ord? Bk. 2, p. 225, Sec. 1.) Rule I]J—Order of Business: The proceedings of the City Council shall be as follows: (1st) To call the roll and mark absentees. (2nd) The adoption, and if necessary, the correction of the minutes. (8rd) Receiving petitions. (4th) Receiving reports of special and standing commit- tees. (5th) Unfinished business. (6th) New business. (7th) Consideration and passage of bills. (Amendment Rule 3, Jan. 26, 1914, Ord. Bk. 4, p. 39, Sec. 1.) Rule IV—Decorum: The members of the City Council shall be seated except while addressing the Chair, and shall not be interrupted while speaking, without their consent, except by a call to order of the Chair or to correct a statement of facts. The presiding officer or the Council may fine or 48 Revised Code of Ordinances place under arrest any member guilty of indecorum or dis- orderly conduct in the Council; the fine, if imposed, not. to exceed Ten Dollars ($10.00). (July 24, 1905, Ord. Bk. 2, p.. 225; pec. 1.) Rule V—Committees: There shall be a “Finance Com- mittee,” a “Street and Bridge Committee,” a “Water Com- mittee,” a “Fire Committee,” a “Committee on Taxation,” and an “Ordinance Committee.” The Chairman of the respective committees shall be nominated by the Mayor and confirmed by the Council, and shall hold their chairmanships for two years, unless removed by the Mayor. Each committee shall be composed of the Mayor (who shall be ex-officio Chairman of all committees), and the four Aldermen. Rule VI—Secretary: The City Secretary shall be the Clerk or Secretary of the Council, whose duty it shall be to act as reading and recording clerk to the Council, and to certify to the correctness of the Minutes and the Journals and to per- form such other duties as may be required of him by the Council. Rule VII—Questions of Order: All questions of order shall be decided by the presiding officer, with right of appeal from his decision to the City Council, the majority of whom may override his decision. Rule VIII—Ayes and Noes: Any member may call for the ayes and noes, and if called for the Secretary shall record the result of the vote in the Minutes. Rule [X—Motions: All oral motions must be seconded before being put by the Chair, and upon the request of any member, shall be reduced to writing by the party making the same. Written motions shall require no second. Rule X—Suspension of the Rules: The rules, any one or all, may be suspended by a majority vote of all the members of the Council. Rule XI—Attendance: The members of the Council shall attend the regular and special meetings, or, failing to do so, they may be arrested and compelled to attend by the presiding officer or the Council. The Council may impose a fine of not exceeding Ten Dollars ($10.00) upon any member failing to attend a meeting. (Id.) Rule XII—Ordinances and Resolutions; Reading: (a) Penal ordinances shall be passed only after reading at of the City of Houston 49 three separate meetings, once in full and twice by caption, unless passed as an emergency measure, when one reading in full-and two by caption at the same meeting shall be sufficient. (b) All ordinances granting franchises or special privi- leges shall be read in full at three regular meetings, and shall never be passed as emergency measures. (c) Ordinances authorizing contracts, appropriations or expenditures in excess of One Thousand Dollars ($1,000.00) under Sec. 7a, Article 2, relating to ownership of public utili- ties, etc., of the City Charter as amended, shall be read at three regular meetings, and at least once in full. (d) Ordinances authorizing contracts for the purchase of electricity, etc., under Sec. 7b, Article 2, of the City Charter as amended (for periods for less than five years), shall be read at three regular meetings, and at least once in full. (e) Ordinances annexing territory by action of the City Council, under Section 2b, Article 1, of the City Charter as amended, shall be read at three regular meetings, the last of which shall be not less than thirty days after the publication of said ordinance. Such ordinances shall be read in full at least one time. (f) Ordinances authorizing contracts, appropriations or expenditures in excess of One Thousand Dollars, or any lease or sale, under Section 9, Article 2, of the City Charter as amended, entitled: “‘Harbor and Water Front,” shall be read in full at three regular meetings. (g) The passage of all other ordinances and resolutions shall be by reading the same at three regular meetings by caption or title, unless a reading in full is requested by a member of the Council; but when passed as-an emergency measure, three readings by caption or title at the same meeting shall be sufficient. (Amendment Rule 12, Jan. 26, 1914, Ord. Bk. 4, p. 39, Sec. 1.) Rule XIII—Confirmations: The voting on confirmations or appointments made by the Mayor, or for officers of the City, shall be by written ballot, and it shall require a majority vote of the Council to confirm or elect; the presiding officer being entitled to vote on all matters if he elects to do so. (July 24, 1905; Ord. Bk. 2; p. 225, Sec. 1.) Rule XIV—Motion to Reconsider: Any member who voted with the prevailing side on any question may move a reconsideration, not later than the next regular meeting after on >) Revised Code of Ordinances the vote was taken, and it shall require a two-thirds vote of the City Council to reconsider. Rule XV—When Disposed Of: When the question has once been determined by the Council, the same question shall not again be considered until six months thereafter, except by reconsideration, as hereinbefore provided. Rule XVI—Committee Reports: The committees shall re- port on all matters referred to them, unless otherwise provided by charter, not later than the second meeting after reference to the committee has been made, but the Council may grant an extension of time within which to report. Rule XVII—Power of Presiding Officer: The Mayor, or Mayor pro tem as the case may be, shall preside at all meetings of the City Council, and shall be invested with all the power, and discharge all of the duties usually incumbent upon a pre- siding officer, as well as those prescribed in these rules. Rule XVIII—Cushing’s Manual: The rules of procedure, _ as stated in Cushing’s Manual, shall govern the proceedings of the City Council, unless in conflict with the rules hereby adopted or in contravention of. some charter provision. The provisions of the City Charter shall prevail over any provision of these rules or of Cushing’s Manual. (July 24, 1905, Ord. Bk. 2, p. 225, Sec. 1.) Sec. 110. Committees of City Council—That for the con- venience and dispatch of the public business, the following committees are hereby created with MieeL TS rele over the mat- ters hereinafter specified : (a) There shall be a Finance Gommiittes which committee shall have jurisdiction over, and to which shall be referred all matters respecting or appertaining to the finances, both expenditures and receipts, of the City of Houston, and all mat- ters appertaining to the reports and ‘accounts of the City of Houston, and the City Hall and Market House, and the manage- ment of all parks of the City of Houston. (6) There shall be a Street and Bridge Committee, which committee shall have jurisdiction over, and to which shall be referred all matters respecting the maintenance, preservation, cleaning and flushing of the streets, bridges and crossings of the City of Houston, and all: matters appertaining to the scavenger work of the City of Houston. of the City of Houston - 51 (c) There shall be a Water Committee, which committee shall have jurisdiction over and to which shall be referred all matters pertaining to water. (d) There shall be a Fire Committee, which committee shall have jurisdiction over, and to which shall be referred all matters respecting the Fire Department of said City, and every matter which comprehends the protection of the city from fires and conflagrations. (e) There shall be an Ordinance Committee, which com- mittee shall have jurisdiction over and to which shall be re- ferred all ordinances of whatsoever kind or character. (Apr. 5, 1909, Ord. Bk. 2, p. 506, Sec. I.) (f) There shall be a Committee on Taxation, which com- mittee shall have jurisdiction over and to which shall be referred all matters pertaining or appertaining to taxes, the levy, assessment and the collection of same within the City of Houston, Texas. (Amendment May 1, 1911, Ord. Bk. 3, p. 30, Sec. 1.) Sec. 111. Committees Composed of Active Chairmen— That each committee shall consist of the Mayor and four Alder- men, except the Ordinance Committee, which shall consist of three Aldermen. The Mayor shall be ex-officio Chairman of . all committees, and in addition thereto, there shall be appoint- ed by the Mayor and confirmed by the Council an active Chair- man of each committee, who shall be known as Chairman of the Finance Committee, Chairman of the Street and Bridge Committee, Chairman of the Water Committee, Chairman of the Fire Committee, Chairman of the Committee on Taxation, and Chairman of the Ordinance Committee, respectively. (Apr. 5, 1909, Ord. Bk. 2, p. 506, Sec. 2.) Sec. 112. Duties of Active Chairmen—That it shall be the duty of the active Chairman of each committee to make it his especial care to supervise, direct and closely inspect the operation and administration of each and every one of the: departments which may fall under his supervision and juris- diction, and to investigate all petitions, complaints, etc., bear- ing upon any matter, the supervision of which it is made his duty by the committee assignment of the Mayor. (ld., Sec. 3.) Sec. 113. Committee Meetings—That each committee shall meet at such times and places as may be directed by the Mayor or the active Chairman of the Committee, and in addi- 52 Revised Code of Ordinances — tion thereto, there shall be an executive session for the trans- action of the administrative affairs of the City every Monday, Wednesday and Friday of each week, at the hour of 10:00 a. m., in the Mayor’s office. (Id., Sec. 4.) of the City of Houston 53 CHAPTER VIII. City Secretary. Sec. 114. Duties—That the office of Secretary of the City of Houston is hereby created. The duties of such Secretary of the City of Houston shall be to keep, record and well preserve the Minutes and proceedings of the City Council, and to be the custodian of all the papers and records of the City of Houston, with power to make certificates of any proceeding of the City Council, to affix the seal of the City of Houston thereto, and to do generally and perform all things and acts usually or neces- sary to be performed by secretaries or clerks of cities in connection with the business thereof; and in addition to the duties herein mentioned, he shall do and perform such other duties, acts and things as may be required of him by the Mayor or City Council. . (Sept. 18, 1905, Ord. Bk. 2, p. 238, Sec. 1.) Sec. 115. Controller, ex-officio Secretary—The Controll- er of the City of Houston shall be ex-officio the Secretary of the City of Houston, and shall hold such office, subject to removal at any time by the Mayor or City Council, for a period not longer than two years, unless he be reappointed, and he shall receive no salary in addition to his salary as Controller of the City of Houston. (Id., Sec. 2.) Sec. 116. Assistants—The Secretary of the City of Hous- ton shall have such assistants as may be deemed necessary by the Mayor and City Council. Such assistants shall be appoint- ed by the Mayor, and shall hold their office, subject to removal by the Mayor, for a period. not to exceed two years, unless they be reappointed, and they shall have and exercise like powers and perform like duties as the Secretary of the City of Houston, and shall receive such salary as may be provided by the Mayor and City Council. (Id., Sec. 3.) Sec. 118. City Secretary to Record All Ordinances—The City Secretary is hereby directed and required to record all ordinances and to keep a record book for that purpose. The transcriptions of such ordinances may be in long hand with pen and ink, the ink to be used to be standard writing fluid; or by the use of a book typewriter with indelible ribbon; or by transcribing the same on loose leaves, numbered consecu- tively and kept in a secure binder provided for that purpose 11 54 Revised Code of Ordinances until such binder shall contain not less than two hundred and fifty leaves or five hundred pages of writing when said leaves shall be bound securely in permanent book form. (Amend- ment Feb. 16, 1914, Ord. Bk. 4, p. 157, Sec. 2.) Sec. 119. Shall Endorse on All Official Communications the Date and Hour Received by Him—It shall be the duty of the City Secretary to indorse on all official communications and documents received by him the date and hour of the receipt of the same. (Id., Art. 134.) Sec. 120. Shall Keep a Record of All Official Bonds—All official bonds of all city officials and all other persons required to give a bond to the City of Houston shall be recorded at length by the City Secretary in a bound record book, with an index, to be known as the “Bond Record.” (Id., Art. 185.) Sec. 121. Shall Be Certified—Bonds required to be re- corded by Sec. 120, after recording the same, shall be com- pared with the original and certified to, at the end of each re- corded bond, as follows: “I hereby certify that the foregoing recorded bond is a complete exemplification of the original bond. Witness my hand this... dayeOt ca ae eee vl Osea WRK PUAN Re OBA het AL any City Secretary.” (Id., Art. 136.) of the City of Houston 55 CHAPTER IX. Controller. Sec. 122. Bond—He shall give bond, payable to the City of Houston, in the sum of Ten Thousand Dollars ($10,000.00), conditioned to faithfully perform the duties of his office and to sign no draft or warrant for the payment of city funds unless such payment be legal and proper. Such bond shall be signed by two or more good and sufficient sureties, residents of the City of Houston and real estate owners therein, or by a bond company authorized by the laws of the State of Texas to make bonds, the bond to be approved by the Mayor. Should such bond at any time or for any cause become inadequate, the Mayor or City Council may require a new bond. (Code 1904, rte be) Sec. 123. Forms or Books to Be Used by Departments to Be Submitted to Approval of the City Controller—Forms for books or blanks pertaining to the accounting system of the City of Houston must be submitted in duplicate to the City Controller before being adopted, printed or used by any de- partment officer or person required to render periodical ac- counts to the City Controller. If the City Controller approves the form submitted, he shall file one copy in this office, and return the other to the proper official, with his approval endorsed thereon. (lId., Art. 92.) Sec. 124. If Form Is Disapproved, the City Controller to Prepare Proper Form—Should the City Controller disap- prove the form of any blank or book submitted to him, as pro- vided in Section 123, he shall thereupon prepare in his office a form to take the place of the form submitted and forward the same to the proper officer duly approved; provided, should the City Controller determine that the blank form submitted will be unnecessary to the accounting system of the City of Hous- ton, the proper officer shall be duly notified of such decision and such form shall not be adopted, printed or used by the de- partment, officer or person submitting the same. (Id., Art. 93.) Sec. 125. Creditors of City to Deduct Taxes or Other In- debtedness From Amount Due Them by City—Any persons, firms or corporations who sell goods, wares and merchandise 56 Revised Code of Ordinances of any name, nature or description to the City of Houston, and who are indebted to the City of Houston for taxes of any kind, or who owe the city any other debt, at the time of collecting the amount due them by the City of Houston for the merchan- dise so purchased from them shall pay taxes or any other debt due by them to the City of Houston out of said amount. (lId., ATv94.) Sec. 126. City Controller to Ascertain Amount Due to City—It is the duty of the Controller of the City of Houston to ascertain from the City Assessor and Collector as to whether or not the persons, firms or corporations collecting money from the City of Houston are indebted to the City of Houston for taxes or in any other way. (ld., Art. 95.) Sec. 127. Shall Report Indebtedness to Mayor and Fi- nance Committee—If it is ascertained that any person, firms or corporations are indebted to the City of Houston for taxes or in other way, it is the duty of the City Controller to report same to the Mayor and Finance Committee and they shall withhold the payment of the claim until the persons legally entitled to collect the same shall have paid the taxes or any other debt due to the City of Houston. (ld.; Art. 96.) Sec. 128. Salary—The salary of the City Controller is fixed at $250.00 per month, until elected in 1915, when he shall receive the salary provided by the charter. (Id., Art. 97.) Sec. 129. Account as to Fines, Etc., to Be Opened With Chief of Police; Monthly Statement—That the Controller of the City of Houston is hereby authorized and directed:to open an account with the Chief of Police of the City of Houston in which he shall charge the Chief of Police with all fines and costs assessed in the Corporation Court and credit him with all amounts paid on fines and costs and deposited with the Tax Assessor and Collector, together with such allowances on fines and costs as are provided for and referred to in Section 753. The Controller shall use, as his authority for the entries in this account, the daily reports furnished him by the Clerk of the Corporation Court and the Chief of Police. He shall charge the Chief of Police with the total amount of fines and costs assessed as shown on the report of commitments issued, provided for in Section 148, and shall credit the Chief of Police with the total amount of fines and costs discharged either by payment of cash or otherwise as shown on the reports of com- mitments returned provided for in Section 149. of the City of Houston 57 —-_——_ — It shall be the duty of the Controller of the City of Houston to file with the City Council, as early as practicable after the close of each month, a statement which shall shaw the balance, if any, brought forward at the beginning of the month, the total amount debited to this account and the total amount credited to this account during the month, together with an analysis of any balance shown to be due the City; this analysis - to give the case number, the date of commitment, the name — of the defendant and the amount of fines and costs due the City in each of the cases remaining unpaid and represented in the balance due the City as reflected by this account. (Sept. 22, 19138, Ord. Bk. 3, p. 453, Sec. 1:) 58 Revised Code of Ordinances CHAPTER X. Corporate Limits. Sec. 130. Corporate Limits Extended for Limited Pur- poses—That from and after the passage of this ordinance, the corporate limits of the City of Houston be, and are hereby ex- . tended, for the purposes hereinafter mentioned, from the present eastern limits as estsblished by the City Charter granted by the Legislature in the year 1905, eastwardly in a general direction with Buffalo Bayou and the Houston Ship Channel, so as to include in said City the said navigable stream and the land lying on both sides thereof for a distance of twenty-five hundred (2500) feet from the thread of said stream for a distance of twenty (20) miles in an air line from the ordinary eastern city boundary of such city as established by the Charter thereof granted by the Legislature of the State of Texas in the year 1905. And also that the present western city limits of said city be extended, for the purposes herein- after mentioned, westwardly, so as to include in said city the said navigable stream and the land lying on both sides thereof for a distance of twenty-five hundred (2500) feet from the thread of said stream to the boundary line separating the Robert Vince Survey from the Charles Sage and Alex. Ewing Surveys. (Apr. 18, 1913, Ord. Bk. 3, p. 327, Sec. 1.) Sec. 131. Powers, Authority, Etc., of City of Houston, Over Extension—That within the territory embraced by the extension of said boundary of said city, being a strip five thousand (5000) feet wide, and lying on both sides of said Buffalo Bayou, a distance of. twenty-five hundred (2500) feet from the thread of the stream, the said City of Houston hereby assumes, and its officers and agents shall have the right, power and authority to secure land within said territory so added to said city by purchase, condemnation or gift for the improvement of the navigation of said stream in conjunc- tion with the Government of the United States, and the Navi- gation District in which said stream is located, or either of them, or in its own right, for the purpose of establishing and maintaining wharves, docks, railway terminals, sidetracks, warehouses, or any other facilities or aids whatsoever. Pro- vided, that after the passage of this ordinance adding such territory to said city, said city shall have and exercise within of the City of Houston 59 said limits the fullest and most complete power of regulation of navigation and of wharfage, and of wharfage rights and of all facilities, conveniences and aids to wharfage or navigation consistent with the constitution of the State of Texas, and shall further have authority by its criminal ordinances, or otherwise, to police the navigation of said waters and the use of said wharves, and facilities and aids to wharfage and navi- gation; provided, that in all condemnation proceedings under this act, the same procedure shall apply that now applies in the condemnation of land by said City of Houston for the pur- chase of streets; provided, further, that the powers herein assumed are not intended to apply, and shall not apply, within the territory of any city which is already incorporated under the general laws, or under a special charter, or to any land now belonging to any other city or town. (ld., Sec. 2.) Sec. 132. Beyond Ordinary Boundaries, Property Not Subject to Taxation; Inhabitants Not Entitled to Rights of Citizenship—That the land and premises included within said limits, lying beyond the ordinary boundaries of said city, as established by the present charter granted by the Legislature in the year 1905, and as amended by the qualified voters, is not subject to taxation by the City of Houston, and shall not be taxed by said city, nor shall the inhabitants of said terri- tory, so included, be entitled to the benefits of taxation by said city, nor to the rights and immunities of citizens thereof be- cause of the extension of said limits in accordance with this ordinance. (lId., Sec. 3.) 60 Revised Code of Ordinances CHAPTER XI. Corporation Court. Sec. 133. Corporation Court Jurisdiction—The Corpora- tion Court shall have jurisdiction within the limits of the City of Houston, with power to hear and determine all cases of violation of the ordinances of the city. (Code 1904, Art. 189.) Sec. 134. Corporation Court Open for Business—The Corporation Court shall hold no terms and shall be at all times open for the transaction of business. (lId., Art. 190.) Sec. 135. Rule of Practice—The act of the Legislature of the State of Texas of March 15, 1899, entitled, ““An act to es- tablish and create in each of the cities, towns and villages of this State, a State court, to be known as the Corporation Court, in such city, town or village, and to prescribe the juris- diction and organization thereof, and to abolish Municipal Courts,” shall govern the procedure and practice of the Cor- poration Court in the City of Houston, and the City Council may prescribe such additional rules of practice and procedure as may not be inconsistent with the law creating the Corpora- tion Court, or in conflict with the general laws of the State. (Id., Art. 191.) Sec. 136. May Be Held by the Mayor or President of the Council—In the absence, sickness or inability of the Judge of the Corporation Court to hold his court, the court may be held by the Mayor or President of the Council, who shall have the same jurisdiction, powers and authority as the Judge thereof. (Id., Art. 191;) Sec. 137. Form of Accusation—All prosecutions in the _ Corporation Court shall be conducted in the name of the State of Texas, and shall conclude “Against the peace and dignity of the State” ; and when the offense is covered by an ordinance, the complaint may also conclude, “As contrary to the said ordinance.” (Id., Art. 193.) | Sec. 138. Pleas Only Accepted in Open Court—All cases coming before said Corporation Court shall be tried and dis- posed of in open court, and no pleas of guilty shall be accepted except by the judge of the Corporation Court, and all pleas ° of the City of Houston 61 a = ie must be made to said judge of the Corporation Court by of- fenders or their legal representatives. (Id., Art. 197.) Sec. 139. Place of Office and Office Hours of Judge and Clerk—The judge and clerk of said Corporation Court shall keep their office at the police station of said city, and said Corporation Court shall be open for the transaction of such business as shall come before it at 9 a. m., and remain open until its morning business is disposed of, and open again at 4 p. m., and dispose of whatever business may be on hand, but shall hold no terms and shall be at all times open for the transaction of business. (Id., Art. 198.) Sec. 140. Clerk of Court; Also Police Clerk; Duties; Ap- pointment; Salary—The office of Clerk of the Corporation Court of the City of Houston is hereby created. The duties of the Clerk of such Corporation Court shall be, and he shall have power, to administer oaths and affidavits, make certifi- cates, affix the seal of the said Court thereto, and to do gen- erally and perform all things and acts usually or necessary to be performed by clerks of courts in connection with the busi- ness thereof, and he shall also act as Police Clerk, and do and perform the duties ordinarily required of, and performed by, such Police Clerk; shall keep the pay rolls of the Police Department, and make and have charge and control of all collections made by the Police Department arising from fines, costs, and all other sources, and shall safely keep all moneys so collected, and daily deposit the same with the City Assessor and Collector of Taxes, together with a daily report of such collections; and, in addition to the duties herein enumerated, he shall do and perform such additional duties as may be re- quired of him by the Mayor and City Council. The Clerk of the Corporation Court shall be appointed by the Mayor, and shall hold his office, subject to removal at any time by the Mayor or City Council, for a period not long- er than two years, unless he shall be reappointed, and he shall receive as salary the sum of One Hundred and Fifty Dollars ($150.00) per month, unless otherwise provided by the City Council. (Dec. 18, 1905; Ord. Bk. 2, p. 247, Sec. 1.) Sec. 141. Clerk Shall Take Oath and Give Bond—The Clerk of the Corporation Court shall be required to take an oath to faithfully perform the duties of his office, and shall enter into a bond in the sum of One Thousand Dollars ($1,000.00), with good and sufficient sureties, to be accept- able to, and approved by, the Mayor of said City, conditioned 62 Revised Code of Ordinances that he will faithfully perform all the duties of his office. (Id., Sec. 2.) Sec. 142. Deputy Clerks; Appointment; Oath; Bond; Duties—There shall be such Deputy Clerks of said Corpora- tion Court as may be appointed by the Mayor from time to time, whose duties shall be the same, and who shall exercise like powers as those provided for the Clerk of said Corpora- tion Court, and who shall take such oath of office and give such bond as may be required from such Clerk of the Corpora- tion Court. Such Deputy Clerks of the Corporation Court shall receive such salary as may be prescribed by the City Council, and shall hold their offices, subject to removal: at any time by the Mayor or City Council, for a period not longer than two years, unless they be reappointed. (Id., Sec. 3.) Sec. 143. Seal of Court—The Mayor of the City of Hous- ton is hereby authorized and directed to procure a seal for said Corporation Court, and to have the same engraved with a star of five points in the center thereof, and have engraved on said seal the words “Corporation Court in Houston, Texas.” (Code 1904, Art. 201.) Sec. 144. Costs to Be Taxed—There shall be taxed against each defendant convicted in said court the same amount of costs as the General Law of the State of Texas provides now shall be taxed against persons convicted of misdemeanor in the courts of Justice of the Peace. (Id., Art. 202.) Sec. 145. Jurors—Jurors in the Corporation Court who serve in the trial of cases before said court shall receive fifty cents in each case they may sit as jurors, and the amount due jurors shall be paid by the City Treasurer upon the cer- tificate of the clerk of the court, which certificate shall state the service, when rendered, by whom rendered, and the amount due therefor. (Id., Art. 203.) Sec. 146. Costs and Fines to Be Paid Chief of Police— All fines and costs shall be paid to the Chief of Police or some officer designated by him to receive the same, and the Chief of Police shall have the custody of all defendants against whom fines and costs have been assessed until such fines and costs are liquidated. (Amendment Sept. 22, 1913; Ord. Bk. 3, p. 452, Sec. 1.) Sec. 147. Additional Duties of Clerk—The clerk of said court shall receive, prepare and file all complaints, and docket of the City of Houston 63 each case, and perform such duties as are presented for him to do by the laws governing said Corporation Court. (Id., Art. 205.) Sec. 148. Clerk of Corporation Court Shall Make Daily Reports—The Clerk of the Corporation Court shall make a report in duplicate daily, except on legal holidays, to the City Comptroller, showing all commitments issued to the Chief of Police. This report shall show the case number, the name of the defendant, and the amount of fines and costs assessed in each case where commitment has been issued. This report shall be approved by the Judge of the Corporation Court, if it be correct, and shall be signed by the Chief of Police, ac- knowledging the receipt of commitments in each case reported, if he shall have received the commitments. The Controller shall retain one copy of this report as his authority for charg- ing the Chief of Police with the commitments issued, as: pro- vided by ordinance, and shall file the duplicate copy with the Mayor or such other officer as the Mayor may designate. The Clerk of the Corporation Court shall also make a daily report in duplicate of all cases brought before the Corporation Court, tried and dismissed, showing the number of each case, the name of the defendant, the nature of the offense and the ° reason for such dismissal or acquittal. One copy of this re- port shall be filed with the Mayor or such officer as he may designate, and one copy shall be filed with the City Attorney. (Amendment Sept. 22, 1913; Ord. Bk. 3, p. 452, Sec. 2.) Sec. 149. Chief of Police Shall Make Daily Report—The Chief of Police shall make a report in duplicate daily, except on legal holidays, of all commitments returned by him to the Corporation Court. This report shall show the case number, the name of the defendant and the amount of fine and costs in each case, where commitments have been returned, and shall also show opposite the fines and costs in each case, the man- ner in which said fines and costs were liquidated. This report shall be submitted to the Judge of the Corpora- tion Court and if he shall find that he has ordered the release of the defendant in all of the cases reported, as provided for in subdivision (j) of Section 151, he shall approve the report. When approved by the Judge of the Corporation Court, this report shall be forwarded to the Controller, one copy to be retained by him as his authority for crediting the Chief of Police with the amount of fines and costs reported, as provided 64 Revised Code of Ordinances by ordinance, and one copy to be filed with the Mayor or such other officer as the Mayor may designate. © (Id., Sec. 3.) Rules of Procedure for the Corporation Court. Sec. 150. Judge to Keep Minutes—The Judge of the Cor- poration Court shall keep a docket, to be known as the “Min- utes of the Corporation Court,” and in said minute book shall be noted by the Judge of said Court all continuances, trials by the court or by jury, judgments and whether for dismissal or for a fine and costs, with the amount of the fine; new trials | and notices of appeal. (Code 1904, Art. 209.) Sec. 151. (a). Proceedings, How Commenced—All pro- ceedings shall be commenced by filing a complaint, duly sworn to, before any person authorized by law to administer oaths, and filed with the clerk of the Corporation Court. Chas Athena Lue) | (b) Complaint Shall State Name—The complaint shall state the name of the person charged with an offense, or if the name cannot be obtained, then a description of the person, as near as may be, the nature of the offense, and the time and place where the offense was committed. (Id., Art. 210.) (c) Warrant Shall Be Issued—If the defendant be not in the custody of an officer or other person authorized to make an arrest, a warrant shall be issued by the clerk, directed to the Chief of Police, or any policeman of the City of Houston, commanding said Chief of Police or policeman to forthwith arrest the person named or described in said warrant, and to bring the person named or described therein forthwith before the Judge of the Corporation Court for a hearing upon said complaint. (Id., Art. 210.) (d) Complaint to Be Read to Defendant—The complaint shall be read to the defendant, who shall plead thereto, and the plea entered upon his docket by the Judge of the Corpora- tion Court. (Id., Art. 210.) (e) Plea of Guilty—If the person charged with an offense plead guilty before the Corporation Court, the Judge of the Corporation Court shall thereupon enter the plea on the Judge’s docket and assess such fine and costs as may be au- thorized by law, or by the ordinances of the City of Houston. (lds Artiez LO.) (f) Plea of Not Guilty—If a plea of not guilty be entered to the complaint, a trial shall be had, either by the court or by a jury, as the defendant may elect. (Id., Art. 210.) of the City of Houston 65 (g) Continuances—Continuances shall be granted by the court, upon the same terms and in accordance with the pro- cedure now provided by law for continuances in Justice of the Peace Courts in misdemeanors. (ld., Art. 210.) (h) Judgment—Judgment shall be rendered in the Cor- poration Court, for dismissal or for a fine and costs, as the facts may appear. (Id., Art. 210.) (i) Appeal—Unless the judgment be appealed from, and an appeal bond approved and filed, it shall be the duty of the clerk of the court and he is hereby required to forthwith issue a commitment, directed to the Chief of Police or any police- man of the City of Houston, to commit the defendant to the city jail until the full amount of the fine and costs be paid, or until the defendant be discharged according to law. (1Id., Art. 210.) (j) Prisoners to Be Released—Upon the liquidation of the fine and costs against any defendant under commitment, either by payment of the cash as provided in Section 146, or otherwise as provided in Section 753, or upon the certificate of the Health Officer directing immediate release of such person as is provided for in Section 753, it shall be the duty of the Chief of Police to discharge such person and make return of the commitment under which such person was held by him to the Corporation Court, showing such facts for the approval of the Judge of said Court, and if the Judge of said Court shall find the facts stated in said return to be true he shall approve the same and shall make a note of such approval on the docket of the court under the notation of the conviction of such per- son, and the Chief of Police shall make a proper record of such discharge on the record of commitments and prisoners, as provided for in Section 756. In the event any prisoner dies or escapes before his dis- charge, the Chief of Police shall make his return to the Cor- poration Court, showing that such person has died or escaped, and, if he has escaped, such return shall show that the escape was not caused by any negligence or connivance of such Chief of Police, or any member of the Police Department, where- upon the Judge of said Court, if he accept and approve such return, shall enter such facts on his docket, and the Chief of Police shall make record of the disposition of the prisoners on the record of commitments provided for in Section 756. When any person has labored for a sufficient number of days, or is entitled to be released under any provision of the ordinances, except as hereinabove provided for, it shall be the 66 Revised Code of Ordinances duty of the Chief of Police to bring such person before the Cor- poration Court with the return of the commitment showing such facts authorizing the release of such person, and if the Judge of the Corporation Court shall find the facts to be true as stated in such return and such facts authorize the discharge or release of. such person, then he shall approve such return and order the release or discharge of such person from cus- tody, making a record of such order, the date thereof and the reason therefor upon the docket, and on the authority of such order it shall be the duty of the Chief of Police to release or discharge such person forthwith, and make a proper record of such discharge on the record of commitments and prisoners provided for in Section 756. (Amendment Sept. 22, 1913; Ord. Bk. aps 402 seco) (1) No Reduction in Fine and Costs After Report—Here- after there shall be no reduction of the fine and costs, or any part of the fine and costs, by the Judge of the Corporation Court after the daily report of docketed complaints has been made and transmitted by the clerk of the court to the City Auditor or City Controller, and all such fines and costs shall be paid in full to the clerk of the Corporation Court, except as hereinafter provided, as follows: 1. (a) New Trial—The Corporation Court may for good cause, shown on motion in writing and filed with the clerk of the court, and service of said notice upon the City Attor- ney, by copy or by acceptance, endorsed on said notice, grant the defendant a new trial, whenever he shall consider that justice has not been done the defendant in the trial of such case. (b) Application—An application for a new trial must be made within one day after the rendition of judgment, and not afterward, and the execution of the judgment shall not be stayed until after the motion for a new trial has been heard and granted. 2. Appeal—The execution of the judgment shall not be stayed until after the appeal bond has been approved and filed. (m) Judge May Recommend Remittance of Fines, Etc.; Procedure on Recommendation—In all cases mentioned in Section 151, Subdivision (i) of this chapter, the Judge of the Corporation Court may, in all cases where he has reason to believe that an unjust or excessive fine has been imposed, recommend to the Mayor in writing, upon a blank to be pre- pared for that purpose, that the fine or the fine and costs im- posed, or any part thereof, be remitted, and the Mayor may, of the City of Houston 67 in his discretion, approve such recommendation, modify or disapprove of the same in whole or in part, and the action of the Mayor shall be transmitted to the clerk of the Corporation Court, to be entered upon the Corporation Court docket by the clerk, and thereupon said clerk shall issue an order to the Chief of Police, in accordance therewith, and said recommen- dation of the Judge of the Corporation Court, with the ap- proval of the Mayor endorsed thereon, shall be attached to and made a part of the order issued to the Chief of Police by said clerk. (Code 1904, Art. 210.) Sec. 152. Clerk to Keep Docket—The clerk of the Corpo- ration Court shall keep a docket, to be known as the ‘“‘Corpo- ration Court Docket,” in which shall be entered: 1. The num- ber of the case. 2. Date of filing. 3. The name of the com- plainant. 4. Name of the defendant. 5. Nature of the of- fense. 6. Plea of defendant. 7. Continuances. 8. Judgment of the court. 9. Amount of fine. 10. Amount of costs. 11. Total fine and costs. 12. Amount paid by defendant. 13. Amount for which defendant was committed. 14. Amount re- mitted. 15. Date released. 16. Appeal; (a) Date of filing appeal bond; (b) Final disposition. 17. Remarks. (Id., Art. Pls) Sec. 153. City Attorney Not to Nolle Prosequi—The City Attorney shall not nolle prosequi a case unless he shall file a written statement with the clerk of the Corporation Court, setting out his reasons for such dismissal, which reasons shall be incorporated in the judgment of dismissal, and no case shall be dismissed without the permission of the Judge of the Cor- poration Court, who shall be satisfied that the reasons so stated are good and sufficient to authorize such dismissal. . Cid Arita Le.) Sec. 154. The failure upon the part of the Judge of the Corporation Court, or of the clerk of the Corporation Court, to comply with the provisions of this chapter shall be cause for removal and impeachment of said officers, or either of them. (ld.,.Art. 213.) Sec. 155. No One in Employ of City to Represent Violator of City Ordinances—lIt shall be unlawful for any person who receives a salary from the City of Houston to be in any way, directly or indirectly, interested in the defense of any person charged with the violation of any ordinance of the City of Houston, or of any of the criminal laws of the State of Texas, 68 Revised Code of Ordinances ——_- — except so far as it may be necessary to give evidence in behalf of persons so charged with violating any of said ordinances, or one of said criminal laws. (ld., Art. 214.) Sec. 156. That the provisions in regard to judgments, executions and the collection of fines, as prescribed by the Code of Criminal Procedure, shall apply to the judgments, executions and collection of fines in the Corporation Court, the Judge having in regard to such matters all the powers of Justice of the Peace. (Id., Art. 215.) Sec. 157. That the different provisions, rights, powers and modes of procedure recited in the law passed by the Twenty-sixth Legislature of the State of Texas, entitled “An Act to establish and create in each of the cities, towns and villages of this State a State court, to be known as the Corpo- ration Court in said city, town or village, and to prescribe the jurisdiction and organization thereof, and to abolish Municipal Courts,” are hereby adopted, so far as applicable, and are to be enforced and applied in the administration of the Corpora-. tion Court of the City of Houston. (lId., Art. 216.) Sec. 158. Corporations, Jurisdiction Over; How Acquired Over—That in every case where a corporation violates a penal ordinance of the City of Houston it shall be sufficient for the Corporation Court to acquire jurisdiction over the said corpo- ration for the purpose of trying the suit, for a citation to issue from the Corporation Court and be served upon said corpora- tion by some member of the Police Force, the manner of service to be that provided for service of citation in civil suits upon corporations by the laws and statutes of Texas. The said © citation shall state briefly the offense with which the corpo- ration is charged and the time and place of the hearing there- on, and shall require'the corporation at such time and place to answer the said complaint. And it shall not be necessary to acquire jurisdiction over a corporation violating an ordi- nance of the City to make any arrest in connection with the prosecution. (June 23, 1910; Ord. Bk. 2, p. 569, Sec. 1.) Sec. 159. Fines, How Assessed Against Corporations— In every case in which a corporation may be guilty of violating a penal ordinance of the City of Houston, and a fine is assessed therefor in the Corporation Court, such fine shall be assessed against the corporation, and may be assessed also against the manager or other person in charge of the business of said cor- poration, and against the particular agents or persons en- of the City of Houston 69 gaged in the violation of the ordinance, and such manager or other person and agents may be joined as defendants in the complaint and prosecution against the corporation or not, as the person filing said complaint may consider advisable in the particular case. (Id., Sec. 2.) 70 Revised Code of Ordinances CHAPTER XII. Definitions. Sec. 160. Time—The words used in this compilation and revision in the past or present tense include a future as well as the past and present. Gender—Words used in the masculine gender include the feminine and neuter. Number—The singular includes the plural, and the plural includes the singular number. Person—The word “person” includes a corporation, a firm or a partnership as well as a natural person. Writing—‘“‘Writing,” or ‘Written,’ includes printing on paper. Signature or Subscription includes mark where the person — can not write. Property—The word “property” includes real and personal property. Real Property includes land, tenements and hereditaments. Personal Property includes every species of property ex- cept real property as above defined. 7 Year and Month—The word “year” means a calendar year, and the word “‘month” means a calendar month. Bond—When a bond is required, an undertaking: in writ- ing is sufficient. Money—The word “money” includes gold and silver coin and bank notes or bills. The City—The words “the city” mean the body corporate created by the act of incorporation. The Council—The words “the Council’ mean the Mayor and Aldermen acting as the City Council of Houston. The Corporation—The words “the Corporation” mean the city as above defined. The Mayor—The words “the Mayor” include and apply to any Alderman acting as Mayor. (Code 1904, Art. 55.) of the City of Houston 71 CHAPTER XIII. Elections. Article 1.—General, Etc. 2.—Primary. ARTICLE 1. GENERAL, ETC. Sec. 161. Qualifications of Electors—All qualified electors of the State, who shall have resided for six months next pre- ceding any election for city officials within the limits of said City, shall have the right to vote for Mayor and all other elec- tive officers of said city; provided, in all elections to deter- mine the expenditure of money or assumption of debt, only those shall be qualified to vote who own real estate within the limits of said city. (Code 1904, Art.:824.) Sec. 162. Adoption Precincts Laid Out, Etc., by Commis- sioners Court—That in all city elections held in the City of Houston, except where different election precincts or districts may be prescribed by an ordinance or resolution calling for the particular election, said election shall be held in and for the districts or precincts in said City of Houston as are now or hereafter may be laid out, prescribed, established and de- fined by the Commissioners Court of Harris County, Texas. (Amendment Feb. 23, 1914; Ord. Bk. 4, p. 173, Sec. 1.) Sec. 163. Duties of Mayor, Etc.; Judges, Etc.; Polls; Notice—For conducting city elections, whether general or special (except primary elections), the Mayor shall appoint a Presiding Judge and an Assistant Judge and two Clerks to preside and conduct the election at each voting place. The Mayor shall also designate the place for holding the polls. And the election shall be conducted in every respect in accord- - ance with this article and the State Election Laws. Said elections shall be called and notice of said elections shall be given by the Mayor, which notice shall state the time of holding the election; the various offices for which candi- dates are to be voted for, the proposition submitted to the people where one is submitted, the names of the place or places in each precinct where the polls shall be held, the name of the presiding officers and judges of the election. Said ie Revised Code of Ordinances notice shall also state the hours for opening and closing the polls. And the Mayor shall cause said notice to be posted up at the places designated for holding said election for thirty (30) days prior to the date of said election. And if he chooses to do so, the Mayor may also issue and have published in some daily newspaper published in the City of Houston a procla- mation containing the information required to be given in such notice, which proclamation may be published at least once, more than twenty (20) days before the date of said election. (Mar. 4, 1907; Ord. Bk. 2, p. 350, Sec. 2.) Sec. 164. Returns of Election; Examination, Etc.; Cer- tificates of—In the regular election to be held on the second Monday in April, 1907, and every two years thereafter, for the election of a Mayor and four Aldermen at large, in the City of Houston, and in all other elections, the returns of said election, properly signed and certified as correct by the judges and clerks thereof, shall be made up immediately after the said vote is cast, and shall show the vote cast for each candi- date, or shall show the vote cast for each proposition, where propositions are submitted to the voters in the particular election, and shall be sealed and immediately delivered after such election, to the Mayor and City Council, whose duty it shall be, at the first regular meeting after the election is held, to examine and count the returns of said election and to can- vass the same and declare the result thereof; and when the election is held for the election of City officials, to issue proper certificates to the successful candidates, signed by the Mayor, provided, that if no regular meeting shall be held within one week after said election is held, it is hereby made the duty of the Mayor to call a special meeting of the City Council for the purpose of counting the vote and determining the result of the election within one week after the same is held, and in elec- tions held for the purpose of electing City officials, the officers declared to be elected at such election shall be entitled to qual- ify immediately after the declaration of the result of the elec- tion upon taking the oath of office prescribed by law; in all elections other than elections held for the election of City offi- cials it shall also be lawful for the vote to be canvassed and the result declared by the Council at any special meeting of the Council calléd at a time after the receipt by the Mayor of the returns of the election and prior to the date above specified. In case the Mayor, for any cause, shall fail or refuse to act, then the City Council, or a majority thereof, shall perform the duty herein assigned to the Mayor. (Id., Sec. 3.) of the City of Houston 13 Sec. 165. Who Shall Vote—None but qualified voters of the City of Houston shall be permitted to vote in any City elec- tion, and such voters shall have paid their State and County poll taxes, or have exemption certificates as required by the General Election Law, and shall have such other qualifications as may be prescribed by law for persons voting in the partic- ular election. (Id., Sec. 4.) Sec. 166. Polls Opened and Closed—The polls at said election shall be opened at eight o’clock a. m. and closed at seven o’clock p.m. And generally the manner of holding said City elections shall be governed by this ordinance and by the Charter of the City of Houston, and the laws of the State, where applicable. (Id., Sec. 5.) Sec. 167. City to Furnish Ballots—That the official ballot cast in City elections shall be prepared, printed and distrib- uted by and under the supervision of the Mayor or City Coun- cil, and at the expense of the City of Houston. (Id., Sec. 6.) Sec. 168. Candidates to Be Placed on Ballot—That in regular elections held for the election of a Mayor and four Aldermen at large, there shall be placed on the official ballot the names of such persons as may have been nominated as candidates of any particular party or political organization, in accordance with the laws of the State, the Charter of the City of Houston, and the ordinances made in pursuance there- of, at a general primary, and the names of such other persons as may be entitled to be placed on said official ballot under the terms of the General Election Law and the Charter and ordinances of the City of Houston. (ld., Sec. 7.) Sec. 169. Date of Holding Regular—There shall be held on the second Monday in April, 1907, and every two years thereafter, a regular election for the election of a Mayor and four Aldermen at large; and said election shall be called by the Mayor and notice thereof given as herein prescribed. (ld., Sec. 8.) ARTICLE 2. PRIMARY. Sec. 170. Date for Holding Primary Elections—That where any political party or political organization whatsoever, entitled under the law to hold a Primary Election for the selec- tion of candidates for the offices of Mayor of the City of Houston, or Aldermen of the City of Houston, or Controller, shall determine to hold such Primary Election, the same shall 74 Revised Code of Ordinances be held not later than a date at least thirty (80) days before the date of the regular election for a Mayor, four Aldermen and Controller; that is, not later than a date at least thirty days before the second Monday in April of the year in which the election is held. (Jan. 28, 1907; Ord. Bk. 2, p. 362, Sec. 1.) Sec. 171. Written Application Necessary to Be Placed on Ballot; Requisites of Application; How Voted For—The name of no candidate for the office of Mayor or Aldermen or Con- troller of the City of Houston shall be received or placed on the official ballot at such Primary Elections, unless the said candidate possesses all the qualifications prescribed by the Charter of the City of Houston as necessary for an incumbent of said office, nor shall the name of any candidate for Mayor, or Aldermen or Controller, or member of the executive com- mittee, be received or placed on the official ballot unless the said candidate presents a written application containing each and every Charter requirement, and agreeing to abide by the result of such Primary Election, signed by the applicant or by his authority, to the executive committee of such political party or political organization, to be placed on the official ballot as a candidate for such office or position, and if a candidate for Alderman, describing the position for which he is a candidate, at least ten (10) days before the date of said Primary Election and the said candidates who are voted for at said Primary Election shall be voted for at large by all of the legally qual- ified voters of said party or organization in said city, without restricting the nomination of candidates for either position to any smaller designated territory within the limits of said city; nor shall the name of any candidate presented to be placed on the official ballot of said Primary Election be ac- companied by any territorial or other. designation which shall have the effect, either directly or indirectly, to present said candidate before the people as the candidate of any particular section or part of the city, or other than as a candidate at large from the city as a whole. (Amendment March 3, 1914; Ord. Bk. 4, p. 220, Sec. 1.) Sec. 172. Precincts Laid Out, Etc., by Commissioners Court Adopted—Said Primary Election shall be held in and for the districts or precincts as are now or as hereafter may be laid out, prescribed, established and defined by the Commis- sioners’ Court of Harris County, Texas. (Id.) Sec. 173. Nomination of Candidates, How Determined— That at said Primary Election the nomination of candidates shall be determined as follows: of the City of Houston 7G" (a) Candidates receiving a majority of first choice -votes for any office shall be nominated. If the full number of candi- dates to be nominated do not receive such a majority of the first choice votes for such office, a canvass shall then be made of the second choice votes received by those candidates for the said office who are not nominated by first choice votes; said second choice votes shall be added to the first choice votes re- eeived by such candidates, and candidates who with such addi- tion shall receive a majority shall be nominated. (b) If by the count of either first choice votes, or first and second choice votes, as above provided, more candidates than there are places to be filled shall receive a majority, the can- didate or candidates equal in number to the number of places to be filled having the highest vote shall be nominated. (c) If the full number of candidates to be nominated do not receive a majority by adding first and second choice votes, as above described, a canvass shall then be made of the third choice votes. received by those candidates for said office who are not nominated either by first choice votes, or by adding first and second choice votes; said third choice vote shall then be added to the first and second choice votes received by such candidates and the candidates equal in number to the number of places remaining to be filled who receive the highest num- ber of votes by said addition shall be nominated. (d) A tie between two or more candidates shall be decided in favor of the-one having the highest number of first choice votes.: If they are also equal in that respect, then the highest number of second choice votes shall determine the result. If this does not decide, then the tie shall be determined by lot. (e) The word “majority,” when used in this chapter, shall mean more than one-half of the total number of ballots cast at such election. (Id.) Sec. 174. Qualifications of Voters—None but qualified voters of said City of Houston shall be allowed to vote at said election, and any person voting at said election shall also pos- sess such additional qualifications as may be prescribed by the political party or organization holding said Primary Election. And any person undertaking to vote in said Primary Election shall present to the officers thereof his poll tax receipt show- ing payment according to law of any and all taxes due by him or shall present his exemption certificate in the same manner as provided by law in holding regular elections; and no per- son failing to comply with the laws prescribed for holding 76 Revised Code of Ordinances regular elections in this particular shall be permitted to vote. (Id.) : Sec. 175. Mayor to Give Notice of Holding Such Elec- tion; Contents of Notice; Executive Committee to Furnish Names Judges, Etc.—If the executive committee of any pol- itical party or other political organization authorized by the law to hold a primary election shall determine to hold a pri- mary election, then said executive committee shall notify the Mayor of the City of Houston in writing of said determin- ation to hold a political primary, more than thirty (80) days prior to the date of said primary; and the Mayor of the City of Houston after receiving said written notice shall, in the name of said executive committee, countersigned by the Mayor, give notice of said election, which notice shall state the time of holding the election, and the various offices and positions for which candidates are to be voted on, the names of the place or places in each precinct where the polls shall be held, said places to be determined by the Mayor and City Council; the names of the presiding officers and judges of the election, which are to be furnished by the said execu- tive committee, but in default of being furnished by said executive committee, such presiding officers or judges of the election shall be designated by the Mayor and City Coun- cil, four members of the political party or political organi- zation holding the election. Said notice shall also state the hours for opening and closing the polls; and the Mayor is directed to cause said notice to be posted up at the places designated for holding said election for thirty (80) days prior to the date of said election; and if he chooses to do so, the Mayor may also issue and have published in some daily news- paper published in the City of Houston, a proclamation con- taining the information required to be placed in said notice, which proclamation may be published in some daily newspaper published in the City of Houston, at least once, more than twenty (20) days before the date of said primary election. All the expense of posting said notices and of providing the places for holding the said primary election shall be paid by the City of Houston, as well as the expense of publishing said notice of election, if the Mayor shall determine to publish the same. (Jan. 28, 1907; Ord. Bk. 2, p. 362, Sec. 6.) Sec. 176. Executive Committee to Furnish Mayor Names Judges, Etc.—At the time when said executive committee de- termines to hold said primary election, and when they notify the Mayor and City Council of their intention so to do, they - of the City of Houston Ue shall at the same time furnish to the Mayor for each election precinct, as designated by this article, the names of a Presid- ing Judge therein, of an Assistant Judge at said precinct, and of two (2) Clerks at said precinct. (Id., Sec. 8.) Sec. 177. Polls Opened and Closed, When—The polls at said primary election shall be opened at eight (8) o’clock a. m. and closed at seven (7) o’clock p. m., and generally the manner of holding said primary election shall be governed by this article and by the Charter of the City of Houston, and the laws of the State, where applicable. (Id., Sec. 9.) Sec. 178. Executive Committee to Furnish, Etc., Names, Etc.; Form of Ballots, to Be Furnished by the City; Manner of Voting, Etc.—(a) At least nine (9) days before the date of holding said primary election, the executive com- mittee of the particular party or political organization holding the primary election shall furnish to the Mayor or City Council of the City of Houston a list of the names of all qualified can- didates who have presented to said executive committee their written application, to be voted on as candidates of the pol- itical party or political organization for the offices of Mayor, for the offices of Aldermen at large, the latter each designating the position for which he is a candidate, and Controller, and as members of the executive committee of said political party or organization; and the Mayor or City Council shall there- upon have printed at the expense of the City of Houston, and furnish to the officers of the election, the official ballot of per- sons to be voted upon at the primary election of said political party or organization, together with all necessary stationery. (bo) In gaid official ballot there shall not be attached to the name of any candidate any designation which may have the effect, either directly or indirectly, to cause him to be re- garded as a nominee or candidate of a particular section of the city or other than a candidate at large; nor shall the name of any person presented in violation of the terms of Section 171 be printed on said official ballot. (c) The ballots shall contain a complete list of the offices to be filled and the names of the candidates of such political party therefor. When the number of candidates is more than three times the number of offices to be filled the form of the ballot shall be substantially as follows: It shall be designated “Official Ballot.’”’, Underneath this shall appear the following: —_—______—_——__-(name of political party) primary for the nomination of elective officers. | 78 Revised Code of Ordinances (d) Instructions to voters. To vote for any candidate place a cross (X) mark with ink in a blank space opposite the name of the candidate for whom you desire to vote. If you wrongly mark, tear or deface this ballot, return it to the judges of the election and obtain another. Do not vote more than one choice for any candidate, as only one choice will be counted. Vote as many third choices as you wish. Vote your first choice in the first column. Vote your second choice in the second column. Vote in the third column for all the other candidates whom you wish to support. | (Suggested form for ballot without heads and instruction.) One Mayor to Be Nominated. First Second Third Mayor Choice Choice Choice (Names of Candidates) © _ Four Aldermen or Commissioners to Be Nominated. Alderman First Second Third No. 1 Choice Choice Choice Tax and Land Commissioner— (Names of Candidates) Alderman First Second . Third No. .2. Choice Choice Choice Fire Commissioner— (Names of Candidates) Alderman First Second Third No. 3. Choice Choice Choice Street and Bridge Commissioner— (Names of Candidates) Alderman First Second Third Noe: Choice Choice Choice Water Commissioner— , (Names of Candidates) One Controller to Be Nominated. Controller— First Second Third (Names of Candidates) Choice Choice Choice One Chairman— Chairman of * First Executive Committee— Choice (Names of Candidates) Second Choice Executive Committee to Be Elected. Third Choice of the City of Houston 79 Four—————E‘xecutive Committeemen to Be Elected. Executive Committeemen— First Second Third (Names of Candidates) Choice Choice Choice (Other officers, if any, charter amendments or other refer- endum matters to be voted upon here.) (e) When the number of candidates is more than three times the number of places to be filled the ballot shall contain three columns as above, headed, respectively, first, second and third choice, so that there shall be three blank spaces after the name of each candidate, one under each of said desig- nations. (f) When the number of candidates is more than two times the number of offices to be filled, and not more than three times the number of offices to be filled, the ballot shall give first and second choice columns only. (g) When the number of candidates is not more than two times the number of offices to be filled, only one column for marking votes shall appear. (h) The instructions to voters shall be changed to corre- spond with the number of columns for choice on the ballot. (i) All ballots shall be of the same size and quality, on white paper of the same tint and same kind of type, and printed with black ink. Space shall be provided for charter amendments and other questions to. be voted on at City elec- tions. The names of the candidates shall be arranged by lot by the executive committee as provided by law. (j) Such executive committee at least ten days before the primary election shall cause, at the expense of the City, as many sample ballots as may be necessary to abundantly supply the voters to be printed upon paper of different color, but oth- erwise identical with the ballots to be used at the election, and shall distribute the same upon application to the qualified voters of said City. : (k) Such ballots shall be counted at the time and in the manner provided by law, and the judges shall cause to be en- tered the number of first, second and third choice votes for each candidate on the tally sheet and make return thereof to the executive committee as provided by law. (1) If a ballot contain more than one vote for the same candidate, only the one of such votes highest in rank shall be counted. All ballots shall be void which do not contain first and second choice votes for as many candidates as there are offices to be filled, if the voter votes for any candidates for SO nie Revised Code of Ordinances any such office or offices, and shall also be void if, in voting for a candidate for any single office where there are two or more candidates, the voter fails to vote for a first and second choice. If a ballot contain either first or second choice votes . in excess of the number of offices to be filled, no vote in the column showing such excess shall be counted. (m) No informalities in conducting a municipal primary election shall invalidate the same if they be counted fairly and in substantial compliance with the Constitution and laws of the State of Texas and the Charter and ordinances of the City of Houston. (Amendment Mar. 3, 1914; Ord. Bk. 4, p. 220, Sec: th.) | Sec. 179. Executive Chairman and Committee—The di- vision of the City of Houston into wards having been abolished by the present Charter of the City of Houston, there should be voted for and elected at said primary election by a vote of all the qualified voters at large of the City of Houston who are - members of the political party or organization holding said primary, a chairman of the executive committee of said polit- ical party or political organization for. the City of Houston, and also four (4) members at large of said executive commit- tee, in addition to the chairman thereof, as prescribed by the Terrell Election Law. The names of candidates for members of the executive committee shall be presented to the executive committeee in the same manner as the names of candidates for Mayor and for Aldermen at large; and all the terms of this article shall apply to the chairman of the executive com- mittee and to the four (4) executive committeemen at large, in the same way as to the candidates for Mayor and Aldermen. (Jan. 28, 1907; Ord. Bk. 2, p. 362, Sec. 11.) Sec. 180. Returns of Election; Canvassing Thereof; Cer- tification of Candidates Nominated—The returns of the pri- mary election, properly signed and certified, shall be made up immediately after the said vote is cast, and shall be properly signed and certified as correct by the judges and clerks of said election, and shall show the first choice vote, the second choice vote and the third choice vote cast for each candidate, and shall be sealed and immediately delivered, after such primary election, to the chairman of the City Executive Committee of the political party or organization. Said chairman shall give notice at once to the members of the City Executive Committee to assemble at the City. Hall of the City of Houston, at a date not later than two days after the holding of said primary elec- of the City of Houston $1 tion, and said returns shall then be opened under the direc- tion of such executive committee and canvassed by them. They shall then make a list of the candidates who have been nomi- nated as candidates by such political party for the various offices and positions, being governed and controlled in deter- mining such facts and making such list by Section 173 hereof and other provisions of this article applicable and not incon- sistent with said Section 173, which list of candidates so nomi- nated the chairman of the executive committee shall certify to be correct and deliver to the Mayor and Council of the City of Houston, who shall cause the names of the candidates who have received the necessary vote to nominate, to be printed in some newspaper published in the City of Houston, and to be printed on the official ballot in the regular election for City officials, to be held thereafter. After the votes are counted by the judges of the election of each precinct, and returns cor- rectly prepared, the votes shall be sealed in the ballot boxes and turned over by the judges of election, along with their returns, to the City Executive Committee and said sealed ballot boxes shall be by the City Executive Committee turned over to the City Secretary of the City of Houston at the time when the vote, as canvassed by the executive committee of the pol- _ itical party, is certified to the Mayor and Council. (Amend- ment Mar. 3, 1914; Ord. Bk. 4, p. 220, Sec. 1.) Sec. 181. Judges, Etc., Must Have Paid Poll Taxes—No one shall serve as a judge, clerk or officer in the primary elec- tion, unless he has paid his poll taxes and is qualified to vote in the said primary election. (Jan. 28, 1907; Ord. Bk. 2, p. 362, Sec. 138.) Sec. 182. Candidates May Select Supervisors; Duties of; Appointment—Any one-fourth (14,) of the candidates whose names appear on the official ballot may on the day preceding the election or prior thereto, agree in writing signed by them, - upon two (2) Supervisors in each election box and when such officers have been so selected their selection shall be notified in writing to the chairman of the executive committee, or to the executive committee, and said Supervisors shall then be named as election officers, and shall be sworn as election offi- cers, and while the election is being held they shall remain in view of the ballot boxes until the count is concluded, and they shall report any fraud or irregularity occurring to the next Grand Jury; all the expenses of said Supervisors shall be paid by the applicants; if said executive committee, or the chairman of the executive committee, refuses or fails to name such Su- 82 Revised Code of Ordinances pervisors as election officers when said selection in writing has been presented to him, or them, the applicants for the appoint- ment of said Supervisors shall at once file with the Mayor and Council a written complaint setting up such application to the executive committee, or to the chairman thereof, and the fail- ure or refusal of said committee or the chairman thereof, and thereupon the Mayor and Council, either at a regular meeting, or any executive session, if the Supervisors named are qual- ified voters and members of the political party or organization holding said primary election, shall designate them as joint officers to hold said primary election, who when so designated shall enter upon their duties, being duly sworn, and participate in the holding of said election as Supervisors along with the election officers designated by the executive committee; but the expense of each Supervisor shall be paid by the candidates at whose instance they are named. (Amendment Jan. 30, TOT: Ord Bk e380 25 ect) of the City of Houston 83 CHAPTER XIV. Electrical Department. Article 1.—Creation, Etc. 2.—City Electrician, Etc. 3.—Construction, Etc. ARTICLE 1. CREATION, ETC. Sec. 183. Creation of —That there is created the Electrical Department, of which the City Electrician, under the super- vision and jurisdiction of the Mayor and City Council, shall be the executive head, and this department shall have control over electrical wiring, and the construction, installation, alter- ation, operation and maintenance of electrical wiring, work, apparatus, poles and fixtures within the City of Houston and the inspection thereof. (Mar. 11, 1914; Ord. Bk. 4, p. —, Sec. 1.) Sec. 184. Composition of—That the Electrical Depart- ment shall consist of the City Electrician and suck assistants and employees as may be allowed by the Mayor and City Council. (Id., Sec. 2.) ARTICLE 2. CITY ELECTRICIAN, ETC. Sec. 185. Creation of Office; Qualifications—That there is created the office of City Electrician; that he shall be a practical and skilled electrician and shall be appointed by the Mayor and confirmed by the City Council. (Mar. 11, 1914; Ord. Bk. 4, p. —, Sec. 4.) Sec. 185a. Oath; Bond—That the City Electrician shall, before entering upon the discharge of the duties of his office, take the constitutional oath of office, and execute and deliver to the City a good and sufficient bond with sureties thereon to be approved by the Mayor, in the sum of One Thousand Dollars ($1000.00), conditioned for the faithful performance of the duties of his office, as prescribed by the ordinances. (Id., Sec. 5.) 84 Revised Code of Ordinances Sec. 186. Duties of; Restrictions Upon Engaging in Busi- ness, Etc.—That the City Electrician shall have charge of the fire and police telegraph systems of the City of Houston and shall keep the same in the highest state of efficiency; that he shall have the power, and it shall be his duty, to inspect or re-inspect all overhead, underground and interior wires and apparatus conducting electric current for any of the purposes set forth in the ordinances, and when said conductors or appa- ratus are found to be unsafe to life or property, he shall notify the person, firm, corporation or association ‘owning, using or operating the same, to place the same in a safe condition with- in forty-eight (48) hours and it shall be their duty so to do. He shall be charged with the duty of enforcing all the ordi- nances of the City of Houston relating to electrical wiring, and the construction, installation, repair, alteration, operation and maintenance of electrical wiring, work, apparatus and fixtures, and with the inspection of the same. He shall also institute, by and with the advice of the City Attorney, such prosecutions as may be necessary against any violators of the ordinances with the enforcement of which he is charged; he shall devote his entire time and attention to the duties of his office and shall make such rules and regulations as he may deem advis- able for the successful operation of his department, subject to the approval of the Mayor and City Council. He shall perform such other duties as may be imposed upon him by the ordi- nances, or by the Mayor and City Council; he shall make full reports each month to the City Council of all work inspected by him and fees collected, and such other matters as may be connected with his office. He shall not be a member of any firm or corporation in business, or controlling any branch or occupation thereof, or be interested in any work let or to be let, or perform any duties not expressly provided in this chapter or by the City Council. (lId., Sec. 6.) Sec. 187. Salary of; Appointment of Assistants, Etc.; Suspension of Assistants, Etc.—That the City Electrician Shall receive a salary of One Hundred and Ninety Dollars ($190.00) per month; that the assistants and employees of the department, allowed by the Mayor and City Council, shall be appointed by the Mayor, and shall recéive such salary as the Council may fix. That the City Electrician, with the ap- proval of the Mayor, may suspend any of such assistants or employees for insubordination or inattention to, or neglect of, _ duty, or violation of the ordinances, until he has been removed, discharged or reinstated, and during the time of such sus- of the City of Houston 85 pension, unless he be reinstated without prejudice, he shall not be entitled to the pro rata portion of his salary. (Id., Sec. 7.) ARTICLE 3. CONSTRUCTION, ETC. Sec. 188. Definition Words “City Electrician,” ‘‘Master Electrician,” “Contracting Electrician” and ‘Journeyman Electrician’’—That the words “City Electrician,’ wherever used in this chapter, shall be held and construed to mean and include the City Electrician or any of his duly authorized as- sistants; provided, that the words “Master Electrician,’ wher- ever used in this chapter, shall be held and construed to mean a qualified Journeyman Electrician, contracting for himself, or for a Contracting Electrician, or an individual having had at least four (4) years’ experience ‘in electrical contracting or superintending electric work; proyided, that the words “Contracting Electrician,’ wherever used in this chapter, shall be held and construed to mean any person, firm or corporation (not coming under the meaning of “Master Electrician’), con- ducting the business of wiring and the construction, installa- — tion, repair, alteration and maintenance of electric wiring, work, apparatus and fixtures; provided, that the words “Jour- neyman Hlectrician,” wherever used in this chapter, shall be held and construed to mean an electrician exceeding twenty- one years of age who shall have had at least four (4) years’ practical experience at his trade. (Mar. 11, 1914; Ord. Bk. 4, p. —, Sec. 3.) Sec. 189. “National Electric Code,’’ Amendments, Sup- plements, and Subsequent Codes Adopted, Etc.—That the rules and regulations of the National Board of Fire Under- writers embodied in its “National Electric Code” published in 1913, and such subsequent codes, amendments and supplements as the said National Board of Fire Underwriters shall adopt; are hereby adopted as the rules and regulations to govern and be observed and followed in all electrical wiring, and all con- struction, installation, repair, alteration, operation and main- tenance of electrical wiring, work, apparatus or fixtures, ex- cept as may hereafter be specially provided in this chapter, and the same are hereby made a part of this chapter and of the ordinances of the City of Houston as fully as if copied herein in full; provided, that any printed book marked ‘National Electric Code 1913,” or any subsequent year, or any book which purports to be a supplement or amendment to such code, 13 | 86 ¢ Revised Code of Ordinances which purport on their face to be the rules and requirements of said National Board of Fire Underwriters governing such matters, shall be admitted in evidence with the same force and effect as the original rules and regulations without other or further proof, and the interpretation of the code by the City Electrician shall be final. (Id., Sec. 8.) Sec. 190. Metal Conduits, Etc., When Required—That the wires used for conducting electricity except telephone, tele- graph, call bell or similar systems shall be inclosed in approved metal conduits or metal moulding, installed in accordance with the rules and regulations of said “National Electric Code,”’ provided, that the provision requiring metal conduits or mould- ing shall apply only within the fire limits of said City of Hous- ton, or such fire limits of said City as the same may be‘here- after extended. This rule shall apply to all apartment houses of over two (2) apartments and all buildings used for public gatherings in the City of Houston. (ld., Sec. 9.) Sec. 191. Fuse Blocks, Etc.; Additional Requirements Not Contained in ‘National Electric Code’’—That it shall be unlawful for any person to bridge a fuse block with wire or fuse any conductor above its rated capacity; provided, that in all installations where half-inch conduits are used, only three +14 wires, or three #12 or two #10 single wires will be al- lowed in this size circuit, nor will more than four #14 or four +12 single wires or more than two #14 or #12 Duplex wires be allowed in three-fourths inch conduit and all conduits must be of the size to permit the easy insertion and withdrawal of all wires and the use of any compounds or lubricants other than soapstone is prohibited; provided, that all wires for elec- tric bells shall have waterproof or damp proof insulation ; pro- vided, that in bath rooms and kitchens and also wherever there is a cement or tile floor, cord drops are to consist of re- inforced lamp cord and porcelain sockets and all metal lighting fixtures are to be wired with +14 wire and to have porcelain sockets. At least one flush receptacle “Edison Screw Base’ Shall be placed in each dressing room of each theatre, opera house or public hall; provided, where wiring installation is of knob and tube system, all outlets shall be provided with metal conduit outlet boxes with fixture studs, the boxes to be fireproof with only such openings necessary for the placing of flexible conduit from last knob to the box. These boxes must be supported with four bolts to a header which must be secured to the ceiling joist so that there will be no strain on the ceiling. (Id., Sec. 21.) of the City of Houston 87 Sec. 192. Permits Necessary for Electrical Work, Etc.; Restrictions Upon City Electrician as to Issuance of Permits; Exemptions—That no person, firm or corporation, or officer, or receiver or employee of such corporation, shall do or cause or permit to be done any interior or exterior wiring, or any construction, installation or alteration of any electrical wir- ing, work, apparatus or fixtures within the City of Houston, without first having obtained a permit for the particular work from the City Electrician of said City; provided, that the said City Electrician shall not issue a permit for any such work to any person, firm or corporation who has not been regularly licensed as a Master Electrician or Contracting Electrician to do electric wiring, and the construction, installation and al- teration of electric wiring, work, apparatus and fixtures, by the Board of Examiners for electricians elsewhere provided for in this chapter; provided, that repair work may be done only by a duly licensed Master Electrician or a duly licensed Contracting Electrician without a permit, but such _ re- pairs must be reported in writing, on blanks provided by the city, to the City Electrician for inspection, but without charge for such inspection; provided, that in establishments or build- ings having permanently in its employ a man of such mechan- ical and electrical knowledge.and experience as to be able to make electrical installations for light, heat and power, may have such employee take the examination hereinafter provided and if the applicant shall prove to the Board of Examiners his ability to properly install such work, a license shall be granted him to do electrical repair work only in the establishment or building in which he is employed by complying with the con- ditions elsewhere provided in this chapter; provided, that re- quirements as to license shall not apply to telephone and tele- graph, lighting and power companies or street railways. (Id., Sec. 10.) Sec. 193. Applications for Permits; City Electrician to Issue Permit, When; Work Not to Be Done Without Permit; Wiring, Etc., Not to Be Concealed Until; Corrections; Per- mit Necessary to Turn on Current; Temporary Permit—That every person, firm or corporation or company desiring to in- stall wires or other apparatus for the use of electrie current for illumination, decoration, power or heating or any altera- tion or addition to any electric wiring, work, apparatus or fixtures, shall, before commencing or beginning any work in connection therewith, file an application for a permit therefor in the office of the City Electrician, which application shall 88 Revised Code of Ordinances describe in detail the material and apparatus that it is desired to use, giving a full description of same and setting out the locality where it is to be employed or installed, giving street and number, and in case there is no number, such other de- scription as will fully locate place of said installation; pro- vided, that such application shall be passed upon by the City | Electrician, and if found proper and the applicant is fully qualified under this article, a signed permit for said work shall be given by said City Electrician; provided, that no work shall be done until said permit has been granted, and provided further, that no electrical wiring shall be concealed from view until inspected by the City Electrician or his inspectors, and accepted by him as in substantial compliance with the ordi- nances, regulations and rules governing same; provided, that such person, firm or corporation doing such work shall give at, least thirty-six (86) hours’ notice for inspection, and pro- vided further, that said person, firm or corporation shall be given due notice in writing of any correction or change deemed necessary by the City Electrician, or his inspector, and that such notice be returned to the City Inspection Department with correction or change endorsed thereon by such Master Electrician, firm or corporation as may be doing said work, and provided further, that before any electrical current shall be turned on or used in any electrical wiring, a permit there- for shall be issued to the firm, person or corporation furnish- ing said current, nor until a certificate of inspection has been issued by the City Electrician; provided, that said City Elec- trician may issue a temporary permit for the use of electrical current during course of construction of, or alteration of buildings, which permit shall expire when the electrical appa- ratus for said building is properly installed. (Id., Sec. 19.) Sec. 194. Inspections by City Electricians, Etc.; Au- thority of; Notice; Penalty—That the City Electrician, or his inspectors, is hereby authorized and empowered to inspect all apparatus and wires used in conducting electric current for - light, heat, power, telephone, telegraph or signal, and shall have the right to enter upon and inspect premises at any time , within reasonable hours and when said conductors or appar- atus are found unsafe for life or property, he shall then notify the persons, firm or corporation owning or using them that same are unsafe and shall order same to be placed in a safe and secure condition within forty-eight (48) hours, and any person, firm or corporation failing to comply with said notice - within said time, shall be held guilty of a misdemeanor and, of the City of Houston 89 upon conviction thereof in the Corporation Court, shall be fined not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) ; provided, that every day that shall elapse before said defects are corrected shall constitute a separate offense; provided, further, that in any case of failure to com- ply with this article the City Electrician shall have authority, after due notice, to cut out lights, service or current in any locality concerned and enforce discontinuance of the same until said requirements are complied with. (ld., Sec. 20.) Sec. 195. Fees for Inspection, Etc.—That for the inspec- tions by the City Electrician provided for in the ordinances, he shall collect inspection fees, as follows: For inspection of electric wiring for lights, fans and heating devices where A. C. or D. C. service is required in either con- cealed conduit or open work, 25c per outlet for the first 10; 15c per outlet for the second 10; 10c per outlet for 20 or more. For illuminating signs, for 20 or less lights, the charge shall be $1.00; and 5c for each additional light over 20 and up to and including 100 lights, and 214c per light for all lights ex- ceeding 100. | | For motors of 14 H. P. or over, there shall be a charge of $1.00 per motor; for motors where used on regular lighting system, of under 14 H. P., shall be included as one of the outlets of the regular lighting system. For every service connection for light, heat or power, for a cut-over or transfer of meter, 50c. For inspecting temporary installations for show windows, exhibitions, conventions and the like, $1.00 per hour or fraction (PHereos, For inspecting poles, anchors and guy-stubs, 25c each. For any new inspection for any of the above named installa- tions there shall be a charge of one-half of the original in- spection fee, provided that no inspection as called for above shall be made for less than $1.00. Before permits are issued, the contractor making application shall ascertain and make clear in his application, the total number of all outlets and the entire fee shall be paid for each outlet before the permit shall be issued. That whenever any customer of the Light and Power Com- pany shall make application to the Public Service Commis- sioner for a test of his meter or a test to determine the voltage, as is provided for in the ordinance creating the office of Public Service Commissioner, and the City Electrician makes the 90 Revised Code of Ordinances test provided for in said ordinance, or is present when such test is made, he shall be entitled to collect the sums provided for in said ordinance as fees of his office, and in case the meter should meet the requirements of the ordinance, or the voltage is sufficient and adequate according to the terms of the ordinance, then he shall collect the deposit from the Public Service Commissioner in payment of his fee, but should such meter not meet the test, or such voltage be inadequate and insufficient, then he shall collect from the Light & Power Company for the test of said meter the sum of $1.50, and for the voltage test, the sum of $1.00, which said fee, when col- lected by him, shall be remitted to the Assessor and Collector of Taxes, as in other cases. (ld., Sec. 24.) Sec. 196. Board of Examiners of Electricians; Composi- tion and Appointment; Power; Licenses—That there shall be created and established a Board of Examiners of Electricians consisting of the City Engineer of said city, who shall be chairman of said board; the City Electrician of said city, two master electricians of at least four (4) years’ experience, re- siding in said city, and one electrical engineer; provided, that the master electrician and electrical engineer, as members of the board, shall be appointed by the Mayor and confirmed by the City Council on the first Monday in April next, and on the first Monday in April each succeeding year thereafter, and a majority of said board shall constitute a quorum and be authorized to grant or refuse licenses as hereinafter provided ; and it shall make such rules and regulations not inconsistent with the Charter and ordinances of the City of Houston as it may deem meet and proper for the transaction of its business and the examination of applicants for licenses hereunder; provided, that it shall examine and pass upon the qualifications and fitness of all persons engaged in, or those that may here- after desire to engage in, the business, hereinbefore specified, either as master electricians or contracting electricians, and it shall not refuse any qualified person, firm or corporation a license on account of prejudice or other cause not pertaining to his qualifications and fitness, nor shall it grant any license to any person, firm or corporation through bias, favoritism or other cause except qualification. (Id., Sec. 11.) Sec. 197. Prerequisite to Obtaining License; Duties and Powers of Board of Examiners; Licenses—That the following shall be prerequisite to obtaining a license hereunder in ad- dition to such rules and regulations as may be made by said board, viz., that every applicant for a license shall agree, as of the City of Houston 91 a condition of its granting and issuance, to carry on said business or trade in strict accordance with the rules and regu- lations of the City of Houston in reference to said business or trade, and in accordance with the bond hereinafter provided and to do all work in accordance with the rules and regulations as prescribed in said “National Electric Code,” and in the amendments and supplements thereto and in and by the ordinances of the City of Houston; provided, that a master electrician shall be exceeding twenty-one years. of age and shall have had at least four (4) years’ experience in electrical contracting business or wiring and work and in the con- struction, installation, repair, alteration, operation and main- tenance of electric wiring, work, apparatus and fixtures, and shall stand such examination as to his qualification and fitness ~ as the said board may provide and establish, and a master electrician shall give the bond hereinafter required; provided, that a contracting electrician, whether an individual, firm or corporation, shall make the agreements hereinabove set out and shall give the bond hereinafter required, and shall agree, ‘in addition, to employ a duly licensed master electrician in the superintendence and execution of the work undertaken by it or him; provided, that whenever any person, firm or corpora- tion shall make application for a license to do electrical work, it shall be the duty of the said board to pass upon the ability and responsibility of such applicant as to whether he may be reasonably expected to satisfactorily complete any contracts that he may enter into with the citizens of Houston; provided, that the board shall adopt a uniform application blank which shall contain detailed information as to the applicant’s general and technical fitness for license, and shall contain, also, the re- port of said board in detail, with written record of examination on file in case of complaint or contest by the party having been examined and failed, and it shall be filed with the City Electri- cian, and he shall, when application is approved by said board, issue certificate to the City Assessor and Collector and license may then issue and not before; provided, that the Board of Examiners for Electricians shall keep a substantially bound book in which shall be kept a register of the names and places of business of all persons, firms or corporations to whom mas- ter or contracting electricians’ licenses are issued by it, and no license shall be issued for a longer period than one year, but may be renewed from year to year without further examina- tion, upon proper application ; provided, that each applicant for a master electrician’s license or a contracting electrician’s license shall pay to the city the sum of Twenty-five Dollars 92 Revised Code of Ordinances ($25.00) yearly, to be, by said City Electrician, turned into the treasury of the City of Houston through its proper re- ceiving officer; provided, that each master electrician or con- tracting electrician prior to the issuance of the license herein provided for shall deposit with the City Controller, to be approved by him, a bond in the sum of Twenty-five Hundred Dollars ($2500.00), with two or more good and sufficient sureties, or with some good surety company, payable to the order of the Mayor of the City of Houston and his successors in office, conditioned for the faithful performance of all work entered upon or contracted to be done, for the strict compliance with all the rules and requirements of the City of Houston and the “National Electric Code,” relating to electric wiring, work, apparatus or fixtures, that the licensee will indemnify and save harmless the City of Houston, and conditioned further, that said bond may be sued upon by any person aggrieved or injured by such licensee in the prosecution and - completion of such work, and that the same shall not be ex- hausted until a recovery for the full amount thereof is had, and further, that the said licensee will give a new bond when- ever there is a recovery of as much as twenty-five per cent (25%) of the old bond, or whenever the board may require it; provided, that the owner or agent of any establishment or building having a master electrician in its employ, as provided in Section 192, be required to give same bond as heretofore mentioned and pay the same license fee as hereinbefore re- quired, before having permit issued for work on his or his principal’s buildings; provided that, however, when the ma- terial furnished or work done or service performed shall have been inspected and a written or printed certificate of approval issued by the City Electrician, then the said master electrician or contracting electrician or other holder of said license shall be considered as having fulfilled the requirements of this chapter, and his responsibilities shall cease under the above bond for material furnished and work or service performed. (Id., Sec. 12.) Sec. 198. Unlawful for Master Electrician, Etc., to En- gage in Business; When—That from and after forty days after the passage of these ordinances, it shall be unlawful for any master electrician or contracting electrician to engage in his said business or trade unless he has been duly examined and licensed by the said Board of Examiners for Electricians. (Td:Sec. 13,) | of the City of Houston 93 Sec. 199. Unlawful to Transfer License, Etc.—That it shall be unlawful for any person, firm or corporation holding a license hereinunder to transfer the same or allow the use of same, directly or indirectly by any other person, for the purpose of obtaining a permit to do any of the electrical work hereinbefore specified. (Id., Sec. 14.) Sec. 200. Must Have One “Journeyman” on Job, Un- less—That it shall be unlawful for any master electrician or contracting electrician to do, or cause or permit to be done, any electric wiring, and the construction, installation, repair or alteration of electric wiring, work, apparatus and fixtures, without having at least one journeyman electrician on the job; provided, that if the master electrician is working on the job himself, the journeyman | is not to be required. (Id., Sec. 15.) Sec. 201. License Necessary; Except—That it shall be ~ unlawful for any person, firm or corporation to do, or cause, or permit to be done any interior or exterior wiring, repairing or remodeling of any electric wiring in the City of Houston: intended to carry a voltage of 25 volts or more, for light, heat and power, unless he be a duly licensed master electrician or some duly licensed contracting electrician or person, firm or corporation meeting all the requirements of this chapter; provided, that a helper may do electric wiring under the direct personal supervision of a journeyman electrician or master electrician; provided, that the journeyman electrician is em- ployed by a duly licensed master electrician or contracting electrician or owner or agent as provided by this chapter; provided, that nothing herein shall excuse the obtaining of a permit. (lId., Sec. 16.) Sec. 202. License Cancelled; When; Procedure—That any master electrician or contracting electrician who shall fail, neglect or refuse to comply with the said “National Elec- tric Code’’ in doing electrical wiring or in the construction, installation, repair, alteration or maintenance of electric wir- ing, work, apparatus or fixtures; or who shall fail to comply . with each and all the provisions of this chapter, shall forfeit his or its right to follow such business or trade, and the Board of Examiners shall have the right and it is hereby made its duty to cancel such license, first giving the licensee five (5) days’ notice of its intention so to do, if he does not show good cause why it should not be cancelled; provided, that said board in case of such hearing shall have the right to swear 94 - Revised Code of Ordinances and examine witnesses and to hear their testimony and if, after such hearing, it finds that such licensee is guilty of a violation of said code, or of the ordinances, as charged, or has done any of the things authorizing the forfeiture of his license, it shall enter in its said register of licenses granted, opposite the place where granted, a cancellation of such license; pro- vided, that in the event that such licensee fails to appear and show cause why said license should not be cancelled, then the said board may proceed, in the absence of such licensee, to hear and determine the facts and enter its order; provided, that in addition to the forfeiture of such license, the said licensee shall be subject to the other penalties hereinafter provided. (Id., Sec. 17.) | Sec. 203. Penalty—That any. person, firm or corporation, or any agent or employee of such person, firm or corporation, who shall do or cause or permit to be done any interior or exterior wiring or any construction, installation, repair, alter- ation, operation or maintenance of electric wiring, work, ap- paratus or fixtures in violation of this chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00), in the discretion of the Court; provided, that each day that such work may be allowed to be used and operated by having electric current turned on and in use shall constitute a separate offense; and in case of willful and continued violation of this chapter by any, such person, firm or corporation or company, or by any officer, agent or employee of such person, firm or corporation or company, the city shall have the power to revoke and repeal any ordinance under which said person, firm or corpora- tion or company may be acting and to revoke and repeal all permits, privileges and franchises granted to a person, firm, corporation or company, as aforesaid. Sec. 204. Permit Necessary to Erect, Etc., Poles, Etc.; Application for Permit—It shall be unlawful for any person, firm, corporation or their employees to erect or reset poles, anchors or guy-stubs without first filing application with the City Electrician for permit for said poles, anchors or guy- stubs to be erected. Application for pole setting shall show the location by streets, where the poles, anchors or guy-stubs are to be erected. The height, size and location of all poles, anchors, guy-stubs and wires shall be set according to the direction of the City Electrician, and whenever, in his judg- ment, it is necessary to remove or change such line or poles of the City of Houston 95 or wires for the purpose of facilitating safety or such other wires and poles, the person, firm or corporation owning said poles, lines or wires shall, upon written notice, reset, change or alter the height and location of such poles herein mentioned. (Id., Sec. 22.) Sec. 205. Manholes for Underground Systems—The loca- tion of all manholes for underground conduit system outlet lateral pipes, etc., shall be directed by the City Electrician and all companies using the streets, alleys and avenues of the City of Houston for underground purposes shall keep on file in the office of the City Electrician a map showing the location and number of ducts of their underground system. (lId., Sec. 23.) | Sec. 206. Deposits—Every contractor doing business in accordance with this chapter shall keep on deposit with the office of the City Electrician the sum of $25.00 for the pur- pose of clearing any possible balance due on original permit and prevent delay of service to the owner; a receipt for the balance due will immediately be sent to the contractor with statement of amount still on hand with the City Electrician. (ideesece2os) | Sec. 207. Cross Wires to Be Five Feet Apart—Whenever it shall become necessary for any electric light or power com- pany to carry its wires across the line of any fire alarm, tele- graph, telephone or other electric light or power company, such wires shall be at a distance from the other wires, of not less than five feet. And no wires shall be allowed over the city fire alarm and police telegraph wires, unless special per- mission is given in writing by the City Electrician. (Code 1904, Art. 107.) Sec. 208. Wires Only Placed Under Sheds, Etc., by Con- sent—No wires of telegraph, telephone, electric railways, elec- tric light or power company, shall be allowed under or above sheds, galleries or awnings without the written consent of the City Electrician, if deemed necessary. (ld., Art. 108.) Sec. 209. Each Electric Light Company to Have Tap- pers—The City Electrician shall erect in the station of every electric light or power company, at the expense of said com- pany, a suitable tapper, connecting with the fire-alarm system of the city, by which shall be indicated the location of all fires, and in the event of a fire in any district in which any company has wires, said company shall forthwith send a man prepared 96 Revised Code of Ordinances to remove the wires, under the direction of the City Electrician or the Chief of the Fire Department. (lId., Art. 115.) Sec. 210. May Use Property of Another Corporation— In case any person or persons, corporation or-association, de- sire to place along or across any of the streets, alleys or public places of the City of Houston, wires, tubes or cables, and shall, with the application and plat herein provided for, file in the office of the City Secretary the written consent of any telegraph or telephone company doing business in the City of Houston, to the placing of such wires, tubes or cables, upon the poles of said telegraph or telephone company, situated in the streets, alleys or public places named in such application, then the Fire Committee is hereby authorized to grant a per- mit for such occupancy of the poles of such telegraph or tele- phone company, with the restrictions, regulations and qualifi- cations as may be prescribed by said committee. (Id., Art. 117.) Sec. 211. City May Change Mode of Conducting Wires— Nothing contained in this chapter shall be so construed as to in any manner affect the right of the city in the future to prescribe any other mode of conducting wires over or under its thoroughfares. (Id., Art. 119.) Sec. 212. Shall File Application and Plat—Any person or persons, corporations or associations desiring to place along or across any of the streets, alleys or public places of the City of Houston, wires, tubes or cables, shall file in the office of the City Secretary an application therefor, stating in detail the streets, alleys or public places which said wires, tubes or cables are to occupy, and the manner in which said wires, tubes or cables are to be secured or supported and insulated, together with a plat showing the route of such wires, tubes or cables. (Id., Art. 120.) Sec. 213. Duty in Case of Broken Wire—Whenever any electric wire shall be broken, or be in unsafe condition, it shall be the duty of said owner of such wire, or the president or manager of the company owning or controlling such wire, to immediately cause the current to be discontinued until such wire is put in safe condition. (Id., Art. 126.) Sec. 214. Electric Wires, When Improperly Construct- ed—Whenever the trolley wire, guard wire, guy wire, or any other wire used in any way for the transmission of electricity of the City of Houston O7 shall be poorly or improperly constructed, it shall be the duty of the City Electrician to notify the owner of such wire, or the manager of the company having charge of such wire, to have the same remedied, and it shall be the duty of such manager to put such wire or wires in a safe and proper condition within one day after such notice; and every day that such manager shall fail to have the same remedied, after such notice, shall constitute a separate offense. (lId., Art. 127.) Sec. 215.. Each Company to Maintain at Least One Line- man—lIt shall be the duty of every electric light company and every electric street railway company to maintain at least one lineman, who can reach, within reasonable length of time, from their office in the City of Houston, their wires, to remedy breaks or poor construction of such wires, and keep their wires at all times in.a safe condition. (Id., Art. 128.) Sec. 216. Every Lineman to Wear a Badge—Every line- man or lampman shall wear a badge in plain sight, indicating his number and the company by whom he is employed, and in case of fire, this badge shall serve as a pass to admit the wearer inside the fire lines. (Id., Art. 116.) Sec. 217. Insulation—The insulation resistance on all the circuits of all companies shall be maintained at a standard approved by the City Electrician, and every facility for testing circuits shall be accorded said City Electrician, and all mate- rial used in construction, repairs or installation of all electrical works in this city, either inside or outside work, must be ap- proved by said City Electrician. (Id., Art. 109.) Sec. 218. Penalty—Every violation of the provisions of this chapter shall constitute a misdemeanor, and the persons, company or corporation, or any employee, agent, manager or officers thereof guilty of violating any of its provisions, shall, upon conviction thereof where no penalty is specially pro- vided, be fined not less than Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00) for each offense, and every violation of, and each and every day’s failure or refusal to comply with, said provisions shall constitute a sepa- rate offense, and in case of willful and continued violation of this chapter by any such person, company or corporation, as aforesaid, or their agents, employees, servants or officers, the city shall have the power to revoke and repeal any ordinance under which said person, company or corporation may be act- ing, and to revoke and repeal all permits, privileges and fran- chises granted to said persons, company or corporation as aforesaid. (lId., Art. 125.) 98 Revised Code of Ordinances CHAPTER XV. Engineering Department. Article 1.—Creation, Officers, Etc. 2.—Duties, Etc., of Officers, Etc. 3.—Surveys, Subdivisions, Etc. PAR TICEN Wd, CREATION, OFFICERS, ETC. Sec. 219. Creation, Etc.—That there is created an Engi- neering Department, which said department shall consist of a City Engineer, a First Assistant City Engineer, a Chief Plumbing Inspector, and such other plumbing inspectors, of- ficers and employees as may be allowed by the Mayor and City Council. (Mar. 11, 1914, Ord. Bk. 4, p.—, Sec. 1.) Sec. 220. Officers of; Officers to Take Oath of Office— That there are created the offices of City Engineer, First Assistant City Engineer, Chief Plumbing Inspector and such other officers and plumbing inspectors as the Mayor and City Council may from time to time add to the department. That all officers of the Engineering Department, before entering upon the discharge of the duties of their offices, shall take and subscribe to the constitutional oath of office. (Id., Sec. 2.) Sec. 221. Control, Etc., of—That the Engineering De- partment and its officers and employees shall be under the charge, control and direction of the Mayor and City Engineer, and the City Engineer shall, at all times, be responsible for the conduct of said department. (ld., Sec. 3.) Sec. 222. City Engineer; Qualifications; Bond—That the City Engineer shall be an engineer of not less than five (5) years’ professional experience, and shall be appointed by the Mayor and confirmed by the City Council, and shall hold said office subject to removal as provided by the Charter; he shall receive such salary as is now or may be fixed by the City Council. Before entering upon the discharge of the duties of his office, he shall execute and deliver to the City of Houston and thereafter whenever requested so to do by the Mayor, a bond in the sum of Five Thousand Dollars ($5000.00), payable to the said City of Houston, with at least three (8) good and of the City of Houston 99 sufficient sureties or a surety company authorized to do busi- ness in Texas, to be approved by the Mayor, conditioned for the faithful performance and discharge of the duties of his office as now or as may hereafter be fixed by the ordinances -of the City of Houston or by the Mayor or by the City Coun- cil; that said bond shall provide that the conditions thereof are to be performed in Houston, Harris County, Texas, and that in case of recovery thereon, the obligors will pay the expense incurred by or imposed upon the said City of Houston in or about the collection thereof, including a reasonable at- torney’s fee, and that said bond shall not become void until the whole amount thereof has been exhausted. (Id., Sec. 4.) Sec. 223. First Assistant City Engineer; Qualifications; Bond—That the First Assistant City Engineer shall be a civil engineer of not less than three years of professional experi- ence, and shall be appointed by the Mayor and shall receive such salary as may be fixed by the City Council. He shall execute and deliver to said City a bond in the sum of Two Thousand Five Hundred Dollars ($2500.00), of like tenor, terms, effect, provisions and conditions as required of the City Engineer. He shall hold his office subject to removal by the _ Mayor, as provided by the Charter. (lId., Sec. 10.) Sec. 224. Chief Plumbing Inspector; Bond—That the Chief Plumbing Inspector shall be appointed by the Mayor, and shall execute and deliver to the said City of Houston a bond in the sum of One Thousand Dollars ($1000.00), of like tenor, terms, effect, provisions and conditions as required of the City Engineer; that he shall receive such salary as is now or may be fixed by the City Council; that he shall be under the supervision, direction and control of the City Engineer and Mayor, and may be removed by the Mayor at any time, as provided by the Charter. (lId., Sec. 11.) ARTICLE, 2. DUTIES, ETC., OF OFFICERS, ETC. Sec. 225. City Engineer; Duties, in Addition to Other Duties—That it shall be the duty of said City Engineer, in addition to other duties now or hereafter imposed upon him by the ordinances or by the Mayor or by the City Council, to perform such civil engineering and surveying necessary in the prosecution of:all public work done by the City of Houston or under the direction or supervision of the Mayor and City Council; to make all surveys, inspections and estimates re- 100 Revised Code of Ordinances quired by the City Council; to examine all public work done under contract and report thereon to the City Council. (Mar. 11, 1914, Ord. Bk. 4, p.—, Sec. 5.) ' Sec. 226. City Engineer; Restrictions Upon Employment, Etc.; Custodian of Maps, Etc.—That said City Engineer shall devote his entire time and energy to the discharge of the duties of his office and shall not do any work for or take any fee or recompense from any individual or corporation other than the City of Houston during his incumbency of the office. He shall be custodian of and responsible for all maps, plans, pro- files, field notes and other records and memoranda belonging or pertaining to said office and to the work thereof, all of which he shall keep in proper order and condition with full index thereof,.and all of which he shall turn over to his suc- cessor. (ld., Sec. 6.) Sec. 227. City Engineer; May Make Rules, Etc.; How— That the City Engineer may from time to time make, estab- lish and promulgate, with the approval of the Mayor and City Council and Civil Service Commission, such rules and regula- tions for the control and management of the Engineering De- partment and the officers and employees thereof not inconsis- tent with the ordinances, as may be deemed advisable. (Id., Sec. 8.) Sec. 228. City Engineer; May Suspend, Etc.; When— That the City Engineer may, with the approval of the Mayor and subject to the civil service rules, suspend any officer or employee of the Engineering Department for insubordination or inattention to, or neglect of duty, or violation of the ordi- nances or the rules and regulations of the Engineering De- partment, and during the time of such suspension, unless such officer or employee be reinstated without prejudice, he shall not be entitled to the pro rata of his salary. (Id., Sec. 9.) Sec. 229. Shall Run Levels—The City Engineer shall run a sufficient set of levels on every street, and project said levels on proper paper of uniform scale, with the view of the estab- lishment of the proper grades and drainage of the city. In running the lines of levels as above, the Engineer shall estab- lish bench marks at convenient distances, checking upon the same until they agree. (Code 1904, Art. 181.) Sec. 230. Engineer to Keep Record—lIt shall be the duty of the City Engineer to procure for his office and use as property of the city, and at the expense thereof, suitable books, of the City of Houston 101 to be used for the record, and illustrations by suitable draw- ings of all city work done by him pertaining to grades, streets, sidewalks, sewers, drains, ditches and all public work. Also for recording all private surveys. He shall have full control and custody of, and be responsible for, all property pertaining to the office of City Engineer, and shall receipt for them by inventory and return them to the Mayor, or his successor, on leaving office. (Id., Art. 172.) Sec. 231. First Assistant City Engineer; Duties of; Re- strictions Upon—That the First Assistant City Engineer, during the absence or inability of the City Engineer, or during a vacancy in the office of City Engineer, shall perform and discharge all the duties of City Engineer until the City Engi- neer returns to duty or the vacancy in the office is filled. He shall, at all times, be under the direction, control and super- vision of the City Engineer and Mayor and shall devote his entire time and energy to the discharge of the duties of his . office and to the performance and discharge of such other duties as he may be directed to perform by the City Engineer or the Mayor or the City Council, or such as may hereafter be imposed upon him by the ordinances. That the provisions of Sections 226 and 243, respecting the City Engineer, shall apply with equal force to the First Assistant City Engineer. (ld., Sec. 10.) Sec. 232. Chief Plumbing Inspector; Duties of; Restric- tions Upon; Authority; Ex-officio Gas Inspector; Police Au- thority Plumbing Inspectors—That it shall be the duty of the Chief Plumbing Inspector, in addition to the duties which are now, or which may hereafter be imposed upon him by the ordinances, to see that the construction and maintenance of the plumbing, drainage and sewerage in the City of Houston shall hereafter conform and comply with all the ordinances therefor, and shall make all necessary inspections from time to time. He shall take all such steps as may be necessary to enforce the observance of all ordinances of the city relating to plumbing, sewerage and drainage, and shall, by and with the advice of the City Attorney, institute such prosecutions as may be necessary for that purpose. That he shall, under the supervision, direction and control of the City Engineer and Mayor, have direction, supervision and control of all other plumbing inspectors. That he shall be the representative of the City Engineer for the purpose of doing all things required to be done by the City Engineer in the ordinances relating to 14 102 Revised Code of Ordinances plumbing, sewerage and drainage; that he shall devote his entire time and energy to the duties of his office and shall not engage in the occupation of plumbing, drainage or ventila- tion of buildings, nor be interested directly or indirectly in the business of any person, firm or corporation engaged in such business during his term of office. That he shall be ex-officio gas inspector; that he shall do and perform such other and further duties as he may be directed to perform by the City Engineer, the Mayor or the City Council. That any plumbing inspectors, including the Chief, shall have and are hereby given police powers, and shall be permit- ted at all reasonable hours to enter any and all buildings or places for the purpose of inspecting the plumbing, sewerage and drainage constructed, or in course of construction, repair or alteration, but so far as possible shall make such inspec- tions in the day and shall have power to make arrests where other police officers in the City of Houston are authorized so to’ do: -Gidz Secielihs) Sec. 232a. Other Officers and Employees—That such other officers and employees of the department as shall be allowed by the Mayor and City Council shall be appointed by the Mayor and shall receive such monthly salaries as the Mayor and City Council may allow, and shall perform such duties as may be imposed upon them by the ordinances or as they may be directed to perform by the City Engineer or by the Mayor or by the City Counctl. (Id., Sec. 11.) Sec. 232b. Bonds May Be Required of Other Officers, Etc.—That the City Engineer and Mayor may require any officer or employee of the Engineering Department handling, receiving or collecting moneys belonging to the City of Hous- ton, or received by it, on deposit, to execute and deliver to the City of Houston a bond in such sum as they may deem proper, payable to said City of Houston, with at least three (8) good and sufficient sureties or a surety company author- ized to do business in Texas, to be approved by the Mayor, of like tenor, terms, effect, provisions and conditions as are pro- vided for in the case of the City Engineer, and a further condition giving the City Engineer the right to maintain suit thereon in the event of a recovery against him on his official bond, or the payment by him of moneys to the city on account of the act of such officer or employee. (Id., Sec. 12.) of the City of Houston 103 ARTICLE 3. SURVEYS, SUBDIVISIONS, ETC. Sec. 234. Established Monuments—lIt shall be the duty of the Civil Engineer to ascertain the established monuments of the city survey, and from thence to extend the surveys of the city, and from thence to locate, establish and survey all pri- vate property and streets, when called upon or required so to do. (Code 1904, Art. 170.) Sec. 235. Original Surveys Recognized—The original plan and survey, known and designated as the A. C. & J. K. Allen survey, as far as marked by actual measurements, and so far as revised, re-established and determined by the sur- veys of W. H. Griffin, C. E., under and by resolutions of the City Council of the City of Houston, shall be and is hereby affirmed and established as the true city survey of the City of Houston. The theory and survey and plat, as marked on W. E. Woods’ map, as to the dimensions of lots and blocks, and widths of streets, is also confirmed in each and every partic- ular. (Id., Art. 171.) Sec. 236. To Make Surveys—Whenever called upon by any owner, agent or lessee of any property within the city to survey limits or boundaries, said City Engineer shall, as soon as practicable, proceed to make the required survey, measuring from the nearest established monument or initial point. Said City Engineer shall also establish such other monuments or initial points at the intersection of such streets as may be deemed necessary, to remain as permanent monu- ments for future reference and guidance, and make a full and complete record of the same in the books of his office. Said monuments or initial points so established shall not be altered or disturbed by any person or persons, under a penalty of not less than Fifty Dollars ($50.00). (1Id., Art. 173.) Sec. 237. City Engineer Shall Fix Property Lines—It shall be the duty of the City Engineer, when any person desir- ing to construct any improvement shall make application for a permit to make such improvement, to make a correct survey of the property and to fix the lot and block lines of the same, and furnish to such applicant a certificate of such survey, which certificate shall be presented to the Mayor for his ap- proval, and the fee as hereinafter fixed shall be charged for such survey. (lId., Art. 183.) 104 Revised Code of Ordinances Sec. 238. No Existing Lines to Be Changed; Except—In no case shall the existing lines be changed or altered, except upon survey by the City Engineer. This and the preceding section intend only to refer to that portion of the lot or block that fronts on the streets or avenues, and the front lines only to be established by the City Engineer. (Id., Art. 184.) Sec. 239. Map and Profile for Right of Way—No right of way over any of the streets within this city shall be granted to any railway company unless a map and profile of the grades along the streets named shall accompany the application and ordinance; and it shall be the duty of the City Engineer to inspect any and all such maps and profiles, and report the re- sult of his investigation as soon thereafter as possible to the City Council, and no right of way shall be granted until such examination shall be made and reported upon, in order to bet- ter protect the rights of property owners along the several streets; provided, that there shall be no costs attached to the city. (Id., Art. 185.) Sec. 240. No Tracks Shall Be Laid Without Permit—No steam railway or street railway company shall lay down ad- ditional tracks within the limits of the city without a special permit from the City Council being first had and obtained. It shall be the duty of the City Engineer to examine and report on such application as to the advisability of granting said special permit. (Id., Art.186.) Sec. 241. City Engineer to Report Improvement to As- sessor and Collector—Upon the granting of a permit, the City Engineer shall immediately furnish the City Assessor and Collector an abstract thereof, showing the location (giving lot and block) of the improvement, and the estimated cost. (Id., Art. 187.) Sec. 242. Penalty for Improvement Without Permit— Any person, firm, corporation, trustee or receiver, who shall make, or cause to be made, any such improvement, building, alteration or repairing mentioned in preceding section, with- out having obtained such permit, shall, on conviction, be fined in a sum not less than Twenty-five ($25.00) Dollars nor more than One Hundred Dollars ($100.00). (Id., Art. 188.) Sec. 243. Maps, Etc.; Property of City—That all maps, plans, profiles, field notes, estimates and other memoranda of surveys and other professional work made or done by the City Engineer, or under his direction or control, during his incum- of the City of Houston 105 bency of the office, shall be the property of the City of Hous- ton. © .¢id., Sec. 72) Sec. 244. Fees of City Engineer—The City Engineer is hereby authorized to charge for all work performed for private parties as follows, viz: For survey of one lot, five dollars; for survey of two lots adjoining each other, six dollars; for survey of all lots over five, one dollar and twenty-five cents additional; for survey of an entire block, with subdivisions, when owned by one person, seven dollars and fifty cents, which fees shall belong to the City of Houston. (Id., Art. 178.) Sec. 245. Fees to Be Paid to the City Assessor and Col- lector—The fees provided for in Section 244 shall be paid to the City Assessor and Collector in advance, by the person, company or corporation desiring the survey, and said City Assessor and Collector shall thereupon issue to said person, firm or corporation a receipt therefor, showing therein the lot or lots, block or blocks, for which survey fees have been paid. Upon notice from the Assessor and Collector to the City Engineer that the fees have been paid, he shall proceed to make said survey and issue a survey certificate as soon as ‘practicable thereafter, and thereupon the applicant shall sur- render to the City Engineer the receipt for fees issued by - the Assessor and Collector. (ld., Art. 179.) Sec. 246. Blank Forms—Blank forms will be prepared by the City Controller for the use of the City Engineer and City Assessor and Collector, with which to comply with the provi- sions of this chapter. (Id., Art. 180.) Sec. 247. Subdivision of Property—All property not sub- divided into lots, blocks and streets within the City of Hous- ton shall hereafter be laid out under the direction of the City Council, or subject to its approval, and no other subdivisions will be recognized by the city. (Id., Art. 174.) Sec. 248. Regulating the Laying Out, Subdividing and Platting of Land Into Lots, Blocks and Streets, Within the City of Houston—lIt shall be unlawful for any owner, or the agent for any owner, to lay out, subdivide, or plat any land into lots, blocks and streets, within the City of Houston, Har- ris County, Texas, or to sell property therein and thereby, which has not been laid off, subdivided and platted to con- form to the lots, blocks and streets abutting the same, and which plat and subdivision has not been approved by the City Engineer of the City of Houston, and the dedication of the 106 Revised Code of Ordinances streets therein contained, accepted by the City Council of the City of Houston, and a correct map of the same filed in the office of the City Engineer of the City of Houston. (ld., Art. 175.) Sec. 249. Restricting the Officers or Employees of City— It shall be unlawful for any officer or employee of the City of Houston to do, or cause to be done, any work upon any street, in any addition or subdivision to said City of Houston, laid off, platted, or subdivided since the passage of this and the pre- ceding section, unless all the requirements have been complied with by the owner of said addition or subdivision. (Id., Art. 176.) : Sec. 250. Penalty—Any person, firm, corporation, trustee or receiver violating any provision of the next preceding three sections shall, upon conviction, be fined in any sum not less than twenty-five dollars, nor more than two hundred dollars, and each week’s failure to obtain the approval of the City Engineer of said subdivision or plat, and the acceptance of the dedication of. the streets therein by the City Council of the City of Houston, shall constitute a separate offense. (Id., Art. —.) . of the City of Houston | 107 CHAPTER XVI. Explosives, Inflammables, Etc. Article 1.—Nitro Cellulose Films. 2.—Gasoline and Other Volatile, Inflammable Liquids. 3.—Calcium Carbide. 4.—Oil. 5.—Miscellaneous. ARBICEHeE. NITRO CELLULOSE FILMS. Sec. 251. Film Exchanges Must Comply With Require- ments of Ordinance—That it shall be unlawful for any per- son, firm or corporation to own or operate a motion picture film exchange in the City of Houston and handling or storing in connection therewith any nitro cellulose films, unless such persons, firms or corporation shall strictly comply with all the requirements of this article. (Nov. 19, 1913; Ord. Bk. 38, DiooUs ec. 1) Sec. 252. Storage—(a) Each reel of film shall be kept in a separate metal box with tight fitting cover, except when the same is being repaired, and immediately after the con- clusion of such examination or repair shall be replaced in said metal box. (b) Each reel of film kept by the owners of said exchange for purposes of storage, sale or exchange shall be stored in standard fireproof vaults, or in standard fireproof safes, as hereinafter described. (lId., Sec. 2.) Sec. 253. Vaults in Buildings of Non-F ireproof Construc- tion—Vaults for the storage of nitro cellulose films in build- ings of non-fireproof construction shall have self-supporting brick walls, not less than twelve inches in thickness, laid in cement and extending upwards from the ground. The top of each vault so constructed shall be water-proof and shall be made of brick or concrete arches of the same thickness as the walls thereof; provided, that arches may be sprung between steel beams if the latter have standard protecting covers and no wood top flooring is used; the size of said vaults shall not 108 | Revised Code of Ordinances exceed 750 cubic feet. All openings into said vaults shall be protected on the outer side of the walls with standard vault iron doors at least three-sixteenths (3/16-in.) of an inch thick and made smoke-proof by closing against a rabbet at top and bottom and one side, the hinge side door to close into a groove; the doors and wall frames to be of equivalent construction of standard iron fire door, vault pattern; and on the inner side of the wall shall be protected by an iron door of at least No. 14 U. S. gauge. The fixtures inside said vaults shall be of incombustible material. No lights other than stationary vapor proof incandescent electric lamps properly guarded shall be installed inside, and the switch shall be outside of said vault and provided with a pilot light or other indicator. No heat shall be permitted in said vault. (b) Vaults in Fireproof Buildings—In fireproof build- ings having standard protection on the steel or other fire- proof frame work vaults may be carried on the structure from floor to floor. The walls of vaults constructed in fireproof buildings shall be of brick not less than eight (8) inches in thickness, or of hollow tile not less than twelve (12) inches in thickness laid in cement. The size of said vaults shall not ex- | ceed 750 cubic feet. The tops and bottoms of said vaults shall be water-proof and made of brick, tile or concrete at least eight (8) inches in thickness, and in all other respects shall comply with specifications for vaults in buildings: of non- fireproof construction. (Id., Sec. 3.) Sec. 254. Safes—In case the persons, firms or corpora- tions owning or operating motion picture film exchanges and handling or storing nitro cellulose films in connection there- with shall prefer to store the same in safes instead of the vaults hereinbefore provided for, said safes shall comply with the following specifications: The capacity thereof shall not exceed 150 cubic feet; said safes shall have an angle iron frame continuous at all edges; said angle iron to be at least one-quarter by two (14x2) inches and for large sized safes increased proportionately. On safes larger than forty (40) inches high and thirty (30) inches wide and thirty (30) inches deep, an additional stiffening of heavy steel at least 14-inch thick and of width proportioned to size, but never less than two inches shall be used at top, bottom and sides thereof. All sheet steel plates on said safes shall be not less than No. 12 U. S. gauge for the outer shell and not less than No. 14 U. S. gauge for the inner shell. The filling shall be of cement concrete not less than five and one-half of the City of Houston | 109 — inches thick, except that the doors may have four inches of _concrete and a two-inch sealed air space; which space may be used for lock and bolts. The doors shall have stepped sides so as to be smoke-proof. No cast iron to be used in the con- struction of the safe, except such parts as casters, hinges and flanged door frames. (ld., Sec. 4.) Sec. 255. Ventilation of Vaults and Safes—All vaults and safes used for the storage of nitro cellulose films shall be ventilated with outside air by an opening having a sectional area of at least fifty square inches; provided, that if the size of said vault or safe is less than 150 cubic feet said vent may have a sectional area of 12 square inches. The vent pipes shall be all metal, not less than No. 18 U. S. gauge in thick- ness, and shall be so arranged as not to expose other property ; whether the same be an adjoining building or fixtures used in connection with said exchange or the building in which such exchange is located, and the same shall be shielded from the weather and provided with a wire screen of not larger than one-fourth inch mesh. (Id., Sec. 5.) Sec. 256. eae and Repairing—(a) The examina- tion and repair of all nitro cellulose films kept or owned in motion picture film exchanges for purposes of storage, sale or exchange shall be done only in a room having outside ventila- tion and separated from the balance of the building in which it is contained by tight partitions of incombustible material, with doors at. openings; said partitions and doors to contain no glass other than wired glass. (b) No room used for the examination or repair of said nitro cellulose films shall be used for the handling or storage of any other combustible material. (c) The number of films under examination or repair in a room used therefor shall at no time exceed ten, and all of said films not actually being examined or repaired shall re- main or be kept in the metal boxes hereinbefore provided for. (d) Reels containing films under examination, or in proc- ess of rewinding, shall be inclosed in magazines similar to. those required on motion picture machines. (Id., Sec. 6.) Sec. 257. Waste Cans—Standard metal waste cans shall be provided in all rooms where repairing of films is done, the number thereof to be in accordance with the number of em- ployees doing said repair work in each room of said exchange. All scrap or waste from the films under repair shall be kept in said cans and removed from the building daily to a safe 110 Revised Code of Ordinances location or destroyed, at the option of the owner of said ex- change, and all such waste shall be kept separate from paper waste and other rubbish, so that said cans shall be used exclu- sively for receiving any scraps or waste from said repairs aforesaid. (Id., Sec. 7.) Sec. 258. Cement—No compound of collodion and amyl- acetate or similarly inflammable cements used in the repair of said films shall be kept or stored in the room or rooms in which said repair work is done in larger quantities than one quart; provided, that if larger quantities of said compound of collodion and amylacetate or similar cement shall be desired to be kept in said exchange then the same shall be stored in metal cans in the vaults or safes hereinbefore provided for. (Id., Sec. 8.) Sec. 259. Lighting—No lights other than stationary vapor proof incandescent electric lamps, properly guarded, shall be installed in any room in said exchanges used for the purpose of examination or repair of nitro cellulose films, and the in- stallation of said lights shall be governed by the ordinances of this city. (1d., Sec. 9.) 2 | Sec. 260. Heating—No room in any motion picture film exchange used for the purpose of examination or repair of nitro cellulose films shall be heated, except by hot air, hot water or steam, and metal shields or screens shall be provided to pre- vent said films from coming in contact with radiators or heated pipes, and no hot air floor registers to be used. (Id., Sec. 10.) Sec. 261. Smoking—lIt shall be unlawful for any person to smoke in any room containing films, and signs shall be posted in any room so used calling attention to this section. (Id., Sec. 11.) Sec. 262. Fire Protection—Each room in any motion pic- ture film exchange, used for the purpose of examination or repair of nitro cellulose films or in which is a vault or safe for the storage thereof, shall be equipped with at least two three- gallon hand fire extinguishers, which shall be approved by the Fire Marshal, and each vault used for the storing of said films shall be provided with at least one pail of water and one pail of sand conveniently kept for use in case of fire. (Id., Sec. 12.) Sec. 263. Penalty—Any person, firm or corporation who shall violate any of the provisions of this article or who shall, after thirty days’ notice in writing by the Fire Marshal, fail to provide the vaults or safes herein provided for, shall be of the City of Houston 111 deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than Five nor more than One Hundred Dollars. (Id., Sec. 13.) Sec. 264. Failure to Comply With, a Nuisance—And in the event the person, firm or corporation owning and operat- ing a motion picture film exchange which does not comply with this article, shall fail or refuse after thirty days’ notice in writing by the Fire Marshal so to do, said exchange shall be declared a nuisance by the Fire Marshal, and proper steps shall be taken to abate the same as a nuisance, which penalty shall be cumulative of and in addition to the fine provided for in this article. (Id., Sec. 14.) ARTICLE 2. GASOLINE AND OTHER VOLATILE, INFLAMMABLE LIQUIDS. Sec. 265. Unlawful to Store Gasoline, Etc.—It shall not be lawful for any person, firm or corporation to keep, store or handle gasoline, or other volatile, inflammable liquids, except upon compliance by the said person, firm or corporation with the following provisions of this article. (May 15, 1911; Ord. Bk. 3, p: 31, Sec. 1.) Sec. 266. Tanks, How Constructed, Etc.—All tanks shall . be installed outside of the building under ground and not less than two (2) feet long below the surface, entirely surrounded by earth well tamped in place, and the top of the tank must be below the level of the lowest pipe line in the building used in connection with the equipment. (b) If impracticable to locate storage tanks outside of the building they may be buried three (3) feet below the level of the basement floor imbedded in the earth, and covered by at least three (8) feet of earth and concrete. (c) All tanks of 560 gallons or under shall be made of at least twelve (12) gauge galvanized steel or at least 14-inch black open hearth tank steel. All tanks exceed- ing 560 gallons capacity shall be made of 3/16-inch galvanized steel or 14-inch black open hearth tank steel. All tanks made of galvanized steel must be carefully riveted and soldered, and coated on the outside with tar or other rust-resisting materials. All tanks made of black steel must be carefully riveted and caulked, and coated on the outside with tar or other rust-resist- ing materials. No tanks shall have openings or pipe connections except on the top thereof and shall be properly vented and shall not be 112 Revised Code of Ordinances connected either directly or indirectly with any public or pri- vate sewer, drain, catch-basin or pit. (d) Filler pipes must be made of galvanized iron pipe, two inches or more in diam- eter, entering at the top of the tank and extending to the bot- tom of the same. The upper end of said filler pipe must ter- minate in a screw cap securely locked. Where tanks are lo- cated under the building the filler pipe must run to the out- side of the building and terminate in a screw cap; same to be securely locked. Where filler pipe runs to the sidewalk or to an alley or public way, it must terminate in a screw cap securely locked and protected by a cast iron filler box, the same to be flush with the sidewalk or alley. The cover of the said filler box to be securely locked. (e) Tanks located in or within ten (10) feet of any building shall be provided with a l-inch diameter, or larger, galvanized iron vent pipe, same to be connected to the top of such tank. Connection at the tank to be provided with a brass wire screen of at least 30 mesh. The vent pipe must be carried up to at least four feet above the roof of said building, and terminate in a double gooseneck spark protector, both openings of which must be covered with a brass wire screen of at least 30 mesh. (f) Pipe connecting the tank with the pump must be of galvanized iron and must enter top of tank. Said pipe must be buried at least 18 inches below the surface and any exposed portions thereof must be thoroughly and properly protected. This con- nection pipe must not be lower at any point than where same leaves tank. (Id., Sec. 2.) Sec. 267. How Drawn From Tank—All gasoline must be drawn from tank: by means of an improved suction pump or pumps, which shall have a shut-off valve with ground key on the nozzle, and an automatic check valve between the pump:and the nozzle. In no case shall there be a return of waste pipe to the tank. (ld., Sec. 3.) Sec. 268. How Pumped Inside Building—Where gasoline is pumped inside the building, lighting shall be done by in- candescent electric lights, with all electric switches and cut- offs permanently located at least four inches above the floor. (Id., Sec. 4.) | Sec. 269. How Stored; Pumps—(a) No gasoline or oth- er volatile, inflammable liquids shall be kept in any building except when stored or handled in self-closing safety contain- ers or in portable filling tanks. (b) When self-closing safety containers are used for the storing or handling of gasoline, or of the City of Houston 113 other volatile, inflammable liquids, not more than five (5) gallons of other volatile, inflammable liquids shall be kept in any building, and the self-closing containers must be made of metal and must be of approved construction, and must be of capacity not to exceed five (5) gallons. (c) When filling tanks are used for the-storing or han- dling of gasoline or other volatile, inflammable liquids the con- tainers must be of capacity not to exceed fifty (50) gallons, and must be of at least 3/16-inch tank steel, and must be of approved construction. The said portable tanks shall be sup- ported on all-steel wheels, not less than 30 inches in diameter, the same being equipped with rubber tires, and the tank must be provided with an approved all-metal suction pump. This pump to be provided with a hose attachment, and the hose must not exceed eight (8) feet in length. The pump must be equipped with an improved ground key shut-off cock where hose is attached to pump, also with improved ground key shut- off cock at end of hose. Pump must be equipped with a éon- venient lock, and the same must be locked when not in use. (Id., Sec. 5.) ; Sec. 270. Sand Shall Be Kept, Etc.—There shall be con- stantly kept and maintained convenient receptacles filled with sand to be used in absorbing waste oil on the floor. In addi- tion to this, sand shall be kept in boxes provided with hand- scoop to be used for fire extinguishing purposes only. (ld., Sec. 6.) Sec. 271. Unlawful to Smoke in Room, Etc.—lIt shall be unlawful for any person to smoke in any room in which gaso- line or other volatile, inflammable liquids are kept, and for the manager or other person in charge of any building in which gasoline or other volatile, inflammable liquids are kept to allow smoking therein. (Id., Sec. 7.) Sec. 272. Penalty—Any person, firm or corporation who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof in the Corporation Court shall be fined not less than Five Dol- lars ($5.00) nor more than Two Hundred Dollars ($200.00). (Id., Sec. 8.) ARTICLE 3. CALCIUM CARBIDE. Sec. 273. Unlawful to Store Calcium Carbide, Etc.—That it shall be unlawful for any person, firm or corporation to 114 Revised Code of Ordinances keep or store calcium carbide within the City of Houston, un- less the following conditions are complied with: Calcium car- bide shall be confined in a can or drum made of metal, the seams of which must be lochedinted, air and water-tight, with- out the use of solder. Such container must be provided with a screw top, or.its equivalent, made of sufficient strength to insure handling without rupture, and must be kept free from moisture and conspicuously marked “Calcium Carbide—keep dry.” (Nov. 7, 1910; Ord. Bk. 3, p. 14, Sec. 1.) | Sec. 274. Method, Manner and Place of Storage—All such packages of calcium carbide, of whatever capacity, when stored in quantities of not exceeding 100 pounds, shall be sup- ported upon blocks or legs, or placed or piled upon racks of sufficient strength to support the same, and so constructed as to elevate and sustain said packages at least six inches above the floor of the building. When calcium carbide is kept or stored in the City of Houston, it must be in a building used exclusively for that purpose, and the floor of said building upon which the calcium carbide rests shall be at least six inches above the actual level of the street upon which, nor near which, said building is located. Provided, that calcium carbide shall never be stored in any public or private warehouse or in any building where other materials or things are stored. (ld., Sec. 2.) Sec. 275. Buildings Fireproof, Etc.—All buildings used for the storage of calcium carbide shall be fireproof, well ven- tilated and without artificial light or heat, and shall be kept thoroughly dry, and shall be detached from any other building and at least fifty feet from any other building. (Id., Sec. 3.) Sec. 276. Buildings for Storage to Be Marked—AlIl build- ings used for the storage of calcium carbide, pursuant to the provisions of this article, shall be conspicuously marked with the words “Calcium Carbide,” on all four sides, so that the Fire Department may avoid throwing water thereon. (ld., Sec. 4.) Sec. 277. Penalty—Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than Ten Dollars ($10.00) nor more than Two Hundred Dol- lars ($200.00). (Id., Sec. 6.) of the City of Houston L15 ARTICLE 4. OIL. Sec. 278. Dimensions for Storage Tanks—Tanks for stor- age of fuel oil in the City of Houston shall be constructed of three-sixteenths (3/16) inch or heavier galvanized iron or black steel, or may be built of brick, cemented and lined with paraffine, but in either case shall be under ground and shall have manhole, with cover, same being vapor proof. (Code 1904, Art. 900.) Sec. 280. Tanks Not to Be Filled Over 98 Per Cent of Capacity—No tank shall be filled in excess of ninety-eight (98) per cent of its total capacity, two (2) per cent being allowed for the expansion of oil. Filling pipe to be perfectly sealed, except when used in filling, and such tank shall have a gas-tight manhead on top; overflow pipe from pump, standpipe or accumulator to storage tank to have a capacity one and one-half times the inside diameter of oil pump suction pipe. (Id., Art. 901.) | Sec. 281. Tanks Shall Have Indicators, Etc.—An indi- cator shall be attached to each such tank, and shall be of two (2) inch pipe screwed into flange riveted on manhead and extending down inside tank to a point two (2) inches from the . bottom. Gauge pole to stand inside this pipe. The suction to pump shall be at least four (4) inches above bottom of tank. A two-inch vent pipe, covered at top with copper gauze, shall extend ten (10) feet above tank; if tank is within fifty (50) feet of a building, the vent pipe shall extend at least six (6) feet above roof of such exposure. In this case, vent pipe may be laid underground from tank to building, and run up wall outside. A free steam pipe not less than one (1) inch in diam- eter shall connect boilers with top of storage tank, to permit at all times filling space above the oil with steam, in case of fire in tank or in exposing property. If the tank is wholly or in part above ground, it shall be located at least one hundred (100) feet from any building or other exposure. Such tank shall be placed in such position that its contents, if released from any cause, will not flow towards any building or other combustible property, and should be enclosed in a substantial brick vault and earth embankment, forming a reservoir of suf- ficient-capacity to hold double the contents of tank. Indicating or gauging of storage tanks in a manner that requires the 116 Revised Code of Ordinances removing of manhole cover, or the inserting of gauge poles, is prohibited. (Id., Art. 902.) Sec. 282. Must Have Syphon Pump—A syphon should be arranged in connection with every such tank, to carry off seep- age or leakage in reservoir, and discharge same outside, where its burning shall not endanger property. (ld., Art. 903.) Sec. 283. If Tank is Underground, How Located—If any such tank is wholly underground it shall be located not less than three (3) feet from the foundation of any building in which crude oil is to be burned, and the top of the tank shall be buried at least two (2) feet below the established grade of the ground. In every case the tank shall be so placed that the highest point in the oil supply shall be at least two (2) feet lower than the furnace where the oil is to be burned, or con- verted for burning. That the oil tanks will be allowed outside of the buildings ‘or under the sidewalks. (Amendment Art. 904, May 13, 1913; Ord. Bk. 3, p. 340, Sec. 1.) Sec. 284. Oil, How Conveyed—Conveying of oil from any such tank to furnace shall be by artificial pressure or suction, whether by pump, vacuum or other means that will accomplish the purpose. Feeding oil by gravity pressure or by other means from a storage supply higher than the furnace is hereby prohibited ; provided, that oil may be fed to burners at furnace under a maximum pressure of ten (10) pounds to the square inch from an iron standpipe having a maximum capacity of ten (10) gallons, located outside of all buildings, and supplied from storage tank by pump while oil is being conveyed to furnace. If pump is used for pumping oil to burners, there must be a governor to regulate the pressure automatically, and if pumping into standpipe, there must be attached a float for regulating the height of oil (standpipe meaning tank of which the top is open, not holding pressure). (Code 1904, Art. 905.) Sec. 285. Standpipes; How Anchored—The standpipe of each tank shall be securely anchored to foundation, and shall have an overflow pipe (with capacity one and one-half times the inside diameter of oil pump suction pipe) to storage tank, and shut-off cock where supply pipe leaves standpipe for burners. (ld., Art. 906.) Sec. 286. Oil May Be Fed to Burners from Iron Accumu- lator—Provided, further, that oil may be fed to burners at furnace from an iron accumulator or air chamber, having a of the City of Houston LT maximum capacity of ten (10) gallons, located outside all buildings and supplied from storage tank by pump while oil is being conveyed to furnace. The accumulator shall be securely anchored to foundation, and shall have a relief valve and over- flow pipe (with capacity one and one-half times the inside diameter of oil pump suction pipe) to storage tank, and shut- off cock where supply pipe leaves accumulator for burneys. (Id., Art. 907.) Sec. 287. Regulations Governing the Storage of Crude and Manufactured Fuel Oil, and the Erection and Location of Oil Storage Tanks in the City of Houston—As it will be necessary to have large storage tanks in the city hHmits to supply oil, such storage tanks shall be placed underground and covered with earth. But if such storage tanks be placed above ground, or partly above ground, they shall be located at least two hundred and fifty (250) feet from any combustible property, and securely walled in by a brick wall and earth em- bankment, forming a’ reservoir of sufficient capacity to hold double the contents of tank, and a syphon shall be arranged to carry off any seepage or leakage in reservoir, and discharge same outside, where its burning would not endanger property ; but no storage tank shall be of greater capacity than ten thou- sand (10,000) barrels, of forty-two (42) gallons to the barrel, and no two of such tanks shall be built or used within two thousand feet of each other. And those tanks shall be made of material and design that will withstand five times the pres- sure caused by a head of oil equal to the height of the tank. (Id., Art. 908.) Sec. 288. Permits for Overground Tanks—No permit shall be granted for any overground tank within 250 feet of the bank of either Buffalo Bayou or White Oak Bayou. (Id., Art. 909.) Sec. 289. Persons Desiring to Use Fuel Oil Must Procure Permit—Every person or corporation desiring to use either crude or manufactured fuel oil shall procure a permit from the City Engineer before putting in or installing his or its plant, and ‘it shall be the duty of the Chief of the Fire Department to see that the plant complies with all of the above regulations before being used. (Id., Art. 910.) Sec. 290. Penalty—Any person, firm, corporation, trus- tee or receiver who shall construct or maintain any tank or other structure not in compliance with Sections 278 to 289, or who shall keep fuel oil in the same, or who shall keep any 15 ! 118 | Revised Code of Ordinances fuel oil tanks, or like receptacles, for the. purpose of using, holding or selling same, or otherwise violating any provisions of said sections, shall be fined in any sum not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), and an additional fine of Five Dollars ($5.00) shall be assessed against the owner, proprietor or manager of any oil tank for every day such tank or structure, not constructed, maintained or used in accordance with the above, shall remain in tuse.ter( 1d.) Artists) Sec. 291. Wagons Must Have Buckets to Catch Drippings from Tanks—Every wagon or vehicle selling or delivering kerosene, refined or crude oil from tanks shall provide a bucket or other receptacle to catch the drippings from said tanks. (Id., Art; 291-) Sec. 292. Penalty for Dripping Oil on Asphalt Streets— Every owner or driver, or employee of such owner or driver, who shall drive or have driven a wagon or other vehicle with tank for selling or delivering kerosene, refined or crude oil within the limits of the City of Houston, without having at- tached thereto a bucket or other receptacle in such position that it catches all the drippings of oil from said tanks, or who shall negligently spill any oil on the streets of Houston that are or may be paved with asphalt, shall be fined not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00). (Id., Art. 292.) ARTICLE 5. MISCELLANEOUS. Sec. 293. Gunpowder May Be Kept—It shall be unlawful for any: person to keep in any store, dwelling, building or other place within the City of Houston, gunpowder exceeding in quantity twenty-five pounds. (Code 1904, Art. 323.) Sec. 293a. Must Be Kept in Tin or Metal Canisters— When gunpowder is kept by retailers or venders, the same shall be kept in tin or metal canisters with good and closely fitting covers thereon. (Id., Art. 324.) Sec. 294. Shall Not Be Stored in City Without Consent of Council—Gunpowder, giant powder, or dynamite, or kerosene oil, gasoline or other such oils, in greater quantity than may be determined by the Fire Committee and Chief of the Fire Department, shall not be stored in any place within the city limits without the consent of the City Council first had, upon of the City of Houston | 119 recommendation of the Chief of the Fire Department, under penalty of a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 325.) Sec. 295. Mode of Conveyance—No person shall carry gunpowder, giant powder, or dynamite or blasting powder, on any vehicle in any part of the city, unless the same shall be sufficiently well secured to prevent accident therefrom. (lId., Art. 326.) Sec. 296. Nitro-Glycerine—Nitro-glycerine shall not be conveyed through or stored in the City of Houston under any circumstances. (Id., Art. 327.) Sec. 297. Unlawful to Bring Into the City Concealed Ex- plosives—lIt shall be unlawful for any person knowingly to bring within the corporate limits of the city any quantity of giant powder, gunpowder, or dynamite, or blasting powder, concealed in any manner, or marked in any names, or pur- porting to be other than gunpowder, giant powder or blasting powder. (ld., Art. 328.) Sec. 298. Penalty—Any person who shall violate any of the provisions of this article, where other penalty is not pro- vided, must be fined not less than Twenty-five nor more than One Hundred Dollars. (Id., Art. 329.) Sec. 299. Where Cotton May Be Stored—That it shall not be lawful to store or keep any cotton within the corporate limits of said city in any building or place except in ware- houses established and recognized by the city authorities as warehouses for the storage of cotton. (lId., Art. 330.) Sec. 300. Must Be Guarded; Smoking Prohibited—It shall be the duty of all warehouse men, in storing cotton or other inflammable material, to have their warehouses properly guarded, day and night; to allow no fire to be made therein, and to prohibit the smoking of pipes or cigars in or about such warehouses at any time. (Id., Art. 331.) Sec. 301. Unlawful to Erect Buildings Without Consent— It shall be unlawful to erect, build or use any storehouses or private building within the corporate limits of the city for the storage of cotton, unless the consent of the Council has been previously obtained therefor. (Id., Art. 332.) Sec. 302. Penalty—Any person who shall keep or store cotton in violation of this article shall be fined in the sum of five dollars for every bale of cotton thus stored or kept for 120 ’ Revised Code of Ordinances each and every day it shall remain contrary to the provisions of this article, and any person who shall make or keep any fire, or smoke any pipe or cigar in any warehouse shall be punished by a fine of Ten Dollars for each and every such offense. (lId., Art. 333.) Sec. 303. Duty of Chief of Police—lIt is made the duty of the Chief of Police to have all cotton kept or stored in violation of the provisions of this article removed to some warehouse at the expense of the owners or custodians of such cotton. (Id., Art. 334.) Sec. 304. Unlawful to Store Boxes, Etc., in Certain Places, Etc.; Penalty—That the storage of boxes, paper, tar, inflam- mable oils and other highly inflammable substances, in the back yards, about the premises or within buildings, in such manner and in such quantites as to endanger the destruction of property and life by fire, is hereby declared a nuisance, and the owner of such building or premises, the lessee or other person in charge thereof who shall maintain said premises in said dangerous condition twenty-four (24) hours after hav- ing been notified in writing by the Alderman in charge of the Fire Department, the Fire Chief, or other officer of said Fire Department, shall be guilty of an offense, and upon convic- tion thereof in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), and provided that each day said nuisance is maintained after notice as herein provided shall constitute a separate offense. (July 12, 1909; Ord. Bk. 2, p. 516, Sec. 1.) Sec. 305. Buildings Not to Be Occupied as Dwellings Where Used for Storage of Certain Articles; Penalty—No building, of which any part is used for the storage of large quantities of hay, straw, shavings, inflammable oils or other highly combustible materials, shall be occupied in any part as a dwelling place for families or as a tenement or lodging house, and the owner of such building, or the lessee thereof, or any person in charge thereof who shall violate this section shall be deemed guilty of an offense, and upon conviction there- of in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dol- lars ($100.00). (Id., Sec. 2.) Sec. 306. Construction of Receptacles for Ashes, Etc.— That all receptacles for ashes, waste materials, and other sub- stances liable by spontaneous combustion or otherwise to cause of the City of Houston A a fire, shall be made of metal, brick or other non-combustible ° material, and shall be covered over tight by a non-combustible cover. (Id., Sec. 3.) Sec. 307. Inspection Houses and Premises; Duty Chief Fire Department; Penalty—It is hereby made the duty of the Chief of the Fire Department, or other officer of said Depart- ment, to inspect all houses and premises within the City of Houston, and to notify the owner, lessee or occupant thereof to remove therefrom within twenty-four (24) hours such in- flammable and highly combustible materials as, in his judg- ment, endanger said premises and the neighborhood thereof, and any tenant, lessee or owner failing and refusing to abate . such nuisances within twenty-four (24) hours after notifica- tion as herein provided shall be deemed guilty of an offense, and upon conviction thereof in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00). (Id., Sec. 4.) Sec. 308. Carelessly Storing Hay, Straw, Etc.—Any per- son who puts or keeps, or causes to be put or kept, any hay, straw, fodder or shucks in any stack or pile without having the same enclosed or secured so as to be protected from sparks of fire, must be fined not less than One nor more than One Hundred Dollars. (Code 1904, Art. 638.) Sec. 309. Burning Trash, Shavings, Etc.—Any person who burns, or causes to be burned, any trash, shavings, straw or other combustible or inflammable substance in any street or yard, unless it be done in the day time and at least twenty feet from any building or lumber or wood yard, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 639.) 122 Revised Code of Ordinances CHAPTER XVII. Fire Department. Sec. 310. Creation of; Duties Officers and Employees— That there is created a Fire Department, the officers and em- ployees of which are charged with the duty of preventing and extinguishing fires and conflagrations and preventing the loss of human life and property by fire, and such other duties as are now or may be hereafter imposed upon them by the Mayor or City Council or by the ordinances. (Feb. 25, 1914; Ord. Bk. 4, p. 199, Sec. 1.) Sec. 311. Composition of—The Fire Department shall consist of the Fire Commissioner, the Fire Committee of the City Council, a Chief of the Fire Department, a First Assist- ant Chief of the Fire Department, a Second Assistant Chief of the Fire Department, a Secretary, and such number of Cap- tains and Lieutenants, Engineers, Pipemen, Laddermen, Stok- ers, Privates, Drivers, Chauffeurs and Employees as the Mayor and City Council may provide or allow. (ld., Sec. 2.) Sec. 312. Direction and Control of; Executive Head— That said Department and its officers and employees shall be under the direction and control of the Mayor, the Fire Com- missioner and the Fire Committee of the City Council, and the Fire Commissioner shall be the executive head of the De- partment. (Id., Sec. 3.). Sec. 313. Creation of Officers of; Appointment; Quali- fication—That there is created the office of Chief of the Fire Department, First Assistant Chief of the Fire Department, Second Assistant Chief of the Fire Department, and -Secre- - tary; the Chief shall be appointed by the Mayor and confirmed by the City Council; each shall, before entering upon the dis- charge of his respective duties, take the constitutional oath of office; that the Mayor and City Council may require any or all of the Chiefs to execute bonds to the city, if it is deemed advisable, in such amounts as he or it may determine; that such Chief of the Fire Department shall have had at least two (2) years’ experience as a Fireman, and the First and Second Assistants shall have had at least two (2) years’ experience as a fireman. They shall keep their offices at the Central Fire Station or other place required by the Mayor and City Council, of the City of Houston 123 and shall be considered to be on duty all the time; that all officers and employees of the Fire Department, except the Chief, shall be appointed and employed by the Mayor. (lId., Sec. 4.) Sec. 314. Chief, Etc., Attendance at Fires—That either the Chief of the Fire Department, or the First or Second As- sistants shall attend all fires happening in the city if it be with- in their power. (lId., Sec. 5.) Sec. 315. Chief Responsible for Conduct of—That the Chief of the Fire Department shall at all times be responsible for the conduct of the Fire Department.and shall have imme- diate control of the property belonging thereto. (Id., Sec. 6.) Sec. 316. Chief of, His Powers, Authority and Duties; Assistant Chiefs of, Authority—That the Chief of the Fire Department shall have sole and absolute control and command over all officers and employees connected with the Fire De- partment, and shall possess full power and authority over its organization, government, discipline, regulation and opera- tion, and to that end he may, with the approval of the Mayor and City Council and Civil Service Commission, prescribe and establish, from time to time, such rules and regulations as may be deemed advisable, covering such power and authority. He shall have custody of all of the fire stations and all of the property, equipment and apparatus belonging thereto. He shall examine into the condition of the fire stations, engines, equipment and apparatus, etc., of the Department, with suffi- cient frequency to keep himself fully advised concerning the same, and once in each year he shall make such an examina- tion and report the results thereof to the Mayor on or before the fifth day of March in each year. He shall also make a monthly report to the Mayor and Fire | Commissioner of all losses by fire that may have taken place | in the city during the preceding month, with the cause thereof, | as well as can be ascertained, and the number and description of buildings destroyed and injured. _He shall prepare and submit to the Mayor and Fire Com- / missioner, when required, an estimate of needed equipments and the cost of providing for the maintenance of the Fire Department during the ensuing fiscal year. He may, with the approval of the Mayor, suspend members of the Fire Department for insubordination or inattention to, or neglect of, duty, or violation of the ordinances or the rules and regulations of the Department until such member or mem- 124 Revised Code of Ordinances pers have been permanently removed, discharged or reinstated, and during the time of such suspension, unless such officer or employee be reinstated without prejudice, he shall not be en- titled to the pro rata portion of his salary. He, or the Assistant or other officer in command, shall have power to cause the removal of the property of any citizen whenever it shall become necessary for the preservation of such property from fire, or to prevent the spreading of fire, or to protect adjacent property from loss by fire. - He, or the Assistant or other officer in command, may di- © rect .the firemen to cut down, remove or destroy any building, erection or fence belonging to any citizen for the purpose of checking the progress of any fire, and shall have power to blow up or cause to be blown up, with powder, or otherwise, any building or structure during the progress of any fire where it may be necessary for the purpose of extinguishing or check- ing the spread of fire. , He, or any Assistant or other officer, shall have power dur-— ing the progress of a fire, and for a reasonable time there- after, to arrest any person, suspected of incendiarism, or any person hindering or resisting the work of the firemen. He may arrest and place in jail any fireman or officer of the De- partment for failure to obey orders. (Id., Sec. 7.) Sec. 317. Officer in Control, Etc., at a Fire During Ab- sence of Chief—That in the absence of the Chief of the Fire Department at a fire, the First Assistant shall take control and charge of the work of the Department thereat, and in the absence of both the Chief and First Assistant Chief, the Sec- ond Assistant Chief shall take such control and charge; in case of the absence of the Chief and the First and Second — Assistant Chiefs, then the First Captain or First Lieutenant arriving at such fire shall take such charge and control of the work of the Department thereat until the arrival of a superior officer of said Department. Captains will outrank Lieutenants and the Captains will rank in the order of the length of time they have served in the Department. (lId., Sec. 8.) Sec. 318. Rules and Regulations of City Council and Civil Service Commission; Duties of Subordinate Officers, Etc.— That all officers, including the Chief and Assistants of, and employees in, the Department, shall be subject to the rules and regulations adopted by the City Council and Civil Service Commission for the organization, government, discipline, regu- lation and operation of the Department, and all subordinate officers and employees shall perform and discharge such duties of the City of Houston 125 as shall be prescribed or required of them by the Chief of the Fire Department, and such rules and regulations so passed. (Id., Sec. 9.) Sec. 319. First Assistant Chief Performs Duties of Chief, When—That in case of the absence of the Chief of the Fire Department, or of his inability to perform the duties of, or a vacancy in, his office, the First Assistant Chief shall per- form and discharge all of the duties of Chief of the Fire De- partment until such time as the Chief returns, or the vacancy is filled. (Id., Sec. 10.), Sec. 320. Members of:to Be Furnished Copy of Rules, Etc.; Shall Study Them—Each member of the Fire Depart- ment shall be furnished with a copy of all of the rules and regulations adopted for the government, etc., of the Depart- ment and shall study and familiarize himself with the same. (Id, Sec. 11.) Sec. 321. Secretary of; Duties, Etc.—It shall be the duty of the Secretary to maintain his office at the Central Fire Station; to preserve and keep all books and papers belonging to the Fire Department; to keep a complete and perfect record of all matters concerning and connected with the Fire Depart- ment; to make reports whenever requested by the Fire Com- » missioner, Mayor or City Council; he shall be under the direc- tion and control of the Chief of the Fire Department and the Fire Commissioner. (lId., Sec. 12.) Sec. 322. Salaries of New Appointees, Etc., Graduated— That the monthly salaries of the Lieutenants, Laddermen, Stokers, Drivers and Pipemen in the Department who are employed after March Ist, 1914, shall be graduated and paid at the following rate, according to their service and experi- ence: For the first six months’ service Sixty-five Dollars ($65.00) per month, at the end of which time said employee shall be examined, and if he shows a good report for obedi- ence, attention to duty and efficiency and is able to stand the examination prescribed by the Civil Service Commission, he shall then be paid for the next or second six months’ service the sum of $70.00 per month. At the end of the second six monthy’ period, if said employee shows a good report for obedi- ence, attention to duty and efficiency and is able to stand the examination prescribed by the Civil Service Commission, he shall be paid for the next six months’ period $75.00 per month. At the end of the third six months’ service, if the employee is 126 Revised Code of Ordinances able to show a good report for obedience, attention to duty and efficiency and can stand the examination prescribed by the Civil Service Commission, he shall then be considered a full- fledged fireman and will thereafter be entitled to receive the sum of $80.00 per month for his services. (Id., Sec. 13.) Sec. 323. Appointees at Central Fire Station Receive $2.50 Per Month in Excess Other Appointees—On account of the extra service and work required of the firemen at Central Station, all of the employees at said station, except the Watch- men, who receive a salary less than .$90.00 per month, shall be paid an extra $2.50 per month each, in addition to the schedule of wages prescribed in the preceding paragraph, but this extra $2.50 only applies to employees above mentioned at the Central Fire Station. (ld., Sec. 14.) Sec. 324. Employees Now in Department, Full-Fledged Firemen—All employees that are now in the service of the Fire Department shall, insofar as their salary is concerned, be considered full-fledged firemen and they will be entitled to draw the monthly compensation for their services prescribed in the following section; but all employees now in the service of the city in the Fire Department shall nevertheless be required to show at the end of each six months a good re- port for obedience to orders, attention to duty and efficiency, and must stand the necessary examinations prescribed by the Civil Service Commission, in order to hold their position and compensation. If they fail in producing the report above men- tioned and standing the examination above mentioned, they shall be reduced to the salaries prescribed for other employees serving the length of time as shown in Section 322. (ld., Sec. 15.) Sec. 325. Salaries of Officers and Employees—The monthly salaries of the officers and employees of the Fire Department beginning with the month of March, 1914, shall be as follows: The Chief of the Fire Department shall receive Two Hun- dred Dollars ($200.00) per month. The First Assistant Chief, One Hundred and Fifty Dollars ($150.00) per month. The Second Assistant Chief, One Hundred and Fifteen Dol- lars ($115.00) per month. Secretary of the Fire Department, Ninety Dollars ($90.00) per month. of the City of Houston 127 Captain at Central Fire Station, One Hundred Dollars ($100.00) per month. | Captain at each of Stations Nos. 7 and 9, One Hundred Dollars ($100.00) per month. Captains at all other stations, Ninety Dollars ($90.00) per month. First Engineer at Central Fire Station, One Hundred and Five Dollars ($105.00) per month. Engineer at Fire Station No. 8, Ninety Dollars ($90.00) per month. Veterinarian at Fire Station No. 8, Ten Dollars ($10.00) per month. Engineers at all other stations, Ninety Dollars ores 00) per month. Chauffeurs at all stations, Ninety Dollars (390.00) per month. : Lieutenants, Laddermen, Stokers, Drivers and Pipemen,.- after they have served the requisite eighteen months’ period: described in Section 322, shall receive each the sum of Eighty Dollars ($80.00) per month. Watchmen at Central Fire Station, Seventy-Five Dollars ($75.00) per month. Watchmen at Stations Nos. 7 and 9, each, Seventy Dollars ($70.00) per month. Watchmen at all other stations, Sixty-five Dollars ($65.00) per month. (lId., Sec. 16.) Sec. 326. Firemen Assigned to Duty as Watchmen; Sal- ary—Should a fireman be assigned to duty as Watchman after March Ist, 1914, he will receive as compensation for his said services as Watchman only such compensation as is fixed for Watchmen at said station, regardless of what salary the said Fireman had been previously paid. (Id., Sec. 17.) Sec. 327. Automatic Candidates for Promotion in—For 15 days previous to the end of the first, second and third six months’ service provided in Section 322, all Lieutenants, Lad- dermen, Stokers, Drivers and Pipemen shall automatically become candidates for promotion and shall be considered ap- plicants for promotion, unless they notify the Department to the contrary. (Id., Sec. 18.) Sec. 328. Employee Failing of Promotion; Second Trial in Case Failure—In the event any employee in the Fire De- partment above mentioned shall fail to pass the examination iva Gee Revised Code of Ordinances prescribed by the Civil Service Commission, or shall fail to produce a good report for obedience to orders, attention to his duty and efficiency, he shall not be promoted, but may, if the Chief of the Fire Department recommends, be retained in the service and be given one more trial for promotion at the end of the first six months after any such failure. But he must serve an additional six months after his failure to pass before he will be eligible for promotion. Upon a second fail- ure to pass for the same grade the fireman so failing shall be discharged from the service. (ld., Sec. 19.) Sec. 329. Police Power of Members of; Penalty for Fail- ure to Comply With Orders of Members of—The Chief of the Fire Department of the City of Houston and each of his assistants and all officers thereof shall have the same police power at all fires as the police officers of the city have, and may command all reasonable assistance from the inhabitants of the city for the suppression or extinction of fires as may be necessary. Any person refusing to give such reasonable assistance or refusing to comply with any reasonable orders given by the Chief of the Fire Department, or any official in the Fire Department, shall be deemed guilty of an offense and upon conviction thereof he shall be fined not less than One Dollar ($1.00) nor more than Fifty Dollars ($50.00). (Id., Sec. 20.) | Sec. 330. Injuring Fire Alarm Appurtenances—Any per- son who shall interfere with, or cut, or injure, any of the boxes, wires or poles, or any of the appurtenances thereto, of the electric fire alarm system of the City of Houston, shall be fined not less than Ten nor more than One Hundred Dol- lars. (Code 1904, Art. 346.) Sec. 331. Driving Over Fire Hose—Any person who un- lawfully drives, or causes to be driven, any vehicle over or across any hose used for conducting water from any fire en- gine, fire plug or hydrant, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 346a.) Sec. 332. False Alarm of Fire; Penalty—If any person shall falsely or maliciously, by any means whatsoever, give an alarm of fire when there is no fire, he shall be deemed guilty of an offense, and, upon conviction thereof, shall be fined in any sum not less than Twenty-five nor more than One Hun- dred Dollars. (lId., Art. 347.) of the City of Houston 129 Sec. 333. Vehicles of Fire Department to Have Right of Way—Vehicles and apparatus of the Fire Department of the City of Houston, Harris County, Texas, shall have the right of way in and upon all streets and avenues of said city over all other vehicles of every kind and character, as well as persons -on bicycles and horses, and the sounding of the bell or gong thereon, as well as the bell from the fire alarm apparatus, shall constitute a warning to the persons hereinafter named to clear the streets and avenues and do the things hereinafter re- - quired. That the ordinance limiting the speed of vehicles shall not be deemed to apply to the vehicles above named. (lId., Art. 348.) Sec. 334. Street Cars to Stop as Near Center of Block— That every motorman operating a street car within the said City of Houston, upon the sounding of the bell from the fire alarm apparatus in the Market House, or the ringing of the bell or sounding of the gong on any vehicle or apparatus of the Fire Department of said city, shall stop as near to the center of the block as is possible whenever any engine, cart, wagon or other vehicle or apparatus of the said Fire Depart- ment of the City of Houston is about to cross the tracks on which the car he is operating is running, and in no event shall he attempt to pass ahead thereof, and shall so remain stand- ing until such engine, cart, wagon or other vehicle or appa- ratus has passed. (Id., Art. 349.) Sec. 335. Drivers of Carriages, Etc., to Drive as Near Curb as Possible—Every driver of any and every kind of car- riage, wagon or other vehicle drawn by animals, or operator of any kind of motor vehicle, or the rider of any horse or bicycle, within the said City of Houston, upon the sounding of the bell from the fire alarm apparatus in the Market House, or the ringing of the bell or sounding of the gong. on any vehicle or apparatus of said Fire Department, shall drive as near to the curb as possible, and at least ten feet from the corner of the street, and stop, whenever any engine, cart, wagon, or other vehicle or other apparatus of said Fire De- partment is about to cross or travel along the street or avenue upon which said vehicle is standing or being driven, and shall so remain standing until such engine, cart, wagon, or other vehicle or apparatus has passed. (ld., Art. 350.) Sec. 336. Pedestrians to Get on Sidewalk—That each and every pedestrian within the said City of Houston, upon the sounding of the bell from the fire alarm apparatus in the Mar- 130 Revised Code of Ordinances ket House, or the ringing of the bell or sounding of the gong on any vehicle or apparatus of the Fire Department, shall get upon the sidewalk whenever any engine, cart, wagon or other vehicle or apparatus is about to travel along such street or ave- nue and shall remain thereon until same has passed. (Id., Art. 351.) Sec. 337. Penalty—That the failure of any person named herein to comply with the provisions of the last preceding four sections or any part of same, shall constitute an offense, and upon conviction such person shall be fined in any sum not less than One Dollar and not more than One Hundred Dollars. (Id., Art. 352.) Sec. 338. Interference With, Etc., Unlawful—That it shall be unlawful for any person to interfere with the Fire Department of said city in fighting fire, or to take possession of any apparatus of said Department, or to interfere with its use by the members of said Fire Department, or to hinder or prevent any member of said Fire Department from fighting said fire, or to in any way impair, lessen or destroy the effect- iveness of the apparatus or men engaged in fighting any fire in the City of Houston. (Oct. 11, 1909; Ord. Bk. 2, p. 587, Sec. 1.) | Sec. 339. Penalty—Any person violating the next preced- ing section shall be guilty of an offense, and upon conviction thereof in the Corporation Court shall be fined in any sum not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (Id., Sec. 2.) of the City of Houston 131 CHAPTER XVIII. Fire Marshal. Sec. 340. Creation of Office—That the office of Fire Mar- shal is hereby created; that said office shall be independent of other departments, and that the Fire Marshal shall report directly to the Mayor and City Council. Said office shall be filled by appointment of the Mayor and with the consent of the City Council. (May 23, 1910; Ord. Bk. 3, p..566, Sec. 1.) Sec. 341. Duties—It shall be the duty of the Fire Marshal to investigate the cause, origin and circumstances of every fire occurring within the City of Houston. The Fire Marshal shall investigate the cause, origin and circumstances of every fire occurring within the City of Houston by which property has been destroyed or damaged and shall especially make investigation as to whether such fire was the result of care- lessness or design. Such investigation shall be made or begun within twenty-four (24) hours of the occurrence of such fire. And it shall be the duty of the Fire Marshal to keep in his office in a well-bound book a complete record of all fires oc- curring within the City of Houston by which property has been destroyed or damaged, including all the facts, statistics and circumstances, the origin of the fire, the amount of the loss, which may be determined by the investigation, and whe- ther said losses were paid by the insurance companies and when. Said record shall be at all times open to the public for inspection. (Id., Sec. 2.) Sec. 342. May Take Evidence; Disposition Thereof—The Fire Marshal, when in his judgment further investigation is necessary, shall cause to be taken under oath the testimony of such persons as are cognizant of the facts in relation to the nature of the fire and its origin, and shall cause said evidence to be reduced to writing and sworn to before a Notary Public, and if he shall be of the opinion that there is evidence suffi- cient to charge any person with the crime of arson or with the attempt to commit said crime, he shall cause such evidence, together with the names of all witnesses, to be placed in the hands of the proper prosecuting attorney and shall furnish said attorney all the evidence at his command pertinent to the case. (Id., Sec. 3.) 132 Revised Code of Ordinances - Sec. 343. May Secure Notary; Expense Paid by City— The Fire Marshal is hereby authorized to procure the services of a Notary Public, and shall in connection with said Notary Public secure evidence under oath touching any subject of inquiry or investigation which he in the exercise of the duties of his office may find necessary to be made, and the necessary expenses incurred in procuring the services of a Notary and other expenses incident to such investigation shall, when ap- proved by the Fire Marshal, be paid out of the general fund of the City of Houston. (Id., Sec. 4.) Sec. 344. Authority to Examine Buildings Where Fire Has Occurred—The Fire Marshal shall have authority at all times in the performance of his duties to enter upon and examine any building or premises where any fire has oc- curred or*is occurring, and also the buildings and premises adjoining and nearby the building in which the said fire exists. (Id., Sec. 5.) Sec. 345. Right to Inspect for Fire Risk, Etc.; Duty at Certain Buildings—The Fire Marshal, upon complaint of any person, or without complaint, shall have the right at all rea- sonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city for the purpose of inspecting same as to the fire risk. And it shall be his duty at least once every year to enter upon and make or cause to be made a thorough examination of all mercantile, manufacturing and public buildings, together with the prem- ises belonging thereto. Whenever he shall find any building or other structure, which for want of repair or by reason of age or dilapidated condition or for any other cause is especially liable to fire and so situated as to endanger other buildings or property, or so occupied that fire would endanger the lives of persons or property therein, and whenever he shall find an improper or dangerous, arrangement of stoves, ranges, fur- naces and other heating appliances of any kind, including chimneys, flues and pipe with which the same may be con- nected, or any dangerous arrangement of lighting devices or any dangerous or unlawful storage of explosive compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable, refuse materials, or other conditions which in his opinion are dangerous in character or liable to cause or promote fires or create condi- tions dangerous to the firemen or occupants of any building, he shall order the same to be removed or remedied, and shall follow up said order and see that same is complied with by of the City of Houston 133 the owner or occupant of said building, within a reasonable time, and in case of failure upon the part of the owner or oc- cupant to comply with said order, or refusal to do so, it shall be his duty to report said fact to the Mayor and City Council, and to notify the insurance companies of said action, and if in his judgment the exigencies of the case demand it, he shall file complaint thereof before the proper court. (Id., Sec. 6.) Sec. 346. Assessed Valuation of Stocks of Goods, Etc.— The Fire Marshal shall keep in his office a record of the as- sessed valuation of every stock of goods, wares and merchan- dise, as shown by the books of the City Assessor and Collector of Taxes. And it shall be his duty to furnish said assessed valuation to any insurance company, its agent, or to any in- surance adjuster. (Id., Sec. 7.) 134 Revised Code of Ordinances CHAPTER XIX. Harbor Department. Article 1.—-Board of Harbor Commissioners. 2.—Franchises. 3.—Revenues. 4.—Penalties. 5.—Wharf Master. ARTICLE 1. BOARD OF HARBOR COMMISSIONERS. Sec. 346a. Creation Harbor Department; Control Vested Board Harbor Commissioners—There is hereby created a department of the government of the City of Houston to be known as the ‘‘Harbor Department,” which shall be under the control and management of a board of five commissioners and the Mayor, to be known as the Board of Harbor Commission- ers, whose control and management of the matters pertaining to said department shall be subject to the approval of the City Council. (Dec. 3,.1913; Orde Bk: 3, p, 560; Sec: 1.) Sec. 347. Appointment, Etc., Board—The members of the Board of Harbor Commissioners shall be appointed by the Mayor, subject to confirmation by the Council. No person shall be appointed a harbor commissioner who is not a resident citi- zen of the City of Houston, over the age of twenty-one years. The members of said board shall serve without compensation. (Id., Sec. 2.) Sec. 348. Term of Office; Vacancies; President of Board; Vice President—The term of office of the members of the Board of Harbor Commissioners shall be two years. The term of office of the five members first appointed hereunder shall commence upon their appointment to and written acceptance of membership, and unless such written acceptance shall be filed with the Mayor within fifteen days after the appointment, then the Mayor shall appoint, subject to confirmation as pro- vided in Section 347, others to fill the places not accepted, until said board shall have its full membership. Said five members first appointed shall so classify themselves by lot that three of their number shall go out of office at the expiration of one of the City of Houston 135 year from the time of their appointment; provided, however, such members shall hold office until their successors have qual- ified. Whenever a vacancy occurs for any reason, the Mayor shall fill the same by appointment for the unexpired term, sub- ject to the confirmation of the Council. The Mayor, subject to the approval of the Council, shall name the president of the board, who shall hold his office two years, and until his suc- cessor shall have qualified, unless his membership on the board sooner expires. Said board shall elect from their number a Vice President, who shall perform all the duties of the Presi- dent in the event of the absence or inability of the President to act. The President of the Harbor Commissioners shall be the executive officer of the Harbor Department, and in the event of his absence or inability to act the Vice President shall be the executive head. (Id., Sec. 3.) Sec. 349. Secretary of Board—The Board of Harbor Com- missioners may appoint a Secretary, not a member of the board, whose salary shall be fixed by the Council. Such Sec- retary shall keep a record of all the proceedings of the board, specifying therein the names of the commissioners present at all meetings, and giving the ayes and noes upon all votes. The Secretary of the board shall certify such proceedings un- der his hand, to be authenticated by a seal, if a seal be adopted and provided by the board for that purpose, and shall perform all such other duties as the board may prescribe or as may be fixed by ordinance. (lId., Sec. 4.) Sec. 350. Meetings of Board; Rules and Regulations— The Board of Harbor Commissioners shall hold regular meet- ings at least once in each month, and as much oftener as may be necessary for the transaction of business. Three members shall constitute a quorum for the transaction of business, and the passage of any resolution or order by the board shall re- quire a majority vote of those present. The board shall have power to make by-laws governing the conduct of its members and the dispatch of business thereat, and shall also have the power, subject to the approval of the City Council, to estab- lish all necessary rules and regulations for the government of the Harbor Department, and for the regulation of the conduct of the officers and employees therein as it shall deem proper. (Id., Sec. 5.) Sec. 351. City Engineer Ex-officio Harbor Engineer—The City Engineer shall be the engineer of the Board of Harbor Commissioners, and shall be ex-officio harbor engineer of the 136 Revised Code of Ordinances city ; and in addition to the duties otherwise prescribed in the charter and ordinances of the City of Houston, he shall per- form such engineering and surveying necessary for the public work done under the direction or supervision of the board, as said board may require. He shall make such certificates and reports upon the progress of such work, and shall make such surveys, inspections and estimates, and perform such other surveying and engineering work as may be required by the board. (Id., Sec. 6.) Sec. 352. Employees of Harbor Department, How Em- ployed—The Board of Harbor Commissioners shall have the right to employ all necessary help in the conduct of the Harbor Department; provided, the necessity for the same and the com- pensation thereof shall be determined in advance by the City Council upon the recommendation of the board, the powers, duties and qualifications of such employees to be fixed by ordi- nance, subject to such civil service rules and regulations as may now or hereafter be in force affecting same. Said board shall have the power, with the approval of the Council, to discharge, suspend or remove from office all employees of the > Harbor Department, and to require bonds of such employees to insure the faithful performance of their duties. (Id., Sec. 7.) Sec. 353. Board Has Control Houston Ship Channel, Etc.—The Board of Harbor Commissioners, under this chap- ter and ordinances hereafter passed, shall have possession and control of the entire Houston Ship Channel water front, from Main Street down to and including the limits of the city’s control of said channel, together with all other navigable wa- ters in the limits of this city, and authority to use, for the loading and landing of merchandise, with a right to collect dockage, wharfage and tolls thereon, such portions of the streets and other public places terminating or fronting on said Houston Ship Channel or other navigable waters in said city limits as may be used for same without obstructing the same as public thoroughfares. (Id., Sec. 8.) Sec. 354. Specific Powers of Board—The Board of Har- bor Commissioners shall have power, subject to such ordi- nances as the City Council may hereafter from time to time adopt, and with the approval of the Council: (a) To make, adopt and enforce by-laws, rules and regu- lations regarding the use. and control of the water front, Hous- ton Ship Channel from Main Street to and including the limits of the City of Houston lt of the city’s control on said channel and all other navigable waters within the city limits, and the anchoring, mooring, towing, docking and landing of all steamships, vessels and other water craft therein, respecting pilotage and towage, and the placing, installment and maintenance of buoys, bells, lights and fog horns in and upon said channels and waters. (b) To regulate and control the operation and use of all wharves, piers, docks, slips, quays, landings, elevators, cranes, derricks, warehouses, marine ways, dry docks, railways and other utilities, structures and appliances for the accommoda- tion of commerce upon said channel and waters, for the tak- ing on and landing of passengers, and the loading and dis- charging of the cargoes of steamships, vessels and other crafts plying thereon. (c) To fix, regulate and collect rates or charges for wharf- age, dockage, tolls and cranage of all steamships, vessels and other craft admitted to the wharves, piers, docks, slips, quays and landings owned, operated or controlled by the city or leased by the city to private individuals or corporations; the rate of towage and pilotage in said waters, and the rates of charges on all ferries, steamships, vessels or other craft owned, con- trolled or operated by the said city or its licensees, and to fix, regulate and collect rates or charges for the use of all ware- houses, elevators, bunkers, marine ways, dry docks and other structures, derricks, cranes and other appliances owned, con- trolled or operated by the city, or by lessee from the city and constructed or used for the loading or unloading of cargoes of steamships, vessels and other water craft, and for the storage thereof, and for the use of all appliances for the taking on or discharge of passengers by or from such steamships, vessels or other water craft. | (d) The powers conferred by this section upon said Board of Harbor Commissioners shall be exercised by resolution or order adopted by a majority of its members, and recorded in the minutes with the ayes and noes at length; provided, that no such resolution or order shall be effective until the same shall be approved by the City Council, by ordinance, and shall be thereafter published as required by law. And any person, _firm or corporation, who shall violate the provisions of any such resolution or order as approved by ordinance shall be guilty of a misdemeanor, and upon conviction shall be pun- ished by a fine of not more than Two Hundred Dollars. (Id., Sec. 9.) 138 Revised Code of Ordinances Sec. 355. Board’s Powers as to Control, Etc.—The Board of Harbor Commissioners shall have charge, superintendence and control, except as the City Council may by ordinance pro- vide hereafter, and subject to the approval of the City Council: (a) Of the design, construction, maintenance and repair of all walls, embankments, bulkheads, wharves, piers, docks, quays, slips, landings, elevators, cranes, derricks, marine ways, warehouses and other structures and appliances erected, oper- ated and maintained by the city for the accommodation of commerce in and upon said Houston Ship Channel and waters in the city limits, for the landing of steamships, vessels and other water craft therein, for the loading, discharging and storing of the cargoes of freight from such steamships, vessels and other craft, and of all appliances erected, constructed and maintained by the city for the taking on or discharging of pas- sengers by or from such steamships, vessels or other water craft. . (b) Of the dredging, deepening, widening and clearing of the Houston Ship Channel, all slips, docks, canals, basins, wa- terways and other waters in the city limits, and of the acquisi- tion, construction and operation of dredging machines, scows, tugs and other machinery or appliances therefor, and of the employment of persons to operate the same; provided, that all of such powers herein provided for shall be exercised with the approval and consent of the Council, and that all material re- moved by reason of deepening, dredging, widening or clearing of any such slips, docks, channels, basins, canals or waterways shall be deposited in such place or places as the City Council may designate. (c) Of all wharves, piers, docks, quays, slips, landings, dry docks, marine ways, elevators, cranes, derricks, warehouses and other structures, marine ways, railways and all other structures and appliances owned, controlled or operated by the city for the landing of vessels, the loading and unloading of their cargoes, and the storage thereof, the taking on and dis- charge of their passengers. (d) Of all the ferries, towboats, pilot boats, steamships and other vessels and water craft owned, operated or controlled by the city. (e) But no moneys shall be expended, or obligation to ex- pend same incurred on account of any of the matters referred to herein without prior approval thereof by the City Council. (Id., Sec. 10.) of the City of Houston 139 Sec. 356. Additional Powers Conferred and Duties Im- posed on Board—In addition to the powers and duties herein- before provided, the Board of Harbor Commissioners shall exercise and perform the further powers and duties: 1.—To make at such times as may be prescribed by their rules and regulations or by ordinance, a thorough investigation into the affairs of all persons, firms or corporations operating or maintaining ferries, wharves, piers, docks, quays, moles, slips, landings, elevators, derricks, marine ways, warehouses, and other public service utilities pertaining to the water front, Ship Channel, Turning Basin and other navigable waters within this city, and collecting fares, wharfage, dockage, tolls and other charges for the use of the same, in the City of Houston or within its jurisdiction, and compile such data as may be necessary to determine the proper licenses and charges for the service furnished or supplied by such persons, firms or corporations, as provided by this chapter or as hereafter pro- vided. Such data shall include a valuation of the physical properties of such persons, firms or corporations, a detailed statement of the gross and net earnings, expenses, capitaliza- tion and indebtedness thereof, and such matters as the board may deem proper, and shall include such facts and figures as may be obtainable regarding the operation and maintenance of similar works and utilities in other municipalities. The board shall have the right at all reasonable times to have access to, and in person or by their duly authorized represent- atives to examine the books, papers, maps and records showing the affairs, transactions, property and financial conditions of such persons, firms or corporations, for the purposes of such investigation and the compiling of such data. 2.—To fix, subject to approval, change or modifications by the City Council, as herein provided, the amount of licenses to be imposed and collected by the city, and the rates to be charged and collected by any person, firm or corporation for the services mentioned in Subdivision 1 of this Section; such licenses and rates to be so fixed for such, as may be prescribed by ordinance or otherwise by law, but in no event for a period of less than one year nor for more than three years. Such licenses and rates shall be fixed by resolution of the board, to be recorded in the minutes with ayes and noes at length. Immediately upon the adoption of any such resolution, a copy of the same certified by the Secretary of said board, shall be filed with the City Secretary. The City Secretary shall present such resolution to the City Council at its next regular meeting. 140 Revised Code of Ordinances Any person interested or affected by the rates and licenses specified in any such resolution may, within fifteen days after the adoption of such resolution, file objections thereto with the City Secretary specifying the grounds of such objections and petition the City Council for a rehearing of such rates. The City Secretary shall lay all such objections before the City Council at its next regular meeting after the expiration of the time for the filing of the same. The City Council may, upon any such petition, order a rehearing of the rates or licenses objected to. At such rehearing the City Council shall consider such rates or licenses, shall hear and pass upon the objections thereto at such time, and under such rules and modes of pro- cedure as it shall by ordinance prescribe, and shall have the power to finally fix such rates or licenses by approving, chang- ing or modifying the same, such change or modification to be made by ordinance; provided, however, that in order to change or modify any rates or licenses fixed by the said Board of Harbor Commissioners, a majority vote of the City Council shall be necessary. All rates or licenses to which no objections are filed or of- fered shall be deemed to be finally fixed by said Board of Harbor Commissioners. All rates or licenses fixed under the provisions of this chapter shall be so fixed as to take effect immediately upon their final approval by the City Council. — 3.—To investigate any and all complaints against the ser- vice or charges of any person, firm or corporation operating any ferry, wharf, pier, dock, quay, slip, landing, elevator, derrick, marine way, warehouse, and other public utilities per- taining to the water front, Ship Channel, Turning Basin, and other navigable waters within the jurisdiction of the city, and to recommend legislation to the City Council, or action to the executive officers of the city whenever, in the judgment of the board, such legislation may be necessary. 4.—To superintend the inspection of all ferries, wharves, piers, docks, quays, moles, slips, landings, elevators, cranes, derricks, marine ways, warehouses, and other public service utilities pertaining to the water front, Ship Channel, Turning Basin, and other navigable waters within the jurisdiction of the city, maintained or furnished by persons, firms or corpora- tions in the City of Houston or within its jurisdiction, as to their compliance with their franchises, and with the law and the ordinances of said city regulating the manner of conduct- ing their business and the service and charges of such persons, firms or corporations, and their treatment of the public, and of the City of Houston | ry from time to time to recommend such legislation or executive action based on such investigation as, in their judgment, may be required. 5.—To prepare and keep a detailed and indexed record of all franchises or other grants or leases for ferries, wharves, piers, docks, quays, moles, slips, landings, or other public service utilities granted or given by the city or by other au- thority, in, upon or pertaining to the water front, Ship Chan- nel, Turning Basin, or other navigable waters within the jurisdiction of the city that are now in existence or that may hereafter be given or granted, showing the date, location, term thereof, and all other like public franchises exercised in the City of Houston. (Id., Sec. 13.) Sec. 357. Commissioners May Administer Oaths and Re- quire Attendance of Witnesses, Etc.—Hach Harbor Commis- sioner is hereby authorized and empowered to administer oaths and affirmations in all matters incident or pertaining to the exercise of the duties or powers of the board. Said board is hereby authorized and empowered to require, by subpoena, the attendance and testimony: of witnesses, and the production of books, papers and documents in any investiga- tion, hearing or proceeding conducted by said board in respect to any matter or thing of which said board has jurisdiction. The subpoena authorized as aforesaid shall be issued and signed by the president of said board. The Chief of Police is hereby authorized and directed to serve or cause to be served any and all subpoenas that may be issued by said board from time to time. Any person, firm or corporation who shall violate any portion of this section, or who shall refuse to obey said subpoenas, or who shall refuse to testify before said board, shall be guilty of a misdemeanor, and punishable by a fine of not less than Five Dollars ($5.00) nor more than Twenty-five Dollars ($25.00). (Id., Sec. 14.) _ . ARTICLE .2. FRANCHISES. Sec. 358. Applications for Franchises for Ferry, Wharf, Etc.; Subsequent Procedure—Every application made to the City Council for a franchise for any ferry, wharf, pier, dock, quay, mole, slip, landing, or other public service utility in, upon or pertaining to the water front of the Houston Ship Channel from Main Street to and including the limits of the city’s control on said channel and other navigable waters 142 Revised Code of Ordinances ‘within the city limits, shall, before any action is taken thereon, be referred by the City Council to the Board of Harbor Com- missioners respecting the same. Said board shall proceed to inquire into said application and within thirty days after said application has been referred to it, or longer if allowed by the City Council, shall report to the City Council its recom- mendation relative thereto. If, in the judgment of the board, such application should not be advertised for sale or granted, it shall so report, stating its reasons therefor; and if, in the judgment of the board, such application should be granted, it shall recommend the terms and conditions upon which the same shall be granted. No such franchise shall be advertised for sale or granted except on application therefor in writing previously filed with the City Council, nor unless such ap- plication shall have been referred to the Board of Harbor Commissioners, as aforesaid; provided, that if said board shall fail to report thereon within the time specified, or as extended by the City Council, nothing therein shall be construed to prevent the City Council, at its discretion, from proceeding to advertise said franchise for sale, or from awarding the same, as provided by law. No franchise shall be advertised for sale or granted contrary to the recommendation of said board except upon a majority vote of the entire City Council. (Dec. 3, 19138, Ord. Bk. 3, p. 560, Sec. 115) Sec. 359. Application for Franchises to Use Water Frontage, Etc.; Subsequent Procedure; Provisos—Every ap- plication for the right, privilege or franchise to use any portion of the water frontage or tide lands or submerged lands be- longing to the City of Houston, whether filled or unfilled, shall be presented in writing to the City Council. Such application shall state the purposes for which such water frontage, tide or submerged lands are proposed to be used. Before any action is taken thereon by the City Council, such application Shall be referred by it to the Board of Harbor Commissioners, which shall investigate the sarne, and shall within thirty days after such application shall have been referred, or within such further time as shall be allowed by the City Council, report to the City Council in writing its recommendations relative thereto. If, in the judgment of said board, such ap- plication should not be granted, said board shall so report, stating its reasons therefor; but if, in the judgment of the board, such application should be granted, said board shall in its report specify the terms, stipulations and conditions thereof, and the compensation to the city therefor, as shall be of the City of Houston 143 deemed by said board necessary and proper. No application to use any portion of such water frontage, tide lands and sub- merged lands shall be granted, except in pursuance of an ap- plication therefor in writing previously filed with the City Council and referred to the Board of Harbor Commissioners, as aforesaid; provided, that if said board shall not report its recommendations thereon within the time above specified, or as so extended by the Council, the Council may, at its dis- cretion, proceed to grant such application or order such right, privilege or franchise to be granted, as provided by the Charter of this city; and provided further, that no application shall be granted and no such right, privilege or franchise shall be given contrary to the recommendations of the Board of Harbor Commissioners, except the same be granted or given by a vote of a majority of all the members of the Council, taken by ayes and noes, and entered upon the minutes of the Council; provided further, that nothing herein shall be con- strued to require the City Council to refer any application applied for hereunder or under any other section of this chapter to the Board of Harbor Commissioners should the City Council be of the opinion that same should not be granted, and it shall not be necessary to make such reference where the Council is opposed to the granting of such application; provided further, that no lease or grant of any right, privilege or franchise hereunder shall ever be made for any term ex- ceeding twenty years, nor shall any such grant ever be made except in accordance with the provisions of the City Charter and under authority of an ordinance determining the terms, conditions and limitations of such lease, grant, privilege or . franchise, nor shall any such lease or grant ever be made of any portion of any Ship Channel, Turning Basin, water front, tide land or submerged land, or any land, right or privilege belonging to the City of Houston or under its control, on Buffalo Bayou Ship Channel or any of its tributaries, unless said property shall have first been declared by the Council by ordinance to be not required for any public purpose or use, nor shall any such lease or grant be made contrary to any of the restrictions or limitations which now exist or which may hereafter exist under the ordinances; provided further, all such leases, grants, privileges or franchises shall provide for the readjustment of the rental or charge every five (5) years; provided further, that no such lease, grant, privilege or fran- chise shall be made for any length of time of any wharf or any portion thereof or any portion of the water front, tide land or submerged land owned by or under the control of the 144 Revised Code of Ordinances city upon such terms and conditions as will interfere with the use thereof for their wharves. (ld., Sec. 12.) ARTICLE 3. REVENUES. Sec: 360. Revenues to Be Credited to ‘‘“Harbor Revenue Fund’’; How Drawn From; Purposes for Which It May Be Used—All moneys received or collected from or arising out of the use or operation of any and all railroads, wharves, piers, docks, slips, moles, ways, dry docks, quays, landings, elevators, cranes, derricks, warehouses, ferries, steamships, vessels, and other water craft, tug boats and all other works, appliances or utilities owned, operated or controlled by the City of Hous- ton in, or upon or pertaining to the water front upon said Houston Ship Channel, Turning Basin, or other navigable waters in this city, all fees for pilotage, and all rents or other charges for rights, privileges or franchises granted for the use of the water frontage, tide lands or submerged lands, all rents for leases of such lands, wharves, docks or portions thereof, all compensations, except licenses, required to be paid by franchise or otherwise by ordinance to the city for the operation of ferries, wharves and other public service utilities pertaining to said Ship Channel, Turning Basin, and other navigable waters within this city shall be deposited in the city treasury to the credit of the fund to be known as the “Harbor Revenue Fund,” and shall be kept separate and apart from other moneys of the city. Said board shall have the power, with the consent and approval of a majority of the City Council, to order and contract for the expenditure of all moneys in said fund as hereinafter provided. Moneys shall only be drawn from said fund in pursuance of an appropria- tion by the City Council and upon vouchers signed by the president or acting president of the board, and the secretary, and countersigned by the Mayor and City Controller, except that the City Council, at the time of fixing the general tax levy, may by ordinance apportion and set apart out of the moneys then in said Harbor Revenue Fund, an amount suf- ficient to meet all sums coming due for principal and interest, or interest or principal upon all outstanding harbor improve- ment bonds, before the time for fixing the next general tax levy, and the City Treasurer shall use the money so appor- tioned to make such payment, and for no other purpose; and if of the City of Houston te 145 there is a surplus remaining, the same shall forthwith be transferred into said Harbor Revenue Fund. Excepting as may be herein provided, or as shall hereafter | be determined by ordinance, none of the moneys in said Harbor Revenue Fund or in any fund authorized for the use of the Harbor Department, shall be appropriated or used for any purpose or purposes other than the following, to-wit: First: For the necessary expenses of conducting the Har- bor Department, operating any and all railroads, wharves, piers, docks, slips, quays, moles, landings, warehouses, and other utilities, steamships, ferry boats, pilot boats, tug boats, and other vessels and water craft belonging to the city and other works, appliances and utilities owned, operated or con- trolled by the city and pertaining to the water front, the Ship Channel, Turning Basin, or other navigable waters within the CILY: Second: For the acquisition, construction, completion and maintenance of sea walls, embankments, bulkheads, wharves, ferries, docks, slips, quays, moles, landings, warehouses and other structures, steamships, ferry boats, pilot boats, and other vessels and water craft, and other appliances and utili- ties pertaining to the water front, Ship Channel, Turning Basin, and other navigable waters in the city; for the dredg- ing, deepening, widening and cleaning of the waters and chan- nels within the city limits, and for extraordinary improve- ments and betterments to the property under the management and control of said board, including also the purchase of necessary lands and other property. Third: The payment, as above provided, of the install- ments of the interest or principal, or of interest and principal coming due on outstanding harbor improvement bonds. (Dec. 8, 1918, Ord. Bk. 3, p. 560, Sec. 15.) Sec. 361. Reports by Board, of Revenues Collected and Disbursed—Said board shall submit to the City Council on the last day of February of each year hereafter, and on the first day of the following September of each year, a written report containing an itemized statement of all revenues col- lected and paid into the City Treasury from any source what- soever during the last preceding six months, together with a — statement of all disbursements during said period, and the pur- pose and character thereof, said statement to be a complete digest of all the acts of the board during the last preceding six months. (Id., Sec. 15-15a.) 146 Revised Code of Ordinances ARTICLE 4. PENALTIES. Sec. 362. Penalty for Violation of Provisions of Chap- ter—It shall be unlawful for any person, firm or corporation to fail, refuse or neglect to comply with any of the provisions of this chapter, and any person, firm or corporation violating any of the provisions of this chapter, or refusing to obey or conform to any order of said Board of Harbor Commis- sioners, or any rule or regulation of said board with respect to the operation of any utility mentioned herein, shall be deemed guilty of a misdemeanor and, upon conviction there- of, shall be punishable by a fine of not more than Two Hun- dred Dollars ($200.00). (Dec. 3, 1913, Ord. Bk. 3, p. 560, Sec. 15.) ARTIGUES 5: WHARF MASTER. Sec. 363. Creation of Office—That there is hereby creat- ed the office of Wharf Master of the City of Houston, with the powers and authority hereinafter defined. (Dec. 17, 1906, Ord. Bk. 2, p. 344, Sec. 1.) Sec. 364. Appointment—There shall be one Wharf Mas- ter in the City of Houston, who shall be appointed by the Mayor and confirmed by the City, Council. He shall hold his office at the will and pleasure of the Mayor, and said office may be vacated at any time at the pleasure of the Mayor or the City Council, or both. (Id., Sec. 2.) Sec. 365. Compensation—The Wharf Master shall re- ceive such compensation for his services as may be agreed upon by the Mayor and Council. (Sec. 3.) Sec. 367. Duties; Authority—lIt shall be the duty of the Wharf Master, under the direction, supervision and control of the Board of Harbor Commissioners, to see to the enforce- ment of all ordinances of the City of Houston, either now passed, or which may hereafter be passed, affecting in any way the waters of Buffalo Bayou, or wharves or landing places upon said bayou, or the navigation thereof, and to see to the enforcement of all laws whatsoever affecting said matters; and all rights of regulation, control and inspection, which are vested in the City of Houston, shall be exercised by the said Wharf Master, under the direction and control of the Board of the City of Houston 147 of Harbor Commissioners. The said Wharf Master is further vested with authority under direction, control and supervision of said board to control the loading or unloading of boats at said wharf, and to control the landing of boats at the wharves | of Buffalo Bayou, and to designate when and how such loading or unloading or landing shall be done. (Id., Sec. 4.) 148 Revised Code of Ordinances Article CHAPTER XX. Health. 1.—Health Department. 2.—Board of Health. 3.—Health Officer. 4.—City Chemist and Bacteriologist, Etc. 5.—Nuisances. 6.—Stables. 7.—Barber Shops. 8.—Garbage, Etc. 9.—Swimming Pools and Natatoriums. 10.—Street Cars, Etc. 11.—Sewage. 12.—Privies, Vaults, Closets, Cess-pools, Etc. 13.—Physicians, Undertakers and Midwives. 14.—\Contagious, Infectious and Pestilential Dis- eases. 15.—Milk and Milk Products; Regulation, Etc:; Sale Of. | 16.—Milk and Milk Products; Regulation, Etc.; Sanitary Conditions, Etc. 17.—Ice Cream; Regulating; Manufacture, Etc. 18.—Pure Food and Drugs. 19.—Food Products; Regulating; Sanitary Condi- _ tions, Etc. 20.—City Market, Etc.; Regulating; Sanitary Con- ditions, Etc. 21.—Cold Storage; Regulations Governing. 22.—Milk and Food Products; Condemnations, Etc. 23.—Permits; Miscellaneous. 24.—Inspection; Miscellaneous. 25.—Construction. 26.—Vital Statistics. ARTICLE 1. HEALTH DEPARTMENT. Sec. 368. Creation of; Duties of Members—That there is created a Health Department, the officers and employees of which being charged with the duty of enforcing all the ordi- of the City of Houston 149 nances relating to ‘‘health,” and such other duties as are now or may hereafter be placed upon them by the Mayor or City Council or by the ordinances. (Mar. 3, 1914, Ord. Bk. 4, p.—, Sec. 1.) Sec. 369. Composition of Department—That the Health Department shall consist of the Board of Health, a Health Officer, an Assistant Health Officer, a City Chemist and Bacteriologist, a Milk Inspector, a Quarantine Inspector, a City Scavenger, a Superintendent of Garbage, a City Druggist, a Chief Sanitary Inspector, and such sanitary inspectors and employees as may be necessary and may be allowed by the Mayor and City Council. (Id., Sec. 2.) Sec. 370. Creation of Offices—That there is created the office of Health Officer, Assistant Health Officer, City Chemist and Bacteriologist, Milk Inspector, Quarantine Inspector, City Scavenger, ‘Superintendent of Garbage, Chief Sanitary In- spector and sanitary inspectors. (ld., Sec. 3.) Sec. 371. Appointment of Officers and Employees—That the Health Officer shall be appointed by the Mayor and con- - firmed by the City Council; that the other officers and em- ployees shall be appointed by the Mayor; that each and all of said officers shall, before entering upon the discharge of the duties of his office, take the constitutional oath of office. (Id., Sec. 4.) Sec. 372. Health Officer; Official Bond—That the Health Officer shall be a duly and regularly licensed physician and surgeon in good standing and shall, before entering upon the discharge of the duties of his office, execute and deliver to the City of Houston, and thereafter when required so to do by the Mayor, a bond in the sum of Two Thousand Dollars ($2000.00) payable to the said City of Houston, with at least three (8) good and sufficient sureties or a surety company authorized to do business in Texas, to be approved by the Mayor, condi- tioned that the said Health Officer shall faithfully perform and discharge all of the duties now or which may hereafter be required of him by law, or by the Charter or ordinances of the City of Houston, or by the Mayor or by the City Council, which said bond shall provide that all the conditions of same are to be performed in Houston, Harris County, Texas, and that any suit prosecuted and maintained thereon shall be prosecuted and maintained in said Harris County, Texas, and that in case of any recovery thereon, the obligors agree to pay 17 ) 150 Revised Code of Ordinances the expense incurred by or imposed upon the said City of Houston in or about the collection thereof, including a reason- able attorney’s fee, and that said bond shall not become void until the whole amount thereof has been exhausted. (ld., Sec. 5.) Sec. 373. Health Officer; Duties; Powers—That in ad- dition to the duties imposed, and the powers and authority conferred, upon the Health Officer by the ordinances of the City of Houston, he shall perform the duty and exercise the powers as follows: He shall be the executive officer of the Board of Health and, as such, be charged with the enforcement of the ordinances of the City of Houston and the rules and regulations of the City and State Boards of Health relating to all matters of health; he shall, with the approval of the Mayor and City Council, the Board of Health and the Civil Service Commission, make such rules and regulations for the govern- ment and control of the officers and employees of his depart- ment as he may deem advisable, and as the head of the depart- ment shall have such direction, supervision and control of such officers and employees. He shall be authorized, with the approval of the Mayor, to suspend any officer or employee of the Health Department for insubordination or inattention to or neglect of duty, or violation of the ordinances or rules and regulations of the Board of Health until he has been re- moved, discharged or reinstated and during the time of such suspension, unless such officer or employee be reinstated with- out prejudice, he shall not be entitled to the pro rata portion of his salary. He shall keep a careful watch upon the drainage and sewage system of the city and promptly report to the Board of Health any needed changes for the promotion and maintenance of public health. He shall make a full report to the City Council once each month concerning the sanitary conditions of the city, with a statement of all deaths occurring in the city since the date of his last report; he shall supervise the operation of the garbage crematory as part of his depart- ment. (ld., Sec. 6.) Sec. 374. Assistant Health Officer; Duties—That the As- sistant Health Officer shall possess the same qualifications as the Health Officer, and shall perform and discharge such duties as are and may be prescribed by the ordinances, by the. Board of Health and the Health Officer, and in the absence or inability. of the Health Officer, discharge and perform the duties and exercise the authority of the Health Officer. (Id., Sec. 7.) of the City of Houston 151 Sec. 375. City Chemist and Bacteriologist; Duties—That the City Chemist and Bacteriologist, also called City Patholo- gist, shall be a person skilled in the science of analytical chemistry and bacteriology, and a practical chemist, and he shall be charged with the duty of enforcing the ordinances regulating the sale, etc., and the sanitary conditions, etc., of milk and milk products; the manufacture of ice cream; the sale of pure food and drugs; the sanitary conditions, etc., of food products and, generally, of ordinances usually referred to as “pure food and drug ordinances’’; and he shall also per- form and discharge such other duties as are or may be pre- scribed by the ordinances, the Board of Health or the Health Officer, Mayor, or City Council. (Id., Sec. 8.) Sec. 376. Milk Inspector; Duties—That the Milk Inspect- or shall be under the direction, supervision and control of the City Chemist and Bacteriologist, and shall be charged with the enforcement of all ordinances regulating the sale of milk and milk products; the sanitary condition of milk and milk prod- ucts, and all other ordinances wherein he is specially named, and shall perform and discharge such other duties as he may . be called upon to perform by the Board of Health, City Chem- ist and Bacteriologist, Health Officer, Mayor or City Council. (Id., Sec. 9.) Sec. 377. Quarantine Inspector; Duties—That the Quar- antine Inspector shall be under the direction, supervision and control of the Board of Health and the Health Officer, and shall perform such duties as he may be called upon to perform by it or him, or by the Mayor or City Council. (Id., Sec. 10.) Sec. 378. City Scavenger; Official Bond; Duties; Powers; _. Authority—That the City Scavenger shall be under the direc- tion, supervision and control of the Health Officer, and shall perform such duties under his direction and the direction of the Board of Health as are now or may hereafter be imposed upon him by the ordinances. The said City Scavenger shall enter into a bond payable to the City of Houston with three (3) good and sufficient sureties or a surety company author- ized to do business in Texas, in the sum of Two Thousand Dollars ($2000.00), to be approved by the Mayor, conditioned that he shall faithfully perform and discharge all of the duties now or which may hereafter be required of him by law, or by the Charter and ordinances of the City of Houston, or by the Mayor or by the City Council, or by the Board of Health, or by the Health Officer, and that he shall pay over and 182 Revised Code of Ordinances properly account for all moneys received or collected by him or his department for the city. The said bond shall provide that all the conditions are to be performed in Harris County, Texas, and that suit thereon may be prosecuted and maintained in said Harris County, Texas, and that in case of a recovery thereon, the obligors agree to pay the expense incurred by, or imposed upon, the said City of Houston in or about the collection thereof, including a reasonable attorney’s fee, and that said bond shall not become void until the whole amount thereof has been exhausted. He shall, with the approval of the Mayor and Health Officer, make suitable rules and regula- tions for the proper working of the scavenger carts or wagons and shall direct, control and supervise the work of the sanitary inspectors engaged in the scavenger work, and shall look after the upkeep and the care of the harness, tools and other equip- ment and animals of said department, and generally oversee and look after the proper working of the sanitary inspectors and other employees and carts and wagons in his branch of the Health Department. (Id., Sec. 11.) Sec. 379. Superintendent of Garbage; Duties—That the Superintendent of Garbage shall be under the direction, super- . vision and control of the Board of Health and the Health Officer, and he shall diligently superintend the works of both men and teams engaged in the removal of garbage and while so doing he shall carefully note the condition of streets, bridges and crossings throughout the city and report the same to the Street Commissioner, and shall perform such other duties as may be required of him by the Board of Health, Health Officer, Mayor or City Council. (Id., Sec. 12.) : Sec. 380. Chief Sanitary Inspector; Duties; Authority— That the Chief Sanitary Inspector, or Chief Health Inspector, shall be the executive head of the sanitary inspectors, and under the direction, supervision and control of the Health Officer and the Board of Health; and shall have direction, supervision and control over them, with the exception of those engaged in the Scavenger branch; that he and the sanitary inspectors shall also perform and discharge such other duties as they may be called upon to perform by the Board of Health or the Health Officer; the Chief Sanitary Inspector shall have all the power and shall perform all the duties of a sanitary inspector. (lId., Sec. 13.) Sec. 381. Sanitary or Health Inspectors; Duties; Au- thority; Badges; Definition Terms; Offense to Fail or Refuse of the City of Houston 153 to Obey; Penalty; Bond of Those Working Under City Scavenger—That the sanitary inspectors, in addition to the duties which they are already charged with performing, and the authority conferred upon them by the ordinances and such other duties as they may be directed to perform by the Board of Health or Health Officer, shall perform and discharge the duties and exercise authority as follows: (a) They shall have the right and it shall be their duty to enter upon the premises, dwellings and the outhouses of any and all persons of the City of Houston to inspect same and to enter the residences, dwellings, business houses or places of business, or houses of whatsoever nature where there are water connections, to inspect said water connections and premises generally, provided, that application be first made to the owner or occupant of said premises for permission to enter for the inspection of same, and to order the removal of any nuisance or any substance likely to create a nuisance or to be injurious to the public health, and to order any repairs necessary to prevent the waste of water, of any water connec- tions in and upon said premises; said sanitary inspectors or ~ health inspectors shall generally assist in enforcing the health ordinances and the adopted sanitary rules of the city, and shall be vested with all the powers of ordinary policemen or peace officers, with the right and privilege to make arrests for violations of law, and it is made their duty to make arrests in cases where other police officers of the City of Houston are authorized so to do, and shall perform such other duties as may be required of them by the Mayor or City Council of the City of Houston. Upon refusal of any owner or occupant of any premises to allow any sanitary inspector or health inspector to enter same for the purpose of making any inspections, it shall be the duty of said sanitary inspector and health inspector to report said refusal, giving the name and city address of the occupant of said premises to the Water Commissioner, who is hereby, in addition to other penalties provided by the ordi- nances, empowered .to discontinue the water supply of said owner or occupant so refusing to allow any inspection by a sanitary inspector. | (b) They shall wear a badge of the size and pattern now used by the police officers of said city, on which shall appear the words “Sanitary Police,” together with the number of the badge engraved thereon. 154 Revised Code of Ordinances (c) The terms ‘Sanitary Inspector,” “Health Inspector’ and “Sanitary Policeman” are used interchangeably and de- note and indicate the same officers. (d) That any person who shall fail or refuse to obey the orders of a sanitary inspector or health inspector, respecting the removal of a nuisance, or the cleaning of premises, or the cutting of weeds and grass as required in this Code of Ordi- nances, after due notice to do so has been given in writing to said person to remove such nuisance, or clean such premises, or cut such weeds and grass, shall, upon the expiration of 24 hours after the time specified in said written notice within which said work shall be done, be subject to a fine of not less than One Dollar ($1.00) and not exceeding Ten Dollars ($10.00) ; said fine to be imposed in the Corporation Court of the City of Houston, and each day’s disobedience of such order or failure to clean such premises, remove the nuisance or cut the weeds and grass, as may be ordered, shall constitute a separate offense. ; (e) That each sanitary inspector working under the City Scavenger shall make to him, at the close of each day, a report showing what premises he has inspected that day; and he_ shall also, each day, report to the City Scavenger and pay in to him, all money collected by him for the city; said report shall show the name and address of all persons from whom any money has been collected and for what purpose the money was collected. That such sanitary inspector so working under the City Scavenger shall enter into a bond in the sum of Five Hundred Dollars ($500.00), payable to the City of Hous- ton, executed, conditioned and payable in all respects as the bond required to be executed by the City Scavenger. Said bond shall also provide that if the City Scavenger is required to pay to the City of Houston any amount on account of money collected by said inspector and not paid into the city, then such City Scavenger, his heirs, assigns or bondsmen shall each have a cause of action for such amount so paid, on said bond and against the sureties thereon. (Id., Sec. 14.) Sec. 382. City Druggist; Duties—That the City Druggist shall be a person skilled in the science of pharmacy and a practical pharmacist and druggist, and shall perform and discharge such duties as are now or may be prescribed by the Board of Health, or Health Officer, and shall fill the pre- scriptions of the Health Officer and, under the direction, supervision and control of the Health Officer, shall have charge of the City Dispensary; the keeping of all records and vital of the City of Houston 155 statistics, and shall perform the duty of Chief Clerk to the Health Officer. (Id., Sec. 16.) Sec. 383. Salaries of Officers and Employees—The monthly salaries of the officers and employees of the Health Department, beginning with the month of March, 1914, shall be as follows: LGR ICO) PN CET ea necs oe ae RO tee hee ene Mae $300.00 EX SSISCONUPELCLGIT OL NCe Ten ate me ga) gn SAC 125.00 City Chemist and Bacteriologist..0 0... 150.00 OIE VR OCAVELID C turer Mi nian amie arg er tel eg at Pe 150.00 NET Kee LTS DCCUO Tee ames meen noe ee iy BOER) Lets 115.00 CITY LOTUS OTR Eee ee eee ee Cheney A Io 115.00 SAVE W MEU UR UNE! Gl BEES SG KAT ey Sut a a acl MMR We SES 115.00 Superintendent of Garbage... 135.00 Ciibtematitalys | MSpectonses a ee ea nee, 125.00 Sanibel ny ls DEC LOLS ee some nt ser et aR 100.00 rebel TSNeC LO tar ce er Nee 100.00 Clerk of the Scavenger Division. 00... 100.00 Provided, that hereafter the salaries of Sanitary and Garbage Inspectors each shall be graduated and paid at the following rate on the following conditions: For the first twelve (12) months he shall receive $75.00 per month, and if he be able to show a good report for obedience, attention to duty and efficiency, and can stand the necessary examination prescribed by the Civil Service Commission, he shall then be paid $87.50 per month, and at the end of the next six months’ period, if he is able to show a good report for obedience, attention to duty and efficiency, and can stand the required examination prescribed by the Civil Service Commission, he shall then be considered a “full fledged’? inspector, and shall thereafter be entitled to be paid the sum of $100.00 per month, provided that the employees now serving the city as garbage and sanitary inspectors will continue to receive during their ser- vice the sum of $100.00 per month, but they will, nevertheless, be required to stand the examinations prescribed by the Civil Service Commission and be able to show a good report for obedience, attention to duty and efficiency required above. (Id., Sec. 16.) Sec. 384. Compensation of Other Employees—That the compensation of all other employees of the Health Department shall be such as may be fixed by the Mayor and City Council from time to time. (Id., Sec. 17.) e 156 Revised Code of Ordinances Sec. 385. Bonds May Be Required of Other Officers and Employees—That the Health Officer and Mayor may require any officer or employee of the Health Department, handling, receiving or collecting moneys belonging to the City of Hous- ton, to execute and deliver to the City of Houston a bond in such sum as they may deem proper and sufficient, which bond shall be payable to the City of Houston, with at least three (3) good and sufficient sureties or a surety company authorized to do business in Texas, to be approved by the Mayor and to contain the same conditions and provisions as are provided for in the case of the City Scavenger, and further conditioned, giv- ing City Scavenger, or other officer responsible for the acts of such officer or employee, the same right of suit as provided in case of Sanitary Inspectors working under the City Scaven- ger. (Id., Sec. 18.) Sec. 386. Payment of Fees and Money Received and Col- lected—That all fees or moneys collected or received by of- ficers and employees of the Health Department or coming into their possession belonging to the City of Houston, shall be paid over to the Assessor and Collector of Taxes daily, and such daily and monthly reports made as are required by the ordi- nances. (Id., Sec. 19.) Sec. 387. Sanitary or Health Code to Control This Ar- ticle—That all ordinances: and parts of ordinances in con- flict herewith be and the same are hereby repealed, but it is not intended hereby to in any manner repeal or affect that certain ordinance establishing a sanitary. and health code passed by the City Council on January 26th, A. D. 1914, but such ordinance is to remain in full force and effect, and this ordinance is only for the purpose of creating and organizing a Health Department, and in case of any conflict between it and said Health Code, the latter shall control and govern. (Id.,; Sec. 20.) ARTICLE 2. BOARD OF HEALTH. Sec. 388. Creation; Composition; Appointment; Terms of Office; Health Officer, Ex-officio Member—There is hereby established for the City of Houston, Harris County, Texas, a Board of Health to consist of five representative physicians and one layman. No salary or other compensation shall be paid to members of said board. Four members shall constitute a quorum, but a less number may adjourn from time to time, of the City of Houston 157 such adjourned meetings to have the same character as the original meeting would have had had it been held. Members of the said board shall be appointed by the Mayor, subject to con- firmation by the City Commissioners, and shall hold office for the term of two years, provided, that after the passage of this ordinance, three members shall be appointed for one year, the other three for two years, as vacancies occur. Vacancies occurring in the board shall be filled by the Mayor for the unexpired term. The City Health Officer shall be ex-officio a member of the Board of Health with the same privileges as other members. (Jan. 26, 1914; Ord. Bk. 4, pp. 41 et seq., Sec. 1, Par. 1.) Sec. 389. Meetings; Power to Make Orders at; Measures Preventing Spread Contagious Diseases; No Power to Create Liability Against City; Health Officer to Enforce Orders— . Said board shall hold at least one regular meeting each month, at such time and place as they may decide, and shall from time to time hold such special meetings as they may deem necessary and shall have power at such meetings to make all orders as they deem necessary for the maintenance of the public health, for cleansing or discontinuance of all groceries, breweries, cel- lars, factories, tanneries, stables, barns, privies, vaults, cess- pools, sewers, wells, slaughter houses, butcher shops, rendering and boiling establishments, pig pens, and all other nauseous or offensive buildings and structures, and the suppression and abatement of all nuisances, whether upon public grounds or private premises, affecting or endangering, in the opinion of the said board, the public health; take all necessary measures to prevent the spread of contagious diseases by requiring any and all persons to be vaccinated, by the fumigation or destruc- tion of infected buildings, and by the destruction of infected bedding and clothing. Provided, that no debt or liability against the city shall be incurred by said Board of Health unless the same be expressly authorized by the Mayor and Commissioners, by ordinance duly passed for that purpose. All orders of said board shall be executed and. enforced by the City Health Officer in per- son or in his name, or under his authority, by any patrolman or policeman of the city or by the sanitary inspectors. (Id., Sec. 1, Par. 2.) Sec. 390. City Secretary or Deputy to Keep Records, Etc.; Board to Elect President and Vice-President—The City Secretary, or his deputy, shall be secretary of the Board of 158 Revised Code of Ordinances Health, and shall keep a full record of all acts, orders, resolu- tions, rules, regulations and proceedings of said board. The board shall at its first meeting, after the first of May in each year, elect from their number a president and vice-president, who shall hold office for the period of one year, or until their successors are elected and installed. (Id., Sec. 1, Par. 3.) Sec. 391. Committee on Public Charities; Rules and Regulations of; Monthly Report by Institutions Rendering Services—The president and two members of said Board of Health shall act as a Committee of Public Charities, and said committee shall prescribe such rules and regulations as they may deem proper, subject to the approval of the Mayor and Commissioners concerning the admission and care of patients to be maintained by city appropriations in the charitable in- stitutions of the city. And said committee shall require of all institutions receiving city appropriations a monthly report setting out the services rendered to said city patients. (ld., Sec. 1, Par. 4.) Sec. 392. Orders. of, Executed by Health Officer and As- sistants—The Health Officer of the city and his assistants shall execute the orders of the Board of Health, and the Health Offi- cer shall be ex-officio a member of the board. (Id., Sec. 1, Pare Sec. 393. Shall Make Orders and Regulations for Gov- ernment of—The Board of Health shall make such orders and regulations as it may deem necessary for its own government. (ids Sec. hl = Par Ge) Sec. 394. President Shall Appoint Standing Committees— The president shall appoint such standing committees as the needs may require. (Id., Sec. 1, Par. 7.) Sec. 395. Specific Duties of—The specific duties of the Board of Health shall be: (a) The prevention and abatement or suppression of nuisances. (b) Supervision of the collection and disposal of garbage and rubbish, and shall enforce the city ordinances concerning the collection and disposal of night soil. (c) Control of contagious and communicable diseases. (d) Preservation and classification of vital statistics. (e) The supervision of the water and food supply of the city. (Id., Sec. 1, Par. 8.) of the City of Houston 159 ARTICLE 3. HEALTH OFFICER. Sec. 396. Executive Officer, Etc.; Duties—Subject to the approval of the City Council and the Board of Health, the Health Officer, as executive officer of the board, shall enforce the rules and regulations of the local and State Boards of Health. He shall supervise the work in each branch of the Department to the end of securing the best public service. He shall, personally, visit the market house and private markets, stock yards, slaughter houses, restaurants, bakeries, etc., to keep in touch with actual conditions, that he may better direct the work of the inspectors. He shall exact a daily report from each official of all work done outside of the office. He shall make special investigations as to the general sanitary condi- tions, and he shall report to the Mayor and the Board of Health in July and January upon such investigations, the same to in- clude housing of the poor, offensive trades, pollutions of streams, and like matters of sanitary interest. He shall insti- tute prosecutions under direction of the City Attorney for violation of any provision of the sanitary code of the State of Texas or of the City of Houston. (Jan. 26, 1914; Ord. Bk. 4, pp. 41 et seq., Sec. 2, Par. a.) Sec. 397. Supervisor of Laboratory and Office Work—He shall have supervision of the laboratory and office work. (ld., sec, 2>Par..b.)<- Sec. 398. Harris County Tuberculosis Assn., Etc.—He shall obtain and keep on file monthly reports from the Harris County Tuberculosis Association, and all other‘charitable insti- tutions within the city, from the crematory contractor or oper- ator, from the Supervisor of Hygiene of Schools, and he shall embody the material portions of all reports in his monthly re- port to the board. (Id., Sec. 2, Par. c.) Sec. 399. Dairies, Etc., Power to Grant or Refuse Per- mits for—dHe shall, subject to the approval of the City Coun- cil, grant or refuse to grant permits to establish or conduct dairies, restaurants, bakeries, meat shops, or any other busi- ness involving the preparation or sale of food. (Id., Sec. 2, Par. d.) Sec. 400. Nuisances, Duties and Powers With Reference to—He shall, whenever it is ascertained that any nuisance or other condition detrimental to the public health exists on any = 160 Revised Code of Ordinances premises, or in any building or other place, serve written no- tice upon the owner, occupant, or other person in charge of such premises, building or other place, to abate or remove said nuisance or condition within a reasonable time, such time to be stated in said notice, and, upon refusal or neglect to obey orders, he shall take such steps as shall be provided in this © Code to secure the enforcement of the order. (Id., Sec. 2, Par. e.) Sec. 401. Permits, Shall Revoke When—The Health Of- ficer shall, at the direction of the Board of Health, or the Mayor, revoke any permit to any person who has failed or re- fused to comply with the requirements of the provisions of the sections relating to the performance of the act for which the permit was issued. (lId., Sec. 2, Par. f.) Sec. 402. Record Inspections and Analyses—The Health Officer shall keep and file suitable records of all inspections and analyses provided for in this chapter. (Id., Sec. 2, Par. g.) Sec. 403. Hospitals, Etc., Shall Visit; Duties With Ref- erence Thereto—The Health Officer shall visit all public wards of the hospitals in the city at least once in each month and oftener if necessary, and he shall note in each: Over- crowding, food, cleanliness, ventilation and attention, and he shall record, report and file such notes. He shall visit the eruptive (isolation) hospital at least once in each month, or as often as shall be necessary, and he shall record, report and file his notes of each visit. (Id., Sec. 2, Par. h.) Sec. 404, Reports to Board of Health—The Health Officer shall make monthly report to the Board of Health of all work done by the Health Department. (lId., Sec. 2, Par. i.) Sec. 405. General Duties—The Health Officer shall per- form all other acts necessary to the proper enforcement of the several sections of this chapter. (Id., Sec. 2, Par. j.) Sec. 406. Vaccine, Anti-Toxins and Serums; Vaccina- tion and Administration—He shall keep on hand at all times a sufficient quantity of good vaccine matter, and vaccinate all individuals presenting themselves for the purpose, and also — keep on hand a sufficient supply of anti-toxins and serums as have proven efficacious in treatment, as his judgment, or the judgment of the Board of Health, shall determine to be ad- visable, and shall administer the same when necessary, free of charge. All such vaccines, anti-toxins and serums to be pur- chased at the cost of the city. (l1d., Sec. 2, Par. k.) we of the City of Houston 161 ARTICLE 4. CiTy CHEMIST AND BACTERIOLOGIST, ETC. Sec. 407. City Chemist and Bacteriologist—(a) The City Bacteriologist and Chemist shall make such bacteriological and chemical examinations as may be directed by the Mayor, City Health Officer or City Board of Health. These shall in- clude examinations for diphtheria, typhoid fever, tuberculosis, meningitis, and such other contagious diseases, and shall exam- ine the water supply, milk and ice cream, meat, fish and other foods of the city as directed. (b) He shall be furnished with a well equipped laboratory at the cost of the city. (Jan. 26, 1914; Ord. Bk. 4, p. 41 et seq., Sec. 2, Par. 2.) Sec. 408. The Harris County Tuberculosis Society—The Harris County Tuberculosis Society shall make monthly re- ports to the Health Officer of work done within the city. (ld., Sec. 2, Par. 3.) Sec. 409. The Supervisor of Hygiene of Schools—The Supervisor of Hygiene of Schools shall make monthly rboTs to the Health Officer. (ids Sec;. 2, :Par.-4,) ARTICLE 5. NUISANCES. Sec. 410. General Definition—Whatever is dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, is hereby declared to be a nuisance, and the following specific acts, con- ditions and things are, each and all of them, hereby prohibited and made unlawful. (Jan. 26, 1913; Ord. Bk. 4, pp. 41 et seq., Sec. 3.) Sec. 411. Specific Nuisances; Foul, Decaying or Putre-. scent Substances, Etc.; Overflow from Foul Liquids; Escape of Gases—The deposit or accumulation of any foul, decaying or putrescent substance or other offensive matter, in or upon any lot, street or highway, or in or upon any public or private place; the overflow of any foul liquids, or the escape of any gases to such an extent that the same, or any one of them, shall become, or be likely to become, hazardous to health; or that the same shall, by reason of offensive odors, become a source of discomfort to persons living or passing in the vicinity thereof. (lId., Sec. 3, Par. 1.) 162 Revised Code of Ordinances Sec. 412. Specific Nuisances; Polluted Wells, Etc.—A pol- luted well, or cistern, spring or stream, or the pollution of any body of water used for drinking purposes. (Id., Sec. 3, Par. 2.) Sec. 413. Specific Nuisances; Privy Vaults, Etc.—The maintenance of any privy vault or cesspool, except as provided in this chapter. (ld., Sec. 3, Par. 3.) Sec. 414. Specific Nuisances; Buildings or Rooms; Un- cleanliness or Crowding; Cubic Feet of Air—Keeping any building or room in such a state of uncleanliness or the crowd- ing of persons in any building or room in such a manner as to endanger the health of the persons dwelling therein, or so that there shall be less than four hundred (400) cubic feet of air to each adult, and one hundred and fifty (150) cubic feet of air to each child under twelve years of age occupying such building or room. (Id., Sec. 3, Par. 4.) Sec. 415. Specific Nuisances; Cellars as Sleeping Rooms—aAllowing cellars to be used as sleeping rooms. (ld., Sec. 3, Par. 5.) Sec. 416. Specific Nuisances; Buildings, Etc., as Dwell- ings, Not Lighted, Etc., by One Window; Not Supplied Pure Water—A building or portion of a building occupied as a dwelling which is not lighted and ventilated by means of at least one window in each room, said window opening to the outer air; which is not provided with a plentiful supply of pure water. (Id., Sec. 3, Par. 6.) Sec. 417. Specific Nuisances; Accumulation Manure— The accumulation of manure, unless it be a properly con- structed pit or receptacle. (Id., Sec. 3, Par. 7.) Sec. 418. Specific Nuisances; Accumulation Water, Breeding Mosquitoes—The accumulation of water in which mosquito larvae breed. (Id., Sec. 3, Par. 8.) Sec. 419. Specific Nuisances; Roller Towels in Public Places Used More Than One—The maintenance, in a public place, of a roller towel for the use of more than one person. (Id., Sec. 3, Par. 9.) Sec. 420. Specific Nuisances; Slopping, Etc., Cattle, Etc., on Distillery Swill, in Sanitary Limits Unless—The slopping or feeding of cattle or other animals on distillery swill, within the sanitary limits of the city, unless the enclosure wherein such slopping or feeding is done be provided with means*for of the City of Houston 163 preventing and removing the unsanitary conditions associated with such slopping or feeding. (ld., Sec. 3, Par. 10.) Sec. 421. Specific Nuisances; Penalties—Any person, firm, corporation or agent who causes, suffers or permits any nuisance as defined in the next preceding ten sections shall be deemed guilty of an offense, and shall, upon conviction, be fined not less than Ten Dollars ($10.00) nor more than One Hun- dred Dollars ($100.00), and each day’s continuance of any such nuisance or condition shall be a separate offense. Sec. 422. Burials in Potter’s Field Prohibited—The burial of dead bodies in what is known as the “Potter’s Field,” in the City of Houston, Harris County, Texas, is hereby de- clared a nuisance, and unlawful, and any and all persons, firms, associations of persons, private and municipal corporations, _ are prohibited from burying dead bodies in said ‘“Potter’s Field.” Sec. 423. Penalty—Any person, firm, association of per- sons, private or municipal corporations violating the next preceding section shall, upon conviction, be fined in any sum not less than Fifty Dollars ($50.00) and not exceeding Two Hundred Dollars ($200.00). Sec. 424. Stagnant Water, Standing, Etc.; Penalty—aAll owners of yards, lots, blocks or other grounds within the City of Houston, and all persons renting or leasing any lots; yards, blocks or other grounds within the City, are forbidden to suf- fer stagnant water to stand or remain on any of said prem- ises, and it shall be unlawful to allow water to accumulate and remain standing upon said premises for a longer period than three (3) days, unless the same shall be treated with crude carbolic acid in the proportion of one pint to the barrel, or petroleum or other germicide approved by the Health Officer of the City of Houston. Any person violating any of the provisions of this section shall, upon conviction, be fined not less than Five Dollars ($5.00) nor more than Twenty Dollars ($20.00) for each of- fense, and each day any person suffers water to stand upon said premises contrary to the provisions of this section shall constitute a separate offense. (Amendment Art. 394, Aug. 9, 1905; Ord. Bk. 2, p. 229, Sec. 1.) Sec. 425. Screening, Etc., of Cisterns, Etc.; Penalty— That it shall be unlawful to own, use, keep or maintain, in the City of Houston, any cistern or other receptacle for the 164 Revised Code of Ordinances storing of or that contains water, or in which water is kept for more than three days, without having the top of such cis- tern or other receptacle closed over securely by a cover of wood or other durable material, or by a wire screen or wire gauze.or cloth netting, or by both, such cover and wire screen or wire gauze and cloth netting so constructed and adjusted as to prevent any mosquitoes from entering into or having access to the water in such cistern or other receptacle, or from coming in contact with the water therein. Any person or per- sons who shall use, keep or maintain any cistern or other re- ceptacle for the storing of, or that contains water, or in which water is kept for more than three days, within the City of Houston, without having the same covered or screened, as herein provided, shall, upon conviction, be fined not exceeding Ten Dollars ($10.00) for each violation thereof, and every day that such cistern or other receptacle shall remain without such covering or screening shall constitute a separate offense. (July 31, 1905; Ord. Bk. 2, p. 228, Sec. 1.) Sec. 426. Construction Preceding Section—Nothing in the preceding section shall be construed to require the cover- ing over and screening of cisterns or other receptacles contain- ing water kept for fire extinguishing purposes, provided, the water therein contained shall be mixed with crude carbolic acid in the proportion of one pint to the barrel, or other germ- icide approved by the Health Physician of Houston, so as to prevent the breeding of mosquitoes in said water. Nor shall such section be construed to require the covering over or screening of fish tanks or other vessels containing water used for the keeping of fish, provided, the water in such tanks or other vessels shall be supplied with small fish in sufficient numbers to devour or destroy all the eggs and larvae of the mosquitoes. Nor shall such section be construed to require the covering over or screening of fountains, stock troughs or other vessels kept for animals to drink out of, provided, said troughs or other vessels are emptied and cleaned at least once in three days, or the water therein is kept supplied with small fish in sufficient numbers to devour or destroy mosquito eggs or larvae therein. (Id., Sec. 2.) : Sec. 427. Owners of Lots, Etc., Must Have Grass and Weeds Cut; Penalty—It shall be the duty of every owner or occupant of any lot or parcel of ground within the limits of the city to keep the same free of and clear from weeds and tall grass, and also to keep the sidewalks in front of and around the same free and clear from weeds and tall grass from the of the City of Houston 165 line of said lot or parcel of ground to the established curb line next adjacent thereto, and any person who shall fail or neglect to comply with the provisions of this section within twenty- four hours after being notified to do so by the Mayor, Health Officer, any Health Inspector, Chief of Police, or any police- man, either in person or by postal card, shall be punished by a fine of not less than ten nor more than one hundred dollars, and each day’s delay after such notice shall have been given shall be deemed a separate offense. (Code 1904, Art. 380.) Sec. 428. Duty of Health Officer to Have Weeds, Etc., Destroyed; Disposition of Fines—lIt shall be the duty of the Health Officer to cause to be cut down all weeds and other annual growth in the streets, ditches and street crossings with- in the limits of the city, and to have such weeds and annual growth gathered together and burned as soon as the same can be burned. (lId., Art. 381.) Sec. 429. Spitting on Sidewalks, Etc., Prohibited—The spitting upon sidewalks, cross walks, the floors of churches, public halls, theatres, street cars or other public places, is hereby declared a nuisance. Provided, the spitting in and upon the streets is not hereby included in the words ‘‘other public places,” but only “other public places” of the character specifically enumerated. (Id., Art. 387.) Sec. 430. Penalty—Any one violating any of the provi- sions of the next preceding section shall, upon conviction, be fined not less than one nor more than one hundred dollars for each and every such violation. (Id., Art. 389.) ARTICLE 6. STABLES. Sec. 431. Screened Receptacle to Be Maintained, Etc., Into Which Manure Must Be Placed—Every person, firm, — corporation or agent, owning or leasing any stable or other building where any horse, mule or any cattle are kept, shall maintain a substantial and sufficient receptacle which must be so constructed and kept as to protect the contents from rain, and to be so screened as to prevent access to flies, and all manure from such horse, mule or cattle must be placed in such receptacle. (Jan. 26, 1914; Ord. Bk. 4, pp..41 et seq., pec. 4, Par. 1.)_ Sec. 432. Removal Manure From, Where More Than Six Head, How Often, Etc.; Manure Shall Not Be Thrown in AIl- 1& 166 Revised Code of Ordinances ley, Etc.—All persons owning or leasing any stable where more than six head of horses, mules or cattle are kept shall have all manure from such animals removed from their prem- ises twice in each week, from the first of May to the thirtieth of September, and at no time shall the same be allowed to ac- cumulate in such a manner as to be a nuisance. In no event or circumstance shall any manure be thrown or deposited in any alley, street or public place, or suffered to remain in such places. (Id., Sec. 4, Par. 2.) Sec. 433. Shall Be Kept in Clean Condition—Every owner or lessee of any stable shall at all times keep or cause to be kept, the building and premises in a clean and sanitary condi- tion. “-(idisiséee.4bares.) Sec. 434. In Hauling Manure Shall Not Allow Litter Streets—-No person hauling manure through the streets shall permit the same to litter the streets. (Id., Sec. 4, Par. 4.) Sec. 435. Penalty—Any person, firm, corporation or agent violating any of the next four preceding sections shall upon conviction be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), and each day’s continu- ance of any such nuisance or condition shall be a separate of- fense. (Id., Sec. 4, Par. 5.) ARTICLE? BARBER SHOPS. Sec. 436. Regulations Governing; Copy This Section to Be Posted in—Every barber’s shop within*the City of Houston shall be open to this board for inspection at any time, and the following rules shall be observed therein: (a) All barber shops, together with all furniture, shall be kept in a clean and sanitary condition. (b) Mugs, razors, scissors, clipping machines, pincers, needles and other instruments shall be sterilized in such man- ner as may be required by the Health Officer, after each sep- arate use. Combs, brushes and shaving brushes shall be steril- ized as may be required by the Health Officer, all hot towels used in shaving shall be first thoroughly sterilized before using. (c) Clean towels shall be used for each person. (d) All material used to stop the flow of blood shall be applied on a clean towel, or other clean cloth. of the City of Houston’ 167 -(e) The use of powder puffs and sponges is prohibited, except that a sponge or puff owned by a customer may be used on him. (f) Every barber shall thoroughly cleanse his hands im- mediately before serving each customer. } (g) Every barber’s shop shall be well ventilated and pro- vided with hot and cold water. | (h) No barber’s shop shall be used as a sleeping room. No person shall be employed or shall operate as a barber who has any communicable disease. (i) shall be unlawful: First District: A territory four miles square to be run with the cardinal points of the compass of which the Court House in the City of Houston shall be the center. Second District: Beginning on the north line of the San Felipe Road at the southehLst corner of the Laurel Park Ad- dition to the City of Houston where the west line of the First stock district above described crosses said road; running thence with the north line of said San Felipe Road west to the turn thereof; thence south to the next turn of said road, and thence west again to the southeast corner of Lot 13 out of Large Lot 48 of the Obedience Smith Survey, and due north on the west line of the “Etta” or “Harlow” school; thence due south passing the said school house crossing the Westheimer of the City of Houston 285 Road on the western boundary of Hyde Park Heights Addition ; thence following said line in the same direction to the right of way of the San Antonio & Aransas Pass Railroad; thence with the said right of way to the southwest corner of the First stock district as defined above; thence due north to the place of beginning following the west line of the First stock district. (Amendment Art. 790, April 1, 1914, Ord. Bk. 4, p. —, Sec. 1.) j Sec. 859. Definition “to Run at Large,’’ Etc.—The term “to run at large” or “running at large’ as used in this code of ordinances includes any animal whatsoever which may be staked, tied or hobbled in any manner within the limits de- fined, in such manner as to allow such animals to go or get upon the adjacent sidewalk or, when not in use, upon the street. (July 24, 1905, Ord. Bk. 2, p. 222, Sec. 1, Amendment Art. 691.) Sec. 860. Public Pound; Chief of Police Shall Establish— It shall be the duty of the Chief of Police to establish a public pound in the city, at such place as may be designated by the City Council, where all animals of the above description found running at large in violation of the above two preceding sec- tions shall be received and taken care of. It shall be the duty of the Chief of Police to cause all horses, mules, jacks, jennets, cattle, sheep, goats, hogs and geese found running at large within the limits mentioned in Section 858 contrary to the provisions of the two preceding sections to be gathered and impounded in the public pound, and the Chief of Police shall sell the same at public auction for cash, first giving five days’ notice of the time, terms and place of sale, in some daily newspaper published in the City of Houston, and by notice placed at the court house door of Harris County, describing the animal impounded, and that a fee of fifty cents shall be charged for each animal impounded, and all fees collected shall be re- mitted to the City Assessor and Collector, or to the City Treas- urer, as may be provided by ordinance, provided that as to goats and hogs the Chief of Police may proceed as provided in Sections 855 and 856. (Code 1904, Art. 792.) Sec. 861. Method of Redeeming Impounded Animals— The owner of any animal or animals impounded, as provided for in the preceding section, may redeem the same as follows: 1. Before Sold——-By paying seventy-five cents for taking up and keeping, and the officer’s fee of fifty cents for im- 286 Revised Code of Ordinances pounding the same, together with the cost of advertising, if any. ‘ 2. After Sold—By paying to the purchaser double the amount bid by him for such animal or animals, and his rea- sonable expenses for keeping the same; provided the owner redeems said animal, as herein provided, within thirty days after the date of sale, otherwise said animal to become the absolute property of the purchaser. (ld., Art. 793.) Sec. 862. If Not Sold, Shall Be Killed—If at the time of the sale no purchaser can be found for any of the animals impounded under the provisions of the preceding sections, the Chief of Police shall kill all such animals, or cause them to be killed, and shall deposit the carcasses in such place as may be designated for such matter. (ld., Art. 794.) Sec. 863. Exemptions—This chapter shall not be so con- strued as to prevent any person or persons from bringing or driving any of the animals hereinbefore mentioned into the city for sale, the same being under the immediate charge of themselves or their agents, nor shall it be so construed as to interfere with parties in transit through the city with any of said animals. Milch cows in charge of any person going to or coming from pasture shall also be exempt from the opera- tions of this chapter. (Id., Art. 795.) Sec. 864. Only Policemen Shall Impound; Penalty for Driving Within Area, Etc.—It shall not be lawful for any person other than a duly appointed and qualified policeman of the City of Houston, the Chief of Police of said city, or his deputy, to engage in the catching or impounding of ani- mals, nor shall any reward be given for such catching or im- pounding, and any person detected in driving any of said animals into said prescribed area other than as hereinbefore authorized, and any officer authorized to catch and impound said animals detected in offering a reward of any kind what- soever to any person or persons to catch or impound said animals, or a reward to drive them within the prescribed lim- its, shall be deemed guilty of an offense, and upon trial and conviction shall be fined in a sum not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00), for each and every offense. (Id., Art. 796.) Sec. 865. Proceeds of Sale of Stock—Any money received into the City Treasury from the net proceeds of the sale of impounded stock shall be paid to the owner thereof. (Id., Art. 818.) | of the City of Houston 287 Sec. 866. Pigeons—It shall be unlawful for any person to keep or maintain any pigeon house, or place to keep pigeons, or to keep or maintain pigeons for breeding or other purposes; and any person violating this section must be fined not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00). (Id., Art. 819.) Sec. 867. Certain Fowls Not to Run at Large; Penalty— That it shall be unlawful for the owner or keeper of any geese, ducks, turkeys, chickens or other domestic fowls to permit same to run at large in the streets and highways of the City of Houston, and any owner or keeper of any geese, ducks, turkeys, chickens or other domestic fowls, who shall permit same to run at large in violation of this section to the inconvenience or annoyance of persons residing in the neigh- borhood, shall be deemed guilty of a misdemeanor and upon conviction thereof in the Corporation Court shall be fined in any sum not less than One Dollar ($1.00) nor more than Fifty Dollars ($50.00). (May 15, 1911, Ord. Bk. 3, p. 30, Sec. 1.) Sec. 868. Unlawful to Display Live Stock on Streets for Sale—It shall be unlawful for any person or persons to use any street or streets of the City of Houston as a place on which to display horses or other live stock for sale, or to sell the same on said street or. streets in any manner that will create an annoyance, or which will create any inconvenience or nuisance to the public in the free and uninterrupted use of said street or streets. (Code 1904, Art. 797.) Sec. 868a. Penalty—Any person who shall be guilty of violating the above section shall, upon conviction before the Recorder of the City of Houston, be fined in any sum not less than Twenty-five Dollars ($25.00) nor more than One Hun- dred Dollars ($100.00), and each violation shall be deemed a separate offense. (Id., Art. 798.) Sec.. 869. Unlawful for Stabled Animals to Make Dis- turbance; Penalty—That any person who shall stable or keep a horse or horses, mule or mules, or any other animal in the city limits, in such a manner that said animal, by stamping or kicking, creates such a noise as shall be a disturbance to those living in the vicinity, shall be deemed guilty of a mis- demeanor, and, upon conviction before the Corporation Court, shall be fined in any sum not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 799.) 288 Revised Code of Ordinances Sec. 870. Wounded Animals to Be Killed—That when from. any cause it may happen that any horse, mule, cow, calf, steer, goat, sheep, dog or other domestic animal within the edrporate limits of the City of Houston shall be so wounded, maimed or injured as to render its recovery hopeless, then and in that event it shall become the duty of the Chief of Police to kill or destroy, or cause to be killed or destroyed, such animal so injured, and as soon after such injury as prac- _ticable, and in such manner as in his judgment shall be the least painful, and to cause the carcass thereof to be removed to such place as may be set apart for such matter. (ld., Art. 805.) Sec. 871. Chief of Police to Report Animals Killed— When it occurs that the Chief of Police shall kill or cause to be killed any animal named in Section 870, by authority of said article, it shall become his duty to at once file with the City Secretary a report in writing of such killing, and said report shall show: First—A description of the animal killed, and the name of the owner thereof, if known. Second—The injury which made the killing necessary, and how same was inflicted, and by whom, if known. , Third—The names of at least two reliable witnesses, who are conversant with the facts of the injury and the killing. - (Id., Art. 806.) Sec. 872. Using Animals or Vehicles Without Consent of Owner, Etc.—Any person who takes or uses temporarily any™ animal or any vehicle for the transportation of things or per- sons, owned or controlled by another, without the consent or assent of such owner or person having the control thereof; or any servant or other person while in charge of such animal who rides, drives or makes improper use of the same contrary to the will or wishes of the owner or person having the cus- tody or control thereof, must be fined not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 807.) of the City of Houston 289 SS $$ eeeeeeeeEeeeeSSSSSSSSSSSSSseF CHAPTER 30. PUBLIC POLICY. Sec. 873. Enticing Any Person to Bet or Wager—Any person or persons who shall entice or persuade any person or persons to bet or wager money or any valuables on any game of chance played with cards, or other device, of whatsoever kind, or to bet on any device of whatsoever kind any money or other valuables, or who shall entice or persuade any person or persons to go into any saloon, building, room, or any other place of whatsoever character, in order to have such person or persons bet or wager money or any valuables on any game | of chance, played with cards, or other device, of whatsoever kind, or to bet or wager on any such device any money or other valuable, shall be deemed guilty of misdemeanor, and shall be fined in any sum not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00). (Code 1904, Art. 598.) Sec. 874. Gaming With Cards—If any person shall play at any game with cards, at any house for retailing spirituous liquors, store house, inn, tavern, or other public house, or in any street, highway or other public place, or in any out-house where people resort, he shall be fined not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00). (Id., Art. 899.) Sec. 875. What Places Are and Are Not Included in Pre- ceding Article—All houses commonly known as public, and all gaming houses are included within the meaning of the preceding section. Any room attached to such public house and commonly used for gaming, is also included, whether the same be kept closed or open. A private room of an inn or tavern is not within the meaning of public places, unless such room is commonly used for gaming; nor is a private business office nor a private residence to be construed as within the meaning of a public house or place; provided, said private residence shall not be a house for retailing spirituous liquors. (Id., Art. 600.) Sec. 876. What It is Not Necessary to Prove—In prosecu- tions under the two preceding sections, it shall not be neces- sary to prove that any money or article of value, or the repre- 290 Revised Code of Ordinances sentative of either, was bet at such game. The offense is com- plete without such proof. (Id., Art. 601.) Sec. 877. ‘Policy’? Game—That it is hereby declared un- lawful and a nuisance for any person to keep,. exhibit or use, for the purpose of playing the game known as policy, any wheel, machine or device used for said purpose. (Id., Art.601.) Sec. 878. Chief of Police to Take Charge of Device— That upon complaint being made that any person is keeping, using or exhibiting any such wheel, machine or device for such purpose, the Judge of the Corporation Court is hereby ordered to issue his warrant, directed to the Chief of Police or any police officer, commanding them to take such wheel, machine or device into their possession and keep the same, to be dealt with according to law; said Judge shall, at the same time, issue a notice addressed to such person or persons as may be alleged to keep the same, commanding them to appear before him at some reasonable time to answer such complaint. Upon the hearing of such complaint, if it be found that such machine, wheel or device was kept by such party for such purpose, the Judge shall thereupon order said wheel, machine or device to be destroyed by the Chief of Police. (Id., Art. 605.) Sec. 879. Purchase of Tickets Unlawful—lIt shall be un- lawful for any person to purchase or receive, for the purpose of playing at said game of policy, for himself or another, any ticket, card or other evidence of a chance or right to partici- pate in any drawing or any such game known as policy. (Id., Art. 606.) | Sec. 880. Unlawful to Rent Building, or Permit It to Be Used for Exhibiting a Policy Wheel—lIt shall be unlawful for any person, either as landlord or agent, to rent or permit to be used any house, structure or tenement or property what- ever for the purpose of carrying on or allowing to be carried on the game known as policy therein or thereupon. (Id., Art. 607.) Sec. 881. Penalty—Any person who shall violate either of Sections 877, 879 or 880, shall be fined in a sum not less than One Dollar, nor more than Fifty Dollars. (Id., Art. 608.) Sec. 882. Witness May Be Compelled to Testify, but Shall Not Be Liable to Prosecution; Conviction on Unsupported Evidence—Any tribunal having jurisdiction of the offenses enumerated in this chapter may subpoena persons and compel their attendance as witnesses to testify as to violations of any of the City of Houston , 291 of the provisions of this chapter. Any person so summoned and examined shall not be liable to prosecution for any viola- tion of the provisions of this chapter about which he may tes- tify, and for any offense against the provisions against gaming herein contained, a conviction may be had upon the unsup- ported evidence of an accomplice or SE ME Char oeArt: 616.) Sec. 883. Pool Rooms; Places for Receiving or Telegraph- ing Bets, Etc.; Penalty—That it shall be unlawful for any per- son, firm or corporation to keep, maintain, operate or conduct any place, either for themselves or as agent for another, in the City of Houston in which the business of receiving or tele- graphing offers to bet, or of transmitting money to any race track or other place, there to be placed or bet on any horse race, either within or without this State, is permitted or car- ried on, and any person, firm or corporation so doing shall be guilty of an offense, and on conviction in the Corporation Court shall be punished by a fine in any sum not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) for each offense, and it shall be a separate offense for each day that said place is kept. Any place maintained, operated or conducted for any of the purposes above declared unlawful, or for all of said purposes, is a “pool room” within the meaning of the term as used in this chapter, and the maintenance of such place is declared un- lawful and Sea (April 18, 1908; Ord. Bk. 2, p. 470, Sec. 1.) Sec. 884. Persons Not to Loiter, Etc., in, Etc., Pool Rooms; Penalty—That it shall be unlawful for any person or persons to loiter or congregate in or about any place kept or main- tained in the City of Houston for the purposes defined in the preceding section, and any person so doing shall be guilty of an offense, and on conviction thereof in the Corporation Court shall be punished by a fine in any sum not less than Ten Dol- lars ($10.00) nor more than One Hundred Dollars ($100.00) for each offense. (ld., Sec. 2.) Sec. 885. Assisting in Doing Things Done by Pool Rooms; Penalty—That it shall be unlawful for any person to be en- gaged in or to assist in or in any way to be concerned in the carrying on of the business of receiving or telegraphing offers to bet or of transmitting money to any race track or other place, there to be placed or bet on any horse race, either within or without this State, and any person guilty of such offense 292 Revised Code of Ordinances shall on conviction thereof in the Corporation Court be pun- ished for each offense by a fine of not less than Twenty-five Dollars ($25.00) nor’ more than Two Hundred Dollars ($200.00). (Id., Sec. 3.) Sec. 886. Unlawful to Furnish, Etc., to Owners, Etc., Pool Rooms, Messages, Etc.; Penalty—That it shall be unlawful for any telegraph, telephone or messenger company, or any officer, agent, messenger or employee thereof, to furnish, deliver or communicate to any owner, proprietor, agent or employee of any such place or establishment as is defined in Section 883, maintained, kept, operated or conducted in the City of Houston for any of the purposes defined in Section 883, any message, communication or information to be used at such place or es- tablishment as is defined in Section 883, concerning any horse race or races, either in or out of the State of Texas; and any company, person, firm or corporation that shall violate any provision of this section shall on conviction be fined in any sum not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each offense, and each mes- sage or communication so furnished or delivered or communi- cated shall constitute a separate offense. (Id., Sec. 4.) Sec. 887. Telegraph, Etc., Wires or Instruments in Pool Rooms; Penalty—If any telegraph or telephone company, or any agent thereof, shall knowingly permit any telegraph or telephone wire or instrument to remain in any pool room as heretofore defmed, or shall knowingly permit any of the wires, instruments or equipments of such telegraph or telephone com- pany to be used by any person engaged in the business ren- dered unlawful by this chapter, whether or not the same be leased by the person or persons so illegally using the same, such company or agent, or both, shall be fined not:less than Twenty-five Dollars ($25.00) or more than Two Hundred Dol- lars ($200.00) for each offense, and each day this section is violated shall constitute a separate offense. (Id., Sec. 5.) Sec. 888. Telegraph, Etc., Messages to Pool Establish- ments Forbidden; Penalty—That it shall be unlawful for any telegraph, telephone or messenger company, or any officer, agent, messenger or employee thereof, to furnish, deliver or communicate to any owner, agent or employee of any pool es- tablishment as above described, maintained, kept, operated or conducted in the City of Houston, any message, communica- tion or information to be used at such place or establishment, concerning any horse race or races, either in or out of the of the City of Houston 293 State of Texas; and any company, person, firm or corporation that shall violate any provision of this section shall, on con- viction, be fined in any sum not less than Twenty-five Dol- lars ($25.00) nor more than One Hundred Dollars ($100.00) for each offense, and each message or communication so fur- nished or delivered or communicated shall constitute a sepa- rate offense. (April 16, 1908; Ord. Bk. 2, p. 471, Sec. 1.) Sec. 889. Telegraph, Etc., Wires to Pool Establishments Forbidden; Penalty—If any telegraph or telephone company, or any agent thereof, shall knowingly permit any telegraph or telephone wire or instrument in any pool establishment as heretofore defined, or shall knowingly permit any of the wires, instruments or equipments of such telegraph or telephone company to be used by any person engaged in the unlawful business hereinbefore described, whether or not the same is leased by the person or persons so illegally using the same, such company or agents, or both, shall be fined not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) for each offense, and each day this section is violated shall constitute a separate offense. (lId., Sec. 2.) Sec. 890. Unlawful to Bet on Horse Races, Except; Pen- alty—That it shall be unlawful for any person to offer to bet or to tender a bet in the City of Houston on any horse race, except on the day and within the inclosure where such race is run, whether such horse race is had in this or any other State, and any person so doing contrary to the terms of this section shall be guilty of an offense, and on conviction thereof in the” Corporation Court shall be fined in any sum not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dol- lars ($100.00) for each offense, and it shall be a separate of- fense for each time such person offers to bet or tenders a bet. (April 13, 1908; Ord. Bk. 2, p. 470, Sec. 1.) Sec. 891. State Convicts Shall Not Be Employed on Pub- lic Work—No State convicts shall be allowed or permitted to work or be employed in any public place within the city limits; and any person, contractor, sergeant or guard who shall em- ploy or work any State convicts within the city limits, or who shall guard State convicts employed within said city limits, shall be fined not less than Five nor more than One Hundred Dollars. (Code 1904, Art. 625.) Sec. 892. Bringing Paupers Into the City—Any person who knowingly brings or causes to be brought into the city any person having no means of support, and who is unable or 26 294 Revised Code of Ordinances unwilling to work, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 624.) Sec. 893. Indigent Persons Not to Be Brought Into City by Carriers—That it shall be unlawful for any common car- rier by rail, water or otherwise, to bring into, or cause to be brought into, the City of Houston any indigent person from any other State than Texas, or from any county in Texas, other than Harris County, Texas, and that the failure of any com- mon carrier, by rail, water or otherwise, their agents or em- ployees, to make proper and diligent inquiry of any indigent person before carrying him or her from any other place, State or county outside of Harris County, to said city, shall consti- tute guilty knowledge and shall be prima facie evidence of a violation hereof; provided, that this section shall not apply to passengers passing through the City of Houston to other States or to other counties within the State of Texas. (Sept. 2, 1912; Ord=Bke-3;/p2136,> Sec. 1.) Sec. 894. Definition Indigent Person—That an indigent person within the meaning of the preceding and succeeding section is a person without means of support, an idle person living without employment and in need of sustenance; a per- son without fixed domicile who wanders about the streets, pub- lic squares and public places, uninhabited buildings, sheds, etc., who is not able to satisfactorily account for such conduct; any person whose appearance, conduct or behavior indicates to a reasonable person exercising ordinary care and discre- tion that such person or persons will in all likelihood become a vagrant or vagrants and a burden upon the City of Houston, or any community into which they go. (ld., Sec. 2.) Sec. 895. Penalty—Any common carrier, either by rail, water or otherwise, their agents or employees, who shall vio- late the provisions of Section 8938, shall, upon conviction there- of in the Corporation Court, be fined in any sum not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00), provided, that the bringing into Houston of indi- gent persons in violation of Section 893 shall be an offense upon the part of the officers of such common carrier, so violat- ing said section, as well as upon the part of the carrier itself and its agents and employees thus offending. (Id., Sec. 3.) Sec. 896. Circuses Prohibited Between Certain Dates— That there shall be no circus or part of a circus held or con- ducted within the City of Houston at any time from the 1st to and including the 20th day of November in any year, and of the City of Houston 295 any and all circuses or part of circuses are prohibited from exhibiting anywhere within the limits of the City of Houston in or during the said time. (Oct. 21, 1907; Ord. Bk. 2, p. 451, Sec. 1.) Sec. 897. Definition of Circus—That the term circus, as used herein, shall not only be construed to mean and embrace every show or exhibition commonly known as a circus, but shall include menageries, or a combination of circuses and menageries. ; Sec. 898. Penalty—That any person, corporation, or an association of persons, or their agents, or employees, who shall conduct or assist in the conduct of, or shall participate or per- form in any way in any circus or part of circus, conducted, held or exhibited in violation of Section 896, or in any manner violate said section, shall be fined not less than One Hundred Dollars ($100.00) and not more than Two Hundred Dollars ($200.00) ; provided, that each exhibition and parade given in violation hereof shall constitute a separate offense. (lId., Sec. 4.) : Sec. 899. Collusion, Etc., in Bidding on Public Improve- ments—That it shall be unlawful for any two or more persons, firms or corporations, their agents, officers, servants or em- ployees, directly or indirectly, to enter into any collusion or agreement of any kind, oral or otherwise, by which said per- sons, firms or corporations, either, both or all, shall agree to refrain from bidding on public improvements to be constructed by the City of Houston; or shall agree to submit bids on cer- tain work and not on certain other work to be done by the City of Houston; or shall in any manner attempt to restrain, hinder or influence competitive bids on public work of any kind to be done by the City of Houston. (Mar. 238, 1914; Ord. Bleep et ec 5) | Sec. 900. Penalties—Any person, firm or corporation, and the members of any firm and the officers and directors of any corporation, who shall violate the foregoing section, or who shall suffer or permit, directly or indirectly, any employee, agent or servant to violate said section, and any employee, agent or servant of such person, firm or corporation, who shall violate said section, shall be deemed guilty of an offense, and upon conviction shall be fined in the sum of Two Hundred Dollars; and in addition to said penalty shall be subject to the further penalties contained and set forth in Sections 901 and 902. (Id., Sec. 2.) 296 Revised Code of Ordinances Sec. 901. Investigation; Witnesses; Rejection of Bids; Findings of Council—That the City Council shall have the right, if it appears that there has been collusion among bidders on any public work to be done by the City of Houston, to in- vestigate and ascertain the facts as to the existence or non- existence of such agreement or collusion, and for that purpose shall have the power to summons witnesses, administer oaths, and to do all things necessary to determine the true facts in all such cases. The accused parties at such proceedings shall have the right to have witnesses summoned, to be represented by counsel and to be heard in their own defense of the charges brought against them. Should the City Council determine, from the evidence before it, that any two or more of the bid- ders have entered into an agreement in violation of Section 899, it shall so declare, and the bid or bids submitted, if any, by any such person or persons, shall be rejected by the Coun- cil. The findings of the City Council shall set forth the names of all persons, firms or corporations found guilty by it of said charge of collusion, and shall declare said bidder or bidders — forever precluded and barred from doing any public work under contract with the City of Houston and from submitting bids therefor, and from holding any employment or office of emolument whatsoever in the pay of the City of Houston. Said findings shall be set forth in the form of a resolution, which shall be recorded in the minutes or journal of the Council as a permanent record. (lId., Sec. 3.) Sec. 902. City Engineer Not to Deliver Bidding Sheets, Etc., to Guilty Parties—It shall be unlawful for the City En- gineer, after any such bidder shall have been found guilty by the City Council of such collusion or agreement prohibited by Section 899, knowingly to deliver or to permit to be deliv- ered to any such person, firm or corporation, their employees, officers or agents, any bidding sheets, plans or specifications for public improvements to be constructed by the City of Hous- ton. Fora violation of this section the Citv Engineer shall be subject to removal from office by the Mayor and City Council. (Id., Sec. 4.) of the City of Houston | 297 CHAPTER XXxXI. Public Safety. Sec. 903. Horse Racing in City Limits—Any person who shall run, or be in any way concerned in running, any horse race in, along or across any public square, street or alley in this city, along or across any public road within the limits of this city, shall be fined in a sum not less than Twenty-five nor more than One Hundred Dollars. (Code 1904, Art. 580.) Sec. 904. Breaking Horses or Mules on the Streets—Any person who breaks, or attempts to break, any horse upon the streets, or who shall exercise in harness, or attempt to exer- cise in. harness, any wild or unruly horse or mule upon the streets, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 633.) Sec. 905. Driving Cattle, Etc., Through City, Unlawful; Proviso—It shall be unlawful to drive cattle, horses, mules, hogs, sheep and goats into or through the City of Houston, or in, or over the streets and ways of said city; providing, how- ever, that nothing in this section shall be so construed as to prevent the driving of cattle, horses, mules, hogs, sheep and goats where same are driven or led by means of a rope, halter, strap lines or other physical means of control and restraint such that said animals can be controlled by the person in charge thereof. (May 15, 1911; Ord. Bk. 3, p. 30, Sec. 1.) Sec. 906. Penalty—Any person, firm or corporation who shall violate the next preceding section shall be deemed guilty of a misdemeanor and, upon conviction thereof in the Corpo- ration Court, shall be fined in any sum not less than Five Dol- lars ($5.00). nor more than Fifty Dollars ($50.00). (Id., Sec. 2.) Sec. 907. Unlawful for Dogs to Be at Large—It shall be unlawful for any dog to be at large upon the streets, alleys or public grounds of the City of Houston, in violation hereof. And any dog on the streets, alleys or public grounds of said city shall be at large in violation of this chapter, except a dog un- der control of his master or agent by means of a chain, rope or cord of sufficient strength to control the action of said dog, or such other personal presence and attention as will reason- ably control the conduct of said dog; and the payment of a li- 298 Revised Code of Ordinances cense fee as hereinafter provided shall not be construed as a license to run at large. (June 7, 1909; Ord. BK pow Sec. 1.) Sec. 908. Duty Police to Take Up, Etc., Dogs at Large— It shall be the duty of the Chief of Police or other police of- ficer to take up and take charge of any and all dogs found at large in the streets, alleys and public grounds of the City of Houston in violation of the preceding section. (id., Sec. 2.) Sec. 909. License Fees on Dogs—That it shall be the duty of the owner of each and every dog in the City of Houston to pay to the Chief of Police of said city a license fee of Two Dollars ($2.00) annually. That upon the payment of said fee it shall be the duty of the Chief of Police to furnish the owner paying same with a plate upon which shall be a number corresponding with the name of the person registering said dog, and the year in which said registration is made. (Id., Sec. 3.) Sec. 910. Disposition of Dogs Taken Up, Etc.—It shall be the duty of the Chief of Police or other police officer taking up dogs at large in violation of this chapter, except as herein- after provided, to carry said dogs to the Police Station, or other suitable place, there to be impounded and detained for a period of three (3) days. That as soon as possible notice _ shall be posted at the door of said Police Station describing each of said dogs, whether bearing a tag or not, and giving the number of the tag and the name of the owner in each case where the dog bears the license tag, and it shall be the duty of said Chief of Police or other policeman to notify by letter, postal card or telephone, the owner of all dogs regis- tered and bearing the license tag in accordance with this chapter. The mailing of said postal card or letter shall be deemed sufficient notice whether the person addressed shall receive same or not. (Id., Sec. 4.) Sec. 911. When Police Shall Deliver Dogs to Owner— It shall be the duty of the Chief of Police or other police offi- cer to deliver to the owners thereof or their agents all dogs thus taken up and advertised, when said application shall have been made within three (3) days from the date of impounding of said dogs, upon the payment by said owner or his agent of the sum of Two Dollars ($2.00) for each and every dog im- pounded in accordance with this chapter, providing that dogs bearing the proper tag shall not be subject to said payment of Two Dollars ($2.00), but shall be delivered to the owner of the City of Houston 299 or his agent upon application without said payment. (Id., pecan.) Sec. 912. Dogs Impounded and Not Redeemed to Be Sold—It shall be the duty of the Chief of Police or other police officer to offer for sale at public outcry any and all dogs im- pounded under the terms of this chapter and not redeemed within three (3) days, and to sell the same for cash, provided that no dog shall be sold for less than Two Dollars ($2.00). (Id., Sec. 6.) Sec. 913. Dogs Not Redeemed or Purchased to Be Killed—It shall be the duty of the Chief of Police or other police officer to cause all dogs not redeemed or purchased as provided herein, to be killed. And it is hereby made the duty of the Chief of Police or other police officer, if at the time of said sale no purchaser can be found, to dispatch and kill each of said animals, and to deposit the carcasses in such place . as may be designated for such matter. (Id., Sec. 7.) Sec. 914. Police to Kill Dogs With Hydrophobia, Etc.— It is hereby made the duty of the Chief of Police or other po- lice officer of the City of Houston to kill and exterminate any and all dogs at large, when said dogs are, or appear to be, af- fected with hydrophobia, mange or other infectious, contagi- ous or dangerous disease, provided, that it shall not be neces- sary to impound or advertise such dogs by posting notice, or otherwise, but it shall be the duty of said police officer to kill and exterminate any and all such dogs instanter, except those affected or appearing to be affected with hydrophobia, which shall be so killed after diagnosis accurately made, as provided in Section 495. (Id., Sec. 8.) Sec. 915. Penalty—Each and every owner of a dog run- ning at large in the streets, alleys, or public grounds of the City. of Houston in violation of the next preceding eight sec- tions shall be deemed guilty of an offense, and upon conviction thereof in the Corporation Court shall be fined in any sum not less than One Dollar ($1.00) nor more than Fifty Dollars ($50.00), provided, that each day the said dog shall run at large in violation of said sections shall be deemed a separate offense. (Id., Sec. 9.) Sec. 916. Dogs With Mange Prohibited From Running at Large—That it shall be unlawful for the owner of any dog afflicted with the mange, or any person having the control of any such dog to allow such dog to run at large in the streets 300 Revised Code of Ordinances of the City of Houston. (June 12, 1905; Ord. Bk. 2, p. 200, Sec. 1.) Sec. 917. Penalty—Any person violating the terms of the foregoing section shall, upon conviction thereof, be fined in any sum not less than One nor more than Ten Dollars. (Id., Sec. 2.) ; Sec. 918. Duty of Police to Kill—lIt shall hereafter be the duty of any police officer of the City of Houston to kill and exterminate any dog afflicted with the mange which he may find running at large in the streets of the City of Hous- ton; provided, however, that Section 916 shall not apply to any dog which is being led by its master while on such streets. (Id., Sec. 3.) Sec. 919. Disposition of Moneys Collected for Dogs—Al|l moneys collected from licenses for dogs shall be paid to the City Assessor and Collector, or to the City Treasurer, as may be prescribed by ordinance. (Code 1904, Art. 813.) Sec. 920. Animals Must Not Be Tied, Etc., so That They : Can Get on the Sidewalk or Street—Any person who shall ' stake, tie or hobble any animal whatsoever on any lot of which he is not the owner, or on any lot or block within the limits above defined in such a manner as to allow such animals to go upon the adjacent sidewalk or street must, on conviction, be fined not less than One nor more than One Hundred Dollars. (Id., Art. 817.) Sec. 921. Driving Animals Over Bridges Faster Than a Walk—Any person who drives, or causes to be driven, any drove of cattle, horses or mules, or any horse, mule or animal of like kind, over any of the public bridges in the city at any gait faster than a walk, must be fined not less than One nor - more than One Hundred Dollars. (Id., Art. 808.) Sec. 922. Duty of Driver in Case of Collision—If any ac- ~cident or injury shall happen by reason of any collision of carriage with carriage, or carriage with horseman, or with other persons, it shall be the duty of the carriage drivers mu- tually to stop and render all needful assistance, and, upon be- ing requested so to do, to give his name, place of abode, and the license number of his carriage, if licensed, to the person so requesting. (lId., Art. 945.) Sec. 923. Iritoxicated Drivers—It shall be unlawful for the driver of any carriage to drive through the streets of the of the City of Houston 301 city while in a state of intoxication, and it shall be the duty of the Chief of Police and any policeman to arrest such driver immediately, and take him from his carriage, and take the carriage to the nearest livery stable. (Id., Art. 846.) Sec. 924. Penalty—Every driver of any vehicle who shall violate any of the next two preceding sections shall, on con- viction, be punished by a fine of not less than Five Dollars, and not more than Fifty Dollars for each and every effense. (Id., Art. 866.) Sec. 925. Must Keep to Right—That all drivers, chauf- feurs or others in charge of any wheeled vehicle, sledge, or rider, shall keep to the right hand side of center line on any and all streets of the City of Houston. (Id., Art. 869.) Sec. 926. Bicycles Shall Have Lamps, Gongs, Etc.—Any person riding a bicycle at night is required to have a lighted lamp on his bicycle, and to have a gong or whistle, with which he shall be required to give an alarm to warn persons on the streets of his approach, and thereby prevent collisions. (Id., Art. 872.) Sec. 927. Penalty for Violation—If any person shall fail to conform to the requirements of, or shall violate the pro- visions of, the preceding sections of this chapter for which other penalty is not provided, he shall be fined not less than Five nor more than Fifty Dollars. (ld., Art. 873.) Sec. 928. Wantonly Causing Collision of Vehicles—Any person who wantonly, wilfully, maliciously or carelessly causes or suffers any railroad car, carriage, wagon, cart, dray, bicycle or other vehicle, or any animal, to come in collision with any vehicle, animal or person, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 634.) Sec. 929. Use of Air Guns, “Nigger Shooter,”’ Etc., Pro- hibited—That any person who shall shoot an air gun, “nigger shooter,” or catapult, or such like device, or shall hurl or throw any missile by the use of any air gun or implement having rubber as motive power, in or across or near to any public square, street or alley within the limits of Houston, shall be fined any sum: not exceeding One Hundred Dollars. (Code 1904, Art. 669.) Sec. 930. Discharging Missiles—Any person who dis- charges gravel, marbles, shot or anything out of a gravel shoot- er, blow gun, rubber sling, or other device or implement of like 302 Revised Code of Ordinances kind or character, in or across, or near to any public square, street or alley within the city limits, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 640.) Sec. 931. Carelessly Using Lights in Stables or Barns— Any person who carries or makes use of any lighted candle or lamp in any stable or barn without having the same secured in a safe lantern, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 635.) | Sec. 932. Depositing Ashes in or on Wood—Any person who places or puts ashes in a wooden receptacle of any kind in a dwelling house, warehouse or other building, or upon any wooden floor, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 636.) Sec. 933. Endangering Cotton or Other Inflammable Ma- terial—Any person who carries any burning coal, or brand, or lighted cigar, or pipe, into any warehouse or other building in which cotton or other inflammable material is stored, com- pressed or ginned, must be fined not less than One nor more than One Hundred Dollars. (ld., Art. 637.) Sec. 934. Refusing or Neglecting to Remove Dangerous Structures—Any person who neglects or refuses for twenty- four hours to remove any chimney, wall or other part of any _ building or structure which has become or may be dangerous to passersby, to persons on the premises, or to adjoining prop- erty, after receiving due notice to do so from the Mayor, or other authorized city officer, must be fined not less than One nor more than One Hundred Dollars. (lId., Art. 641.) Sec. 935. Leaving Wells, Cisterns, Etc., Open—Any per- son who permits, on premises owned or occupied by him, any well, cistern or other excavation to remain open or uncovered, to the danger of others, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 642.) Sec. 936. Barbed Wire Fences Prohibited—That all per- sons are hereby prohibited from placing barbed wire fences around their property and premises within the corporate lim- its of the City of Houston. (Id., Art. 663.) Sec. 937. Penalty—Any person violating any of the provi- sions of the preceding section shall, upon conviction, be fined in any sum not less than One Dollar nor more than One Hun- dred Dollars, and each day such fence shall remain shall be deemed a separate offense. of the City of Houston Renee OUG Sec. 938. Possessing Burglarious Instruments, Etc.—Any person who has in his possession any implement or instrument designed and intended by him to aid in the commission of a burglary or larceny, or for picking a lock, must be fined not less than One nor more than One Hundred Dollars. (Id., Art. 651.) Sec. 939. Tramps—Any able-bodied person over sixteen years of age who is found begging or subsisting upon charity ; or who enters, or who attempts to enter any dwelling house, or go upon the premises of another against the will of the owner, occupant or person in charge thereof, or having entered any house or gone upon such premises persists in remaining against the consent of the owner, occupant or person in charge thereof; or who takes possession of any school house, out- house or other building, either public or private, for the pur- pose of spending the night therein; or who shall kindle a fire in such building or on the land of any person, or on any street, public highway or common, shall be considered a tramp and must be fined not less than One nor more than One Hundred Dollars, and may also be required to give bond in such sum as the Mayor may require for good behavior, and to keep the peace for six months, and in default of such bond, with sure- ties, may be committed to jail. (Id., Art. 656.) Sec. 940. Keeping Opium Resorts—It shall be unlawful for any person to keep a house, room or other place of resort within this city which persons may visit or frequent for the purpose of smoking opium, or indulging in the use of that drug in any form; and any person so offending must be fined in a sum of not less than Twenty-five nor more than One Hundred Dollars. (lId., Art. 670.) Sec. 941. Renting Premises for Opium Resorts—Any per- son or persons who shall rent or hire any house, tenement or premises to be used as a resort for the smoking or other use of opium, shall, on conviction thereof, be fined in a sum of not less than Twenty-five nor more than One Hundred Dollars for each and every offense. (Id., Art. 671.) Sec. 94la. Throwing of Patent Medicine in Yard—The throwing of medicine, patent or otherwise, into private yards or streets in the City of Houston, as an advertisement, or for other purposes, is hereby prohibited. Sec. 941b. Penalty—Any one violating the above provi- sions shall, on conviction, be fined in any sum not less than . Five nor. more than One Hundred Dollars. 304 Revised Code of Ordinances CHAPTER XXXII. Public Schools. Article 1.—Advisory Board to Trustees, Etc. 2.—General Provisions. ARTICLE 1. ADVISORY BOARD TO TRUSTEES OF THE SCHOOL BOARD. Sec. 942. Creation of Board; Powers and Duties—That there is hereby created an Advisory Board to the Trustees of the School Board of the City of Houston consisting of three women, who shall have the right to be present at all regular and special meetings of said board and to advise with, make suggestions to and be heard by said board upon all questions concerning the conduct, management, government and control of the public schools of said city and shall have the right, and it is made their duty, singly or as a board to visit any and all public schools of said city during school hours, or during re- cess, for the purpose of observing how the same are conducted, managed and controlled, and to advise themselves of the needs thereof and the improvements that should be inaugurated therein in order that it may perform the duties hereinbefore placed upon it and its members. (June 2, 1913; Ord. Bk. 3, p. 365, Sec. 1.) Sec. 943. Qualifications; Contracts—That the members of said Advisory Board shall be over the age of twenty-one and residents of the City of Houston, and shall serve without compensation, and shall not be interested, directly or indi- rectly, in any contract, or claim, or demand of any character against the School Board of the City of Houston, and should any member of said Advisory Board become interested in any such contract, claim or demand, or should buy or sell any school warrants or obligations of said board, or should have any interest in any such claims or obligations they shall be subject to removal by the City Council. (Id., Sec. 2.) Sec. 944. Appointment, Etc.—That at the first regular meeting of said Trustees of the School Board during the month of June and biennially thereafter at the first regular meeting of said board during the month of June, the Mayor of said Rooper a. of the City of Houston . 305 city shall nominate to said trustees the women to be members of said Advisory Board, who shall be confirmed by said trus- tees, and if not confirmed the Mayor shall nominate others un- til three are confirmed, who shall thereupon become members of said Advisory Board, and upon taking the oath of office required by law they shall hold their said office until their successors have duly qualified. (ld., Sec. 3.) Sec. 945. Term of Office; Removal—That the members of said board, like all other appointive officers of the City of Houston, shall hold their office subject to be removed at any time by the Mayor. (Id., Sec. 4.) ARTICLE 2. GENERAL PROVISIONS. Sec. 946. All Public School Houses and Buildmgs Under Control of City Authorities—All public schools and public school houses within the limits of the City of Houston are, and shall be, in charge of and under the exclusive control of the corporate authorities of the City of Houston. (Code 1904, Art. 940.) Sec. 947. Duties and Powers of Board of Trustees—The School Trustees shall have charge of all school houses provided for the public schools of the city, together with all school fur- niture; they shall see that the same are properly cared for and kept in repair and insured for a reasonable amount, the cost of all of which shall be paid by the Treasurer, upon the order of the Trustees, approved by the Mayor, out of the city public school fund. The Trustees shall cause all teachers to keep such school houses as they use clean and in good order; they shall also provide all needful fuel for use of the schools, and provide for all proper contingent expenses. (ld., Art. 941.) Sec. 948. Additional Powers and Duties—The Trustees are authorized to rent out the school houses for private school purposes, at such rates as they may deem proper, for the time they may not be occupied by the public schools, and the money received as rent for the same shall be paid by the Trustees to the City Treasurer, to form a part of the public school fund. It shall be the duty of the school trustees to provide the neces- sary furniture for all public school houses in the city. The Trustees shall, at least as often as once a month, visit the different public schools and inspect the management of the same. (Id., Art. 942.) 306 Revised Code of Ordinances Sec. 949. Trustees Shall Employ Teachers by Written Contract—The Trustees shall employ as teachers only persons of good moral character and habits, and who hold a certificate of competency issued by the Board of Examiners, to teach in the public schools of the city. (Id., Art. 943.) Sec. 950. Certificate of Character—Any person desiring to teach in the public schools of the city shall present a cer- tificate, satisfactory to the Mayor, that he or she is a person of good moral character and of correct and exemplary habits. The Mayor shall thereupon, unless satisfied that some good cause exists for rejecting such certificate, certify such person to the Board of Examiners for examination of the applicant in the branches of study prescribed by the laws of the State of Texas relating to public schools. (Id., Art. 944.) Sec. 951. Certificate of Competency—On report of the Board of Examiners that the applicant is competent to teach the branches named in the preceding section, said board shall issue a certificate of competency to the teacher, authorizing him or her to teach in the schools contemplated by this chap- ter. A teacher’s certificate may be canceled on account of any misconduct or immorality, which the Board of Trustees shall report to the Mayor as disqualifying the teacher, in their opin- ion, for the instruction of children. (lId., Art. 945.) Sec. 952. Teachers’ Record—lIt shall be the duty of teach- ers to keep an accurate record of the daily attendance of each pupil, and all other statistics required by the Board of Educa- tion of the State necessary to make a complete report. at the end of the term, or whenever called for, which report shall be ‘made and filed with the Superintendent of Schools. (Id., Art. 946.) Sec. 953. Scholastic Days—That the public schools of the city shall be taught for five days in each week, and shall be closed on every Saturday and Sunday, and on such holidays as may be agreed upon by the Board of Trustees. (Id., Art. 947.) Sec. 954. Scholastic Year—The scholastic year for the public schools of the city shall be the same as defined in the State law for the public schools of the State, and the public schools of the city shall open at such time as the Board of Trustees may determine, and continue for nine scholastic months, exclusive of Christmas vacation. (Id., Art. 948.) Sec. 955. Scholastic Age, Etc.—All children between the ages of eight and eighteen years, living in the city, shall be of the City of Houston | 307 entitled to the benefit of the available public school fund of the city under this chapter, without regard to race or color. No child shall be admitted in the public schools of the city who does not reside in the city, and white and colored children shall in all cases be taught in separate schools. (lId., Art. 949.) Sec. 956. Pupils Over and Under Age—Pupils who are over or under the scholastic age may be taught in the public schools of the city upon the payment of a tuition fee. The Trustees of the public schools shall fix the rate of tuition to be charged, not to exceed four dollars per month, and they are authorized to make such necessary regulations in regard to the collection of the same as may seem to them to be right and proper, and they are required to pay over the same, when collected, to the City Treasurer, to form part of the public school fund. (ld., Art. 950.) Sec. 957. Branches of Study—The branches of study to be pursued in the public schools shall be such as may be directed by the Trustees and Superintendent. (lId., Art. 951.) Sec. 958. Superintendent of Public Schools—The Mayor shall, at the first regular meeting of the City Council in June of every second year, or as soon thereatter as practicable, appoint, subject to confirmation by the City Council, a Super- intendent of the Public Schools of the city, who shall hold his office for the term of two years from said first Council meet- ing in June, and until his successor shall have been appointed and qualified. (Id., Art. 952.) Sec. 959. Salary of Superintendent—Said Superintendent shall receive an annual salary not to exceed $4000 per annum, payable in monthly installments, out of the city public school . fund by the City Treasurer. (Art. 953.) Sec. 960. Duty of Superintendent—Said Superintendent shall, under the direction of the Board of Public School Trus- tees, arrange and supervise all the details for the management of the public schools; shall attend to the instruction of teachers - in said schools; shall, subject to the approval of the Board of Trustees, determine the text books to be used in all the public schools, and shall perform such other duties as may from time to time be prescribed by the said Board of Trustees or by the City Council. (Id., Art. 954.) Sec. 961. School Fund—AIl money which may come into the city treasury from the State school fund for school pur- poses, and all which may be available from any source for 308 Revised Code of Ordinances such purpose, shall be and the same is hereby specially set apart as a separate fund for the use and benefit of the public schools of this city, to be used for the support of said schools herein provided for, and under the regulations and conditions prescribed in this chapter, or which may be prescribed by the City Council. (Id., Art. 955.) Sec. 962. Donations Form Part of School Fund—Any money which may be donated by the Trustees of the Peabody Fund, for the benefit of the public schools of the City of Hous- ton, shall form a part of the public school fund, or the same may be used for the benefit of said schools in such manner as may be indicated by the donors. (lId., Art. 956.) Sec. 963. Payment of Salaries—The amount contracted to be paid by the Trustees to a teacher shall be paid monthly by the City Treasurer, on pay roll approved by the Mayor and Superintendent. (Id., Art. 957.) Sec. 964. Bond of Treasurer for School Fund—tThe public school fund for the public schools of the city shall be placed with the City Treasurer, to be in his keeping, and the Treas- urer shall, before receiving into his possession any of said funds, execute to the City of Houston a separate bond in the sum of Twenty Thousand Dollars, with two or more good and sufficient securities, to be approved by the City Council, con- ditioned that he will safely keep, and -well and truly account for, all moneys which shall be placed with him belonging to the public school:fund of the city, and will only disburse the same as provided for in this chapter, or as may be directed by the City Council. (Id., Art. 958.) Sec. 965. Janitors, Etc., Vested With Power of Police Of- ficers, When and Where—That each and every person now or hereafter employed by the City of Houston and occupying the position of janitor in and at the various school buildings in the City of Houston be, and the same are, and their successors shall be, vested with the full power of police officers while on the premises of such school. (Dec. 17, 1913; Ord. Bk. 3, p. 578, mecss La) Sec. 966. Powers—That such janitors shall have all the powers and authority of regular police officers of the City of Houston while on the premises of such schools, with full power to prevent, suppress and arrest all offenders against the ordi- nances of the City of Houston in or at such schools, or upon of the City of Houston 309 the premises attached thereto, and to pursue and arrest the offenders. (Id., Sec. 2.) Sec. 967. No Additional Salary—That such janitors shall receive no additional salary from the City of Houston for per- forming the duties hereby imposed upon them, but said duties shall be cumulative of and in addition to the duties now im- posed upon them as janitors in and at said schools. (Id., Sec. 3.) Sec. 968. No Bond Required—The bond required of regu- lar police officers shall not be required of said janitors, but they and their successors shall, by virtue of their appointment as janitor and of the next three preceding sections, be vested with the powers herein granted while on the premises of said schools. (Id., Sec. 4.) 27 310 Revised Code of Ordinances CHAPTER XXXIII. Pablicsutilities! Article 1.—Public Service Commissioner. — 2.—Gas. 3.—Electric Light and Power. 4,—Telephones. * ARTICLE 1. PUBLIC SERVICE COMMISSIONER. Sec. 969. Creation of Office, Etc.—That there is hereby created the office of Public Service Commissioner of the City of Houston. Such officer shall be appointed by the Mayor and confirmed by the City Council, and shall hold his office for no fixed term, but shall always be subject to removal by the Mayor, or may be removed by the City Council. He shall be paid such salary as shall be agreed on by the Mayor and Coun cil, and his salary and all expenses of his office shall be paid out of the annual franchise charges paid into the treasury of the City of Houston by the Public Service Corporations of the City of Houston. Said Public Service Commissioner shall pos- sess such powers and duties as are hereinafter given. (May 15-1911: Orde Bhs peo2eoec. ls) Sec. 970. Powers and Duties—The Public Service Com- missioner shall have general supervisory authority over the public service corporations operating under municipal author- ity, and over the performance of their duties to the city and the public; and he shall particularly possess the powers and perform the duties herein defined. First: It shall be his duty particularly to have in record form in his office, so that the information may be readily avail- able on short notice, copies of all franchises and ordinances under which each public utility is being operated; also a state- ment and plans and maps showing the plant and system: in detail of each of the public utility companies operating in Hous- ton, showing the extent thereof, with the date of erection, and dimensions of each part thereof; and he shall also make and keep an estimate of the probable cost of replacing the system and each part thereof; and shall keep a record of the better- ments, extensions and additions made to the public utility sys- of the City of Houston paul tem each year with the estimated cost of replacement. Where the information desired by the Commissioner is not available from the annual reports filed by the public utility corpora- tions, he shall apply to the manager, superintendent or other person in charge of such public utility company in Houston, for such information, and if not furnished within a reasonable time, it shall be a separate offense for each day thereafter the information is not furnished, both in the corporation and in the manager, superintendent or other person in charge of said public utility company, and on conviction therefor in the Cor- poration Court, both such corporation and such person shall be fined in any sum not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars ($200.00) for each day of such delay. A delay of more than two (2) months in furnish- ing such requested information shall, in every case, be held to be an unreasonable delay, but liability shall exist for a lesser delay if same is unreasonable. In the event that such information is requested of any cor- poration, at any time, by said Public Service Commissioner, as in the opinion of the corporation is unreasonable, owing to the cost or inability of the corporation to furnish same, then the corporation shall, upon its filing a written protest upon said Commissioner within‘ten (10) days after the information is so requested have the privilege in the event the said Commission- er further insists upon receiving the information, of applying to, and being given a hearing by, the City Council for a deci- sion as to whether or not the information so requested by the said Commissioner shall be supplied; and the time specified in this paragraph within which the information shall. be fur- nished shall date from day of the decision by the City Council, if their decision be the information shall be furnished. Second: It shall be the special business of the Public Serv- ice Commissioner to know, and to have copies available of every law affecting the performance of the duties of the public utility companies; of all ordinances affecting said companies or the performance of their duties; of the provisions contained in the franchises of each of the public utility companies spe- cially affecting the performance of their duties; and he shall know and have a copy of the Rules and Regulations of each of the public utility companies; and shall know their modes of doing business, and shall keep a written statement of their modes of doing business; and particularly with respect to the installation of the public utilities in private residences and in places of business, and the terms on which this is done; the extension of the public utility service beyond its present radius, B12 Revised Code of Ordinances and the terms on which this is done; the collection of amounts due the public utility company, and the manner in which this is done; the making of repairs or correction of defects in the service, and the manner and terms on which this is done; the placing of poles in the street by the public utility companies ; the manner in which the furnishing of transfers on street cars is done, the furnishing of half fares on street cars to children or other persons entitled thereto; the furnishing of seats to. passengers by street car companies, and of sufficient cars to adequately transport the public offering to ride; the mainten- ance of a proper schedule; the manner of using the streets and of placing new tracks therein by street car companies; and said Commissioner shall see that steam or other railroads enjoying franchises in any of the streets of the City of Hous- ton, to Which certain duties are attached, are adequately per- forming those duties, and generally he shall acquaint himself with all matters affecting the performance of public services by each of said companies; and all of this information, as to each of the public utility companies, shall be classified and ar- ranged so as to be available at any time. Third: It is made the particular duty of the Public Service Commissioner to see to it that all laws and ordinances for the promotion of good service are enforced. Fourth: Said Public Service Commissioner shall keep a list of every public service corporation, and of every person subject to pay any annual dues to the city on account of fran- chises, and shall see to it that such dues and all taxes, etc., are paid each year into the treasury of the city, and that all serv- ices or benefits agreed to be furnished the city by any person or corporation enjoying a public franchise, are furnished; and that no person or corporation enjoying a franchise is setting up any claim of title or ownership to any property of the City of Houston. Fifth: The Public Service Commissioner shall make an an- nual report to the Mayor and Council on the first day of March of each year of the operation of his department for the preced- ing year, and may make suggestions as to any particulars in which the services rendered might be improved, and may sug- gest needed rules and regulations tending to the betterment of the service and elimination of controversies between the pub- lic service companies and their customers. i Sixth: It is particularly made the duty of the Public Serv- ice Commissioner to entertain and investigate all complaints relating to, or in any manner affecting service, made by citi- of the City of Houston 313 zens against any of the public service corporations operating in the City of Houston, and where investigation shows such complaints are well grounded, the Commissioner shall take the matter up with the management of the public service corpora- tions and obtain a just and satisfactory adjustment of the mat- ter; but no citizen shall apply to the Commissioner until he has first applied in writing to the executive managing officer of the public utility company, stating the nature and cause of his complaint, and failed for a reasonable time to obtain re- dress; nor shall the Commissioner investigate or act on any complaint unless the citizen has first applied in writing to the executive managing officer of the public utility company for redress, as herein provided, and has failed to secure the same, nor shall the Commissioner entertain any complaint unless the same is in writing, stating the nature thereof, and giving the full name and address of the complainant. (Id., Sec. 2.) Sec. 971. Upon Refusal of Service, Application May Be Made to Commissioner—lIn every case where a person living beyond the radius of any of the public service systems, as es- tablished, in the City of Houston, desires to obtain the bene- fits of connection with the public service system, and is unable on application to the executive or managing officer of the pub- lic service corporation to obtain such service on such terms as are reasonable and just, he can make application to the Public Service Commissioner, who shall in such case investigate care- fully into the matter and take same up with the public service corporation with a view of obtaining such service on such terms as are reasonable and just to all parties concerned. (Id., Sec. 7.) ? Sec. 972. Commissioner to Keep Record Meters Tested— The Commissioner of Public Utilities shall keep a record of each meter tested and of the results of same, and shall embody same in his report to the Mayor and Council. | | All tests required by this chapter to be made by the City Electrician or Plumbing Inspector shall be made before the work is covered up and concealed. (ld., Sec. 8.) Sec. 973. Officers of Corporations Also Affected—In every case, where in this chapter a duty is imposed upon a public service corporation, said duty is also imposed on the manager, superintendent, or person in charge of same, in the City of Houston, and in every case where any act is prohibited to a public service corporation, said act is also prohibited to the manager, superintendent, or other person in charge of said 314 Revised Code of Ordinances - corporation in the City of Houston, and failure to comply with any of the requirements of this chapter constitutes an offense, not only in the corporation itself, but also in the manager, superintendent, or other person in charge locally of the busi- ness of said corporation, and upon conviction for violating any of the requirements of this chapter where a different penalty is not herein named, the corporation or person convicted, or both, as the case may be, shall be fined in any sum not less than Five Dollars ($5.00), nor more than Two Hundred Dol- lars ($200.00) for each offense. Where an offense continues through a number of days it shall be a separate offense for each day of the continuance thereof. (Id., Sec. 6.) ARTICLE 2. GAS. Sec. 974. Regulations for Government and Operation of Corporations Furnishing Gas—The following regulations are established for the government and operation of corporations possessing a franchise from the City of Houston, and furnish- ing gas for heating or lighting to the citizens thereof: 1. Every such corporation shall have the right on install- ing the appliances of such company in a residence or place of business to require the payment to the company of a reason- able deposit, to secure the payment of gas to be consumed through the meter, such deposit to bear interest at the legal rate, so long as retained by the gas company. 2. The service to a customer shall not, in any case, be cut or discontinued for non-payment of a bill for gas furnished, unless such bill is for services already rendered, and unless five (5) days’ written notice has been given the customer by mailing to his postoffice address a notice that the service will be cut or discontinued if the bill be not paid by the expiration of the five days, such notice to be mailed at least five (5) days before the service is cut. 3. Where a customer living within the radius of the gas system, as established, and within 150 feet of any gas main measured along the line to be followed in the street, desires connection with the service, such connection must be made within a reasonable time after written demand or request therefor on the manager, superintendent, or other person in charge of the business in Houston, and it shall be a separate offense, both in the corporation and in the manager, superin- tendent, or other person in charge locally of such corporation, of the City of Houston 315 for each day, beyond a reasonable time, that such connection is not made. Ordinarily where no extension of mains are re- quired, a reasonable time for making gas connections shall be from three (3) days to one week. By within the radius of the gas system, as established, it is meant to include any point to the left or right of one of its lines, and any point in the-extension of said line not more than 150 feet beyond the present terminus thereof. 4. Repairs and correction of defects in service must be made within a reasonable time after written notice to the manager, superintendent, or other person locally in charge of the gas company in Houston; and it shall be a separate offense, both in the corporation and in the superintendent, manager, or other person in charge of the gas company in Houston, for each day, beyond a reasonable time, that such delay exists. Ordinarily a reasonable time for repairs or correction of de- fects in service shall be from one to two days. 5. Should any customer of the gas company desire to have his gas meter tested he shall make application, in writing, to the Public Service Commissioner for a test of his meter, ac- companying such application with the sum of One Dollar and Fifty Cents ($1.50). If the meter shows more than a 2% vari- ation as shown by a standard meter prover, and this variation is against the customer the customer's bill shall be rebated ac- cordingly from his last payment to date of test, and the One Dollar and Fifty Cents ($1.50) deposit shall be returned to the customer. If the meter shows less than a 2% variation against the customer by the standard meter prover, the One Dollar and Fifty Cents ($1.50) shall be retained by the Public Service Commissioner to reimburse the city for its expenses in the premises. Upon said application being filed, an inspec- tor shall be despatched to the residence or place of business of the complainant; the meter shall then be detached in his pres- ence by some person designated by the gas company for that purpose, and the inspector and such person shall take the me- ter at once to the testing room of the gas company, where the meter shall be tested by a standard meter prover of the best and most accurate make, approved by the Public Service Com- missioner and the City Plumbing Inspector. The customer shall have the right to have any competent person to be pres- ent and participate in making the test on his behalf; and if he desires, he can designate the City Plumbing Inspector to be present and act on his behalf in the making of the test, who, in such event, shall act without cost or charge to the customer, 316 Revised Code of Ordinances ' snd shall see that the test is accurately made, and is in all respects correct. If the meter proves defective more than 2% it shall be removed and be replaced by another meter, tested and shown to be accurate at the time the test is made of the defective meter. If the meter test shows the meter not to vary from a.correct registration more than 2%, and if the customer is still dissat- isfied with the registration of gas by the meter, he can, by de- positing a fee of One Dollar and Fifty Cents ($1.50) with the Public Service Commissioner, obtain a test to be made by the City Plumbing Inspector to determine whether or not the gas pipes leak on the house side of the meter. Such test shall be made by a standard Gas Fitters’ Proving Pump, of approved manufacture and design, same to be approved by the Public Service Commissioner; and, if said pipes appear on said test to leak, it shall be unlawful for the gas company, and the man- ager, superintendent, or other person in charge of said busi- ness in Houston, to turn, or permit to be turned, the gas into said premises or pipes until the said pipes have been made sound and the gas company has the certificate of the City Plumbing Inspector that the pipes are sufficient and sound and that the gas can be turned on. The gas testing device shall be furnished by the gas company, and at its expense, but same must meet with the approval of both the Public Service Com- missioner and the City Plumbing Inspector. 6. Should it appear at the time the meter test is made, or test of pipes is made, or at any other time that the gas pipes in a building are leaky or so defective otherwise as to be dan- gerous, the Inspector of Plumbing shall notify, in writing, the manager, superintendent, or other person in charge of the gas company to cut the gas off from said pipes and not to turn same on until said pipes are repaired and the gas company has the certificate of the City Plumbing Inspector that the pipes are sufficient, and that the gas should be turned on. It shall be an offense, both in the gas company and in the manager, superintendent, or other person locally in charge thereof to fail to cut off said gas on the order of the Plumbing Inspec- tor, or to turn same on again without his certificate, and it shall be a separate offense for each day that the gas is so un- lawfully permitted to be on. 7. Hereafter when gas pipes are installed in’ a house, it shall be unlawful for the gas company, and for the manager, superintendent, or other person in charge of the gas com- pany’s business in Houston, to turn the gas into the said pipes of the City of Houston — | 317 until said pipes have been inspected by the City Plumbing In- spector and the gas company has the certificate of that officer that the piping is sufficient, and that the gas can be turned on, and it shall be a separate offense, both in the gas company and in the superintendent, manager, or other person, for each day that the gas is permitted to be turned into said pipes with- out having said certificate; provided, that if an original instal- lation, or if an extension or alteration of any existing gas piping in a building is less than twehty-five (25) feet in length, and is entirely exposed, it shall not be necessary to obtain an inspection by or a certificate from the Plumbing Inspector be- fore turning on the gas; provided, that in every case of instal- lation or repair of gas pipes in a building the gas company, at the time of installation or repair, and before furnishing gas through the repaired or installed pipes, shall give to the Plumb- ing Inspector a notice in writing, stating the installation or repair made, the extent of same; whether covered or uncov- ered; the date made; the name of the property owner, and de- scription of the property; and it shall be an offense to fail to give said notice, in any case, where the facts are known to the gas company or its employees: | For such inspection a fee of One Dollar ($1.00) shall be paid by the owner of the property; and same shall be made before the pipes are covered up by cement masonry, planking or oth- erwise covered. In making such inspection the Plumbing In- spector shall require that all gas pipes be laid to grade so that condensation will drain from the system to the gas meter, or drips, or pockets, or other place provided, where said condei- - sation can be removed. If there are over ten openings ten cents additional inspection fee shall be paid for each opening. Secondly: The City Plumbing Inspector shall test the pipes thoroughly with a gas fitters’ proving pump, and ascertain . that they contain no leaks, and he shall see that neither in the installation of gas pipes, nor in the repair of same, is any gas fitter’s cement, coal tar, putty or other substance used in cov- ering up defects in pipes or fittings, but in every case defective pipe and fittings shall be taken out and replaced by sound pipe and fittings, and said inspector shall see that all pipes installed are of ample size for the service required. 8. The Public Service Commissioner shall, from time to time, test the gas furnished to ascertain if the gas being fur- nished is up to the standard required by the franchises of the gas company; and the gas company shall immediately furnish every facility and aid for making these tests whenever re- quired. (May 15, 1911; Ord. Bk. 3, p. 32, Sec. 3.) 318 Revised Code of Ordinances Sec. 975. Rate Per Thousand Cubic Feet—That any per. son, firm, corporation or receiver engaged in the business of selling or furnishing gas to private consumers within the City of Houston, Harris County, Texas, shall not charge therefor exceeding the rate of $1.10 per thousand cubic feet for all gas so sold or furnished; provided, however, that any and all per- sons, firms and corporations who shall pay their gas bills on or before the 10th day of the month immediately following the month in which the gas is used, shall not be charged or re- quired to pay exceeding $1.00 per thousand cubic feet for gas so furnished and used. (July 1, 1908; Ord. Bk. 2, p. 283, Sec. 1 Franchise Ordinance July 25, 1910; Cl. 5, Par. 3, Ord. Bk. 2, p. 578.) Sec. 976. No General Charge for Meters—That no gen: eral charge shall be made to consumers for the use of meters, but when the gas consumed through any one meter does not equal fifty cents in value for any one month, such meters may be taken out by the person, firm, corporation or receiver en- gaged in the business of selling or furnishing gas, unless the consumer pays not less than fifty cents per month for the gas consumed and the service of the company in holding NaS ah in readiness to supply gas. (lId., Sec. 2.) Sec. 977. Consent of Gas Company Required for Indi- vidual to Put in Mains—It shall be the duty of the gas com- pany to put in all service pipe between the gas mains and me- ters, according to terms of their franchise, and no individuals or firm shall be permitted to put in any service pipe between mains and meters without first obtaining the consent in writ- ing from the gas company so to do. (Code 1904, Art. 968.) Sec. 978. Gas Companies Shall Furnish First-Class, High: Grade Illuminating Gas—FEach and every person, firm, corpo: ration or receiver engaged in the business of selling or fur: nishing gas to private consumers within the City of Houston, Harris County, Texas, shall furnish a good, first-class, high- grade illuminating gas, of a quality to give out not less than eighteen candle power light. (Code 1904, Art. 971.) Sec. 979. Penalty—That any person, firm, corporation or receiver, or any agent, officer or superintendent of same, who shall knowingly violate the provisions of the four next pre- ceding sections shall, upon conviction in the-Corporation Court, be fined not less than Twenty-five Dollars and not more than One Hundred Dollars. (Id., Sec. 3, and Code 1904, Art. 972.) of the City of Houston 319 Sec. 980. Meddling With Gas Works Property—If any person or persons shall wrongfully or maliciously turn on or off the gas in any gas pipe leading to the private meters of any © house or building, or shall destroy or in any way injure any part of the gas works, he must be fined for every such offense not less than Ten nor more than One Hundred Dollars. (Code 1904, Art. 965.) Sec. 981. Injuring Gas Works Property—Any person who unlawfully, wilfully or maliciously injures, defaces or destroys any machinery, lamp, meter, pipe or other fixture belonging to or connected with the works of the Houston Gas Light Company, must be fined not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 966.) Sec. 982. Interfering With Gas Meters—That any person or person interfering in any manner with the meters or gas supply of any gas light company in the City of Houston, or any person having custody of the gas company’s meters or gas supply permitting it to be done without the consent in writing from the gas company, shall be guilty of a misde- meanor and, upon conviction, shall be fined not more than Ten Dollars ($10.00) for each and every offense. (Id., Art. 967.) Arent ire. ELECTRIC LIGHT AND POWER. Sec. 983. Regulations for Government and Operation— The following regulations are established for the government and operation of corporations possessing a franchise from the City of Houston to furnish electric light and power, and fur- nishing electricity for light and power to the citizens thereof: 1. Every such company shall have the right on installing appliances of such company in a residence or place of business to require the payment to the company of a reasonable deposit, such deposit to bear interest at the legal rate, so long as re- tained by the electric company. 2. Service to the customer shall not, in any case, be cut or discontinued for non-payment of a bill, unless such bill is for services already rendered, and unless five (5) days’ writ- ten notice has been given the customer, by mailing to his pestoffice address a notice that the service will be cut or dis- continued if the bill be not paid by the expiration of five (5) days. Such notice to be mailed at least five (5) days before the service is cut. 320 Revised Code of Ordinances 3. Where any customer living within a radius of the elec- tric light and power system, as established, and within 30¢ feet of any line, desires connection with the service, such con- nection must be made within a reasonable time after written demand or request therefor on the manager, superintendent, or other person in charge of the electrical business in Houston, and it shall be a separate offense, both in the corporation and in the manager, superintendent, or other person in charge locally of such corporation, for each day beyond a reasonable time that such connection is not made. Ordinarily a delay of over six (6) days in installing connections will be considered - unreasonable. By within the radius of the electric light and power system, it is meant to include any point to the left or right of one of its lines, and any point in the extension of said line not more than 300 feet beyond the present terminus thereof. 4. Repairs and corrections of defects in service must be made within a reasonable time after written notice to the manager, superintendent, or other person locally in charge of the light and power company in Houston, and it shall be a separate offense both in the corporation and in the superintend- ent, manager, or other person in charge of the light and power company in Houston, for each day beyond a reasonable time that such delay exists. Ordinarily a reasonable time for re- pairs or correction of defects in service shall be from one to two days. *In case, however, of inability to locate the trouble, or if for other cause two days is insufficient for the correction of the trouble, the company shall have a reasonable time in which to correct same, though in excess of two days; but in such case the burden shall be on the defendant to allege and prove the facts which make the two days insufficient. 5. Should any customer of the light and power company desire to have his electric light meter tested, he shall make application in writing to the Public Service Commissioner for a test of his meter, accompanying such application with the sum of One Dollar and Fifty Cents -($1.50) ; and if the meter shows more than a 3 per cent. variation fromthe standard testing meter, and this variation is against the customer, the customer’s bill shall be rebated accordingly from his last pay- ment to date of test, and the One Dollar and Fifty Cents ($1.50) deposit shall be returned to the customer. If the meter shows less than 3 per cent. variation against the cus- tomer from the standard testing meter the One Dollar and of the City of Houston S21 aw) Fifty Cents ($1.50) shall be retained by the Public Service Commissioner to reimburse the city for its expenses in the premises. Upon said application being filed the same shall be brought to the attention of the manager of the electrical com- pany, and said company shall send to the residence or place of business of complainant a competent person with a standard portable meter tester, and such person shall be accompanied by an inspector of the City of Houston, and at the complain- ant’s residence or place of business the meter complained of : shall be tested. The customer shall have the right to have any competent person to be present and participate in making the test on his behalf; and if he desires he can designate the City Electrician to be present and act on his behalf in the making of the test, who, in such event, shall act without cost or charge to the consumer, unless the deposit be retained as herein pro- vided, and shall see that the test is accurately made, and is, in all respects, correct. If the meter complained of proves in such case defective more than 3 per cent., it shall be removed and replaced by another meter, tested and shown to be accurate at the time the test is made of the defective meter. The portable meter testers must be of the most ap- proved and standard make, and must be approved both by the Public Service Commissioner and the City Electrician, and must themselves be tested by a standard stationary meter tester of the most approved make and character, which must be approved by the Public Service Commissioner and by the City Electrician. All meter testers, whether stationary or portable, must be furnished by the light and power company, at its own expense, but none can be used in the making of tests unless approved by the City Electrician and by the Public Service Commissioner. 6. Should any customer of the light and power company desire a test to determine the voltage, he shall make applica- . tion to the Public Service Commissioner for such test, and deposit a fee of One Dollar ($1.00) therefor; such test shall be made at the residence or place of business of the customer, at the main switch in the house by a volt meter, and by the City Electrician. Upon application being made to the Com- missioner for such test, he shall notify the manager of the light and power company of the time and place when such test will be made, and the public utility company shall have the right to have a representative present when such test is being made. In case such test shows insufficient or in- adequate voltage, the Public Service Commissioner shall take up the matter with the manager of the light and power com- Byes Revised Code of Ordinances pany, and secure correction of the defect by increasing of feed wire or transformer capacity, or otherwise, as may be necessary; and if correction be not made within a reasonable time, it shall be an offense, both in the corporation operating under the franchise and in the manager, superintendent, or other person in charge of said corporation in the City of Houston, for each day that said deficiency is permitted to exist after the expiration of a reasonable time for same to be cor- rected. 7. If when any test is being made, or if at any other time the wiring system in any building is found to be defective and dangerous, the current shall be cut off by the light and power company, if so demanded in writing by the City Elec- trician, and shall not again be turned on until the defects are corrected, and the wiring made safe and in accordance with the National Electric Code, and until the light and power company has the certificate of the City Electrician to that effect. Should the electrical company fail to cut off such power when so notified, or should said company again turn the cur- rent on said wires without obtaining the certificate of the City Electrician, it shall be a separate offense, both in the corpora- tion and in the manager or other person in charge of such corporation in the City of Houston for each day that the elec- tric current is permitted to remain on the wires in said building contrary to this clause of the ordinance. (May 15, 1911, Ord. IBS; D332; eCe4e) Sec. 984. Rates for Electric Lights—AIl persons, firms, - corporations or receivers engaged in the business of furnishing and supplying electric lights and electric power to private consumers within the corporate limits of the City of Houston, Harris County, Texas, are required to furnish and supply same for not exceeding the charges hereinafter stated, to-wit: Commercial Rates. Lighting and alternating current fans on same meter. (1) Single Rate. Twelve cents per kilo-watt hour, with a minimum monthly charge for service of One Dollar. That all charges under this rate, if not paid on or before the 10th day of the month following that for which the bill is rendered, shall be subject to the following discounts, to-wit: Bills over $1.00 and up to $4.99, five per cent. discount. Bills over $5.00 and up to $24.99, ten per cent. discount. Bills over $25.00 and up to $49.99, fifteen per cent. discount. of the City of Houston B20 Bills over $50.00 and up to $74.99, twenty per cent. discount. Bills over $75.00 and up to $99.99, twenty-five per cent. dis- count. Bills over $100.00, thirty per cent. discount. (2) Two Rate: (a) Business Rate: Thirteen cents (18c) per kilo-watt hour for the first two (2) kilo-watt hours consumed per month per sixteen candle power incandescent lamp wired (or its equivalent), and seven cents (7c) per kilo-watt hour for all energy consumed in excess of that amount. . (b) Residence Rate: Thirteen cents (13c) per kilo-watt hour for the first two-thirds (2-3) of a kilo-watt hour con- sumed per month per sixteen candle power incandescent lamp wired (or its equivalent), and seven cents (7c) per kilo-watt hour for all energy consumed in excess of that amount. The minimum charge for service under the two rate system shall be One Dollar ($1.00), and all bills paid under said sys- tem on or before the 10th day of the month following that for which bill is rendered shall be subject to a discount of five per cent. Power Rates. (1) For a monthly consumption of one thousand (1000) kilo-watt hours or less, six cents (6c) per kilo-watt hour. (2) For a monthly consumption of over one thousand (1000) kilo-watt hours, five cents (5c) per kilo-watt hour. Bills for service under this rate, if paid on or before the 10th day of the month following that for which bill is rendered, shall be subject to a discount of five (5) per cent. Rates for Direct Current Ceiling Fans. No. of Fans Day Rate. Day and Night Rate. 1 $ 4.00 $ 5.00 2 7.25 9.00 3 10.00 12.50 4 12.50 15.00 5 14.50 17.50 6 16.00 19.50 7 17.50 21.00 8 19.00 22.50 10 22.00 25.50 ee 25.00 28.00 14 28.00 31.00 16 31.00 34.00 18 34.00 37.00 20 37.00 40.00 22 40.00 43.00 24 43.00 46.00 26 46.00 49.00 28 49.00 52.00 30 52.00 55.00 324 Revised Code of Ordinances That the above charges shall be made for calendar months, except for the months from November Ist to March 31, in- clusive, when one-half (1-2) of the above rates shall be collect- ed for each calendar month. (Code 1904, Art. 995.) Sec. 985. Penalty—That any persons, firm, corporation, or receiver, or the manager or superintendent of same, who shall knowingly violate any of the provisions of Section 984 by charging more for the services hereinbefore enumerated, as therein established and fixed, shall, upon conviction, be fined not less than Twenty-five Dollars ($25.00) and not more than , One Hundred Dollars ($100.00). (Code 1904, Art. 996.) Sec. 987. Unlawful to Tamper With or Use Apparatus— It shall be unlawful for any person or persons to tamper with, molest or in any manner use the poles, Wires, cross arms, lamps, hoods, switches, cut-offs, connections, or any part of the lines or apparatus belonging to the Houston Lighting and Power Company within the corporate limits of the City of Houston, and no person or persons shall have the right to place upon the poles belonging to this company any handbills; notices, cards, advertising bills, placards, or any written, printed or painted matter, either by posting, tacking, suspend- ing or any other mode of fastening. (Id.; Art. 993.) Sec. 988. Penalty—Any person or persons found guilty of tampering with the poles, wires, lamps or other apparata of the Houston Lighting and Power Company, as set forth herein- before, must be fined not less than Five Dollars ($5.00) nor ~ more than Twenty Dollars ($20.00) for each and every offense. (Id., Art. 994.) ARTICLE 4. TELEPHONES. Sec. 989. Regulations for Government and Operation— _ The following regulations are established for the government and operation of corporations possessing a franchise from the City of Houston, and furnishing telephone communication to the citizens thereof: 1. Every such company shall have the right on installing the telephone of such company in residences or business places to require the subscriber to pay to said company two months rental in advance as a guaranty that the said subscriber will use said phone service installed for him for a period of two months; provided, that where the telephones of such company of the City of Houston 325 have been once installed in or upon the premises no charge shall be made to any new subscriber using the same telephones for more than one month and the unexpired fractional part of the current calendar month, unless since the last use thereof there has been a complete removal of the telephones of the telephone company and a disconnection of service to said premises; and provided further, that any subscriber who is not in arrears may transfer his contract and such transferee shall succeed to all the rights of the original subscriber under such contract. | Every such company shall upon demand return any deposit, heretofore received by it to each subscriber who has made the same, together with the lawful interest thereon; provided, and when such subscriber shall have paid the telephone com- pany since the installation of service for his use two months rental thereon. (Amendment of July 7, 1913, Ord. Bk. 8, p. 394.) 2. The service to the customer shall not, in any case, be cut or discontinued for non-payment of a bill, unless such bill is for services already rendered, and unless five (5) days’ written notice has been given the customer by mailing to his postoffice address a notice that the service will be cut or dis- continued if the bill be not paid by the expiration of the five (5) days; such notice to be mailed at least five (5) days be- fore the service is cut. The above rule shall not have application to amounts due or to become due for long distance service. 3. Where a customer living within the radius of the tele- phone system, as established, and within 300 feet of a tele- phone line, desires connection with the service, such connection | must be made within a reasonable time after written demand or request therefor, on the manager, superintendent, or other person in charge of the business in Houston; and it shall be a separate offense, both in the corporation and in the manager, superintendent, or other person in charge locally of such cor- poration, for each day beyond a reasonable time for such, connection is not made. Ordinarily a reasonable time for in- stalling telephone connections shall be from five (5) to seven (7) days. By within the radius of a telephone system, as established, it is meant to include any point to the left or right of one of its lines, and any point in the extension of said line not more than 300 feet beyond the present terminus thereof. 28 326 Revised Code of Ordinances In the event the number of installations required shall ren- der necessary the installation of new cable conductors of con- siderable length, and the telephone company has not the cable available, the penalties of this section may be suspended as to the particular installations for a reasonable time, to be fixed — by the Public Service Commissioner, for the company to pro- cure the cable; and the burden shall be on the telephone com- pany to allege and prove that such extension of time was granted in writing by the Public Service Commissioner. 4. Repairs of defects in telephone appliances must be made within a reasonable time after written notice to the manager, superintendent, or other person locally in charge of the tele- phone company in Houston; and it shall be a separate offense, both in the corporation and in the superintendent, manager, or other person in charge of the telephone company in Houston, for each day beyond a reasonable time that such delay exists. Ordinarily a reasonable time in which to repair defects in telephone appliances shall be twenty-four (24) hours from the receipt of the written notice. Where there are an unusual number of defects due to storms, strikes, or causes beyond the control of the telephone com- pany, the company shall have a reasonable time to repair the defects, though this time may exceed twenty-four (24) hours; but the burden shall be on the telephone company to allege and prove the facts which authorize the company to use more than twenty-four (24) hours to repair the defects. (May 15; 1911, Ord. Bk::3;-p. 32;;Sec.:5,) Sec. 990. Rates of Charges—Any person, firm, corpora- tion or receiver operating or owning telephone lines and ex- changes within the City of Houston, Harris County, Texas, engaged in the business of furnishing telephone connection and service to the citizens of said City of Houston, shall charge not exceeding the following rates, to-wit: Rate One: Telephone lines and exchanges having three thousand (38000) or less paying subscribers within the limits of the City of Houston shall have the right to charge, for business or office connection, Three Dollars ($3.00) per month; for residence, Two Dollars ($2.00) per month. Party Lines: Business or office, Two Dollars ($2.00) per month; residence, One Dollar ($1.00) per month. Rate Two: Telephone lines and exchanges having in excess of three thousand (3000) paying subscribers within the limits of the City of Houston shall have the right to charge, for of the City of Houston yet business or office connections, Five Dollars ($5.00) per month; for residence, Two Dollars ($2.00) per month. Party Lines: Business or office, Three Dollars ($3.00) per month; residence, One and 50/100 Dollars ($1.50) per month. Provided, that the rates above fixed are fixed for a reason- ably efficient service, and in the event the service is not rea- sonably efficient, the subscriber or customer can satisfy his bill and the requirements of this section by paying or tendering to the person, firm, corporation or receiver operating or own- ing the telephone lines such proportion of the rate fixed by law for the service as the service actually furnished bears to a reasonably efficient service. In the event the service is not reasonably efficient, and the customer has paid in advance for the service at the rate fixed by this section, he can deduct an amount proportionate to the deficiency in the service from the rate for the next month, and the person, firm, corporation or receiver operating or owning the telephone line shall be bound in all cases to re- ceive said sum of money and continue to furnish the service; provided, that the amount of money paid by the customer is proportionate to the service rendered. (Nov. 22, 1909, Ord. Bkeoy D041, SeCs, ls) Sec. 991. Penalty—Any person, firm, corporation or re- ceiver operating or owning telephone lines or exchanges within the limits of the City of Houston, Harris County, Texas, engaged in the business of furnishing telephonic connections and service to the citizens of said City of Houston, or any agent, manager or superintendent thereof, who shall charge any greater rates or tolls for the services herein named than those hereinbefore fixed, or who shall refuse to continue to furnish the service because the customer fails or refuses to pay a greater amount for the telephone service than is fixed by Section 990, or than is payable under the next preceding section for the character of service rendered in the particular case, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than Twenty-five Dollars ($25.00) and not exceeding One Hundred Dollars ($100.00) for each offense, and in case of failure or refusal to further furnish telephone service to the consumer or sub- scriber, it shall be a separate offense for each day that there is failure or refusal to furnish the service. (Id.) Sec. 992. Rates to Fire Stations and Public Schools—That any person, firm, corporation or receiver operating or owning 328 Revised Code of Ordinances telephone lines within the City of Houston shall furnish tele- phone service to fire stations and to public schools at the fol- lowing rate, viz: Telephone service shall be furnished to fire stations at the rate provided for business or office phones, and telephone service shall be furnished to public school buildings at the rates provided for residence phones. (Jan. 4, 1911, Ord. Bk. 8, p. 21, Sec. 1.) Sec. 993. Additional License Fee—That the Southwestern Telegraph and Telephone Company be and it is hereby required to pay to the City of. Houston, in addition to the payments required to be made by it by that certain ordinance entitled, “An ordinance granting to the Southwestern Telegraph and Telephone Company, its successors and assigns, the right, franchise and privilege of building, maintaining and operating a system of telephones or telephone exchanges in the City of Houston, and granting the right of way and other privileges on the streets of Houston,” the sum of Eight Hundred and Fifty Dollars ($850.00) per annum, which payment shall be made as follows: In quarterly installments on the first day of January, April, July and October of each year for the next ensuing three years. (Jan. 3, 1911; Ord; Bk. 3, p.21, Seco 1.) Sec. 994. Payments to Be Made Collector of Tax—The said payments shall be made to the officer authorized to collect such taxes for said city. (Id., Sec. 2.) Annual Reports. Sec. 995. Sworn; to Be Filed Between Jan. Ist and March 1st—That every person, firm, association, corporation or re- ceiver operating or owning telephone lines and exchanges in the City of Houston, Harris County, Texas, engaged in the business of furnishing connections and service to the citizens of said City of Houston, is hereby required to file between January lst and March Ist of each year a sworn annual report - showing all property, real, personal and mixed, of said corpora- tion or persons, on hand on said January Ist, and owned by said corporation or persons, and used in said telephone busi- ness in the year preceding said date and showing the gross income derived from the operation of said telephone business in the City of Houston for the year preceding said January 1st, and showing the actual expense of operation and mainten- ance of said telephone system in the City of Houston for the year preceding said January 1st; and furnishing such other of the City of Houston 329 information as may be by- this chapter specifically required. (Dec. 30, 1909, Ord. Bk. 2, p. 546, Sec. 1.) Sec. 996. Contents, Etc.—The report in so far as it under- takes to state the property of said public service, business and the value of same, shall not be sufficient or a compliance with this article unless it sets forth a detail list and description of all property, real, personal and mixed, owned by said person, firm or corporation, in Houston, Texas, on January Ist, of each year; and also of all property in Houston, Texas, actually used in the telephone business in said city in the year preced- ing said January Ist, together with a statement of the value of each item of property set opposite the same in said list. If any of such listed property is not or has not been during the year preceding said January Ist, actually used in said telephone business, that fact shall be stated in the report. The report shall state also with reference to each item of property and assets, the condition of same on said January Ist, and the extent, if any, to which same is depreciated in value from age, use or other causes. The report shall also state, with reference to each item of property the estimated cost of reproducing the same new on the date, January Ist. Said report of property and assets and value thereof, sit- uated in Houston, shall specifically state whether any of the - property listed is situated in Houston Heights or Brunner, or elsewhere without the corporate limits of the City of Hous- ton and within two (2) miles thereof, and is used and operat- ed in connection with the Houston offices, and shall state sep- arately the value and the degree of depreciation and cost of production of each of said items of property operated in connection with the Houston office and situated in Brunner, Houston Heights or outside the corporate limits of the city and within two (2) miles of said limits. Said list of property shall specifically set forth among other property : First. All real estate or lease-hold interests in land, de- scribing same, owned by said person or corporation engaged in said telephone business. Second. The number of linear feet of conduits, stating the location of same within the city, and from what beginning point to what ending point they extend. By a linear foot of conduit is meant a foot in length of same, whether same con- tains one duct or many ducts; and said statement shall show as to each conduit, how many ducts it contains and how 330 Revised Code of Ordinances many wires are contained in each duct. And said report shall show in what year the said conduits were constructed and shall further show how many linear feet of conduits are situ- ated within the limits of the City of Houston, and how many linear feet of conduits, if any, are situated outside of the limits of the city within two (2) miles thereof, and what part of same, describing same, were constructed in the year preceding said January lst. And said report shall be ac- companied by a map or sketch representing plainly on same the location of said telephone conduits. - Third. Said report shall also show the number of telephone poles owned and operated by said person, firm or corporation on January 1st, and during the year preceding, and shall be accompanied by a map or plat showing the location and posi- tion of the various lines of poles and of each pole, and the report shall indicate how many of said poles are situated within the corporate limits of the City of Houston and how many of the same are situated outside of the corporate limits of the city, and within two (2) miles thereof, and shall state specifically how many of the poles listed were erected in the year preceding said date of January 1st; and said report shall show the number of wires strung on said poles. In addition to the other matters required by this report, same shall state the estimated value of a telephone pole, not inserted in the ground, and the cost and expense of inserting a pole in the ground, and the estimated value of each mile of single telephone wire, and the estimated cost and expense of inserting said mile of wire in a conduit, and of stringing same on poles, and the estimated expense of constructing one thousand (1000) feet of conduits, not including in said last estimate the cost of inserting the wires therein. And the report shall state specifically with reference to each pole and line of wire what its condition with reference to being in a state of repair. Fourth. Said list of property shall also include a specific list of each telephone exchange owned by said person, firm or corporation, stating whether the building and property on which same is situated is owned by said person, firm or cor- poration, or is rented, and giving a specific list of all switch boards and of all other property of said telephone business, such as telephones and all appliances and appurtenances used in connection with said telephone business, and shall state specifically with reference to all property, whether same was of the City of Houston afl F purchased or constructed in the year preceding the said date of January Ist. Fifth. Said person, firm or corporation shall list any other property or assets (used in its telephone business in Houston) which it may own, and state the value and other required information in reference to same, if they believe that such property or assets and its value should be considered in fixing or regulating the rates to be charged for said telephone service. (Id., Sec. 2.) Sec. 997. Facts As to Gross Income—Said report shall state the following facts as to the gross income of said tele- phone business in the City of Houston for the year preceding said January lst, viz.: First. Said report shall state the total number of actual subscribers for business telephones within the corporate limits of the City of Houston during the year preceding said January - 1st, and the gross revenue derived therefrom. Second. Said report shall state the total number of actual subscribers for business telephones outside the corporate lim- its of the City of Houston, and within two (2) miles of said limits, and within Brunner and Houston Heights during the year preceding said January 1st, and the gross revenue de- rived therefrom. - Third. Said report shall state the total number of actual subscribers for residence telephones within the corporate lim- its of the City of Houston during the year preceding said January 1st, and the gross revenue derived therefrom. Fourth. Said report shall state the total number of actual subscribers for residence telephones in Brunner and Houston Heights, and outside the corporate limits of the City of Hous- ton, but within two (2) miles of said limits, during the year preceding said January 1st, and the gross revenue derived therefrom. Fifth. Said report shall also state the total charges for the year preceding said January 1st for long distance tele-. phone calls from Houston to other points away from Hous- ton, and the gross amount of said long distance charges col-. lected by the Houston office, and the proportion of said charges allowed to the Houston office by the person, association or corporation operating said telephone system ; or the proportion of said long distance gross receipts to which the Houston office is fairly entitled in the absence of a specific allowance. 332 | _ Revised Code of Ordinances Sixth. Said report shall also state the total charges for the year preceding said January 1st for long distance tele- phone calls from other points away from Houston to this city, and the gross amount of said long distance charges collected by the Houston office, and the proportion of said charges allowed to the Houston office by the person, association or corporation operating said telephone system ; or the proportion of said long distance gross receipts to which the Houston office is fairly entitled in the absence of a specific allowance. Seventh. Said report shall also state the gross amount of the long distance telephone charges from Houston to outside points, or from outside points to Houston, collected by other offices than the Houston office, and the proportion of said amounts so collected allowed to the Houston office, or to which the Houston office is fairly entitled in the absence of a specific allowance. Eighth. Said report shall also state the total amounts of all other gross receipts derived from other sources than those above named during the year preceding said January lst, and shall state the source of such receipts. (Id., Sec. 3.) Sec. 998. Operating Expenses; Facts to Be Shown—Said report shall also state the operating expenses for the year preceding January lst, and in doing so shall state specifically : First. The expenses incurred during the year for salaries; First, of officials and office force, such as bookkeepers, etc., of the Houston office. Second, salaries for the year of the contruction force, such as linemen, etc. Third, number of telephone operators in the Houston office, and total amount paid to them for services in the year prior to said January Ist. Fourth, said report shall state any other amounts paid out in the nature of salary or compensation for personal service in the year preceding said January Ist. The report shall also give an estimate as to what part of the above amount paid out during the year for salaries and personal services should be charged to business outside of Houston, and what part should be charged to local business. The said statement. will also set forth in detail the amount expended in the year preceding said January 1st in the re- pair of property, a part of the telephone plant, in a state of partial depreciation from age or use, and shall set forth— first, how much was expended for this purpose for labor, and second, how much for material. And said statement shall also furnish an estimate of money which will be needed in the coming year for repair of such partial depreciations. of the City of Houston 333 Said report shall further set out the expense incurred in the year previous to said January 1st in replacing material of the plant, which was completely depreciated, that is to say, in the substitution of good poles or other material and appli- ances for such as were entirely worn out and useless, and shall state how much of this amount was expended—first, for labor; and second, for material; and said report shall estimate the amount to be needed in the following year to replace such completely depreciated material, stating the basis of such estimate. } Said report shall further set out any other expense of oper- ation for the year preceding said January lst, not specifically reported in the earlier part of said report. (Id., Sec. 4.) Sec. 999. If Corporation Operating Telephones in Other Cities, Etc.—If the said telephone: business in the City of Houston is operated by a corporation which owns or operates a line of telephones in other cities, and connecting said cities, such corporation may embody in said report: First. A statement of the total amount of capital stock is- sued by said corporation, other than such as may remain in the treasury of the company, and the market value of same. . Second. A staement of the total amount of bonds outstand- ing against said corporation and the market value of same. Third. The total number of miles of telephone line in length owned and operated by said corporation in the City of Houston. Fourth. The total number of miles in length of telephone - line operated by said corporation in other cities than Houston. Fifth. The total number of miles in length of telephone line operated by said corporation in connections between cities. A mile in length of telephone line is constituted by a tele- phone line reaching a mile in length, whether there be one or many wires strung upon same; or, if the line be in conduits, whether there be one or many ducts in said.conduits, or one or many wires in same. Where, from the manner in which the books of said tele- phone system have been kept, all of the matters required by the above report cannot be stated with precision, they shall be stated approximately with the greatest accuracy possible. And the books of said telephone system shall hereafter be so kept that the report required by this article can be made ~ with precision. (Id., Sec. 5.) Sec. 1000. Requirements As to Oath—Said report shall be sworn to by the manager, superintendent or other person 334 Revised Code of Ordinances in charge of said telephone system in the City of Houston. The affidavit made as to the property of said telephone system, as to the gross income for the previous year, and as to the operating expenses for the previous year, shall be made in positive terms. The affidavit as to values, estimates and such matters shall be that they have been given in good faith and are believed to be true and correct. Said report as to expenses of operation and gross receipts shall also be sworn to in posi- tive terms by the chief bookkeeper of said telephone system in the City of Houston. (Id., Sec. 6.) Sec. 1001. To Be Filed and Published if Corporation Re- quests—Said report shall be filed with the City Secretary at any time after the first day of January of each year, and prior to the first day of March of said year, and same shall be care- fully preserved by the City Secretary for the inspection of the Mayor and members of the City Council, and shall not be published or submitted to the inspection of other persons, unless the person or corporation operating said telephone sys- tem shall request that it be so published; provided, that all or any part of said report may be made public, if so directed, either by the Mayor or the City Council. (Id., Sec. 7.) Sec. 1002. Penalty—lIf the person, association or corpora- tion operating said telephone system, or the superintendent, manager or other person in charge thereof, fails to file a re- port in substantial accordance with the provisions of the next preceding seven sections by the first day of March of any year, such person, association or corporation, and such manager, superintendent or other person in charge of said telephone system so failing, shall each be guilty of an offense, and on conviction thereof in the Corporation Court shall be fined in any sum not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00) for each offense, and it shall be a separate offense for each day after March first that said report has not been filed. (l1d., Sec. 8.) of the City of Houston 300 CHAPTER XXXIV. Purchasing Agent. Sec. 1003. Creation of Office; Salary; Bond—That there is created the office of Purchasing Agent for the City of Houston, who shall be appointed by the Mayor and confirmed by the City Council every two years, and who shall hold office for two years or until removed by the Mayor or City Council, or recalled by the qualified voters, or for the unexpired term of the Purchasing Agent whose unexpired term he is appointed to fill, and who shall receive a monthly salary of Three Hun- dred Dollars ($300.00). He shall, upon being appointed and confirmed, take an oath of office to faithfully and impartially perform the duties of his office, and he shall enter into a bond with two (2) or more good and sufficient sureties, or a surety company authorized to do business in Texas, payable to the City of Houston, in the sum of Five Thousand Dollars, to be approved by the Mayor, conditioned for the faithful per- fomance and discharge of the duties of his office, and such other duties as may be imposed upon him by the ordinances or by the Mayor or by the City Council, and that he will correctly and honestly pass upen and award all bids and contracts for supplies, and not violate the provisions of the Charter and of this chapter in reference to the matters herein referred to. (Mar. 9, 1914, Ord. Bk. 4, p. —, Sec. 1.) Sec. 1004. Duties—That it shall be the duty of said Pur- chasing Agent to pass upon the requisitions of all heads of departments and officers, agents and employees of the City of Houston, for all supplies, merchandise and articles of every description needed by it or them or either of them for the > use and benefit of the City of Houston, and to contract for and purchase the same; provided, that should there be doubt in his judgment as to the needs of said department,- officers or em- ployees of any supplies, merchandise or articles for the use and benefit of the City of Houston, he shall submit such requisition to the Mayor and Council in administrative session for its in- struction thereon and with reference thereto. In making pur- chases he shall use his best efforts to purchase the same at the least cost to the city, and when prices are submitted upon two or more articles of different brands or grades, he shall determine which of the brands or grades shall be purchased, 336 Revised Code of Ordinances so as to secure for the city the best, most satisfactory and advantageous supplies, merchandise and articles, bearing in mind the use to which the same is to be applied, its lasting qualities and the cost; provided, that all other things being equal, those bidders having an established local business in the City of Houston are to be given the preference; provided, further, that so far as practicable all such supplies, merchan- dise and articles contracted for and purchased by him shall be let or made upon competitive bids or prices, and that no contract for supplies for current use shall be made for a longer period than ninety (90) days. (Id., Sec. 2.) Sec. 1005. Necessity for Appropriation Before Acting— That such Purchasing Agent, before granting any requisition for, or contracting for, or accepting any bids, or purchasing any such supplies, merchandise or articles, shall inform him- self as to whether or not there is an appropriation therefor out of which payment for same can be made, and if there is not, then he shall refuse to grant such requisition or to contract for, or accept such bids or to purchase such supplies, merchandise or articles. (Id., Sec. 3.) Sec. 1006. Rules and Regulations May Be Established, Etc.—That such Purchasing Agent may establish such rules and regulations governing requisitions and the transaction of business between himself and heads of departments, officers and employees, and between himself and bidders on and vend- ers of such supplies, merchandise and articles as he may de- sire to purchase, not inconsistent with this chapter or the Charter and ordinances of the city. (Id., Sec. 4.) Sec. 1007. Ex-officio Public Service Commissioner—That he shall be ex-officio Public Service Commissioner until such time as that office may be filled by appointment by the Mayor and confirmation by the City Council, and during such time, he shall perform all the duties thereof, but he shall receive no extra compensation therefor. (Id., Sec. 5.) Sec. 1008. Restrictions Upon Interest, Etc., By—That such Purchasing Agent shall not be interested in, or in any manner connected with, any contract or bid for furnishing such supplies, merchandise or articles, or with any person, firm or corporation or receiver, or trustee of such, who contracts for, bids upon, or sells to the city any such supplies, merchan- dise or articles, nor shall he accept or receive from any such, directly or indirectly, by rebate, gift or otherwise, any money er other thing of value, nor shall he receive any promise, of the City of Houston | Sat obligation or contract for future reward or compensation from any such; provided, that a violation of the provisions of this section shall be cause for impeachment and removal from office; provided, further, that the specification of impeachment and removal from office for violation of this section shall not prevent the City Council from impeaching or removing such officer for other violations of or failure to perform the duties of his office. (Id., Sec. 6.) Sec. 1009. Clerks—That such Purchasing Agent shall have such clerks as may be allowed by the Mayor and City Council, and at such salaries as he and it may fix. 338 Revised Code of Ordinances CHAPTER XXXV. Railways. Sec. 1010. Flagmen at Crossings—lIt shall be the duty of each railway company operating a railroad within the corpo- rate limits of the City of Houston to keep by day and night at such public crossings as may be designated from time to time by the City Council, one or more flagmen, whose duty it shall be to warn passengers of the approach of trains, and to see that said crossings are kept free of standing trains, loco- motives and other obstructions. (Code 1904, Art. 1037.) Sec. 1011. Electric Lights at Crossings—lIt shall be the duty of each railway company operating trains within the City of Houston over and across the streets in said city to illumi- nate each crossing, unless otherwise ordered by the City Coun- cil, with an electric arc lamp, not more than seventy-five feet distant from such crossing, and not less than twenty feet dis- tant from the ground, and of not less candle-power than is used in the case of general arc lights used by the city for lighting streets. (Id., Art. 1038.) Sec. 1012. Penalty—Any railway company, person or cor- poration operating a railroad in the City of Houston over any crossing who shall fail to comply with the provisions of the next two preceding sections shall be liable to a penalty of Fif- teen Dollars, the same to be recovered in a civil suit brought in the name of the City of Houston in either of the proper Justice’s Courts of Harris Couuty, Texas, and each day’s fail- ure to comply with said sections shall constitute a separate offense and liability. (Id., Art. 1029.) Sec. 1013. Crossings Not to Be Blocked Exceeding Five Minutes, Etc.—That it shall be unlawful for any yardmaster, engineer, conductor or other person or persons in any man- ner controlling or operating any railway locomotive, engine, car or train of cars, to suffer or permit any such locomotive engine, car or train of cars to remain standing upon any pub- lic street crossing within the corporate limits of the City of Houston for a longer period than five minutes, and all periods of time such locomotive engine, car or train of cars is per- mitted to stand upon such public crossing shall be considered one period unless between such periods five minutes elapse of the City of Houston 339 during which time no such locomotive engine, car or train of cars is permitted to stand on such crossing. (Feb. 27, 1905; Ord Bik? eabb, oec.aby) Sec. 1014. Penalty—Any yardmaster, engineer, conductor or other person or persons in any manner in control or oper- ating such locomotive engine, car or train of cars, who shall violate any of the provisions of the next preceding section, shall, upon conviction thereof, be fined in a sum not less than Twenty-five nor more than Fifty Dollars. (Id., Sec. 2.) Sec. 1015. Locomotives, Etc., Not to Remain Standing, Etc.—It shall be unlawful for any foreman of a switching crew, engineer or conductor of a railway train, or other per- son in charge of a railway train, car or cars, or railway en- gine, to permit any locomotive, engine, car or cars, or train of cars, to remain standing upon any public street crossing or intersection of two streets within the corporate limits of the City of Houston for a period longer than five (5) minutes. (Feb. 4, 1907; Ord. Bk. 2, p. 359, Sec. 1.) Sec. 1016. Locomotives, Etc., Not to Remain Standing, Etc.—It shall be unlawful for any foreman of a switching crew, engineer or conductor of a railway train, or other person in charge of a railway train, car or cars, or railway engine, to cause or allow any railway locomotive, engine, car or cars, or train of cars, to stop in and remain upon any street or sidewalk within the corporate limits of the City of Houston, other than a public street crossing or intersection of two streets, for a longer period than thirty (30) minutes at any one time. (Id., sec. 2.) Sec. 1016a. Penalty—Any person who shall violate any provision of the two next preceding sections shall, upon convic- tion in the Corporation Court, be fined in any sum not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00). (Id., Sec. 3.) Sec. 1017. Safeguards to Be Provided—Whenever on any street or sidewalk crossed by the track or tracks of any railway company the City Council deems it necessary to provide protec- tion to the persons and property at such crossings by the erec- tion and maintenance of gates, guards or other protection, said Council may so declare and direct that said railway com- pany shall, within a certain time, to be fixed by the Council, erect, construct and maintain a sufficient safeguard of such character at such crossings, specifying the kind of protection | 340 Revised Code of Ordinances to be erected, constructed and maintained as aforesaid, -whe- ther it be a gate or gates, guard or other protection; and it shall be the duty of the City Secretary to serve upon such company named in said resolution a certified copy thereof with- in ten days after passage of said resolution, leaving a copy thereof with the local agent of said company at Houston, or at the general office of said company. (Code 1904, Art. 1043.) Sec. 1018. Penalty for Failure to Provide Safeguards— Whenever any railroad company shall have been directed by the City Council to erect, construct and maintain at any street ~ or sidewalk crossed by its track or tracks, any gate or gates, guards or other protection, as provided in the next preceding section, such company shall, within the time prescribed in said resolution, construct and thereafter maintain the protec- tion specified in said resolution, under a penalty of One Hun- dred Dollars for every failure so to do, and each and every ten days after the expiration of the time so fixed for the construc- tion of such protection that any company shall refuse or neglect to proceed to the erection and construction of the kind of pro- tection specified, shall constitute a separate and distinct of- fense, and incur a separate penalty, such penalty to be recov- ered at the suit of the city in either of the Justice’s Courts of Precinct No. 1, Harris County, Texas. (Id., Art. 1044.) Sec. 1019. Expense of Safeguard to Be Borne by the Rail- road—Every such gate, guard or other protection, and the approaches thereto, when so ordered as aforesaid, shall be erected and constructed at the sole cost and expense of said railroad companies, under the supervision of the City Engineer and Street and Bridge Commissioner, and the same shall there- after be kept and maintained by such railroad company in proper repair and condition at its own cost and expense, and without cost or expense to the City of Houston, and under the supervision of the City Engineer and Street and Bridge Commissioner of said city. (Id., Art. 1045.) Sec. 1020. Penalty for Failing to Maintain Safeguards— Whenever any gate or guard shall have been erected, under the provisions hereof, it shall be the duty of the railway com- pany on whom devolves the duty of maintaining and operating same to keep same securely closed at the approach of and during the passage of any railway train across the part of the street or sidewalk it is designed to protect; provided, same shall not be kept closed longer than five minutes at any one time, and any railway company violating the provisions of of the City of Houston 341 Dollars, to be recovered as provided in preceding sections of this Code. (Id., Art. 1046.) Sec. 1021. Railroad Companies Shall Light the Streets; Penalty—It shall be the duty of each railroad company having a line of railway within the corporate limits of the City of Houston, to erect and place suitable and proper lights at such ~ points on the line of its railway within the inhabited area of the City of Houston as shall be designated by the City Coun- cil, and maintain the same, and cause said lights to be lighted and kept burning from dusk each evening continuously through each night until daylight; which said lights shall be so placed and constructed as to light the entire street at the point where the same is constructed, and show the condition and location of the tracks and crossings. If, after the expiration of ten days. from and after notification shall have been served upon any railway company, said company, or any engineer, conductor, fireman or other agent, servant or employee of any railway company shall run any engine or train of cars, between dusk and daylight, over any line of track not lighted as required by this section, such person shall be deemed guilty of an offense,. and, upon conviction, shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each time he may commit the offense. (ld., Art. 1047.) Sec. 1022. Speed of Railroad Trains in City Limits; Pen- alty—It shall be unlawful for any engineer or other person in charge of a locomotive or train to run the same within the corporate limits of the city at a greater rate of speed than six miles an hour, and any person so offending shall, upon conviction, be fined in any sum not less than Twenty-five Dol- lars ($25.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 1048.) | Sec. 1023. Locomotive Bells Must Be Kept Ringing—It shall be the duty of every engineer or the person in charge of an engine to cause the engine bell to be rung continuously whilst the engine or cars are in motion, and every person who shall fail so to do shall be deemed guilty of an offense, and shall be fined, on conviction, in any sum not less than Twenty- five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 1049.) Sec. 1024. Jumping On and Off Railroad Train While in Motion—It shall be unlawful for any person in this city to 29 342 Revised Code of Ordinances jump off or on, cling to or hang on any railway engine or car, whilst the same is in motion, said person not being a paying passenger, or an employee, or an official of the railroad company; and any person violating this section shall be fined, on conviction, not less than Five nor more than Fifty Dollars. Sec. 1025. Baggage Masters Invested With Police Au- thority—The several depot and baggage masters on duty at the several railway depots in the City of Houston are hereby invested with all the powers and authority of policemen for the preservation of good order at, in and about their several depots, but may act as such only upon condition that their service in this behalf is without pay from the city. (Jd., Art. 1052.) Sec. 1026. Depot and Baggage Masters May Assign Sta- tions to Vehicles—The said depot and baggage masters are hereby authorized and empowered to assign to the several omnibuses, carriages, hacks, drays, express and baggage wagons, their proper stations at the depots, looking only to the convenience of passengers. (lId., Art. 1053.) Sec. 1027. Penalty—Any person guilty of a breach of any of the sections of this chapter, where other penalty is not pro- vided, shall be fined in a sum of not less than One nor more than One Hundred Dollars. (lId., Art. 1054.) Sec. 1028. Depot and Baggage Masters Must Take Oath, Give Bond, Etc.—No depot master or baggage master shall have power to use or exercise the authority conferred by this chapter without his having taken the oath prescribed for peace officers before the Mayor, and until he’shall have given a bond as provided to be given by other policemen. He shall wear conspicuously a badge inscribed with the words, “‘Special Police,’ and shall, at all times, be subject to such reasonable regulations as may be made by. the Mayor and Chief of Po- lice. Sec. 1029. Railroad Companies Must Make Necessary Drains, Etc.—It shall be the duty of all railway companies whose lines of road are now constructed or which may here- after be constructed on or over any street or part of a street in the City of Houston, to make, construct and maintain, under the supervision of the Street and Bridge Commissioner, and in accordance with the plans and specifications to be furnished by the City Engineer, all such drains, culverts, waterways and ditches, and such other connections as shall be deemed neces- of the City of Houston 343 sary by the said commissioner to properly drain the streets through or over which said railway line may be constructed, and to conduct the water outside the city limits. (ld., Art. 1036.) Sec. 1030. Railroad Companies Must Keep Streets in Re- pair, Etc.—It shall be the duty of each railway company whose lines of road are constructed, or may be hereafter constructed, within the corporate limits of the City of Houston, to put in good repair and maintain in good condition all streets or parts of streets through or over which its line of road may run, and to keep the same free from obstructions of every kind, which said repairs shall be made and constructed under the direc- tion and supervision of the Street and Bridge Commissioner and City Engineer. (Id., Art. 1057.) Sec. 1031. Railroad Companies Must Construct and Keep in Repair Bridges, Etc.—It shall be the duty of each railway company to construct and keep in repair all bridges and cross- ings from curb line to curb line at the intersections of streets with its line of railway, and over all ditches, sewers and cul- verts on the line of its railway, and to fill up and grade all sinks and gullies adjacent to or on the line of its road, which said work and improvements shall be done and made under the direction of the Street and Bridge Commissioner and City Engineer, and in such manner and of such material and at such points as may be required by them. (Id., Art. 1058.) Sec. 1032. The Street and Bridge Commissioner to Have Plans Prepared—lt shall be the duty of the Street and Bridge Commissioner, whenever in his judgment any action is neces- sary to enforce the provisions of the three next preceding sec- tions, to cause to be prepared by the City Engineer plans and specifications for such improvements of the character contem- plated by said three preceding sections, as he may deem necessary to be made by any person or corporation owning or operating a line of railway within the corporate limits of the city. Such plans and specifications, when so prepared, shall be submitted to the City Council, together with a resolution de- claring such improvements to be necessary, and directing that such person or corporation be notified to construct the same without delay, and said plans and specifications shall be filed in the office of the City Secretary. (Id., Art. 1059.) Sec. 1033. Notice to Be Given—After said plans and specifications shall have been approved by the City Council, and said resolution passed, it shall be the duty of the Mayor 344 Revised Code of Ordinances to cause to be notified such person or corporation, by written notice. to begin said improvement within ten (10) days from the service of such notice. Said notice shall be accompanied by a copy of said resolution, and contain a reference to said specifications, filed as aforesaid, and the same shall be authen- ticated by the certificate of the City Secretary, and in case of a corporation, said notice shall be delivered to its chief officer or agent residing in the City of Houston. (lId., Art. 1060.) Sec. 1034. Penalty for Failure to Make Required Re- pairs—If any person or corporation shall fail, refuse or neg- lect to begin said improvements within ten days from the service of said notice, or shall neglect to complete the said im- provements within sixty days after such notice, such person or corporation shall be liable to a penalty of Fifty Dollars ($50.00) for each day said failure or neglect shall continue, and it shall be the duty of the Mayor to cause suit to be insti- - tuted in the proper court for the recovery of such penalty. (Id., Art. 1061.) Sec. 1035. Railroads to Provide Crossings—That it is hereby made the duty of all railroad companies and managers thereof owning or controlling steam railroads in the City of Houston, and operating trains thereon, to provide crossings easy of access and suitable for the use of street traffic. Said crossings shall be constructed of vitrified brick, or other per- manent paving material, satisfactory to the City Engineer. Said crossings must be so constructed as to be easy of access and reasonably smooth. When brick is used, same must be laid on a five (5) inch concrete foundation, under the super- vision of the City Engineer, and to the satisfaction of the Mayor of said city. (July 18, 1911; Ord. Bk. 3, p. 44, Sec. 1.) Sec. 1036. Time Within Which Crossings to Be Con- structed—That, the time within which said crossings shall be constructed by said railroad companies or the managers there- of shall be sixty days from the mailing of a copy of the pre- ceding section, a copy of which shall be sent by mail to each railroad company, or the manager thereof, and such mailing Shall be due and lawful notice to such company, or the man- ager thereof, to construct said crossings as required by the next preceding section. (Id., Sec. 2.) Sec. 1037. Penalty—Any railroad company and the man- ager thereof, owning or controlling any railroad in the City of . Houston, and operating trains thereon, who shall fail to con- struct crossings over its roads as required by the next two of the City of Houston 345 _ preceding sections within such sixty (60) days, shall be guilty of an offense, and upon conviction thereof in the Corporation Court shall be fined in the sum of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) ; provided, that such failure shall be a separate of- fense, both in the railroad company and the manager thereof ; and provided, further, that it shall be a separate offense for each day that any crossing remains unpaved in violation of the next two preceding sections after the expiration of the said sixty (60) days. (lId., Sec. 3.) Sec. 1038. Prohibited From Blowing Whistles Over Five Seconds—All persons are prohibited from blowing any whis- tles on any locomotive, or single blasts therefrom, within the limits of the City of Houston, for a longer period of time than five (5) seconds, except when there is imminent danger of an accident. All persons are prohibited from blowing off or blowing out a boiler when crossing any public street, alley or other thor- oughfare within the limits of the City of Houston. That each and every person violating any provision of this section shall be fined in any sum, upon conviction, not less than Five Dollars ($5.00) and not exceeding Fifty Dollars ($50.00). (1Id., Art. 1062.) Sec. 1039. Unlawfully Running Locomotive Engines— Any person who causes, permits or suffers any locomotive en- gine to run within the limits of the city at a greater rate of speed than six (6) miles per hour, or who causes, permits or suffers any locomotive engine or train to run or move in the night time without having a headlight, or who shall cause, permit or suffer any locomotive engine or train to run at any time without causing the proper signals to be given, must be fined not less than one nor more than One Hundred Dollars ($100.00). (Id., Art. 1063.) Sec. 1040. Unlawful to Use Any Part of Commerce Ave- nue; Where—That it shall be unlawful for any railroad com- pany to use any part of Commerce Avenue for the switching of railroad freight trains between San Jacinto and York (Travis) Streets, within the corporate limits, and the violation of this section by any railroad company is hereby declared to be a nuisance. (Id., Art. 1064.) Sec. 1041. Penalties—That prosecution for the violation of the preceding section may be against the yardmaster or 346 Revised Code of Ordinances any employee, or person in control of such train, or the man- ager, or the local agent of said railroad company. That for the violation of the terms of such preceding section, on con- viction, there shall be assessed a fine of not less than Fifty Dol- lars ($50.00) nor more than One Hundred Dollars ($100.00), and the movement of each train shall constitute a separate offense. (Id., Art. 1065.) “Sec. 1042. Railroads to Place at Certain Crossings Fire Alarm Indicators—All railroad companies operating within the corporate limits of the City of Houston are required to place at each of the following named crossings, to-wit: San Antonio & Aransas Pass Railroad crossing on McKin- ney and Hutchins Street; Southern Pacific crossing on Hardy Street and New Orleans Avenue; Montgomery and Southern Pacific Railroad crossing, Hous- ton Avenue and Winter Street; Houston & Texas Central crossing on Sixth and Railroad Streets ; Southern Pacific crossing on Maury and Leona Streets; Houston & Texas Central crossing on Tenth and Railroad Streets ; Houston Avenue and Railroad Street; Silver Street and Railroad Street; Missouri, Kansas & Texas crossing and White Oak Bridge; I. & G. N., Buffalo and Preston and Congress Avenues; | Hutchins and Commerce Streets; German and I. & G. N. Place; German and Chartres Streets, G. C. & S. F. R. R. Co.; Willow Street and Allen Street, H. & T. C. R. R. Co.; Odin Avenue and Mary Street, G. C. & S. F. BR. -R. Co.; Odin Avenue and Carr Street, I. & G. N. R. R. Co.; Congress and St. Emanuel Streets, G. C. & S. F. R. R. Co.; Maffit and Conti Streets, H. E. & W. T. R. R. Co.; Semmes and Conti Streets, S. P. R. R. Co.; And from time to time such other crossings as the Chief of the Fire Department may direct, a fire alarm indicator connected with the fire alarm system of the City of Houston, which privilege is hereby granted to them respectively. (Id., Art. 1066.) of the City of Houston 347 Sec. 1043. Crossings to Be Opened, When, Etc.—And when any indicator indicates that there is a fire, that the rail- road crossing where such indicator is situated shall be opened at once and kept open for a space of fifteen minutes. (lId., Art. 1067.) Sec. 1044. Crossings to Be Opened When Blocked, by Yardmaster—lIf any of above railroad crossings are blocked when the fire alarm indicates that there is a fire, it shall be the duty of the yardmaster in charge of the train of cars blocking the crossing, and the engineer in charge of the engine pulling the cars, and the watchman in charge of the crossing where such indicator is situated, to cause the said crossing to be cleared of cars at once, and to be kept clear of cars for a space of fifteen minutes, and the failure on part of yard- master in charge of train of cars blocking the crossing, the engineer in charge of the engine pulling the cars, and the watchman in charge of the crossing where the indicator is situated, to clear said crossing of cars at once for a space of fifteen minutes, shall be unlawful and either or all such persons shall be fined in any sum not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 1068.) Sec. 1045. Must Not Sell Railroad Tickets Without Li- cense from Railroad—It shall be unlawful for any person or persons, firm or corporation, or for any officer, agent, servant or receiver of any corporation, for and in its behalf, now or hereafter engaged in the business of railroad ticket broker, or any other person or persons, with or without license therefor, in Houston, Texas, to seii, barter or transfer for any consid- eration whatever, the whole or part of any railroad ticket or tickets, street car ticket or tickets, pass or passes, or other evidence of the holder’s right to travel on any railroad or street railway unless duly authorized so to do by the railroad or street railway, or the receiver thereof, issuing or authorizing the issuance of same, and unless such authority to sell same is in writing duly attested by the corporate seal of such rail- road company or street railway, or the signature of the re- ceiver thereof, if any there be, of such railroad company or street railway, or by the signature of the officer whose name is signed upon the tickets or coupons or other evidence of the right to travel on same, which such agent may be authorized to sell. (Id., Art. 1069.) Sec. 1046. Penalty—Any one violating any provision of the next preceding section shall, upon conviction, be fined not 348 Revised Code of Ordinances less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each and every offense. (Id., Art. 1070.) : Sec. 1047. Must Show Certificate of Authority When De- manded—lIt shall be the duty of every person or persons, firm or corporation, or any officer, agent, servant or receiver of any corporation, for and in its behalf, now or hereafter en- gaged in the business of railroad ticket broker, or any other person or persons, with or without license therefor, in Hous- ton, Texas, who shall be authorized to sell tickets or parts of tickets, or other evidence of the holder’s right to travel over any railroad or street railway, upon demand to exhibit to any person desiring to purchase such ticket or tickets or parts of tickets, or other evidence of the holder’s right to travel over any railroad or street railway, or to any officer of the law who may request it, a certificate of his authority to sell, and to keep said certificate posted in a conspicuous place in his office for the information of travelers. (Id., Art. 1071.) Sec. 1048. Penalty—Any one violating any provision of the next preceding section shall, upon conviction, be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each and every offense. (Id., Art. 1072.) Sec. 1049. M. K. & T. to Stop Trains at Houston Avenue Crossing; Penalty—That it shall be the duty of the Missouri, Kansas & Texas Railroad Company of Texas, its officers, agents. and employees in charge of trains whether entering or leaving the City of Houston, and whether freight trains, passenger trains or mixed trains, to bring said trains, and each of them, to a full stop before crossing Houston Avenue, in the City of Houston, Texas, and any engineer or conductor in charge of any train entering or leaving the City of Houston, whether freight train, passenger train or mixed train, who shall fail to stop said train as required by this section, or other person having authority to stop same and failing to do so, shall be guilty of an offense and upon conviction thereof in the Corporation Court shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), and it shall be a separate offense also in each case on the part of the corporation, the Missouri, Kansas & Texas Railroad Company of Texas, which shall be fined also in addi- tion to the fine imposed upon its employee chargeable with the failure to stop. Said Company may be fined in any sum not less of the City of Houston 349 than Fifty Dollars ($50.00) nor more than Two Hundred. Dollars ($200.00). (Oct. 10, 1910, Ord. Bk. 2, p. 590, Sec. 1.) Sec. 1050. Full Stop of Trains at Pinckney Street; Pen- alty—That it shall be the duty of each and every engineer in charge of any engine crossing in either direction said Pinckney Street on the railroad track of the Missouri, Kansas & Texas Railway Company of Texas, to bring his engine to a full stop at or about one hundred (100) feet from the center of said - Pinckney Street, and before putting his engine again in motion, it shall be the duty of said engineer to blow his whistle and ring his bell. Any engineer violating this section shall be guilty of a mis- demeanor, and shall upon conviction thereof in the Corporation Court be fined in any sum not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00). (Aug. 18, 1906, Ord. Bk. 2, p. 351, Sec. 1.) 350 Revised Code of Ordinances CHAPTER XXXVI. Saloons, Regulation, Etc. Sec. 1050a. Selling Intoxicants to Minors, Etc.—Any per- son who sells, gives or delivers any spirituous, vinous or malt liquors to any minor, student or pupil of any school, or to any person for the use of such minor, student or pupil, must be fined not less than One Dollar ($1.00) nor more than One Hundred Dollars. (Code 1904, Art. 650.) Sec. 1051. Minors Obtaining Liquors by Deception—Any minor who shall obtain or endeavor to obtain any vinous, spirituous or malt liquor from any retail liquor dealer, his agent or employee, by means of false representations, pretense or statement to the retail liquor dealer, his agent or employee, that such minor has attained his majority, or is twenty-one years of age or more, must be fined not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (1Id., Art. 654.) Sec. 1052. Aiding Minors to Obtain Liquor by False Statements—Any adult who shall make to any retail liquor dealer, his agent or employee, any false pretense, statement or representation as to the age of a minor, with the intent and purpose to induce such retail liquor dealer, his agent or em- ployee, to give, deliver or sell any vinous, spirituous or malt liquors to such minor, must be fined not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 655.) Sec. 1053. Loitering or Loafing Around Saloons in Resi- dence Districts, Etc.—That it shall be unlawful for any person to loiter or loaf in or around any saloon or place where intoxi- cating liquors are sold, which is situated within a residence section of the City of Houston, as hereinafter defined. If a person go into such establishment to purchase liquor, not to be drunk on the premises, he shall remain only so long as is reasonably necessary to purchase his liquor and to carry the same therefrom; if he remains longer, he is guilty of loitering and loafing, as prohibited in this section. If any person go into such establishment to purchase liquor to be drunk on the premises, he shall remain only so long as is reasonably necessary to buy and drink his liquor, and shall leave the of the City of Houston 351 premises; if he stay in and around said premises longer, he is guilty of loitering or loafing, as prohibited in this section. If any person shall remain in and around such establishment, loitering and drinking from time to time, he shall be guilty of loitering and loafing, as prohibited in this section. (July 29°. 90 17 Ordisbkwe2npe 420, mete ls) Sec. 1054. Penalty—Any person loitering or loafing in or around any saloon or place where intoxicating liquors are sold, situated within a residence section of the City of Houston, as defined and prohibited in the preceding section, is guilty of an offense, and upon conviction thereof in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) for each offense. (ld., Sec. 2.) Sec. 1055. Proprietor Permitting Loitering, Etc., Around His Establishment, Etc.; Penalty—If any person, the pro- prietor of any saloon or place where intoxicating liquors are sold, which is situated within any residence section of Houston, as herein defined, shall permit any person or persons to loiter or loaf in and around his establishment, as such terms are defined in Section 10538, or shall permit persons to congregate and remain in and around such premises, he shall be guilty of an offense, and upon conviction thereof in the Corporation Court he shall be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) for each offense. (Id., Sec. 3.) Sec.1056. Saloon in Residence District, Etc.; Defined—A saloon or place where intoxicating liquors are sold is situated within a residence section of the City of Houston, in the mean- ing of the term as used in Section 1058, first, when the majority of the houses in the block or square in which said establish- ment is situated are places of residence, and not business houses; or second, when in the particular block or square, and in the tier of blocks surrounding same, taking them together as a whole, there are more residences than business houses; or third, when there is either a school or a church situated within four hundred (400) feet of said saloon or place where intoxicating liquors are sold. (Id., Sec. 4.) Sec. 1057. Unlawful to Purchase Intoxicating Liquor on Sunday; Penalty—That it is unlawful for any person to pur- chase intoxicating liquor in, about or from any saloon, bar- room or place where intoxicating liquors are sold at any time 352 Revised Code of Ordinances on Sunday; and any person so doing shall be guilty of an offense, and on conviction in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) for each offense. Each purchase shall constitute a separate offense. (Sept. 14, 1909, Ord. Bke2. pibd3,cmecs tLe) Sec. 1058. Unlawful to Drink Intoxicating Liquor in, Etc., Saloon on Sunday; Penalty—That it is unlawful for any person other than the owner of such establishment to drink in- toxicating liquor in or-about any saloon, bar-room or place where intoxicating liquors are sold at any time on Sunday; and any person so doing shall be guilty of an offense, and on conviction in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) for each offense. (ld., Sec. 2.) Sec. 1059. Loitering, Etc., in, Etc., Saloon on Sunday Pro- hibited; Penalty—That it is hereby declared unlawful for any person or persons at any time on Sunday, to congregate in or about any saloon, bar room or place where intoxicating liquors are sold; and any person or persons so doing shall be guilty of an offense, and on conviction in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) for each offense. (Amendment Jan. 28, 1914, Ord. Bk. 4, p. 74, Sec. 1.) Sec. 1060. Definition Term “At Any Time on Sunday’— By the term, “at any time on Sunday,” as used in the next three preceding sections, is meant any time after twelve o’clock midnight on Saturday and prior to twelve o’clock midnight on Sunday. (ld., Sec. 4.) . Sec. 1061. Buying or Drinking in, Between Certain Hours Prohibited—It shall be unlawful for any person to either buy or drink within any saloon or place where intoxicating liquors are sold any intoxicating liquor after 9:30 o’clock p. m. on Saturday and between that hour and 6 o’clock a. m. on the following Monday of any week; or between the hours of 9:30 p. m. and 6 a. m. of the following morning of any week day and it shall be a separate offense each time a person either buys or drinks intoxicating liquor either in or at said place within the prohibited hours. (Amendment Jan. 28, 1914, Ord. Bk. 4, p. 74, Sec. 1.) Sec. 1062. Penalty—That any person who shall violate the provisions of the preceding section shall be deemed guilty of the City of Houston 3538 of a misdemeanor, and upon conviction shall be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00). (1d., Sec. 1.) Sec. 1063. Construction Two Preceding Sections—The prohibitions contained in the next two preceding sections shall not be construed as authorizing the keeping open of any saloon or place for the sale of intoxicating liquors, or the sale or purchase of intoxicating liquors at any time when said acts are prohibited by the laws of the State of Texas. (Id., Sec. 8.) Sec. 1064. Unlawful to Conduct Saloon Without License; Penalty—That it is unlawful to conduct any saloon or place in which intoxicating liquors are sold at any locality in the City of Houston, unless the conduct of such business at such place has been duly licensed both by the City of Houston and by the State of Texas and County of Harris; and it is hereby declared unlawful for any person to lease to another any property or premises for the purpose of being used as a saloon or place at which to sell intoxicating liquor, unless such lessee is duly licensed both by the State of Texas and County of Harris, and by the City of Houston, to conduct such business in the said premises; and any person so conducting any saloon or place where intoxicating liquors are sold in any locality in the City of Houston without being so duly licensed or any person so leasing such property with the knowledge that the lessee has not such licenses both of the State and County and of the City, or after being notified by the City of Houston or other department of the government that such lessee has not such licenses, shall be guilty of an offense, and on conviction thereof in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each offense, and it shall be a separate offense for each day that said property is leased for such unlawful purposes. (Sept. 9, 1907, Ord. Bk. 2, p. 448, Sec. 1.) Sec. 1065. When Saloon Is Licensed—No saloon or place in which intoxicating liquors are sold shall be considered licensed, within the meaning of the preceding section, unless the said licensee has both a valid existing license from the City of Houston and a valid existing license from the State of Texas and County of Harris, to conduct such business at the par- ticular property sought to be leased. (Id., Sec. 2.) Sec. 1066. What Term ‘Person’ Includes—The term “person,” as applied to the lessor in Section 1064, shall include 354 Revised Code of Ordinances any person, individual, corporation, partnership, or other as- sociation of persons. Sec. 1067. Persons Forbidden to Purchase Intoxicating Liquor from Saloon, Etc., Not Licensed; Penalty—That it is unlawful for any person to purchase intoxicating liquor in or from any saloon, bar room or place where intoxicating liquors are sold, unless such place is, at the time of purchase, duly and legally licensed as a saloon or place where intoxicating liquors are sold, both by the State and County of Harris, and by the City of Houston, and any person so doing, with knowl- edge that such place has not been duly licensed by the City of Houston, or after being informed that such place has not been duly licensed by the State of Texas and County of Harris, or by the City of Houston, shall be guilty of an offense, and on conviction in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) for each offense. Each purchase shall con- stitute a separate offense. (Sept. 9, 1907, Ord. Bk. 2, p. 449, Sec. 1.) Sec. 1068. Persons Prohibited from Drinking Intoxicat- ing Liquor in, Etc., Unlicensed Saloon; Penalty—That it is hereby declared unlawful for any person to drink intoxicating liquor in or about any unlicensed saloon, bar room or place where intoxicating liquors are sold, and any person so doing with knowledge that said place is not duly licensed, or after being informed that such place is not duly licensed, shall be guilty of an offense, and on conviction in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) for each offense. (Id., Sec. 2.) Sec. 1069. Persons Prohibited from Congregating in, Etc., With Knowledge Saloon Not Licensed; Penalty—That it is hereby declared unlawful for any person or persons to congre- gate in or about any unlicensed saloon, bar room or place in which intoxicating liquors are sold, and any person or persons so doing with knowledge that said place is not duly licensed, or after being informed that such place is not duly licensed, shall be guilty of an offense, and on conviction in the Corpora- tion Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) for each offense. (Id., Sec. 3.) Sec. 1070. Definition Term ‘‘Licensed Saloon, Etc.”—By the term ‘“‘licensed saloon or place where intoxicating liquors - of the City of Houston 355 are sold,” or by the terms “duly licensed” and “legally li- censed,” as applied to such places in this chapter, is meant a saloon or place where intoxicating liquors are sold which is at the time legally licensed by both the State of Texas and - County of Harris, and by the City of Houston; and if said place, or the proprietor thereof, does not have at the time a lawful license from the City of Houston then in force, or does not have a lawful license from the State of Texas and County of Harris then in force, such place is not, within the meaning of this chapter, either licensed or duly licensed or legally licensed, as those terms are used in this chapter. (ld., Sec. 4.) Sec. 1071. Saloon Prohibited in Certain District—It is hereby declared unlawful to conduct any saloon or place in which intoxicating liquors are sold within the following limits, to-wit: Beginning at a point on Buffalo Bayou where Buffalo Bayou intersects with a line 100 feet west of the line of Heiner Street; thence south in a line distant 100 feet from Heiner Street to a point 100 feet north of the line of San Felipe Street; thence west in a line distant 100 feet from San Felipe Street to a point distant 100 feet east from the line of Valentine Street; thence north to a point distant south 150 feet from the line of Howard Street produced; thence west in a line dis- tant 100 feet north of San Felipe Street to a point distant 100 feet east of the line of Lamb Street; thence north in a line which is distant 100 feet east from the east side of Lamb Street to a point 100 feet north of the north line of Howard Street; thence west to a point 100 feet east of the east line of Timp- son Street; thence north to Buffalo Bayou; thence down Buffalo Bayou to the place of beginning, according to the map of the Stewart Abstract Company. The City Council shall issue no license to conduct a saloon or liquor business within said district. (Aug. 17, 1908; Ord. Bk. 2, p. 481, Sec. 1.) Sec. 1072. Penalty—Any person violating the preceding section shall be guilty of an offense, and upon conviction there- of in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than Two Hundred Dol- lars ($200.00), and each day said saloon, bar room or place where intoxicating liquors are sold is so conducted in violation thereof will be deemed a separate offense. (Id., Sec. 2.) Sec. 1073. Sleeping in Saloon, Etc., Prohibited; Penalty— Any person who sleeps in any theatre, playhouse or house 356 Revised Code of Ordinances where spirituous, vinous or malt liquors are kept for sale shall be fined not less than One nor more than One Hundred Dollars. (May 22, 1905; Ord. Bk. 2, p. 187, Sec. 1.) Sec. 1074. Preceding Section Does Not Apply to Owners, Etc.—The preceding section shall not apply to owners or pro- prietors of such places, nor to persons regularly employed therein. (Id., Sec. 2.) of the City of Houston 357 CHAPTER XXXVII. Sewers, Plumbing, Etc. Article 1.—General Provisions. 2.—Laying of Lateral Sewers by Property Owners. ARTICLE 1. GENERAL PROVISIONS. Sec. 1075. City Engineer to Examine Plans—(a) The City Engineer is hereby charged with the supervision of plumbing and drain laying and shall keep a record of all per- sons qualified to do plumbing or drain laying in the City of Houston. It shall be the duty of said City Engineer to receive and examine all plans presented to him for plumbing and drain laying, and he shall approve such as are in accordance with — the ordinances of the City of Houston, and shall reject such as are not in accordance therewith, stating his reasons for rejec- tion, if requested to do so. (Oct. 31, 1910; Ord. Bk. 3, p. 1, Sec. 1.) Shall Inspect Before Covered—(b) He shall inspect or cause to be inspected all plumbing or drain laying before same is covered up, and when same is completed in accordance with the plans and specifications to his satisfaction, shall issue a certificate to the person doing the work, that same has been done in a proper and lawful manner. (Id.) When He Shall Decline to Certify—(c) In case said plumbing and drain laying has not been done in a. proper man- ner, either because of bad or imperfect work, or bad or im- perfect material, he shall refuse to certify said work and shall report that fact to the Mayor of said city and to the person for whom the work is being done. (Id.) When Work is Not Done According to Plans, Etc.—(d) And should said plumber or drain layer refuse to complete said job of work in accordance with the plans and specifica- tions to the satisfaction of said Engineer, it shall be the duty of said Engineer to report said fact to the owner of the prem- ises and to the Board of Examiners hereinafter provided, and to refuse to grant said plumber or drain layer a permit to do any further plumbing or drain laying, as the case may be, until said work has been properly done. (Id.) 30 | 358 Revised Code of Ordinances Sec. 1076. Definition Terms ‘Plumbing,’ ‘“Drainage’’ and “Drain Laying’—That when the terms “plumbing,” “drainage” or “drain laying’? are: mentioned in this article it shall be held to include and govern all work done and ma- terials used: (a) In introducing, maintaining and extending a supply of water through pipe or pipes or any appurtenance thereof, in any building, lot, premises or establishment. (b) In connecting or repairing any system of drainage whereby foul, waste or superfluous water, gas, vapor or other fluids are discharged or proposed to be discharged through a pipe or pipes from any building, lot, premises or establish- ment into any public or house sewer, drain, pit, box, filter-bed, or other receptacle, or into any natural or artificial water course flowing through public or private property, or in ven- tilating any house sewer or any fixture or appurtenance con- nected therewith. (Amendment March 9, 1914.) Sec. 1077. Permits—(a) No person shall make any con- nection with or opening into any public or private sewer, nor lay any drains, nor do any plumbing within the City of Hous- ton, without first having procured a permit for the particular job of work to be done from the City Engineer of said city and the City Engineer shall issue permits only after an appli- cation for same is made by the plumber or drain layer, accom- panied by plans and specifications showing the work to be done to the satisfaction of said City Engineer. (Oct. 24, 1910; Ord. Bke3 ap slsoeCece) When Permit Shall Not Be Granted; Examining Board— (b) And said City Engineer shall issue no permit for plumb- ing to any person who has not first been regularly licensed to do plumbing by the Examining and Supervising Board of Plumbers, composed as follows: The City Engineer, the Chief Plumbing Inspector, the City Health Officer, in his capacity as a member of the local Board of Health, and one master plumber of ten years’ experience and one journeyman plumber of at least five years’ experience ; said Board to be appointed by the Mayor and confirmed by the Board of Aldermen of said city, on or before the first Monday in November of each succeeding year, and a majority of said Board shall constitute a quorum and shall be a sufficient num- ber to grant or refuse a license. The several members of said Board (unless reappointed) shall hold office as members there- of for a term of not to exceed one year from the date of their of the City of Houston 359 respective appointments, but no member of said board shall hold office for any fixed term, but shall always be subject to removal by the Mayor, or may be removed by the City Coun- cil, at the pleasure of the Mayor and Council, or either of them. The Examining and Supervising Board of Plumbers so cre- ated shall examine and pass upon all persons now engaged in the business of plumbing, whether as a master plumber, em- ploying plumber, or journeyman plumber in the City of Hous- ton, and all persons who may hereafter wish to engage in the business of plumbing as master plumber, employing plumb- er or journeyman plumber. All persons engaged in the business of plumbing, whether as a master plumber, employing plumber, or journeyman plumb- er, in the City of Houston, shall submit themselves to the Board for examination, and in default of so doing, it shall be. unlawful for them to engage in the business of plumbing, un- less and until examined and licensed. The Board shall issue a license ‘to such persons only as shall successfully pass a required examination; but are required to . issue license to all persons who shall successfully pass the re- quired examination, and shall not deny a license to any person who has successfully passed the required examination, be- cause of any other fact or consideration. Master plumbers, journeymen plumbers, employing plumbers, and plumbers generally, not residents of the City of Houston, but coming here for the purpose of doing work, shall be entitled to re- ceive a license on standing the required examination. If such persons exhibit a license in force issued by any law- fully organized Examining and Supervising Board of Plumb- ers in the State of Texas, license shall issue to such persons without examination, said license to terminate at the date of termination of the license they already hold, not to exceed one year from date of application to the Houston Board. Examination of drain layers by the Board shall not be re- quired. The Board shall register in a book to be kept for that pur- pose the names and places of business of all persons to whom a plumbers’ license is issued. They shall not issue license for more than one year, but the same shall be renewed from year to year Upon proper appli- cation. Each applicant for examination for plumbers’ license shal] pay to such person as the Examining and Supervising Board 360 Revised Code of Ordinances of Plumbers may designate to receive the same, the sum of Three Dollars ($3.00) for each master plumber examined, and the sum of Two Dollars ($2.00) for each journeyman plumber examined, which fees may be used by said Board to defray any of its legitimate expenses, the residue, if any, to be paid over to the Treasurer of the City of Houston. Members of the Examining and Supervising Board of Plumbers shall receive no compensation for their services on said Board. Said license shall be non-transferable and said examination and examination fee shall not be required of the same person more than once. (ld.) Sec. 1078. Shall Have Examining and Supervising Board License; Bonds—No license shall be issued for the City of Houston by the City Engineer to any plumber, unless he shall — first exhibit to the City Engineer a lawful license in full force and effect issued by the Examining and Supervising Board of Plumbers of the City of Houston, nor until he has given a good and sufficient bond, satisfactory to the Mayor of the City of Houston, as follows: (ld., Sec. 3.) Each master plumber shall give a bond in the sum of Two Thousand Dollars ($2000.00), and each drain layer shall give a bond in the sum of One Thousand Dollars ($1000.00) ; said bond shall be conditioned upon the faithful performance and observance of all ordinances of the City of Houston pertain- . ing to plumbing and drain laying, or excavations, and all rules and regulations and specifications established under said or- dinances, and conditioned further, that said plumber or drain layer will indemnify and save harmless the City of Houston and all other persons against all accidents and damages caused by any negligence in protecting the work, or by any unfaithful or unskilled work done by themselves. (Amendment Jan. 21, 1914.) | Said bond shall be for the benefit of any person aggrieved or injured by reason of failure to properly observe the ordi- nances of the City of Houston in the execution of said work. Said bond shall be renewed on the first day of March of each successive year, or sooner on demand by the Mayor. And if a firm or corporation be engaged in a plumbing or drain lay- ing business the actual work of plumbing can be done only by some person licensed by the Examining and Supervising Board of Plumbers, and holding a valid license issued by the City of Houston through the City Engineer, after giving the bond required by law. | of. the City of Houston 361 — The City Engineer shall issue no license to a drain layer un- til he has first given the above bond, and satisfied the Engineer of his competency. (lId., Sec. 3.) Sec. 1079. Filing of Plans—(a) It shall be the duty of every plumber and drain layer before commencing the con- struction of new or reconstruction of old work to file in the office of the City Engineer duplicate plans of all work ex- pected to be done, showing the course and grade of all drain pipes, course and location of all soil, waste and vent pipes, the arrangement and connection of all fixtures, the position of all traps and the manner of ventilating them and such other and further details as the City Engineer may require. Plans to Be O. K.’d by Plumbing Inspector—(b) It shall be the duty of said Engineer to refer said plans to the Plumb- ing Inspector for his opinion, and to examine said plans, and if he approves same, he shall put his O. K. and signature upon one copy of said plans and return same to the party filing same, and shall file away in the archives of his office the du- plicate copy for reference, and shall issue a permit for doing this particular work. Application to Be O. K.’d by Water Department—(c) But if the work in any way affects the Water Department the Engineer shall in no case issue the permit, unless and until the applicant first exhibits to the Engineer a permit to do the par- ticular work from the Water Department. Plans Shall Not Be Changed, Except—(d) Any plumber or drain layer who shall make any material variation in the work done under said approved plan without first having sub- mitted same to the City Engineer for approval, and without having secured said approval, shall be guilty of an offense. Plumbing or Drain Laying Work Without Permit an Of- fense—(e) And any person who shall do any plumbing or drain laying work, for which particular work a permit has not been issued by the City Engineer, shall be guilty of an offense. Must Have Water Department Permit—(f) Any plumber or drain layer doing work on any water pipe or connection must procure a permit from the Engineer’s Department, and the City Engineer shall in no case issue a permit for any work in any way affecting the Water Department until the appli- cant shall first exhibit to the Engineer a permit for the par- ticular work from the Water Department, and if any plumber shall do such work without first procuring said permit from 362 Revised Code of Ordinances the Water Department, he shall be guilty of an offense. (lId., Sec. 4.) Sec. 1080. Must Show Permit and License—(a) It shall be the duty of every person doing work as a plumber or drain layer in the City of Houston to show his certificate issued by the Board of Examiners, as hereinbefore provided, and his city license and permit to any inspector of plumbing, sanitary policeman, or regular policeman, who shall ask to see same. Certificate and License—When Canceled—(b) Said cer- tificate and city license shall specify the kind of work the per- son is entitled to engage in, whether plumbing or drain laying, or both. Said certificates and city license shall remain in full force and effect (except when otherwise specified in this ar- ticle) one year from date issued, unless sooner suspended or canceled by the Board of Examiners or City Engineer, and said Board of Examiners and City Engineer are hereby author- ized to cancel and recall the certificate, or the city license, re- spectively, of any plumber or drain layer who has been twice convicted of violation of the plumbing ordinances of said city, or who shall refuse to do any specific job of work in accord- ance with the plans and specifications O. K.’d by the City Engi- neer. No work done by any plumber or drain layer without having first procured a permit therefor shall be accepted by the City Engineer or Chief Inspector of Plumbing. But it shall be the duty of said City Engineer or Chief Plumbing In- spector to report each and every such case to the Mayor and also to the person for whom said work is being done. (Id., Sec. 5.) Sec. 1081. Shall Have Deposit With City Assessor and Collector to Cover Inspections—(a) It shall be the duty of every licensed plumber or drain layer to deposit with the City Assessor and Collector of Taxes, not to be returned except on the written order of the Engineer, a sum sufficient at all times to pay the fee of inspection of work to be done by such plumber or drain layer, and also the amounts provided for in Regula- tion 101 herein. For each inspection the sum of One Dollar ($1.00) will be charged against the deposit, and the City En- gineer shall be the judge of the number of inspections to be made. No permit shall be issued to any plumber or drain layer for any particular job of work until said deposit has been made to the satisfaction of said City Engineer. Notify City Engineer When to Inspect—(b) It shall be the duty of all plumbers and drain layers to notify the City of the City of Houston 363. Engineer when the work is ready for inspection, and no work shall be covered up or concealed until it is inspected and ac- cepted by said Engineer. Covering Up Work Not Inspected, an Offense—(c) And any plumber or drain layer who shall do work and shall cover up and conceal same without having notified the City Engineer and without having had said work inspected by him shall be guilty of an offense. Work—By Whom Done—(d) All work must be done by the plumber or drain layer in whose name the permit is issued, and when the work is done by a firm or corporation the permit must be issued in the name of the person doing the work for said firm, who must be a regular licensed plumber. City Engineer’s Blank Must Be Used—(e) All permits must be upon blank forms furnished by the City Engineer and shall be written with ink and shall give a clear description of the property to be drained, and the drains to be constructed and the list of vaults, water closets, sinks, down-spouts and all other fixtures to be connected therewith, a copy of which permit shall be retained by the City Engineer and filed along with the plans of the work authorized to be done under said permit. (lId., Sec. 6.) Sec. 1082. Plumbers, Etc., Without License, Etc., Shall Not Be Employed, Etc.; Water May Be Cut Off—That it shall be unlawful for any person, firm or corporation, or agent, receiver or trustee, to cause or permit any job of plumbing or drain laying or make any connection with, or opening into, any private or public sewer or lay any drains or do any plumb- ing in connection with any property owned, managed or con- trolled by such person, firm or corporation, agent, receiver or trustee, unless the plumber or drain layer doing said work has been licensed and registered as required by the ordinances of the City of Houston, and has received a permit from said city as by ordinance required to do said particular plumbing or drain laying work, and any person, firm or corporation, agent,,. receiver or trustee, causing or permitting any such work to be done in violation of the provisions hereof, shall be guilty of an offense, and in addition to such penalties as are imposed by ordinance the City of Houston shall have the right to cut off the water supplied to such property by it through its pipes and to refuse to turn on and furnish water to said property until the violations of this section have been corrected to the satisfaction of the Plumbing Inspector and Water Commis- sioner. (Feb. 19, 1914; Ord. Bk. 4, p. 171, Sec. 1.) 364 Revised Code of Ordinances Sec. 1083. City Shall Have Right to Connect With Pri- vate Sewers—The city shall have the right at all times, through the City Engineer or Chief Plumbing Inspector, to connect with and use any private sewer built upon any public street, alley or highway, to use the same for any public pur- pose, or to reconstruct or close up or disconnect any private sewer which may from any cause have become a nuisance. (Oct. 24, 1910; Ord. Bk. 3, p. 1, Sec. 7.) Sec. 1084. Deposits, Etc., in Sewers, Etc., Prohibited; Connections by Slaughter Houses, Etc.—(a) No person shall deposit or throw into any sewer, manhole, catch basin or flush tank, or into any private drain connecting with public sewer, any straw, hay, shavings, tinner’s scraps or refuse of ° manufactories, ashes, rags, garbage or any other substance which may cause the sewer or drain to become stopped. No slaughter house, rendering establishment, chemical works, steam engine or exhaust of boilers, by which, in the opinion of the City Engineer, anything will be discharged into sewers, tending to injure them, or to cause obstructions or a nuisance, shall be connected with the public sewers, except through a catch basin, or in some other manner that will prevent injury to the sewer. Manholes Not to Be Used as Water Closet, Without Per- mission, Etc.—(b) No manhole shall be used as a water ' closet without permission from the City Engineer or Plumbing Inspector, and then only by complying with the rules and blue prints on file at the office of the City Engineer. (Amendment March 9, 1914.) Sec. 1085. Obstruction to Sewer—If the drainage dis- charged from any slaughter house, chemical works or manu- facturing establishment shall form a deposit obstructing a sewer, or if ashes, manure, rags or any other substance thrown into a sewer or sewer inlet shall choke or obstruct the same, the City Engineer shall immediately remove the obstruction, and shall certify an account of the cost to the person or per- sons causing the obstruction, and if said person or persons shall neglect or refuse to pay said sum so certified to into the city treasury within five days after demand, he or they shall be guilty of an offense, and in addition thereto the City. of Houston, in any court having jurisdiction, may recover the amount of cost thereof, including a reasonable amount as at- torney’s fees. (Oct. 24, 1910; Ord. Bk. 3, p. 1, Sec. 9.) of the City of Houston 365 Sec. 1086. When Engineer Has Power to Stop, Etc., Dis- charges Into Sewers—The City Engineer shall have the power to stop and prevent from discharging into any public sewer any private sewer or drain through which substances are dis- charged that are liable to obstruct or clog the public sewer or in any manner injure it, and to that end may, after five days’ notice to owner or owners thereof, disconnect any such private sewer or drain, and it is made his duty to do so. (Id., Sec. 10.) 3 Sec. 1087. Down Spouts, Etc., Not Permitted to Connect With Sanitary Sewers—No down-spouts, yard or street drains or street gutters will be permitted to connect with the sani- tary sewers. (lId., Sec. 11.) Sec. 1088. Privy Vaults, Etc., Must Have Flushing Ar- rangements—All privy vaults or water closets connecting with the public sewers must have flushing arrangements con- nected therewith, and if not provided after ten days’ notice it - shall be the duty of said Engineer or Inspector to discon- nect same. (lId., Sec. 12.) Sec. 1089. Inspections of Manholes, Catch-Basins Month- ly—The City Engineer will make, or cause to be made, by a competent inspector, a thorough and complete inspection of all sewers, manholes and catch-basins at least once every month, and shall make a written report to the Council, showing the condition of sewers, manholes and catch-basins, at the first regular meeting in each month, a copy of which shall be kept on file in said Engineer’s office. Such report shall state the number and character of obstruc- tions found in sewer pipes, if any, and the cost of removing such obstructions. He shall keep and maintain, in proper books, a complete record of all matters pertaining to the main- tenance of the public sewers, and shall at the end of the fiscal year make a full report of the same to the Mayor and Council. Such report shall show the total number of private house con- nections with the public sewers, and the number of such con- nections made during the year. (Id., Sec. 13.) Sec. 1090. Septic Tanks—That it shall be lawful to con- struct sanitary septic tanks in those portions of the City of Houston not within three hundred (800) feet of any sanitary sewer, provided, that in the construction of any such tank, plans and specifications for the same shall be submitted to the office of the City Engineer showing the location and size of 366 Revised Code of Ordinances same and the number of persons it is designed to serve, and a duplicate of said plans and specifications shall be filed with the City Engineer as in other applications for permits. Provided further, that before the construction of said septic tank is begun a permit therefor shall be obtained from the office of the City Engineer. Said septic tank herein provided for shall be abandoned and discontinued as soon as sanitary sewer connections are available and whenever there is a sanitary sewer within three hundred (300) feet of said septic tank, connection therewith must be made; provided, that should any septic tank become a nuisance through negligence on the part of the owner or lessee, that same shall be remedied by the owner or lessee thereof, and in case of failure by the City Health Department at the expense of said owner or lessee; and provided further, that the Sanitary Police Officers are hereby authorized to in- spect said septic tanks periodically and to report the condi- tion of same to the Chairman of the Health Department, or City Health Officer; and provided further, that said septic tank shall be discontinued at any time if in the opinion of the City Health Officer, or of the City Council, it is advisable so to do; and such tanks, when constructed, must be subject to such discontinuance by the City Health Officer or by the City Council. (Id., Sec. 14.) Sec. 1091. Special Provisions Affecting Water Depart- ment: Unlawful to Turn on Water—(a) It shall be unlawful for any person to turn on the water to any premises from which the supply has been turned off by authority of the City of Houston, without first having obtained a permit to do so from the Water Department of the City of Houston. Water Department Only to Give Permit—(b) No per- son, other than the properly authorized agents of the Water Department, shall be permitted to tap or make any connection with the mains or distributing pipes of the Water Works. No persons shall make any attachments or connections to the pipes belonging to Water Works or the pipes belonging to water consumers, nor make any repairs or additions to or alterations in any tap, pipe cock, or other fixture connected with the service water pipes, unless he shall have a pyateen permit from the Water Department. Must Report to Water Department Within Forty-Eight Hours—(c) Within forty-eight hours after completing any of the City of Houston 367 attachment or connection, or making any repairs, additions or alterations, the plumber shall make a true return, in writ- ing on permit, of all the work done by him under such permit, and file same in the office of the Water Department. Water Department’s Control of Pipes, Etc.—(d) That part of the service connection extending from the main to the curb, including the corporation cock, lead pipe, galvanized pipe, stop-cock and stop-cock box, and also the meter and me- ter-box, continues under the control of the Water Department, to be maintained by the Water Department, and cannot be re- moved, repaired or tampered with except by order from the Water Department. Pumps Shall Not Connect With Mains—(e)_ In all cases where private pumps are connected for the purpose of increas- ing the velocity or pressure of the water they will not be per- mitted to draw direct from the main. Such pumps must take the supply from a reservoir into which the water has already been delivered by ordinary water works pressure. Damage to Meters by Hot Water, Etc.—(f) In all cases where boilers or hot water tanks are supplied, the plumbing shall be done in such manner as will prevent the hot water from backing into the meter. The owner of the premises will be held responsible for all damages to meters resulting from hot water backing up into them. Stop-Cocks and Connections—(g) All water connections shall be provided with a stop-cock, placed within a cast iron box, leading from the same to the surface of the sidewalk ; the cover of which box shall have the word “‘Water’’ thereon, and the same shall be placed in the sidewalk, within one foot of the line of the curbstone, so that the word “Water” can be read from the sidewalk, but such work must be done by the Water Department only. Feed pipes for each premises must be equipped with an additional private stop and waste-cock for draining the premises to prevent freezing and for turning off water for repairs to defective plumbing. Fixtures and Stop-Cocks, Must Be Approved—(h) All stop-cocks and other fixtures used by plumbers must bear the maker’s trademark or name, and same shall be subject to the inspection and approval of the Water Commissioner. Valves for Water Troughs, Etc.—(i) Water troughs must be provided with a float valve to prevent overflowing, and the owners of troughs must keep the same in good working order. 368 | Revised Code of Ordinances Must Not Use Fire Service Pipes—(j) Service pipes in- tended for fire protection or for supplying power for elevators or other hydraulic motors, must not be tapped or used for the general supply of the premises; such supply must be taken through a separate service pipe. Fire Service Pipe—When Not Permitted—(k) No service pipe for fire protection will be allowed in premises that do not also have a pipe for the general supply of the same. Service for Elevators, Etc.—(1l) All service pipes for sup- plying hydraulic elevators, or other large motors, must have suitable air chambers attached thereto for the purpose of pre- venting water-ram in the pipes. And the owners or users of such elevators or motors must keep the same in good repair. so as to prevent all leakage or waste of water. They shall also, at their own expense, have placed in all service pipes intended for supplying hydraulic elevators or other hydraulic motors, water meters that shall record accurately the quantity of water used, and such meters shall be approved by the Water Com- missioner. : Water to Be Used Only as Application Asked For—(m) No person shall apply water to any use different from that named in the written application for water nor shall any con- sumer supply water to other persons or to other families, or suffer them to take water except for use on the premises for the purpose specified in the application, nor shall any person, after water is introduced into any building or upon any prem- ises, make or employ any plumber or other person to make, nor shall any plumber make any tap or connection with the works upon his premises, for altering, repairing, extensions, or attachments, without a written permit from the Water De- partment, specifying the particular change to be made and a permit from the City Engineer. No Connections Made Only on Order of Water Depart- ment—(n) No person shall in any case make connections with the supply pipes of another consumer of water unless, first, connection is made with the consent of the owner of the supply pipe, and unless, second, such connection is made on the sidewalk, or in the street, and not on the premises of the own- er of the supply pipe; nor shall such connection be made in any case except on written application to the Water Department, signed by the person desiring to make same, and on the permit from the Water Department of the city; and a permit also from the City Engineer. of the City of Houston 369 When Water Can Be Turned On—(0) Before water can be turned on to premises permanently, the owner of property must show to the Water Department a written order from the Plumbing Inspector, which shall state that the plumbing has been completed in strict accordance with the ordinances of the City of Houston, and is ready for the water to be turned on; any person turning on the water, or procuring another person to turn it on, without this order from the Plumbing Inspector, shall be guilty of an offense. Violations of Provisions This Section an Offense—(p) Any person violating the foregoing provisions and require- ments of this section, or any of them, or any part of same, shall be guilty of an offense. (Id., Sec. 14a.) Sec. 1092. Regulations Governing Construction and Ma- terials to Be Used in, Sewers, Drains, Plumbing, Etc.: Sewer Pipes to Be Laid in Direct Line, Etc.—(1) In laying - sewer pipes the plumber or drain layer shall lay them in a straight direct line from the opening in the city main or pri- vate sewer to the end of the house drain. How Sewers Shall Be Laid—(2) All sewers shall be laid with the greatest possible fall from the end of. the house drain to the main, or private sewer opening, and no line shall be laid with less than two per cent grade. All changes of direction must be made with Ys and one-eighth bends. The sewer pipe shall be vitrified earthenware, hard. burned, glazed and free from defects and cracks. Bowed or curved joints shall be termed defective. All pipes shall receive spigot ends with a clear space all around of at least three-sixteenths of an inch. Ditches Graded—(3) All ditches must be properly bot- tomed to a perfect grade before sewer pipe is laid. No sewer shall be laid on made or filled ground in bottom of ditches or otherwise, except as hereinafter mentioned. When sewer diches are cut through filled or made ground the pipe shall be laid on 2x10 cypress plank with piling at least eight feet cen- ters and of sufficient length to sink deeply enough in the ground to make a solid foundation. Ditches—Back Filling—(4) The back filling must be prop- erly and solidly tamped under the pipes and at its sides and to the height of twelve inches above it. Tile Pipes—Where Used—(5) No earthenware pipe shall be used nearer than four (4) feet from the outside of the foun- dation or outer wall of any house either approaching or paral- lel with such wall, or across ditches when suspended, and in 370 Revised Code of Ordinances no instance will the tile sewer pipe be allowed under a house of any kind. Where tile sewers exist now, or did exist before the passage of this ordinance, under houses or buildings, or pass- ing through property, or connecting adjoining premises to a public or private sewer, and other buildings or structures are to be erected over said tile sewer, such erection shall be gov- erned by the following: (a) The sewer must be in good condition and not less than 2 feet 6 inches under ground at the shallowest point under the building; (b) Only one connection will be permitted from the new or remodeled structure to said sewer and this connection must be made at some convenient point, either outside or under the building, and other branches — run shall terminate at this one central point only. (c) Such connections and such sewer will be governed by all other con- ditions required by this article. (Amendment March 9, 1914.) Sewer Connections—Separate—(6) Every building shall be connected with a public sewer where there is any such sewer in the street or alley adjoining such building or within three hundred (3800) feet thereof. Where two or more buildings are located on one lot fronting 125 feet or less on street, and this lot is owned by one party, one sewer connection to city main may be used for all; otherwise each building shall be in- dependently connected, but in such cases the common stem running to city sewer and to which the sewer from each house connects, shall in all cases, where possible, be run in the side- walk. Sewer Connections, How Made—(7) No person shall cut, tap or cause to be cut or tapped, any public or private sewer in which there exists a branch or junction opposite to the build- ing, lot premises, or establishment to be connected. Informa- tion concerning the location and depth of public and private sewers, and the position of branches or junctions will be fur- nished when requested by the City Engineer. All reasonable care will be taken to insure the correctness of such informa- tion, but such information will not be in any case guaranteed. Sewers; Covering, Etc.—(8) No part of such drain con- structed of tile shall be less than one and one-half feet below the surface of the ground, except on private property where there is no wagon traffic over same, which then may be laid with one foot covering, including street ditches. Such parts as are laid at the less depth must be made of extra heavy cast iron pipe with joints made as hereinafter pre- scribed for soil pipe, but in all cases where sewers are laid in the streets, avenues or alleys, they shall be at least one and of the City of Houston Sey one-half feet in depth below the surface, and an EXH cast iron increase must be used when cast iron pipe receive spigot ends of tile sewer pipes or house drains. (Amendment March 38, 1914.) Sewer; Final Connection—(9) No such drains shall be finally completed so as to admit the waste of the building to reach the public or private sewer until the plumbing in the building to be connected has been approved and passed by the City Engineer or Plumbing Inspector as being in full accord- ance with the rules herein set forth. Sewer; From One Lot to Another—(10) No person shall run or cause to be run a sewer through from his lot or portion of a lot or from any structure thereon, and connect with a sewer on or from another person’s lot, unless permission is granted by the City Engineer and by the owners of such other lot. | : Sewer Connections; When Compulsory—(11) The prop- erty owners who own real property within the distance of three hundred (300) feet of any public main or lateral sewer, shall, upon notice in writing from the City Health Officer, make proper and permanent connection with said sewers, and remove all surface privies and _ cesspools; and any person owning such real property who, after being given reasonable notice by order of the City Health Officer, shall fail to connect with said sewers, or remove or fill up such privies or cesspools, shall be guilty of an offense, and each day such failure shall continue shall constitute a separate offense. Sewer Connections, When No Y Exists—(12) Whenever it shall have been positively ascertained that no suitable inlet exists to serve the property concerned, and if the public or pri- vate sewer be a pipe sewer, 6, 8, 10 or 12 inches in diameter, the connection shall be made either by a cast iron saddle, ap- proved by the Plumbing Inspector, or by taking out a length of pipe and substituting therefor a “Y” branch of a proper size, the manner of making each connection to be as directed by the Plumbing Inspector. Sewers; When Tapped—(13) If the public or private sewer has a diameter of fourteen (14) inches or more, the plumber or drain layer shall cut a hole of the least practicable size in the sewer, and the connection shall be made by means of a connecting thimble of the same size and material as the house sewer and of such length that the hub shoulder thereof shall rest against the outer surface of the sewer and no portion extending within it. 372 Revised Code of Ordinances Sewer Joints, How Made—(14) All joints shall be made with Portland cement, or its equal, not more than two parts sand being used to one part cement. All joints must be made by first inserting a swab of the full diameter of the pipe, the bell shall be filled to the spring line with cement mortar, the spigot end properly inserted in the bell, the joint to be ce- mented on the outside to a bevel finish at the end of the bell and the swab drawn out and the pipe cleaned. Sewer Connections on Deep Sewers—(15) On deep sew- ers of more than seven (7) feet depth the stack or vertical when meeting a new grade shall be run in a recess cut in the side of the ditch to insure against its settling or buckling. Sewer Permits on Job—(16) The man in charge of the sewer ditch must be present when the work is inspected and have all permits with him. He must have a good level and line, and must give such necessary information as may be required of him. Sewers Covered Before Inspection—(17) No person shall cover, or cause to be covered, any house sewer, or other con- nection with a public or private sewer, without due inspec- . tion and approval of the same by the City Engineer or Plumb- ing Inspector. If this is violated the said Engineer or Inspec- tor shall make the excavation necessary for the examination at the expense of the plumber or drain layer, whose license shall be suspended by said Engineer until said expense is paid and for such longer period as the Board of Examiners may direct, and who shall be subject to prosecution for violation of the or- dinance as herein otherwise provided. Traps for House Sewers—(18) (Aug, 19) 1907; Ord. Bke 2, pr 439; Sec: 17) Sec. 1172. Conductor to Report Person Shifting Screens; Penalty—It is hereby made the duty of any conductor in charge of any street car whereon or in which any person, other than himself, shall shift or change from one _ position to another any screen or screens separating the two compart- ments of said car, to report said person so offending to the Corporation Court, and to file complaint against said offend- er, and any conductor who shall fail or refuse to report such violation shall be guilty of an offense, and upon conviction of Same in the Corporation Court shall be fined in any sum not more than Fifty Dollars ($50.00). (Id., Sec. 3.) Sec. 1173. Power of Conductor Over Screens and Passen- gers; Penalty—That the conductor in charge of any street car in which there are screens separating the compartments for the white and black races, is hereby authorized, in his dis- cretion, to shift and change said screens, and to require pas- sengers to occupy seats on the proper side thereof, and any person who shall fail or refuse to move to the seat proper for of the City of Houston A417 his own race, when directed so to do by the conductor, there being a seat on the proper side of the screen to which the passenger can move, shall be guilty of an offense, and upon eonviction of same in the Corporation Court, shall be fined in any sum not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00). (Id., Sec. 4.) Sec. 1174. Smoking on Car, Except Rear Platform, For- bidden—That it shall be unlawful for any person while with- in or being or riding within any street car upon or being oper- ated along any of the streets or ways of the City of Houston, to smoke any pipe, cigar, cigarette, tobacco or any other of- fensive substance in any form whatever; provided, however, that persons standing on the rear platform of such car shall be permitted to smoke while standing or remaining upon said rear platform, but shall not smoke as aforesaid upon the front platform or any other portion of said car, except as here- in specified... (Jan. 27, 1908; Ord. Bk. 2, p. 454, Sec. 1.) Sec. 1175. Conductor to Notify Violators of Nature Ordi- nance—lIt shall be the duty of the conductor or other person in charge of any street car in or being operated upon any street or way in the City of Houston to notify any passenger who violates or attempts to violate the next preceding sec- tion, as to the nature of said ordinance, and in case said per- son persists in smoking upon said car in violation of said sec- tion, it shall be the duty of said conductor to take the name of said person and of witnesses and to report said violation of said person together with said names to the Chief of Police, his deputy, or to any police officer, whose duty it shall be upon receiving said information to file a complaint before the Cor- poration Court against said person so offending. (Id., Sec. 2.) Sec. 1176. Copy of Ordinance to Be Posted in Every Car—It shall be the duty of the Houston Electric Street Rail- way Company to post a copy of this ordinance in a conspicu- ous place in each and every street car operated on the streets of the City of Houston. (lId., Sec. 3.) Sec. 1177. Penalty—Any person violating any provision of the next three preceding sections shall be deemed guilty of an offense and upon conviction thereof in the Corporation Court shall be fined in any sum not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00)... (1d.. Sec. 4.) 418 Revised Code of Ordinances Sec. 1178. Cannot Cut Belt, Except in Emergency—That when any street railway operating in the City of Houston has established a belt line, it shall be unlawful for any car or for the motorman, conductor or other person in charge of said car, to cut the belt with such car, except only in a case of im- perative necessity. (Mar. 22, 1909; Ord. Bk. 2, p. 541, Sec. 1.) Sec. 1179. Definition “Cutting Belt’; Penalty—By a car “cutting the belt” is meant, where a car running along a belt line leaves the said belt line and moves into the opposite side of the belt line at some point short of the end of the belt; that is, at some point short of the point at which the belt line turns for the purpose of moving back on its course. A belt line shall be considered as established in a certain course when the cars on said line customarily run in said course. Any person, corporation or association operating a line of street railways in the City of Houston, and the man- ager or superintendent of such street railway, and the con- ductor or motorman or other person in charge of the partic- vlar car which cuts the belt, contrary to the terms of this and preceding section, shall each be guilty of an offense, and en conviction thereof in the Corporation Court shall each be fined in any sum not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each of- fense, and it shall be a separate offense for each time the belt is cut contrary to the terms of this and preceding sections. (Id., Sec. 2.) ARTICLE 2. FARES, TRANSFERS. Sec. 1180. Rates of Fare for Adults—AlIl persons, firms, corporations or receivers, owning, running, leasing or operat- ing street railways upon and over streets within the corporate limits of the City of Houston, Harris County, Texas, are re- quired to carry passengers on said lines of street railway for a fare not to exceed the sum of five cents for passengers over the age of twelve years, for one continuous trip of any dis- tance within said city limits; provided, that nothing in any portion of this chapter shall be construed as an attempt to change the rate of fare fixed by an act of the Legislature of the State of Texas, regulating fares for children and students in certain cities and towns, approved April 10th, 1903. (Code 1904, Art. 1015.) of the City of Houston 419 Sec. 1181. Fares for Children Between Ages of Five and Twelve Years—All persons, firms, corporations or receivers owning, running, leasing or operating street railways upon and over the streets of said City of Houston are required to carry children of five years of age or between the ages of five years and not exceeding twelve years of age, within said City of Houston, at and for not exceeding one-half of the charge of fare regularly collected on said cars for the transportation of adult passengers. (Code 1904, Art. 1016.) Sec. 1182. Must Furnish Books for Half Fare—It shall be the duty of said person, firm, corporation or receiver so op- erating street railways in said city, to furnish and supply chil- dren of five years of age or between the ages of five years and not exceeding twelve years of age, with tickets good for the fare of such child or children over any of its lines within the said City of Houston; said tickets to be sold by the officers and agents of said railway company at its office in the City of Houston in books of not less than ten tickets to said chil- dren, their parents or guardians; said tickets to be good when presented by any child or children within the ages mentioned. (Code 1904, Art. 1017.) Sec. 1183. Must Give Transfers—That any person who has paid the fares provided for herein, or by the law passed by the Legislature of the State of Texas, hereinbefore referred to, shall be entitled to receive, and said person, firm, corpora- tion or receiver owning, running, leasing or operating any street railway within the corporate limits of said City of Hous- ton, as aforesaid, is required to give to such person transfer ticket to any line of street railway owned, run, leased or oper- ated by such person, firm, corporation or receiver, within said corporate limits of the City of Houston, which joins, connects with, crosses or intersects the line of street railway upon and over which said person has ridden, who has paid the fare pro- vided by this chapter or by the law of the State of Texas be- fore referred to, the said transfer ticket to be given such per- son on demand therefor, and said transfer ticket shall entitle such person, without further charge, to be carried on any such other line adjoining, connecting, crossing or intersect- ing the line on which the fare was paid, as aforesaid, owned, run, leased or operated by such person, firm, corporation or receiver, for a continuous trip of any distance on said line within the corporate limits of the said City of Houston, if passage be taken by the person holding the transfer on the first available car passing over the line named in the transfer 420 Revised Code of Ordinances after alighting from the car on the line on which the original fare was paid. (Code 1904, Art. 1018.) Sec. 1184. Cars Must Contain Notices of This Chapter— Each and every car or other vehicle subject to the provisions of this chapter shall be provided on the inside with two or more conspicuous notices containing so much of Section 1183 relating to transfer tickets as may be necessary, and it shall be the duty of every person, firm, corporation or receiver own- ing, leasing, running or operating such street railways, and of each and every person in charge of or operating the cars or other vehicles thereof, to provide such notices in said cars as aforesaid. (Code 1904, Art. 1019.) Sec. 1185. Penalty for Conductors Not Supplying Trans- fers—Any person, firm, corporation or receivers, owning, leas- ing, running or operating such street railways within the cor- porate limits of the City of Houston, or any manager or su- perintendent thereof, by failing to sell the books of tickets herein provided for, or by refusing to permit any child be- tween such ages to ride on such tickets, or who shall violate any provision or provisions of Sections 1180 to 1184, inclu- sive, shall be fined,*upon conviction, not less than Twenty-five and not more than One Hundred Dollars, and any conductor or other person in charge and control of any car violating any of the provisions of Sections 1180 to 1184, inclusive, by re- fusing to deliver such transfer ticket, when demanded by.a passenger entitled to same hereunder, or by violating said Sections 1180 to 1184, inclusive, or any of their provisions Shall be fined not less than Twenty-five nor more than One ~Hundred Dollars upon conviction. (Code 1904, Art. 1020.) Sec. 1185a. Penalty for Failure to Supply Books—Any manager, superintendent or other agent who shall fail or re- fuse to provide and keep supplied at any and all times a suffi- cient number of such transfers and children’s tickets, as before provided, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not less than Twenty-five Dollars and not more than One Hundred Dollars for each and every offense. (Code 1904, Art. 1021.) Sec. 1186. Not to Apply to More Than Two Lines—This chapter shall not be construed so as to require transportation to be furnished to any person over more than two lines of street railway for one fare. (Code 1904, Art. 1021.) of the City of Houston 421 Sec. 1187. Children Under Five to Be Transported Free; When—All such persons, firms, corporations or receivers are required to transport children of the age of five years, or less, when attended by a passenger of above such age, free of charge. (Code 1904, Art. 1021.) Sec. 1188. Free Transportation, to Whom, May Be Is- sued—That the Houston Electric Company, operating the sys- tem of city street railways in the City of Houston, is hereby expressly authorized and empowered to issue free passes and free transportation over said line of street railway, first, to all firemen or members of the Fire Department of the City of Houston; and second, to all police officers or policemen of the City of Houston; and all such firemen and members of the Fire Department, officers and policemen are expressly author- ized to accept and use such free passage or transportation. Clulyce L900 feeOrd, Bke 2 po 0a. eC. aL.) 34 422 Revised Code of Ordinances CHAPTER XLI. Streets, Sidewalks, Etc. Article 1.—Openings, Etc. 2.—Construction, Repairs, Etc. 3.—Obstructions. 4.—Awnings, Signs, Etc. 5.—Poles. 6.—Bill Posting. 7.—Traffic. 8.—Miscellaneous. ARTICLE 1. OPENINGS, ETC. Sec. 1189. Unlawful to Make Opening Without Permit— That it shall be unlawful for any person, firm or corporation or any officer, representative or employee of such corporation, to make or cause or permit to be made any cut or excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any pipe, conduit, duct, tunnel or other structure, or for any purpose whatsoever, without first obtaining from the City En- gineer a written permit to make such cut or excavation; pro- vided, that the City Engineer shall not grant permits for the eutting or excavation for main or trunk line pipes or conduits under the public streets, alleys, or other public places in the City of Houston, unless permission has been first secured there- for from the Mayor of the City of Houston. But the City En- gineer shall be authorized to grant a permit to lay any lateral or service pipe, where, in his judgment, it will be safe to do so, without the necessity of receiving the approval of the Mayor. (Oct. 28, 1913; Ord. Bk. 3, p. 487, Sec. 1.) - Sec. 1190. Openings for Main, Etc., Pipes Must Be Ap- proved by Mayor—When the Mayor shall approve the making of any cut or excavation for main or trunk line pipes or con- duits under the streets, alleys, sidewalks or other public places, his approval shall be endorsed upon an application addressed to the City Engineer, and upon said application and his approv- al thereof the City Engineer shall issue the necessary permit, of the City of Houston 423 upon the applicant complying with such restrictions and ob- ligations as the City Council may have attached to the grant- ing of the same. ~ (Id.) Sec. 1191. Written Application for Permit to Make Must Be Filed, Etc.—Every person, firm or corporation desiring to make any cut or excavation under the surface of any public street, alley, sidewalk or other public place in the City of Hous- ton shall file with the City Engineer a written application for a permit therefor, which application shall contain the residence or business address of the applicant and shall state in detail the location and area, length and width of each cut or excava- tion desired to be made, and said application shall also state that the applicant obligates and binds himself to defend at his own cost and expense any suit or suits, action or actions, claim or claims for damages which may be instituted against the city for any loss, costs, expense or damage charged or imposed upon it by reason of the granting of such permit or by reason of the manner in which said excavation is made or any work done in connection therewith; and said application shall also state that the applicant obligates himself to keep the excavated portion of such street in good repair for the period of one year > after the said excavation has been made and refilled. Said application in all cases shall be accompanied by a plat showing the location of each proposed cut or excavation pro- posed to be made in any street or alley or public place in the City of Houston, and the purpose for which the same is to be made and all such other details as the Engineer may require to be shown upon such plat; provided, however, that the filing of the plat shall not be required when the cuts or excavations are made-for service connections only, or for the purpose of locating trouble in connection with the pipes already laid, or in making repairs thereto. (lId., Sec. 2.) Sec. 1192. Unlawful to Make Other Opening, Etc., Than Called For and Shown on Application and Plat—It shall be unlawful for any person, firm or corporation or any officer, representative or employee of such corporation, to make or cause or permit to be made any cut or excavation or to install or maintain or cause or permit to be installed or maintained any pipe, conduit, duct, tunnel or other structure under the surface of any public street, alley, sidewalk or other public place at any other location than that described in the applica- tion and shown on the plat by such applicant as required by provisions of this article. (Id., Sec. 3.) 424 Revised Code of Ordinances Sec. 1193. Granting of Permit For, Not an Exclusive Grant—Every permit for an excavation in or under the sur- face of any public street, alley, or other public place shall be granted subject to the right of the City of Houston or of any other person, firm or corporation entitled thereto to use that part of such street, alley or other public place for any purpose for which said street, alley or other public place may be law- fully used; and provided further, that the granting of any per- mit hereunder for the purpose of locating or placing any pipe, conduit, duct, tunnel or other structure shall not be construed to grant to such person or corporation any fixed or vested right in such location, but all of same shall be taken subject to the . right of the City of Houston or any other person, firm or cor- poration entitled thereto to lay or place its pipe or pipes, con- duits or other structures in or under such portion thereof over, under or across such pipe, conduits, ducts or other structures as may have been laid without cost or charge being exacted by the prior location for such use; and provided further, that all persons receiving permits to put or place pipes, conduits, ducts or other structures under the surface of any public street, alley or other public place in the City of Houston thereby obligate and bind themselves to move or change the location of their said pipes, conduits, ducts or other structures whenever re- quired or instructed to so do by the City of Houston, and fail- ure to so do or interference with any other person, firm or corporation in the matter of moving their pipe, conduit -or other structure under any public street, alley or sidewalk, shall constitute an offense and be subject to the penalties provided by this article. (Id., Sec. 4.) Sec. 1194. Policy of City to Require Laying of Pipes, Etc., Prior to Paving—That it is hereby declared to be the policy of the City of Houston from this time and henceforth to require that all pipes, conduits, tunnels and other structures in or under the surface of public streets, alleys, and other public places, shall all be made and laid prior to the paving of such street, alley, or public place, of which policy-all future appli- cants for permits under this article are hereby required to take notice. (Id., Sec. 5.) Sec. 1195. Action to Be Taken by City Engineer Before Issuing Permit; Not Transferable When Issued—When the application to cut or excavate, and the details shown upon the accompanying plat, when such plat is required, comply with the terms of this article and the requirements of the City En- gineer, the same shall be approved by him and filed in his of- of the City of Houston. 425 fice as a public record. And the City Engineer shall, before the issuance of such permit, require such applicant to deposit a sum of money, either in cash or represented by a certified check on some bank in the City of Houston, payable to the City of Houston, in accordance with the following schedule of deposits: Table of Deposits for Street Openings: Asphalt street, per square yard... Ce aN PERERA A $ 4.00 MINIM Msdenosiieee soe A LP RE Rn eR el 25.00 Peri ielus treet sDemisi Mane ya CC eee baer steed eanc tar au $ 3:25 PVE INTUTE GOT bute cet ak te emer hiked ora he ay 25.00 Wood Block street, per Square yard. $ 5.00 PVETHTIU a CLO DOSLU es seein Ses Lark eon ey oh ae 25.00 Gement: street) per square yards we a $ 3.00 AVIV TREAT eC COB) Daigo chs en eed hh Bade IN ESO ht 25.00 Gravel or Shell street, per square yard... ge $ 1.25 NATIT eNOsIl aa sek eae oe CO see 25.00 Dictestreete DemisquanesVardas wae ei oS be $ 0.25 NGI IBCCDOSIT sue ae See eM ne ee le a 10.00 The. above schedule of deposits shall govern the City Engi- neer in his estimate of the probable cost of restoring, after the same has been cut or opened, such public street, alley, side- walk or other public place to its original condition as it ex- _isted before the making of such cut or excavation, together with the incidental expenses connected therewith, as herein- after set forth and provided in this article. Upon the deposit of the required amount of money, in cash or by certified check, a written permit shall be issued by the City Engineer to make _ such cut or excavation, and an account thereof shall be opened and kept. In the case of a permit to excavate or cut any street or any other public place which is now or may be paved here- after, before the issuance of such permit, in addition to the foregoing requirements the applicant shall be required to com ply strictly with all the restrictions and observe all of the obli- gations imposed by the Mayor and City Engineer when ap- proving the application for such permit. The permit issued shall show the amount of the deposit and shall be a receipt therefor, and it shall specify the person, firm or corporation to whom issued, the street, alley, sidewalk or other public place and part or portions thereof to be cut or excavated and extent thereof. No such permit shall be transferable and ev- ery such permit shall become void unless the cut or excavation be commenced within sixty (60) days from the date of its issuance, and the work of making such excavation prosecuted 426 — Revised Code of Ordinances diligently to its completion; and a failure to so commence and diligently prosecute such work, in the opinion of the City En- gineer, shall of itself cancel such permit, and it shall be the duty of the City Engineer in such event to cancel the same upon the records of his office. (Amendment Sec. 6, Jan. 26, 1914; Ord. Bk: 4, p. 39, Sec: 1.) Sec. 1196. Crossings and Signals to Be Maintained—It shall be the duty of every person, firm or corporation making any cut or excavation in any public street, alley or other public place to maintain safe crossings for pedestrians and to main- tain safe crossings for vehicles and other traffic at all street intersections and a white light or lantern shall be placed at such crossings to indicate safety, and where such intersections are not safe for crossing of vehicles or pedestrians a red light shall be placed at such crossings to indicate danger. (Oct. 28, 1913 ;. Ord) Bkv.3, peA8 seca) Sec. 1197. Access to Fire Hydrants; Disposition Exca- vated Material, Etc.—Free access must be provided to all fire hydrants and water gates; all materials excavated shall be laid compactly alongside of the trench and kept trimmed up so as to cause as little inconveniences as possible to the public traffic. If the street is not wide enough to hold the excavated material without using a part of the adjacent sidewalk, the person, firm or corporation by whom the excavation is being done shall erect a tight board fence upon and along such side- walk and keep a passageway at least six feet in width open upon and along such sidewalk. All gutters shall be maintained free and unobstructed for the full width of the adjacent curb and for at least one foot in width from the face of such curb to the gutter line. Whenever a gutter crosses an intersecting street an adequate waterway shall be provided and at all times maintained and kept open. (Id., Sec. 7.) Sec. 1198. Barriers and Signals—It shall also be the duty of every person, firm or corporation making any excavation in any public street, alley or other public place to place and main- tain suitable barriers at each end of such excavation and at such places as may be necessary along the excavation, to pre- vent accidents, and shall also place and maintain red lights at each end of such excavation and at a distance of not more than fifty feet (50 ft.) apart along the line thereof from sunset each day to sunrise of the next day, until such excavation is entirely refilled ; and it shall be unlawful for any person, firm or corpo- of the City of Houston 427 a ration to fail, refuse or neglect to comply with any require- ments contained in this section. (Id., Sec. 8.) Sec. 1199. Refilling; Notice From City Engineer to Re- fill; Refilling by City Engineer—After such excavation is fin- ished the work of refilling the same shall be prosecuted with due diligence and so as not to obstruct or interfere with the use of the street for travel thereon any more than is absolutely necessary. If the work is not so prosecuted, or if the work of refilling does not, in the judgment of the City Engineer, comply with the terms of this article and the contract of the party making said excavation, the City Engineer shall notify the person, firm or corporation named in the permit that the said work is not being prosecuted with due diligence or that the refilling of such excavation has not been properly done, and. he shall require such person, firm or corporation within five days after the service of written notice upon him, to proceed with the diligent prosecution of such work. The notice here referred to may be served personally or by mailing the same to the residence or place of business of such person, firm or corporation; or such notice may be served by depositing the same in the postoffice in an envelope with post- age fully paid addressed to such person, firm or corporation at such place of business or residence, if known, or if unknown, to the address of such person to the General Delivery of the City of Houston. If such notice is not complied with within five days from the mailing or service thereof, the City Engi- neer shall do such work as may be necessary to refill such exca- vation and to restore the street or other public place, or part thereof, excavated, to as good condition as same was in before such excavation was made, all to be paid for by the party or parties to whom said permit was granted, as hereinafter pro- vided. (Id., Sec. 9.) Sec. 1200. Manner of Refilling—All cuts or excavations in public streets, alleys or other public places in the City of Houston shall be refilled in the following manner, to-wit: In streets which have not been graveled, macadamized or paved the trenches may be refilled with moist damp earth or by means of water-tamping, as the Engineer may direct. When the method of water-tamping is used, the water shall be turned into the trench after the first twelve inches of refilling has been deposited therein. The trench shall be kept flooded with water during the time that the remainder of the trench is be- ing refilled. When the surface of the ground has been reached 428 Revised Code of Ordinances the materials shall be allowed to settle and the trench shall then be again flooded and refilled to the level of the surface and again allowed to settle. After the material in the trench has become settled and compact the trench shall be filled to an elevation slightly above that of the street. (Id., Sec. 10.) If the material is such that water-tamping will not, in the opinion of the City Engineer, be satisfactory, the trench shall be filled with moist material and tamped with heavy iron rammers in layers of six inches and the surface of refilling shall be left slightly above the surface of the street. All longitudinal trenches of more than 100 feet in length must be rolled with a steam roller weighing not less than six (6) tons before the work will be approved. On streets and other places which have been macadamized, graveled or shelled, the gravel, macadam or shell removed therefrom shall be kept separate from all other materials. The trench shall then be refilled to the satisfaction of the City Engineer in the same manner as above provided for the re- filling of trenches on unpaved streets, but the earth refilling shall cease at an elevation of three inches below the surface. of the street. The macadam, shell or gravel shall then be re- placed on the surface of the filled trench and: thoroughly tamped and rolled and left at an elevation of two inches above the level of the remainder of the street. All longitudinal trenches shall be thoroughly rolled with a roller weighing not less than six (6) tons before the work will be approved. If the street or other public place in which such excavation is made has been paved with brick, wood block, bitulithic, asphaltic concrete or any other pavement requiring or having a substantial foundation of concrete or any other material, the trench shall be refilled with well rammed gravel, broken stone or brick-bats, concrete or other material, which in the opinion of the City Engineer can be so placed in the trench that there will be no settlement of the surface after it has been filled; or the trench may be refilled with earth in the same manner as that above described under this section for unimproved streets, and then covered with a concrete or a reinforced concrete slab at the option and discretion of the City Engineer, and in ac- cordance with the plans for such work on file in the City Engineer’s office. Where the slab above referred to is built its upper surface shall be at the required elevation to serve as a base or foundation for the pavement. After the trench has been refilled and the concrete slab is in proper condition to receive the pavement, the pavement torn up or damaged by of the City of Houston 429 oe the excavation shall be replaced or built in accordance with the specifications then in use by the City of Houston for the laying of pavement of the kind as that which had been re- moved. If, however, in the judgment of the City Engineer of the City of Houston, it is thought to be for the best interest of the city the laying of the required pavement and concrete base shall be done by the City of Houston, he may do so either with day labor or by contract, at the option of the City En- gineer, and the cost thereof shall be deducted from the funds which were deposited with the city at the time the permit was issued, or from any other funds in the hands of the city belonging to the person to whom said permit was granted. And if there are no such funds on hand sufficient to pay such expense, the party securing such permit shall nevertheless be liable to the City of Houston for all such costs as may have been incurred in replacing said foundation and pavement, and the city shall have the right to collect all such amounts by suit or otherwise. If the city does not elect, however, to do the work of refilling said trench and relaying said pavement, then the party to ' whom said permit was granted shall, at his own cost and ex- pense, do the work, and all such work must be done under the supervision and specifications of the City Engineer. (lId., Sec. 10.) | Sec. 1201. Refilling to Be Held Guaranteed for One (1) Year; Notice to Repair—tThe person, firm or corporation by whom any cut or excavation shall be made in any public street, - alley, sidewalk or other public place shall, in addition to the. guarantee of the workmanship and material done and to be done by him or them in the laying of the pipe or sewer placed in said cut or excavation, shall also be deemed and held to guarantee the work of refilling and repairing the street or alley for a period of one (1) year after the refilling of such cut or excavation has been made, against all defects in work- manship or materials. Whenever within such period of one (1) year any portion of the pavement or surface of any public street, alley, sidewalk or other public place so guaranteed be- comes in need of repairs or shows that the same was not done in proper manner, by reason of any defect in workman- ship or material, or on account of any lack of skill on the part of the party making such refill or excavation, the City En- gineer shall serve upon the person, firm or corporation by whom the cut or excavation was made a written notice stating the repairs necessary, and requiring such repairs to be made 430 Revised Code of Ordinances within five (5) days after service of such notice; such notice to be served in the manner required by Section 1199 and if the same is not complied with, the City Engineer shall at once make such repairs at the cost and expense of the party to whom said permit was originally granted. (Id., Sec. 11.) Sec. 1202. Disposition Money Deposited; No Additional Permit if Not Satisfactorily Filled; Cost of Refilling by City Engineer—All deposits received by the City Engineer under this article shall be deposited with the proper receiving official of the City of Houston under its Charter and ordinances as soon as possible after receipt of same, and the money so de- posited shall remain in said depository until the party to whom said permit was granted, or his or its representatives, shall refill the cut or excavation for which said permit was granted, to the entire satisfaction of the City Engineer, and when the said cut or excavation has been refilled to the entire satisfac- tion of said City Engineer, the balance of the money so re- maining on hand shall be returned to the person, firm or cor- poration making the same, or to his or its assigns. But if, in the opinion of the City Engineer, said work is not properly done, he shall notify the person, firm or corporation that the work done by him or it is not satisfactory, and such person, firm or corporation shall immediately do everything necessary to refill said cut to the entire satisfaction of said City Engineer, and if the said work is not so done the City Engineer shall not issue any additional permits to the said person, firm or corporation until all such necessary repairs have been made and duly approved by the City Engineer. In case any of the work of refilling or repairing of the cut or excavation made under any permit is done by the City Engineer, he shall issue a voucher against the deposit made for the actual cost of such work, including all incidental and necessary expense incurred or paid by the city or other person, plus ten per cent. (10%), as compensation to the city for the work and expense of said repairing or refilling. In the event the deposit has been refund- ed to the person, firm or corporation making the same prior to the discovery of such defects or insufficient work of repairing or refilling said cut or excavation, the City Engineer shall first receive the approval of the Mayor before making such repairs or refilling. The voucher of the City Engineer as to the actual cost of refilling or repairing, and as to the incidental and necessary expense, plus ten per cent. (10%), made in pur- suance of this article, shall be final and conclusive as to such matters. (Id., Sec. 12.) | of the City of Houston 431 Sec. 1203. All Work Done Under Supervision City En- gineer .or Representative—aAll excavations, cuts and refilling or repairing done in pursuance of this article shall be made under the supervision and direction of the City Engineer or his representative, and it shall be his duty, either in person or by his representative, to supervise all such making and refilling of cuts and excavations and the repairing of same, and to require the same to be done in compliance with the require- ments of this and all other ordinances of the City of Houston. (Id., Sec. 13.) Sec. 1204. Unlawful to Install Less Than Two (2) Feet Below Established Grade, Etc.—It shall be unlawful for any person, firm or corporation or any officer, receiver or employee of such corporation to install or cause or permit to be installed any service pipe or main pipe, conduit, duct, tunnel or other structure, except manholes, culverts and catch-basins, in any public street, alley, sidewalk or other public place at a depth of less than two (2) feet below the established grade of the gutter of such public street, sidewalk, alley or other public place. . (Id., Sec. 14.) Sec. 1205. Maps and Corrected Maps to Be Filed; State- ments as to Abandoned Pipes, Etc.—It is hereby made the duty of every person, firm or corporation owning, using, con- trolling or having an interest in pipes, conduits, ducts or tun- nels under the surface of any public street, alley, sidewalk or other public place for supplying or conveying gas, electricity, water, steam, ammonia or oil in, to or from the City of Hous- ton, or to or from its inhabitants, or for any other purpose, to file in the office of the City Engineer a map or a set of maps, each drawn to a scale 200 feet to one inch, which said map or set of maps shall be on tracing cloth to be furnished in sheets 1514 inches by 23 inches, with a border 114 inches on the left hand, and shall show in detail the exact location, size, descrip- tion and date of installation, if known, of all holes, laterals and service pipes, and of all valves, pressure regulators, drips, rnan- holes, handholes, transform chambers or other appliances in- stalled beneath the surface of the public streets, alleys, side- walks or other public places in the City of Houston, belonging to, used by or under the control of such person, firm or corpora- tion, or in which such person, firm or corporation has an inter- est. It shall also be the duty of every person, firm or corpora- tion to file, within fifteen (15) days after the first day of January of each and every year, a corrected map or set of maps, each drawn to a scale of not less than 200 feet to one 432 Revised Code of Ordinances inch, showing the complete installation of all such pipes and other appliances, including all installations made during the previous year, to and including the last day of such year. Each such map shall be accompanied by an affidavit endorsed there- on, subscribed and sworn to by such person, or by a mem- ber of such firm, or by the president or secretary of such cor- poration, to the effect that the same correctly exhibits the de- tails required by this article to be shown thereon. Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any public street, alley or other public place, or the use thereof, is abandoned, the person, firm or corporation owning, using, controlling or having an interest therein, shall, within thirty (30) days after such abandonment, file in the office of the City Engineer a statement in writing giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provisions of this section shall show in detail the location of all such pipes, conduits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps. It shall be unlawful for any person, firm or corporation to fail, refuse or neglect to file any map or set of maps at the | time, and in all respects as required by this section. (ld., sec. 15.) | Sec. 1206. Unlawful to Make Excavations, Etc., for Re- moval of Soil, Etc.—It shall be unlawful for any person, firm or corporation, or any officer, receiver or employee of such corporation to make, or cause, or permit to be made any cut or excavation in any paved or unimproved public street, alley or other public place, to remove any soil or gravel therefrom without the consent of the Mayor of the City of Houston. (Id., Sec. 16.) Sec. 1207. Original Permit or Number Thereof to Be Kept at Work, Etc.—Any person, firm or corporation engaged in the making or refilling of any excavation in any public street, alley or other public place shall at all times while work is in progress, keep at the place where such excavation is located the original permit (or the number thereof) for such excavation, and must on demand exhibit the same to the City Engineer, or to any of his inspectors or other employees, or to any police officer. (Id., Sec. 17.) Sec. 1208. Provisions Do Not Apply to Work Under Con- tract Authorized by City Council—None of the provisions of of the City of Houston 433 this article shall apply to any work done or to be done along any or upon any public street, alley or other public place pur- suant to any contract for improvement authorized by the City Council; provided, however, that the provisions contained in Sections 1196 and 1197 shall apply to all such work and to all excavations to be made in and upon any street, alley or other public place. (Id., Sec. 18.) Sec. 1209. .This Article Does Not Apply Officers, Etc., of City of Houston, Etc.—The provisions of this article shall not apply to cuts and excavations made by any department, board or officer of the City of Houston in the discharge of its or his official or administrative duties, except that prior to the making of any opening by such department, board or officer, a notice shall be filed in the office of the City Engineer giving the location of said opening, the purpose for which it is made, the date that the excavation will be begun, and the size and extent thereof, and all refilling shall be done under the supervision of the City Engineer and according to speci- _ fications furnished from said Engineer’s office. (Id., Art. 19.) Sec. 1210. Does Not Prohibit Work to Save Life or Prop- _ erty—Nothing in this article contained shall be construed to prevent any person, firm or corporation maintaining a pipe or conduit in any public street, alley or other public place, by virtue of any law, ordinance or permit, from making such excavation or cut as may be necessary for the preservation of life or property, when such necessity arises during such time as the officers of the city are not accessible, or such hours as the offices of the city are closed; provided, that the person, firm or corporation making such excavation or cut shall obtain a permit therefor within four (4) hours after the offices of the city are first opened subsequent to the making of such cut.or excavation ; provided further, that the City Council may approve applications for permits to cut or excavate streets, etc., and direct the City Engineer with reference to the is- suance of such permit, in executive or administrative session. (Id., Sec. 20.) Sec. 1211. Penalty—That any person, firm or corporation | or any officer, receiver or employee of such corporation vio- lating any of the preceding provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction there- of shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00), and every day, during any portion of which any violation of any 434 Revised Code of Ordinances provision of the preceding section continues, shall be deemed a separate offense. (Id., Sec. 21.) Sec. 1212. Permit Fee—Before any permit shall be grant- ed under this article the applicant therefor shall pay to the City Engineer a permit fee of Fifty Cents (50c) for each opening in a street, alley, sidewalk or other public place for which a permit shall be granted hereunder, irrespective of the length thereof, which fee shall be retained by the City of Houston. (Amendment Sec. 22, Jan. 26, 1914, Ord. Bk 4, p. —, Sec. 2.) Sec. 1213. Previous Offenses, Etc., Not Abated by Re- peal of Conflicting Ordinances—That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed; provided, that the repeal of said ordinances shall not abate any offense committed thereunder, or exempt from punishment any person, firm or corporation for violation of said ordinance so repealed, nor relieve or release any such person, firm or corporation from any liability to the City of Houston under said ordinances so repealed, but all offenses heretofore committed and liabilities heretofore incurred shall be subject to punishment or recovery, the same as if said ordinance had not been repealed. (Oct. 28, 1918, Ord. Bk. 3, - p. 487, Sec. 238.) Sec. 1214. Unlawful to Dig Holes in Said Streets—lIt shall be unlawful for any person to pick or dig holes in said streets or drive any sharp instrument therein that will make a hole. (Code 1904, Art. 703.) Sec. 1215. Penalty—Any person or persons violating any of the provisions of the preceding section shall be deemed guilty of .a misdemeanor, and upon conviction thereof shall be fined in any sum not more than One Hundred Dollars ($100.00). (Sept. 5, 1905.) ARTICLE 2. . CONSTRUCTION, REPAIRS, ETC. Sec. 1216. Improvement of Streets and Sidewalks—The City Council will, from time to time, pass such ordinances, resolutions and orders as may be necessary for the grading and improvement of the streets and sidewalks of the city. (Code 1904, Art. 685.) Sec. 1217. City Engineer Shall Fix Bounds and Limits— It shall be the duty of the City Engineer to survey and lay of the City of Houston 435 off the several sidewalks along the several streets of the city, and fix the bounds and limits between the sidewalks and the streets. (Code 1904, Art. 686.) Sec. 1218. City Engineer May Lower the Grade of Streets —That when it shall be deemed advisable on the part of the City Engineer to excavate or lower the grade of any street in the City of Houston, a contract, to be approved by the Mayor, may be made with any person desiring to use the dirt there- from by allowing such person to make such excavations under the-superintendence and supervision and according to grade established by the City Engineer, but no such person shall be allowed to remove or take such earth or dirt without paying to the city the sum of at least Ten Cents (10c) per cubic yard, which payment may be made either in cash or services furnished by using part. of said dirt in filling other streets or other property for the City of Houston. (Code 1904, Art. 705.) Sec. 1219. Unlawful to Construct Roads or Bridges With- out Consent of Council—It shall not be lawful for any person, firm or corporation to lay out, survey, grade, construct, or run any road or railway, or make any other public improve- ment within, through or over any street, public or private grounds in any portion of the city, nor build, erect, or con- struct across Buffalo Bayou any bridge without the consent of the City Council first had and obtained. Each day that such unlawful work progresses, or such unlawful structure remains, shall be held to be a separate offense. (Code 1904, Art. 722.) Sec. 1220. Construction of Returns or Driveways to Pre- vent Obstruction of Drainage—That it is hereby made the duty of all persons owning property abutting on paved streets in the City of Houston to construct or cause to be constructed, - at their own cost and expense, returns or driveways paved with brick, stone or other durable material, leading from curb line to the property line on such lots as may be neces- sary to enter with any vehicle from the street, on such grade as may be furnished by the City Engineer, and in doing such work property owners shall have the right to cut down the curb wall, but only as may be directed by the City Engineer. It shall be the duty of the City Engineer, on the application of any property owner, to furnish the correct grade for said proposed returns or driveways free of cost, and the work of constructing said driveways shall be done under his super- vision. (lId., Art. 732.) 436 Revised Code of Ordinances Sec. 1221. Drainage; Area Shall Not Be Reduced—It is hereby made the duty of all persons owning property on paved streets and in front of whose property wooden or other cross- ings from the curb wall to the pavement have been construct- ed, to at once remove the same and construct driveways as is provided in the foregoing section, and on unpaved streets it shall be the duty of property owners to have all crossings over drains so constructed that they shall in no wise reduce the area of drainage, and the same condition as to cutting any curb wall shall obtain as is provided in the case of paved streets. (Id., Art. 733.) . Sec. 1222. Penalty—Any person or persons violating any of the preceding provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than One Hundred Dollars ($100.00). (Sept. 5, 1905.) | Sec. 1223. Shall Keep $200.00 on Deposit with City Treasurer—Every telegraph and .telephone and electric light company doing business in this city shall keep on deposit with the Treasurer the sum of Two Hundred Dollars ($200.00), subject to the order of the City Engineer, after approval of Mayor and Finance Committee, to be used by him in restoring any sidewalk, gutter, street, alley or pavement displaced or injured in the erection, alteration or removal of any pole of such companies when such company fails or refuses to make such restoration to the satisfaction of said Engineer. Any company failing to make such deposit within five days after commencing business, if a new company, or which shall fail to make good the amount when a portion of it has been ex- pended as herein provided within five days after notice to so do ‘has been sent by the City Engineer, shall be deemed guilty of a misdemeanor and punished as hereinafter provided. (Code 1904, Art. 122.) | Sec. 1224. Penalty—Every violation of the provisions of the preceding section shall constitute a misdemeanor, and the persons, company or corporation or any employee, agent, man- ager or officers thereof guilty of violating any of the pro- visions shall upon conviction thereof be fined not less than Ten Dollars ($10.00) and not more than One Hundred Dollars ($100.00) for each offense, and every violation of and each and every day’s failure or refusal to comply with said pro- visions shall constitute a separate offense, and in case of wilful and continued violation of such section by any such person, of the City of Houston 437 company or corporation as aforesaid, or their agents, em- ployee, servant or officers, the city shall have the power to revoke and repeal any ordinance under which said person, company or corporation may be acting, and to revoke and re- peal all permits, privileges and franchises granted to said persons, company or corporation as aforesaid. (Id., Art. 125.) Sec. 1225. Compelling Construction, Etc., Sidewalks, Etc. ; Cost of, Etc.; How Paid When Work Done by City—It shall be and it is hereby made the duty of every owner of real estate in the City of Houston, abutting on any public street in said city, in front of which real estate or along which street the City Council may order the construction, reconstruction or ‘repair, or bringing to grade of sidewalks, driveways, curbs or gutters, or either of them, to construct, reconstruct or re- pair the same or bring the same to grade, as the case may be, © in accordance with the terms of said order, the specifications hereinafter set out and adopted, and on the line and grade as established by the City Engineer for the particular block, street or community in which said real estate may be situated. And said property owners shall construct said improvements in front of their respective property after the giving of notice as elsewhere prescribed in this article within the time fixed by the City Council; and after the expiration of the time indicated in the notice to construct, reconstruct, repair or re- grade, if the abutting owner shall not have built said improve- ments as ordered and indicated in the notice, then the City of Houston shall have the right to construct the same in ac- cordance with the order for the same, and the standard speci- _ fications hereinafter set out under the supervision of the City Engineer, and may advertise for bids or may itself construct said pavements, and at the expense of the abutting property owner, and may recover a personal judgment in any court having jurisdiction of the amount for the costs and expense in constructing, reconstructing, repairing or regrading said sidewalks, driveways, curbs and gutters, with ten per cent. (10%) additional for attorney’s fees, and may by ordinance fix a lien on the property improved. (April 8, 1914, Ord. Ble dan i Secu.ds) Sec. 1226. City Council to Order Construction, Etc.; Ma- terials to Be Used—Whenever it shall be found necessary by the City Council that sidewalks, driveways, curbs and gutters, or either of them, be constructed, reconstructed or repaired or brought to grade along or in front of any real estate abutting upon any public street in said city, the City Council shall desig- 35 438 Revised Code of Ordinances nate the lot or lots, block, street or community in which said work is deemed necessary, and shall order the construction, re- construction, repair or regrading of said improvements, pre- scribe the width of the sidewalks, the kind and character of the material out of which it shall be built, and the building of all such improvements according to the line and grade as fixed by the City Engineer, and the specifications adopted by the City of Houston, and designate the time within which said improve- ments shall be completed. The said sidewalks shall be constructed of either cement, concrete, asphalt, or other durable material as the Council may designate, and the order of the City Council shall designate the material or materials to be used. No driveways, curbs or gutters shall be built of other material than cement or con- ‘ erete. (Id., Sec. 2.) Sec. 1227. Standard Specifications for Cement Sidewalks, Driveways, Curbs and Gutters—The City of Houston hereby adopts and approves as standard specifications for cement sidewalks, driveways, curbs and gutters the following: Cement or concrete sidewalks, driveways, curbs and gutters shall be built of Portland cement, fine aggregate and coarse aggregate. Fine Aggregate—The fine aggregate may be either a very coarse clean sand, or the fine product of a rock crusher made from a very hard rock, such as trap rock, quartz, flint or granite. The fine aggregate shall be uniformly graded in size from one-quarter (14,) inch down, but not more than ten per cent. (10%) shall pass a screen having thirty (30) meshes to the lineal inch. Coarse Aggregate—The coarse aggregate may be either a clean, hard, angular gravel or crushed rock, varying in size from one-quarter (1/4) inch to one and one-half (114) inch. The stone from which such crushed rock is made must not be softer than a very hard grade of lime stone. Top Finish—The top finish shall be a mortar composed of one part Portland cement and one and one-half parts of fine aggregate, thoroughly mixed dry before the addition of water. Where top finish is used for the finishing of horizontal surfaces, it must be applied to the concrete before the concrete has been in place more than ten minutes. Where top finish is used on vertical faces, such as the face of a curb, it must be plastered against the form as the concrete is built up in the form. After the form is removed (which should be done of the City of Houston 439 before the top finish has received its final set) the surface shall be troweled and then brushed to remove trowel marks. The only plastering that will be allowed will be on spots that are roughened by the removal of forms, and such plastering shall be done as soon as the forms are removed. All top finish shall be protected from the hot sun and kept moist for a period of three days after being placed. Concrete Body—The concrete body shall be composed of one part of Portland cement, and two and one-half parts fine aggregate and four parts of coarse aggregate. The above proportions are based on the assumption that the fine and coarse aggregate are well graded. If, in the opinion of the City Engineer, they are not well graded, then the concrete shall be so proportioned that the mortar shall contain ten per cent. (10%) more cement than is required to fill the voids in the fine aggregate, and the quality of mortar shall be ten per cent. (10%) more than is required to fill the voids in the coarse aggregate. Foundation—The foundation shall consist of firm hard soil, from which all vegetable matter and other loose material has been removed. In the event that it is necessary to build up the foundation, the same shall be done with selected earth or other material satisfactory to the City Engineer, and shall be built up and tamped in six inch layers. Cushion—Under all sidewalks there may be constructed a cushion not less than two (2) inches in depth, composed of coarse gravel (from which the sand has been removed), slag, cinders, or other porous material which will make a cushion satisfactory to the City Engineer, and which will act as a drain and will also serve as a suitable cushion for the concrete work. The cushion shall be wet and thoroughly tamped before the sidewalk is built thereon. Location and Grade—All sidewalks, driveways, curbs and gutters shall be built as located by the City Engineer, and on the grade established by him. At street intersections and at other places the curb and gutter may be built on a radius of eight (8) feet or less, as the City Engineer may direct, and the contractor in charge of said work shall receive no extra com- pensation on account of such work being on a curved align- ment. Where driveways occur into private property across the parkways between the curb line and the sidewalk, such driveways shall be built with a return curb, having a vertical face and joining the main curb of the street with a two (2) foot radius. 440 Revised Code of Ordinances Curbs—Standard curbs shall be six (6) inches in thickness and twenty-four (24) inches in height. They shall be built of concrete with the exception of the face next to the street and the top, which shall be composed of from one-half (14) to three-quarters (%4,) inch top finish. The outer corner of the curb shall be rounded to a three-quarter (34,) inch radius, as shown on the standard designs on file in the City Engineer’s office. . | Gutters—Standard gutters shall be six (6) inches in thick- ness and eighteen (18) inches in width. The top three-quarter (84,) inch shall be composed of top finish. Combined Curb and Gutter—The standard curb and gutter shall consist of a curb six (6) inches in thickness and fourteen (14) inches in height, combined with standard gutter, all built.as a monolithic structure. The outer corner of the curb shall be rounded to three-quarter (34,) inch radius. The com- bined curb and gutter shall have the exposed surfaces finished with three-quarter (34) inch top finish. The curb face may be increased from six (6) to eight (8) inches by direction of the City Engineer; provided, that no curb face shall be less than six (6) inches nor more than eight (8) inches in width. ve Sidewalks—Standard sidewalks shall be composed of from three and one-half (314) to four and one-quarter (414,) inches of concrete and one-half (44) to three-quarter (34,) inch top finish, making a total of four to five inches in thickness.’ The maker’s name shall be stamped on each sidewalk built by him in letters not less than one and one-quarter (114) inches high and not less than one-quarter (14,) inch deep. Driveways—Standard concrete driveways from the curb line to the property line shall be built of five (5) inches of concrete and one (1) inch of top finish. They shall be marked with a suitable tool at intervals of five (5) or six (6) inches across the driveway to furnish a suitable foothold. Change in Dimensions—The change in the width of curb face herein allowed shall in no case be construed as allowing a change in the standard specifications herein adopted. Joints—Joints shall be provided every six (6) feet. These joints shall be at least one-eighth (14) inch wide and shall extend clear through the sidewalk, driveway, curb and gutter. Where a sidewalk runs out to the back of the curb, an expan- sion joint three-quarter (34,) inch wide shall be provided. On all sidewalks an expansion joint one-half (14) inch wide shall be provided every thirty-six (36) feet. 7 of the City of Houston 441 General—In general, all forms shall be smooth; the work shall be done in a workmanlike manner, giving straight lines where required, true planes and a smooth finish, properly brushed, to remove marks, and shall be in every way satis- factory to the City Engineer. When the work is completed all rubbish, surplus excavated material, forms and surplus material shall be removed, and the work left in a neat and orderly manner. (Id., Sec. 3.) Sec. 1228. City Engineer to Establish Lines, Etc.; to Pre- pare Specifications When—aAll petitions for the creation of sidewalk districts or for the building of sidewalks under the supervision of the city, or matters of constructing, reconstruct- ing, repairing or regrading sidewalks, curbs, gutters or drive- ways, whether initiated by petition or by action of the City Council, shall be referred to the City Engineer, whose duty it shall be to establish forthwith the line and grade upon which any sidewalk,. driveway, curb or gutter shall be built. If the City Council shall select other material than cement or concrete for the building of sidewalks, it shall be the duty of the City Engineer to prepare specifications therefor, and the property owners Shall build said sidewalks in accordance with said _ specifications and on the line and grade established by the City Engineer. (Id., Sec. 4.) Sec. 1229. Permit Necessary for Construction, Etc.—It shall be unlawful to construct, reconstruct, repair or regrade any sidewalk, driveway, curb or gutter in the City of Houston without obtaining a permit therefor from the City Engineer. Application therefor shall be made to the City Engineer stating the nature and extent of the proposed improvements, with the location by lot, block and street number. The City Engineer shall issue no permits hereunder, nor under any order of the City Council hereafter passed ordering the construction, re- construction, repair or bringing to grade of sidewalks, drive- ways, curbs and gutters until he has staked out the proposed work and made a permanent record of the line and grade as established by him. No fee shall be charged for the issuance of said permit, or for the staking of said work. (Id., Sec. 5.) Sec. 1230. Notice to Construct, Etc.; Sidewalks, Etc.; Contents; Service—That when the City Council of the City of Houston shall have ordered the construction, reconstruction, repair or regrading of sidewalks, driveways, curbs and gutters, and designated the real estate, lot or lots in front of which or street or portion thereof or community in which said improve- 442 Revised Code of Ordinances ments are required to be made, it shall be the duty of the Mayor to serve notice that said improvements must be laid by the owners of the abutting property, showing the width of the sidewalks, and the material or materials out of which the same shall be constructed, and the time within which said improvement shall be completed, and the estimated cost thereof per square or lineal foot. Said notice may be served by an officer of the City of Houston designated by the Mayor for that purpose, and service may be made by delivering a copy thereof to the owner of the abutting property, or to any tenant of the owner living on the particular real estate included in said order; or if said property is unoccupied and the owner or his authorized agent cannot be found, then notice may be given by posting a copy thereof upon the property, and such officer shall make due return to the Mayor stating the manner and time of service thereof, which return when produced in court shall preclude any question as to whether or not sufficient notice has been given. In lieu of the above notice, the Mayor may cause to be mailed to the postoffice address of the owner, and the mailing of such notice shall constitute sufficient notice, whether received or not. Or notice may be given by publishing a brief summary of said order once in some daily newspaper published in the City of Houston, of general circulation, ad- dressed “Sidewalk Improvements ; To Whom It May Concern,” at least thirty days before said pavement is required to be completed, and such publication in the paper shall be deemed a sufficient notice. Notice will be sufficient if given to the property owner in any one of the ways above indicated. (Id., Sec. 6.) Sec. 1231. Sidewalks, Etc., Already Constructed; Unlaw- ful to Construct Different, Etc., Than Ordered; Penalty—lIn the event in the judgment of the Mayor and City Council, there shall be already constructed in the street or streets or portion of a street, or along any property designated by the order for construction, reconstruction, repair or bringing to grade of any sidewalk, driveway, curb or gutter, a sufficient and adequate improvement of the kind designated, in a state of good repair, then in such event the Mayor shall not be required to give the notice herein provided for, and the property owner shall not be required to reconstruct, repair or regrade the same, except as provided for on streets being permanently paved; but after the passage of any order prescribing the con- struction, reconstruction, repair or regrading of sidewalks, curbs, gutters or driveways, or any of them, it shall be unlaw- of the City of Houston 443 ful for the owner to construct any other or different sidewalk, driveway, curb or gutter than that prescribed in said order ; and any person, after the passage of such order, who shall construct a sidewalk, driveway, curb or gutter different from that prescribed in said order shall be deemed guilty of an of- fense, and upon conviction shall be fined not less than Five Dol- lars ($5.00) nor more than Two Hundred Dollars ($200.00). (Id., Sec. 7.) Sec. 1232. Contract Provision—No contract for the con- struction of any sidewalk, driveway, curb or gutter ordered by the City Council shall be made which shall provide a longer time for the completion of said work than the time fixed by said City Council. (lId., Sec. 8.) Sec. 1233. City May Refuse to Pave Street, Etc.; Until Sidewalks Laid—The City of Houston shall have the right, and it is hereby expressly reserved, to refuse to pave with brick, asphalt, stone or gravel, any street unless and until the owners of abutting property shall previously lay in the manner pre- scribed by the City Council curbs and sidewalks thereon. (lId., Sec. 9.) Sec. 1234. City of Houston May Coneuct: Etc.; Proced- ure, Etc.—Any property owner or his duly srithorieed agent, who shall desire the City of Houston to construct for him, any sidewalk, driveway, curb or gutter, or to reconstruct, or repair or regrade the same, shall have the right to petition the City Council therefor, asking that said work be performed at the cost and expense of the petitioner, offering to defray all costs of advertising for bids, if any, letting contract and cost of grading, constructing and finishing, and designate the terms upon which he can pay. Upon receiving such petition, the same shall be referred to the City Engineer, who shall determine forthwith the line and grade, make a-record thereof and estimate the cost of construction, including the advertising for bids, if necessary, and report to the Council. Should the Council see fit to grant such petition, it shall determine the material out of which said improvements shall be constructed and the manner of payment therefor. Before any work of sidewalk, driveway, curb or gutter construction shall be under- taken by the city for any property owner, said property owner shall comply with all requirements of the City of Houston as to payment therefor, either in cash in advance, or part cash and the giving of security for the unpaid balance. The City of Houston shall have the right to award any quantity of work 444 Revised Code of Ordinances under this section to a general contractor whose bid shall be accepted by the Council as the lowest and best secure bid for the construction of sidewalks, driveways, curbs and gutters during a stipulated time, not to exceed one year. (Id., Sec. 10.) Sec. 1235. Sidewalk, Etc., Builders Must Give Bond—No person, firm or corporation (except persons laying permanent street pavement under contract with the city) shall be entitled to construct, reconstruct or repair any sidewalk, driveway, curb or gutter in the City of Houston unless the said builder shall first execute to the City of Houston a yearly bond in the sum of Two Thousand Dollars ($2000.00), payable to said city, . with two or more sureties, or with a corporate surety author- ized to do business in Texas, conditioned that the principal therein will construct, reconstruct or regrade all sidewalks, driveways, curbs or gutters in accordance with the ordinances of the City of Houston and on the line and grade as established by the City Engineer, and further that such person will save the City of Houston harmless from all loss or damage to any person, of whatsoever character, arising by reason of negli- gence on the part of the contractor in performing said work, or in leaving the same unguarded, or from any other cause. The said bond shall further recite that all work done by the - contractor during the year for which said bond shall hold good, shall be performed to the satisfaction of the City Engineer. (Id., See. 11.) Sec. 1236. Penalty—Any person constructing, recon- structing, repairing or regrading any sidewalk, driveway, curb or gutter who shall fail to give first the bond above re- quired, or who shall construct, reconstruct, or repair any side- walk, driveway, curb or gutter without obtaining from the City Engineer the line and grade therefor, or who shall construct any sidewalk, driveway, curb or gutter on any other line and grade than that given by the City Engineer, or without obtain- ing a permit therefor, as herein required, or who shall fail to construct, reconstruct, repair or regrade any- sidewalk, drive- way, curb or gutter after notice so to do, or who shall violate any other provision of this article, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than Five Dollars nor more than Two Hundred Dollars; but no bond or permit for such work shall be required of con- tractors paving in front thereof. (Id., Sec. 12.) Sec. 1237. Construction Foregoing Provisions—That the foregoing sections shall apply to and govern the construction of the City of Houston 445 or reconstruction of sidewalks, driveways, curbs or gutters in connection with the erection of buildings in the City of Hous- ton: ®-(Id.,.sec.13.) Sec. 1237a. Resolutions by City With Reference to Side- walks, Etc.—The City of Houston hereby expressly reserves the right, when putting down a permanent street pavement, either by original construction or reconstruction, to change or alter the lines and grades of said permanent pavement and of the sidewalks, driveways, curbs and gutters on said street, when in the opinion of the City Council such change is neces- sary for the proper pavement or drainage of said street, and without liability on the part of the city by reason of said change. In the event that a sidewalk or driveway the line or grade of which is changed is in good condition and does not, in the opinion of the City Council, require entire reconstruc- tion, the owner thereof shall be given notice as herein pro- vided in other cases, to break said sidewalk or driveway back to a point fixed by the City Engineer, and to remove the broken portion and reconstruct said portion of the line and grade de- termined by the City Engineer, at the cost of said abutting owner. In the event said owner shall fail or refuse to obey the order of the City Council, he shall be subject to all the penalties of this article, and the City Council shall have the right to have said breaking and reconstructing to grade of said sidewalk or driveway done by the paving contractor, or other person, at the expense of the abutting owner. (Id., Sec. 14.) ARTICLE 3. - OBSTRUCTIONS. Sec. 1238. Unlawful to Dig a Ditch Across Street or Side- © walk—It shall not be lawful for any person or corporation to dig or cut any ditch, or make any opening on or across any street or sidewalk within the limits of the city, except for draining. (Code 1904, Art. 688.) Sec. 1239. Storing or Vending Fruits, Etc., on Sidewalks —It shall be unlawful for any person, firm, association of per- sons, or corporation to store or expose for sale or to sell on any sidewalk or street in the City of Houston any fruits, nuts, candies, cigars, tobacco, soda water or any other goods, wares and merchandise, or to occupy any sidewalk or street of said City of Houston with any bootblack stand, booth or other frame structure for carrying on any business or occupation, or to allow any boxes or merchandise to remain on the sidewalk ; 446 Revised Code of Ordinances provided, however, that the sidewalks in front of the Market House Square on Preston and Congress Avenues next to the Market House are excluded and excepted from this section, and stalls, stands and privileges may be rented and leased by the Market Master thereon, subject to and in accordance with the rules and regulations now in force, or as may hereafter be prescribed from time to time with reference to the renting and leasing of stalls, stands and privileges within said Market House; provided, further, that nothing herein shall be held to repeal Sections 601 to 606, inclusive, of this revised code. (Amendment Sept. 22, 1913; Ord. Bk. 3, p. 451.) Sec. 1240. Penalty—Any person, firm or corporation vio- lating any of the provisions of the next preceding section shall be fined in any sum not less than Ten Dollars and not,more than One Hundred Dollars, and that each and every day that such violation shall continue shall constitute a separate and distinct offense. (Code 1904, Art. 695.) Sec. 1241. Limbs, Etc., Trees Must Be 8 Feet Above Sidewalks; Penalty—It shall be the duty of the owners and occupants of lots in the City of Houston in front of and adja- cent to which shade trees are growing in the streets, to keep the same trimmed up in such a manner that the limbs. and branches of the same overhanging the sidewalks shall be at least eight feet above the ground; and any owner or occupant of any lot or tract of ground in the city who shall fail to com- ply with the provisions of this section shall be fined. Any person violating any provisions of this section must be fined not less than Five nor more than One Hundred Dollars. (Code 1904, Art. 381.) Sec. 1242. Railings Prohibited on Sidewalks in Stock Limits—It shall be unlawful for any person, firm or corpora- tion to erect or maintain within that certain district or por- tion of the City of Houston known as and included in the stock limits of said city, any railing or fence along the side- walks next to the street. (Code 1904, Art. 696.) Sec. 1243. Railings May Be Erected Outside Stock Lim- its, and Character of Same—TIn that portion or district of said City of Houston beyond or outside of the stock limits, it shall be lawful to erect and maintain railings or fences around and along the sidewalks next to the street by persons, firms or corporations owning the abutting property, for the purpose of preventing animals from trespassing upon said sidewalks; provided, that same are erected in such manner, with turn of the City of Houston 447 gates at each end and each street crossing, as not to in- convenience the passage of pedestrians along said sidewalk, and same not more than thirty inches in height. (Code 1904, Art. 697.) Sec. 1244. Running Wheelbarrows or Handcarts on Side- walks—Any person who rolls, pushes or runs any wheelbar- row or handcart on any paved sidewalk (except in crossing to go in and out of the lot or building of the owner, or in such other place as may be necessary for the purpose of load- ing or unloading), must be fined not less than One nor more than One Hundred Dollars. (Code 1904, Art. 723.) Sec. 1245. Impeding Passage—Any person who in any manner impedes the safe and free passage of persons or ve- nicles along the streets, must be fined not less than One nor more than One Hundred Dollars. (Code 1904, Art. 724.) Sec. 1246. Endangering Passage While Building or Re- pairing—Any person who leaves any excavation in any street or sidewalk, or any material while building or repairing any house or other structure, in such condition as to endanger persons passing along the street or sidewalk, without a sig- nal by day and lamp by night, must be fined not less than One nor more than One Hundred Dollars. (Code 1904, Art. 725.) Sec. 1247. Riding or Driving on Sidewalks—Any person who shall ride or drive with any animal, vehicle or bicycle upon or over any sidewalk or gutter between the roadway or graded street and the lot or lots abutting on such street, except for the purpose of access to or from such abutting lot or lots, shall be fined not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (Code 1904, Art. 726.) Sec. 1248. Tying Animals to Lamp Posts, Etc.—Any per- son who ties or fastens any animal to any lamp post, or to any fence or tree, the property of another, must be fined not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (Id., Art. 727.) Sec. 1249. Removing Material from or Placing Obstruc- tions Upon Streets—That every person, persons or corpora- tion is prohibited from removing any street construction ma- terials, articles or substances placed on or in any street of the City of Houston, or to place any obstruction on the streets 448 Revised Code of Ordinances of the city without first obtaining the written permission of the Mayor of the City of Houston. (Code 1904, Art. 730.) Sec. 1250. Driving Across or Obstructing Ditches—Any person who shall drive, or cause to be driven, any horses, cattle, sheep, hogs or other animals across any ditch at any place or places except the regular bridges across said ditch, or who shall throw or deposit in said ditch anything which will in any way obstruct the free flow of water through the same, must be fined in a sum not more than Twenty-five Dol- lars ($25.00). (Code 1904, Art. 713.) Sec. 1251. Unlawful to Obstruct Use of Sidewalk—lIt shall be unlawful for any person to in any manner obstruct the use by pedestrians of any sidewalk in the City of Houston by placing, depositing or suffering to remain thereon, or permitting any of his servants, employees or persons under his control, to deposit, place or suffer to remain thereon, any boxes, material, vehicle or other object whatever, or by hitch- ing or staking out any horse, cow or other animal or per- mitting such horse, cow or other animal to be so hitched or staked out that it can go upon or stretch any rope, chain, strap or other thing by which it is hitched or staked out across any such sidewalk. (Ord. Bk. 2, p. 235, Sec. 1.) Sec. 1252. Penalty—Any person or persons violating any of the provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than One Hundred Dollars ($100.00). (Sept. 5, 1905.) Sec. 1253. Prohibiting Hitching, Etc., of Horses, Etc., on Certain Portions of Certain Streets; Penalty—That it shall be unlawful for any person to hitch a horse, horses, or teams, or animals to any hitching post, weight or otherwise, or to keep said horse, horses, or teams or animals standing or hitched in the following streets, or to keep any automobile, carriage, or other motor vehicle standing in said streets with- out an attendant in charge thereof, within the period or during the period between 1:00 o’clock p. m. and 4:00 o’clock p. m., on any day except Sunday. | The streets upon which hitching and the standing hitched of horses and teams or other animals, and the standing of automobiles or other motor vehicles unattended is prohibited in this section, are as follows: All avenues between Frank- lin Avenue and McKinney Avenue, said avenues being in- of the City of Houston 449 cluded, and all streets between Milam Street and San Jacinto’ Street, said streets being included; this section applying only to the portions of said streets and avenues included within the following boundaries: Franklin from Milam to San Jacinto, San Jacinto from Franklin to McKinney, McKinney from San Jacinto to Milam, Milam from McKinney to Frank- lin, said streets being included, except Milam and San Jacinto Streets. Any person, firm or corporation violating this section shall be deemed guilty of an offense, and upon conviction thereof in the Corporation Court shall be fined in any sum not less than One Dollar ($1.00) and not more than Twenty-five Dol- lars ($25.00). (July 27, 1909, Ord. Bk. 2, p. 520, Sec. 1.) Sec. 1254. Stands for Hay Wagons—That Texas Avenue west of Louisiana Street and Brazos Street between Texas Avenue and Capitol Avenue are hereby designated as stands for wagons from which hay is being offered for sale, which wagons are to keep within the space adjacent to the curb and keep said right of way open. for traffic at all times. (Aug. 4, 1913, Ord. Bk. 3, p. 410, Sec. 1.) Sec. 1255. Unlawful Acts by Those Selling Hay; Pen- alties—That it shall be unlawful for any hay wagon or wagon from which hay is being offered for sale to stand at any other place or places than those designated in the next preceding section hereof or to fail to keep said right of way open for traffic at all times, or to block the sidewalk, or to permit their animals to get on the sidewalk, and any person, firm or corporation, or officer or agent or employee of such corpora- tion, who shall violate any of the provisions of this or pre- ceding section shall, upon conviction thereof, be fined in any sum not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00); provided, that such sections shall not be construed in any way so as to interfere with the right to peddle country produce as fixed by statute. (lId., Sec. 2.) ARTICLE 4. AWNINGS, SIGNS, ETC. Sec. 1256. Swinging Signs Unlawful—lIt shall be unlawful for any person to erect, keep, have or hold over or across any sidewalk in the City of Houston a hanging or suspended sign board, sign or other device, and each day such hanging or suspended sign board, sign or other device so erected is kept, had or held, shall be a separate offense. (Code 1904, Art. 691.) 450 Revised Code of Ordinances Sec. 1257. Penalty—Any person or persons violating any of the provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than One Hundred Dollars ($100.00). (Sept. 5, 1905.) Sec. 1258. Unlawful to Erect Advertising Signs, Except as Provided in This Article—That it shall be unlawful for any ' person, firm or corporation, their agents, tenants or lessees to erect, use or maintain advertising signs in the City of Houston except as hereinafter prescribed. (Jan. 19, 1913, Ord. Bk.°4,'p. 15, Sees.) Sec. 1259. Advertising Signs Shall Conform to Classes Specified in This Article—All advertising signs hereafter used, erected or maintained in the City of Houston shall con- form to one of the classes or kinds hereinafter specified, and it shall be the duty of the Building Inspector to classify said signs and to see that each of such signs is erected and main- tained in accordance with the conditions prescribed for the particular class to which it belongs, and to report to the Police Department and cause the prosecution of all persons violating any section of this article. (Id., Sec. 2.) Sec. 1260. Advertising Signs Classified—Said signs shall « be classified as follows: Class A—Electrical illuminated signs made entirely of metal lettering and studded in full outline with electric lights or having a border of studded electric lights. Such designs to have not less than one light for every square foot of sign surface. Signs of Class A may be hung over the sidewalk not less than nine feet above the sidewalk at its lowest point, and shall not project beyond the curb, and shall not weigh more than three hundred pounds, including all attachments and devices. Class A-1—Vertical signs built and illuminated as pre- scribed for signs of Class A and weighing more than three hundred pounds may be erected subject to the approval of the Building Inspector if fastened not more than two feet from the wall of a building and not less than nine feet above the sidewalk at its lowest point. Signs of Classes A and A-1 shall be hung with galvanized cables or chains or rods or other fastenings approved by the Building Inspector and fastened to the wall with bolts or ex- pansion bolts and guyed so as to be immovable. Signs of Class A and A-1 may be hung in any part of the city. of the City of Houston 451 —_—— $$$ Class B—Signs known as transparencies with lights con- cealed, the frames of which are made of metal and sides or panels of art glass and weighing not more than three hundred pounds. Such signs shall be hung as prescribed for signs in Class A and shall have lights equal to two candle power for every square foot of sign surface. Class B-1—Vertical signs built as prescribed for signs of Class B weighing more than three hundred pounds and hung as prescribed for signs of Class A-l. Signs for Classes B and B-1 may be hung in any part of the city and must be inspected and approved by the Building Inspector and the City Electrician before being hung. Class C—Signs lighted with gas, the supply pipe or conduit to which shall extend from the building over and across the sidewalk on which may be supported light globes with letters or signs painted on the globes. Such signs shall be hung as prescribed for signs of Class A and may be hung in any part of the city. To such signs may be attached wood or metal signs not larger than one foot in width and in length not greater than the row of light globes to which it is attached. Signs of Classes A, A-1, B, B-1 and C, when erected on Main Street between Dallas Avenue and McGowen Avenue, may be supported by posts in the outer edge of the sidewalk and must not project beyond the curb and be not more than nine feet above the sidewalk. Class D—Ornamental cast or wrought iron posts set in the outer edge of the sidewalk against the curb wall, on which posts may be placed light globes on which globes may be painted letters and signs. To such posts may be attached signs not larger than two feet in either height or width, not less than seven and one-half feet above the sidewalk and not projecting beyond the curb line, and such signs may be placed in any part of the city. Class E—Signs made from one thickness of sheet metal and fastened to door or window jambs or walks not less than seven feet above the sidewalk at its lowest point. Such signs to be not more than two feet in height and projecting edge- wise not more than eighteen inches beyond the wall line, which sign may be erected in any part of the city. Class F—Signs of wood or metal not more than three feet in height fastened close against the wall of a building, pro- vided that no such signs shall be placed above the wall or cornice or roof of any building in the City of Houston, nor across any window or door, and such signs may be erected 452 Revised Code of Ordinances in any part of the city. (Amendment Feb. 9, 1914, Ord. Bk. 4, pele) ; Class G—Signs made of wire netting or other open metal work stretched on metal frames and supported by metal frames and braces with lettering and all sign metal devices made of metal. Such signs may be erected above and upon the roof of any building if placed within two feet above such roof or two feet above the wall, if placed over such wall. Such signs must be illuminated and the illumination must be not less than two candle power for each and every square foot of sign surface. Such signs may be erected in any part of the city. | i Class H—Signs or bill boards made of metal with wood or metal frames inside the fire limits and made of wood or metal outside the fire limits. Such signs or bill boards shall be not less than two feet above the ground, and not over fourteen feet from the ground to its highest point. Such signs may be erected in any part of the city. | Class I—Signs made of wood or other suitable material not more than ten feet long and thirty inches wide, and weigh- ing not more than one hundred and fifty pounds. Such signs may be erected across the sidewalk not more than nine feet above the sidewalk and shall not project beyond the curb. Such signs may be erected in any part of the city except in- side the fire limits and excepting ‘also on Main Street from Dallas Avenue to McGowen Avenue. Class J—Cloth signs suspended over the street not less than twenty feet above the street at the lowest point and not less than eight feet above any trolley wire and shall be supported by ropes, no metal to be used in the construction of the sign or in the apparatus supporting the same. Signs in Class J shall not be allowed to hang more than two weeks and may be used only for the purpose of advertising celebrations, expositions, carnivals, fairs, excursions of so- cieties, public entertainments, or other matters of public character, and shall not be used to advertise a private business or matters of a private character. Class K—Cloth signs hung on the walls of buildings not . higher than the bottom of the second story windows and se- curely fastened closely against the wall. Such signs may be erected in any part of thecity. (1d., Sec. 3.) Sec. 1261. Permit for Erection Necessary, Except; Ap- plication to Building Inspector; Inspection by City Electri- of the City of Houston 453 cian—No sign shall be erected, used or maintained in the City of Houston unless the person, firm or corporation owning, using and maintaining the same or desiring to erect the same shall obtain a permit from the City Building Inspector; pro- vided, that no permit shall be required for signs of Class E, Class F, Class J and Class K. It shall be the duty of any person, firm or corporation desiring to erect a sign in this city, for which a permit is required, to make application to the City Building Inspector accompanied by plans and specifications showing in detail the proposed manner of construction, erec- tion, support and maintenance of such signs. If such plans and specifications for signs shall be in com- pliance with this article the Building Inspector shall issue a permit therefor, and all signs erected under such permits shall be erected under the supervision of the Building Inspector, and all electrical connections in illuminated signs shall be inspected and approved by the City Electrician before it shall be lawful to operate said signs. All of said wiring to be done according to the rules and regulations of the National Board of Fire Underwriters and in conformity with the Charter and ordi- nances of the City of Houston and to the satisfaction of the City Electrician; provided, that the right herein given for the erection, use and maintenance of advertising signs shall not be a permanent or vested right, and said permits shall be obtained and signs erected subject to the right of the City of Houston to further regulate, restrain or abolish the use of the same. (lId., Sec. 4.) Sec. 1262. Signs to Be Kept in Good Repair; Building Inspector May Make at Owner’s Expense, When—lIt shall be the duty of every person, firm or corporation owning, using and maintaining any signs hereafter erected or now being ‘used, operated and maintained to keep the same at all times in a safe condition, and if any of such signs shall become defective, or shall become unsafe or dangerous to the public in the opinion of the Building Inspector, the same shall be repaired or made safe by the owner or lessee thereof im- mediately after notice by the Building Inspector so to do, and - should said owner or lessee fail to.comply with said notice -within five days thereafter the City of Houston shall have the right to make the necessary repairs or adjustments at the -expense of the owner, and said sign may be removed from its location without further notice. (Id., Sec. 5.) Sec. 1263. City to Be Saved Harmless, Etc.; Permit to Contain Agreement to That Effect—All persons, firms or 24 454 Revised Code of Ordinances corporations erecting, using and maintaining any of the signs herein provided for, whether as owner, agent, tenant or lessee, shall save the City of Houston harmless from all damages arising from the erection, use and maintenance of said signs, and no sign permit shall be issued unless it contains an agree- ment on the part of the person, firm or corporation seeking such permit that such person, firm or corporation, whether agent, owner, tenant or lessee, will assume all liability for damages caused by defective construction, disrepair or dam- ages from any source caused by such signs, and shall hold and save the city harmless from all damages arising from the erection, use and maintenance of said signs. (ld., Sec. 6.) Sec. 1264. Penalties—Any person, firm or corporation or any member of any firm and the officers and directors of any corporation violating any of the next six preceding sections shall be deemed guilty of a misdemeanor, and upon conviction thereof in the Corporation Court shall be fined in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) ; provided, that it shall also be an offense for any person, firm or corporation and any member of any firm and the officers and directors of any corporation who shall be notified by the Building Inspector to repair or to remove any sign in the City of Houston, to fail to do so within five days after receiving such notice, subject to the penalty above provided; and provided also, that each day’s failure to obey such notice after the expiration of five days from the re- ceipt thereof shall constitute a separate offense. (Id., Sec. 7.) Sec. 1265. Lawful to Erect Stationary Awnings Over Sidewalks; How Constructed—That it shall be lawful to erect stationary awnings over and across any sidewalk in the City - of Houston, in front of any building on the following con- ditions: First: Awnings within the fire limits shall extend across the sidewalk to the curb line and shall be constructed of iron or stone posts, not less than four (4) inches in diameter, resting upon a concrete foundation, the overhead construction to be built substantially; the frame to be constructed of iron — with reinforced concrete floors and fireproof throughout; all awnings in any block to be of uniform height. Same to be constructed under the supervision of the City Building In- spector and in accordance with a sketch furnished by said Building Inspector and on file in his office, and in strict com- pliance with the permit and with this article. of the City of Houston | 455 Second: The owners of buildings shall have the option of constructing awnings commonly known as marquee, same to be supported by hogchains securely fastened in the walls and of such strength and durability as to support twice the weight of the awning suspended thereby. Said awning shall be fire- proof throughout. If glass is used for roofing of same it must be heavily ribbed standard wire glass, supported on wrought iron.frame “T” brackets. Same to be constructed under the supervision of the Building Inspector, in accordance with a sketch furnished by said Building Inspector and on file in his office, and in strict conformity with the permit granted by the City Engineer and with this article. No awning of the marquee type shall be less than nine (9) feet above the sidewalk, and such awning shall, in every in- stance, whether said awning be constructed heretofore or hereafter, be so constructed that the drainage therefrom shall run towards the wall and be led down the wall and out under the sidewalk to the gutter through a metal conductor. (July 1, 1912, Ord..Bks 3ep. 117, sec.-ls) Sec. 1266. Outside Fire Limits; How Constructed—A wn- ings constructed outside of the fire limits may be constructed of wood, and when so constructed shall be supported by gas pipe posts not less than three (3) inches in diameter, or if wood posts, not less than six (6) inches in diameter resting upon a concrete foundation, and the overhead structure shall be well and substantially built; all parts of said awnings to be painted throughout with at least two coats of paint, and the roof of any such awning shall be constructed of incombustible material. No such awning shall be inclosed in any manner, except by railing on second floor. (Id., Sec. 2.) Sec. 1267. Must Secure Permit for Construction—No awning shall ever be constructed in the City of Houston with- out first a permit is procured from the City Engineer authoriz- ing the coustruction of such awning, and in such permit the kind of awning to be erected shall be designated and a sketch thereof shall be filed with the City Engineer for the use of the Building Inspector, and no permit shall ever be granted for an awning of other or different type than those described in this article; provided, that awnings of a different type or con- struction to those described in this article may be repaired, if not damaged more than twenty-five per cent. (25%) of the value of a new awning of a similar construction. (Amend- ment Sept. 29, 1913, Ord. Bk. 3, p. —, Sec. 1.) 456 Revised Code of Ordinances Sec. 1268. Penalties—Any person who shall construct or repair any awning in the City of Houston without a permit, or who shall construct or repair any awning in violation of the next three preceding sections shall be deemed guilty of a misde- meanor and upon conviction thereof in the Corporation Court shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) ; provided, that it shall be a separate offense both in the contractor construct- ing the awning in violation of the next three preceding sections and, also, an offense on the part of the person employing such contractor; and provided further, that it shall be a separate of- fense on the part of the owner or lessee for each day that any awning constructed in violation of the next three preceding sections shall be maintained by said owner or lessee of the building in front of which said awning shall be unlawrully constructed. (Id., Sec. 2.) ARTICLE. 5. POLES. Sec. 1269. To Be Kept Painted—lIt is hereby declared to be the duty of every person, firm or corporation who have heretofore or who shall hereafter erect a pole or poles on any street, alley or sidewalk within the corporate limits of the City of Houston for electric light, telephone, telegraph or street railway purposes, to paint and keep the'same well painted with white lead and linseed oil; color to be designated by the Street and Bridge Committee. (Code 1904, Art. 987.) Sec. 1270. Unlawful to Mar or Disfigure Such Poles—It shall be unlawful for any person or persons to nail, paste or attach any sign whatever to, or in any manner mar or disfigure such poles, and for violation of this section they shall be fined in any sum not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00). (Id., Art. 988.) Sec. 1271. City Electrician to Designate Location—The City Electrician shall designate the location of all electric street car, telephone and telegraph poles which may hereafter be erected in the City of Houston. (ld., Art. 989.) Sec. 1272. Location Shall Be Changed When Directed— All persons or corporations owning or controlling any poles used for telegraph, telephone or electric street car purposes on any street, alley or sidewalk in the City of Houston shall change. or cause to be changed the location of the same when directed of the City of Houston 457 in writing so to do by the City Electrician, in accordance with such instructions as may be given in such written notice. (Id., Art. 990.) Sec. 1273. Penalty—Any person, firm or corporation who shall neglect to comply with the provisions of this chapter shall be liable to a penalty of One Hundred Dollars ($100.00) to be recovered in a civil suit brought in either of the Justice’s Courts of Precinct No. 1, of Harris County, Texas. (Id., Art. 991.) Sec. 1274. Shall Not Construct Poles, Etc., Except as Pro- vided by This Article—No person, firm, corporation or com- pany shall hereafter erect or construct any pole, pier, abutment or any other necessary fixture, appurtenance or appliance for electric light, power, telephone or telegraph purposes along or across any of the streets, alleys, avenues or squares or else- where within the City of Houston for electric light or power, telephone or telegraph purposes, or shall hereafter maintain any such pole, pier, abutment, wire or other necessary fixture, appurtenance or appliance heretofore erected or constructed within said city, except in accordance with the provisions of this article. (Id., Art. 101.) | . Sec. 1275. No Poles, Etc., to Be Erected—No such per- son, firm, corporation or company as mentioned in Section 1269 shall hereafter erect or construct any pole, pier, abutment, wire or other fixture, appurtenance or appliance such as men- tioned in Section 1269 without first obtaining a permit from City Electrician so to do. (Id., Art. 102.) Sec. 1276. No Two Lines of Poles Bearing Same Conduc- tor on Same Side of Street—No two lines of poles bearing the same class of conductors shall be erected on the same side of any street, alley, or avenue of this city. (Id., Art. 103.) Sec. 1277. Poles Requisite; How Erected, Etc.—All poles shall be erected and maintained in a perpendicular position and shall be straight and free from bark and placed immedi- ately within the curbing where the sidewalks are eight feet or upwards in width, and shall be placed in the curbing on a line with its outer surface where the sidewalks are less than eight feet in width. When the curbing is not laid, the outer line of the same shall be taken and eight inches within the outer line if the sidewalks are eight feet or more in width. (Id., Art. 104.) 458 Revised Code of Ordinances Sec. 1278. Each Line of Poles to Run on Same Side of Street—Each line of poles shall be run on one side of the street, alley or avenue only, except when absolutely necessary to change to the other side; but this may be done only by permis- sion of the City Electrician. Cross arms shall be of uniform length, strengthened by braces, and the cross arms of each company shall be branded or stamped with the initials of the company owning the same, and no wires shall be less than twenty-five feet from the curb in height. (lId., Art. 105.) Sec. 1279. No Advertising Matter to Be Placed on Poles —It shall be unlawful for any person, firm or corporation to place or allow to be placed any advertising cards or posters or other light material on any of their poles within the city limits, and any person, firm or corporation allowing the same to be done shall be deemed guilty of an offense. (Id., Art. 106.) Sec. 1280. Companies Shall File Agreement for Joint Use—Any company erecting poles under the provisions of this article shall, before obtaining a permit therefor from the City Electrician, file an agreement in the office of the City Secretary permitting the City of Houston to occupy and use the cross arm of any pole erected, or which is now standing, for the use of said city for telegraph purposes free of charge, and any such cross arm, insulators or poles found to be in bad order shall be placed in good condition by such companies, firms or corporations owning such poles, cross arms, insu- lators or supports for said wires on being notified by the City Electrician. (Id., Art. 118.) Sec. 1281. Must File Permission to Use by City—Every telegraph or telephone or other electric company doing busi- ness within the city shall file with the City Secretary its acceptance in writing of so much of this article as relates to the use by the city of the top cross arm of the poles. (ld., AYts 127.) Sec. 1282. City Electrician May Change Location of Poles—The right is hereby reserved to the City Electrician, at any time, to direct any alteration in the location of poles, and also in the height at which the wires shall run; but before any such alteration is made, at least five days’ notice in writing shall be given the president or local officer of the company affected by the proposed alteration, and reasonable oppor- tunity shall be afforded the representatives of such company or any citizen interested to be heard therein. But when any such alteration shall be ordered, the said company shall, with- of the City of Houston 459 - in five days thereafter, commence such alteration and com- plete the same as soon as practical thereafter, and upon failure to do so, it shall be deemed guilty of a misdemeanor and punished as hereinafter provided. (Id., Art. 1238.) Sec. 1283. Poles to Be Painted—That all poles erected to carry telephone, telegraph, electric light or other wires shall be painted in accordance with the following conditions, viz: 1. That all the poles shall be painted black for a distance of seven feet above the ground line. 2. That from a distance of seven feet from the ground line to the top of all poles of any company or association, shall be painted a uniform and distinctive color that may be as- signed to said company by the City Electrician. 3. That whenever application is made for the purpose, it shall be the duty of the City Electrician to assign to each company or association that have poles erected, a distinctive color for the painting of the poles, and the City Electrician shall thereupon notify the Street Commissioner, Chief of Fire Department and Chief of Police Department, the name of the company and the distinctive color so assigned. (Id., Art. 124.) Sec. 1284. Penalty—Every violation of the provisions of this article shall constitute a misdemeanor, and the persons, company or corporation, or any employee, agent, manager or officers thereof guilty of violating any of the provisions shall upon conviction thereof in the Corporation Court be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each offense, and every vio- lation of and each and every day’s failure or refusal to comply with said provisions shall constitute a separate offense, and in case of wilful and continued violation of the provisions of said sections by any such.person, company or corporation, as aforesaid, or their agents, employee, servant or officers, the city shall have the power to revoke and repeal ahy ordi- nance under which said person, company or corporation may be acting, and to revoke and repeal all permits, privileges and franchises to said persons, company or corporation as afore- said. . (Id., Art. 125.) ARTICLE 6. BILL POSTING. Sec. 1285. Bill Posters Must Have License—No person shall engage in or carry on the business or occupation of bill posting in the City of Houston without having first obtained 460 Revised Code of Ordinances a license or permit from the proper authorities to carry on said business in accordance with the provisions of this article. (Mar. 5, 1906, Ord. Bk. 2, p. 251, Sec. 1.) Sec. 1286. Who Are Bill Posters—Bill posters, within the meaning of this article, shall be construed to include all per- sons who engage in the business or occupation of posting, by tacking, posting, painting or otherwise circulating from house to house, or distributing upon the streets or upon any public grounds or private property any advertising matter, bills, posters, pictures or any other thing, matter or device what- soever, advertising the business of any person, firm or cor- poration, whether that of merchant, manufacturer, publisher or person or persons engaged in any business or industrial ~ pursuit, or any operas, theatres, shows, circuses or other ex- hibitions; provided, however, that nothing herein contained shall be construed to mean the painting of store, office or other signs by sign painters, or to the posting of legal notices by public officers, attorneys, trustees, or other persons whose | duty it may be to post the same, in the manner and in the places prescribed by law. (Id., Sec. 2.) Sec. 1287. How to Obtain License; Fee; Bond—Any per- son desiring to engage in the business of a bill poster within the said city shall make application in writing to the City Council of said city for a license so to do and file such applica- tion with the City Secretary of the City of Houston. The City Council may thereupon grant such license or permit, and di- rect that the same be issued to the applicant, upon his paying to the City Assessor and Collector the sum of Fifty Dollars ($50.00), and filing with the City Secretary of the City of Houston the Assessor and Collector’s receipt therefor, and upon the further condition that the applicant shall file with the said City Secretary of the City of Houston a bond in the sum of Five Hundred Dollars ($500.00), payable to the City of Houston, with two or more sufficient sureties, or with some responsible surety company authorized to do business in the State, and having a local agent in Harris County, Texas, which bond shall be acceptable to and be approved by the Mayor of the City of Houston, and be conditioned that the party to whom such license or permit is issued will conform to all ordinances of the City of Houston regulating, concerning or in any man- ner bearing upon the business of a bill poster. The said license or permit shall be signed by the Mayor and attested by the City Secretary of said city, and shall expire one year from the of the City of Houston 461 — gee of its issuance, unless sooner revoked or canceled, as hereinafter provided. (Id., Sec. 3.) Sec. 1288. No Advertisements, Etc., to Be Painted, Etc., on Any Curb, Sidewalk, Etc.—No person in said city shall paint, print or post any picture, bill or advertising matter of any kind upon any curb, sidewalk or other public improvement in any public street or grounds, or upon any bridge or part of same, or public building, structure or erection of any kind be- longing to the City of Houston, unless express consent therefor shall have been first granted by the City Council and entered on its minutes. (ld., Sec. 4.) Sec. 1289. No Advertising Matter, Etc., Shall Be Painted, Etc., on Any Post, Etc., Property of Another, Etc.—No per- son shall hereafter paint, print or post or in any way affix any picture, bill or advertising matter of any kind upon any post, fence, tree, billboard or signboard, upon any building or erection or structure of any kind, within the City of Houston, unless the building or object upon which the same may be placed is the property, or under the control of the person so doing, or unless the consent of the owner or the person in con- trol thereof shall have been first obtained. (Id., Sec. 5.) Sec. 1290. Handing Out, Etc., of Advertising Matter on Streets, Etc., Forbidden—No person shall give or hand to any person or persons passing through or upon the streets or sidewalks, or loosely scatter or throw any bills of paper, or other advertising matter, or loose material, on the surface of any of the public streets or ways, or on the public grounds of said city, or within the yards of private residences. (Id., Sec. 6.) Sec. 1291. Posting of Obscene or Immoral Matter For- bidden—No bill poster or other person shall post or affix in any way to any building, structure or object whatsoever, so that same shall or can be seen from any of the public grounds or public ways, any bill, picture, illustration, printed matter or any other object or device of any obscene or immoral na- ture or character. (Id., Sec. 7.) Sec. 1292. Bill Posters Shall Not Leave Refuse, Etc., on Sidewalks, Etc.—No bill poster shall scatter, daub or leave any paste, glue or other like substance used for or in any way con- cerned in the affixing or posting of bills upon any public side- walk, pavement or street in said city, or scatter or throw any old bills or waste material removed from bill boards or other 462 Revised Code of Ordinances objects on any such sidewalk, street or pavement, or on the surface of any public street or way, or on the surface of any private grounds. (Id., Sec. 8.) Sec. 1293. Bill Posters Shall Avoid Creation of Nuisances, Etc.—No person carrying on the business of bill poster, as the same has been herein defined, shall post or in any manner affix bills or other forms of advertisements in such a manner as to create a nuisance, or a slovenly or unsightly appearance at any place in said city, but all such posting or affixing of bills or other advertisements of any kind whatsoever shall be done in a neat.and tidy manner, and all refuse and waste of every kind whatsoever shall be carefully removed at once. _ (ld., Sec. 9.) Sec. 1294. Bill Posters Shall Not Erect Sign Board With- out Permit from City Council, Etc.—No bill poster or person engaged in the business of bill posting shall erect any bill board within the City of Houston without first having obtained a per- mit so to do from the City Council of the City of Houston, after having filed’ his application with the City Secretary of said city. (Idi; Sec: 10:) Sec. 1295. Biull Poster Shall Not Use Poles, Etc.—wNo bill poster or other person shall post, paint or affix in any way to any telegraph pole, electric light pole, telephone pole, or street car pole, or tree, any sign, notice, card or advertisement of any kind or character whatsoever. (Id., Sec. 11.) Sec. 1296. City Council May Cancel License; Must Return Pro Rata Portion License Fee—The City Council of the City of Houston shall, at any time after the issuance of a permit or license as is provided for in the provisions of this article, have the right to cancel and revoke the same, without assigning any cause whatever for so doing, upon refunding to the person, firm or corporation to which such license has been granted the pro rata portion of the fee paid for such permit or license; that is, such proportion as the unexpired time or term for which such permit or license was granted bears to the entire time or period for which same was granted. (Id., Sec. 12.) Sec. 1297. Penalty—That any person violating any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof in the Corporation Court of said City of Houston shall be fined in any sum not less than Five Dol- lars nor more than One Hundred Dollars. (Id., Sec. 14.) of the City of Houston 463 ARTICLE 7. TRAFFIC (STREET). Sec. 1298. Definition of “Driver,” ‘“Street,’”’ ‘‘Curbs,”’ ‘“‘Person,”’ “Persons”? and ‘‘Vehicles’”—The word “driver,” as used in this. article, includes the rider or driver of any horse, the operator of any motorcycle, automobile, street car or other vehicle however drawn or propelled. The word “street” in- cludes every avenue, boulevard, highway, cartway, lane, alley, path, square, place and places used by or laid out for the use of vehicles. The word “curbs” are the lateral boundaries as- signed for the use of vehicles whether marked by curbstone or not. The word “person” or “persons” includes all individuals, associations, partnerships, corporations or agents. And the term “vehicle” shall include every wagon, ‘omnibus, carriage, pusheart, bicycle, tricycle, motorcycle, automobile or other conveyances, except baby carriages, in whatever manner or by whatever power the same may be driven or propelled. (Mar. A, A914 Orde Bky 4, ps 245,..Rule/53:) Sec. 1299. Drivers, Etc., of Vehicles Must Familiarize Themselves With Rules of the Road, Etc.; Want of, Prima Facie Evidence of Negligence, in Civil Actions; Offense—It shall be unlawful for any person to permit any motor driven or horse drawn vehicle to be run, driven or operated by any per- son unless such driver or operator has familiarized himself with the rules of the road as prescribed herein and the other requirements of this article and has sufficient intelligence to understand the same and sufficient skill and strength to comply therewith. Any violation of any of the provisions of this ar- ticle by any person in charge of or operating any such vehicle shall be deemed an offense not only by the person actually in charge of and operating such vehicle but also by the owners or managers thereof, and in any civil action for damages growing out of or connected with the use of any machine or vehicle on the roads or streets of the City of Houston proof that the ve- hicle so operated or driven by a person who was not familiar with the rules of the road as prescribed in this section and the other provisions of this article for the operation thereof, or by a person that had not sufficient skill or strength to comply with the provisions hereof shall be prima facie evidence of negli- gence. (Mar. 4, 1914; Ord. Bk. 4, p. —, Sec. 1.) Sec. 1300. Failure to Observe Traffic Ordinances Negli- gence Per Se—Failure to observe any of the provisions of this 464 Revised Code of Ordinances article shall constitute negligence per se, and should such fail- ure result in injury to any person, in any civil action for dam- ages on account thereof, no other or further proof of neg!li- gence shall be required. (ld., Sec. 2.) Sec. 1301. Speed Limit—It shall be unlawful for any au- tomobile or other vehicle, including ambulances, to be operated on the streets or ways of the City of Houston in the district bounded by Buffalo Bayou, Crawford Street and McKinney Avenue, also in any cemetery or place of burial within the city, or within any public park in said city at any speed greater than 10 miles per hour. In all other portions of said city said speed limit shall not exceed 15 miles per hour, provided, that in turning any corner at any place in the city limits the speed limit shall not exceed 5 miles per hour, and provided further, that the designation of speed limits shall not constitute a li- cense for any person in charge of any automobile or other vehicle on any public street or way in the City of Houston to drive the same at the speed limit indicated regardless of prop- erty, but same shall be at all times operated with the consider- ation of safety first and at a speed no greater than is reason- able and proper, having regard for the traffic and use of the public streets and ways by others, or so as to endanger the life, limb or property of any person then thereon, and the careless operation of such machine at a speed greater than is proper and safe at any given point or place shall constitute an offense ‘even though the speed limit designated herein is not exceeded. (Id., Sec. 3.) Sec. 1302. Rules and Regulations Governing Drivers, Etc., of Automobiles, Etc.—It shall be the duty of any person driving or operating an automobile, motor or other kind of vehicle upon any street or way in the City of Houston to ob- serve the following rules in addition to those prescribed in the next preceding section: (1) Shall Keep to Right Center Line of Streets; How Pass on Meeting Vehicles—He shall always keep to the right hand side of the center line of any and all streets or ways in the City of Houston, and in meeting any vehicle shall pass to the right. (2) Unlawful to Drive or Stop Abreast; How Pass on Overtaking Vehicle—It shall be unlawful for vehicles to be driven or stopped abreast, and a vehicle overtaking another vehicle shall pass to the left side of the overtaken vehicle and shall not pull over to the right until entirely clear of the over- of the City of Houston 465 taken vehicle, nor shall it leave the center line on the right unless there is a clear way of at least 100 feet in advance on the left. (3) Avenues, Etc., With Park Way, Etc.—On all avenues or streets divided by park way, walk, sunken way or viaduct the vehicle shall keep to the right of such division. (4) Turning Corners or in Streets, Etc., Observation to Be Made, Etc.—In turning a corner, or turning in the street, or in crossing to the opposite side of the street the driver shall make observation both in front and rear for approaching ve- hicles, and shall as speedily as possible regain his position on the right side of the street. (5) Turning Corners, How Done—In turning a corner to the left the driver shall go to the further side of the inter- section to turn, and in turning a corner to the right he shall turn on the near side of the intersection as near the curb as practicable, having his motor thoroughly under control. (6) Vehicles Not to Pass at Street Intersections Vehicles Going in Same Direction—No vehicle shall pass or attempt to pass, at any street intersection, another vehicle going in the same direction. | (7) How Vehicles Turning to Left Shall Enter Other Streets—Al]l vehicles turning to the left into another street shall pass to the right of and beyond the center of the street intersection before turning. (8) Positions, Etc., of Vehicles With Reference to Curbs —No vehicle shall stop with its left side to the curb, and all vehicles when stopped shall stand parallel to the curb, nor shall any vehicle stand backed up to the curb except when actually loading and unloading, and when a horse drawn vehicle having four wheels is backed up to the curb the horse or horses shall be turned so as to be parallel with the curb and head in the direction of travel for the side of the street on which the ve- hicle is standing and no vehicle shall stand or back up to. the curb if it interferes with or interrupts the passage of other vehicles or street cars. (9) Stopping, Etc., Vehicles in Streets Prohibited, Ex- cept; Crossings Not to Be Obstructed—Unless in an emer- gency or to allow another vehicle or pedestrian to cross its path no vehicle shall stop or stand in any public street or way in the City of Houston except close to the curb line, and not over two feet therefrom, nor shall any vehicle stop so as to obstruct a crossing, nor within ten feet of a fire hydrant; provided, that 466 Revised Code of Ordinances nothing herein shall prevent a vehicle from stopping at a street crossing to take on or discharge passengers. (10) Stopping, Etc., at Intersection, Prohibited; Dis- charge, Etc., of Passengers—No vehicle shall stop and stand within the intersection of any two streets and drivers of ve- hicles that are proceeding along the right hand side of the street and desire to discharge or take on passengers on the left side of the street shall go to the intersection of the street and cross over, as is required for vehicles making a turn. (11) Passing, Etc., Street Cars Receiving, Etc., Passen- gers; Traffic Officer to Be Obeyed—All drivers of vehicles overtaking or passing a street car that is receiving or dis- charging passengers shall exercise due caution not to inter- fere with or injure the passengers getting on or off said car, and unless there is a clear way between vehicle and car of seven feet it shall be the duty of any such vehicle to stop until the passengers have been safely taken on, or discharged as the case may be, or have reached the curb; provided, that all vehicles shall move when signaled to do so by the Traffic Officer. (12) Right of Way of Vehicles—On all public streets and highways in the City of Houston all vehicles going in a north- erly or southerly direction shall have the right of way over those going in an easterly or westerly direction ; provided, that officers and members of the Fire Department with their fire apparatus when going to, or on duty at or returning from a fire and all officers or men and vehicles of the Police Depart- ment, and all ambulances, when answering emergency calls, shall always have the right of way over any street and through any procession. Street cars shall have the right of way on their tracks, and persons driving vehicles on the street car tracks between street intersections shall immediately turn out on signal given by the motorman. (13) Intending to Stop, Signals to Be Given to Those Be- hind; Other Signals—When intending to slow up or stop a signal shall be given by the driver so intending to those behind by raising the whip or hand vertically. In turning while in motion or in starting to turn from a standstill, a signal shall be given by raising the whip hand, indicating in which direction the turn shall be made. — (14) Distance Between Vehicles Approaching, Etc., Crossing—No person having charge of a vehicle shall allow the same to come within ten feet of any vehicle in front of him when approaching or passing over a crossing over which pedes- trians are crossing or about to cross. of the City of Houston 467 (15) Duty of Driver Receiving Signal from Another of Intention to Pass—When any person in control of a vehicle receives a signal that the person behind desires to pass it shall be his duty to draw in as close to the right curb as practicable until the said passing has been accomplished and the passing vehicle has pulled into its place on the right hand side of the street or highway. (16) Crossing of Streets by Pedestrians—No street shall be crossed by any pedestrian or vehicle except at intersections, and then the turn shall be made straight across at right angles and not diagonally. (17) Curbs Not to Be Monopolized—wNo vehicle shall be allowed to monopolize any part of the curb, and shall promptly give place to any vehicle about to take on or let off passengers. (18) Vehicles, How Loaded With Iron, Etc.—No person shall load a vehicle with iron or other material that may strike together and produce a disturbing or disagreeable noise with- out making proper provision so that same shall cause no un- necessary noise while proceeding through the streets, nor shall any person so load a vehicle with iron, lumber or other ma- terjal as that it will be permitted to hang over and drag on the street. (19) Contents of Vehicles to Be Covered, When—No ve- hicle containing substances or objects objectionable to the eye, or which throw off an offensive smell, shall be driven through the streets unless said substances or objects shall be covered with a tarpaulin or other sufficient covering. (20) Not to Cross Lines, Etc., of Funeral: Processions— No person shall ride or drive any animal or vehicle across the line or through a funeral procession while the same is pro- ceeding along any of the streets or ways in the City of Hous- ton; however, when such procession is at a standstill for any reason, the vehicles composing same shall be so moved and placed as to permit crossing on intersecting streets. (21) Permits Necessary for Vehicle to Draw Another, Except—wNo person shall be permitted to draw a vehicle by the use of another vehicle in a street without written permission from the Chief of Police, except in cases of accident or emer-— gency, in which case the driver of a vehicle may draw one other disabled vehicle in a street; provided, the vehicles are securely attached to each other, and if after nightfall are duly lighted. (22) Bicycles, Etc., Prohibited on Sidewalks, Etc.—No person shall ride a bicycle, tricycle or motorcycle over or upon 468 Revised Code of Ordinances any sidewalk or foot walk intended for the use of pedestrians, and no person shall lead, drive or ride an animal or propel a vehicle upon a sidewalk except in passing into or from lots where turnouts are constructed and provided peut the street for such purpose. (23) Pedestrians Not to Obstruct Sidewalks, Etc.—A pedestrian shall not stop or stand in the way so as to obstruct the free use of the sidewalks or street corners or any other pub- lic place in the City of Houston by loafing, lounging or stand- ing in and on the same. . (24) Bicycles, Etc., to Have Gongs, Etc.; Not to Be Sounded, Except; Character of Gongs—AIll bicycles, tricycles, velocipedes, motorcycles, automobiles and all horseless vehicles upon the streets shall have attached thereto a gong, bell or horn or other adequate signal and in good working order of proper size and character sufficient to give warning of the approach of such vehicles, and such gong, bell, horn or other devices shall not be sounded except when necessary to give warning; provided, that no such gong, bell, horn or other sig- nal shall be used as shall produce a sound of an unusually loud, annoying or distressing character, or such as to frighten pedes- trians or animals or make an offensive noise or constitute a nuisance, such as “sirens” or similar instruments; provided, that the inhibition of this section shall not apply to a public ambulance, or vehicles belonging to the Fire Department or Police Department of the City of Houston. (25) Emission of Steam, Etc., by Motor Vehicles—No person operating a motor driven vehicle shall permit the mo- tor to operate in such manner as to visibly emit any undue amount of steam, smoke or other product of combustion from exhaust openings, nor permit such vehicle to make unnecessary noise by cutting out the muffler. (26) Lights on Automobiles After Sunset—All automo- biles operated or standing in the public highways of the City of. Houston between one-half hour after sunset and one-half hour before sunrise shall be provided with at least two lighted lamps visible for a reasonable distance in the direction toward which the vehicle is going, and one red light attached to the rear of such vehicle. | (27) Street Cars, Etc., Using Electric, Etc., Lights, Must Be Equipped With Turn Down, Etc.—Street cars, automo- biles, motorcycles and other vehicles, except the Police and Fire Departments, using electric or are lights or any lights with reflector or lens or mirror of a penetrating effect of more of the City of Houston 469 than 200 feet must be equipped with the necessary turn down or reduction method of reducing the intensity and reflecting power of the lamp or light, or be so adjusted that when in use all of the direct rays or lights thrown out of said lamp, lamps, mirror or reflectors shall strike the ground at a distance of not greater than 200 feet from said lamp. (28) Lights to Be Displayed by Horse Drawn Vehicles After Sunset—Any horse drawn vehicle while in use in the streets between one-half hour after sunset and one-half hour before sunrise must display one or more lights or lanterns on the left side of said vehicle, so placed as to be visible from both front and rear. (29) Directions of Traffic Officer to Be Obeyed—It shall be the duty of all drivers of street cars, vehicles, pedestrians and others to watch for and comply with the directions by voice, gesture or signal of the Traffic Officer or the Police and a wilful failure or refusal to comply therewith shall con- stitute an offense. (30) Certain Vehicles Have Right of Way; Duty of Other Vehicles; Speed Limit for Vehicles of Police Department in Certain District—That the Police, Fire Department, Fire Pa- trol, ambulance, United States mail and street railways while in the active discharge of their duties shall have the right of way of all vehicles, and on approaching or sounding the bell or other signals thereon all other vehicles shall clear the way; pro- vided, that on Main Street from McKinney Avenue to the Bayou, and on all the streets and avenues in the district bounded by Capitol Avenue, San Jacinto Street, Franklin Ave- nue and Milam Street, inclusive of said bounding streets and avenues, the provisions of Section 1301 regarding the speed to . be allowed in said district shall apply to the vehicles of the Police Department, but the provisions of Section 1301 shall not ‘apply to such vehicles at other points of the City of Houston, nor shall the speed limits therein designated at any time or place apply to the Fire Patrol or Fire Department, provided further, that no ambulance shall be driven on or across Main Street except when necessary to answer a call which necessi- tates the use of said street and then only for such distance as is unavoidable. . (31) Duty of Drivers on Approach of Fire Apparatus—- Upon the approach of any fire apparatus the. driver of any vehicle shall immediately drive it as close as may be practi- cable and parallel to the right hand curb and stop and remain there until the fire apparatus shall have passed. 37 A70 Revised Code of Ordinances (32) Obstruction of Streets by Vehicles, Etc., Prohibited —No vehicle or street car shall so occupy any street as to un- necessarily interfere with the passage of other street cars or vehicles. (33) Vehicles Loaded With Merchandise, Etc., Not to Be Driven on Main Street Between McKinney and Commerce, Except—No vehicle loaded with merchandise, freight or other commodities shall be driven on Main Street from McKinney Avenue to Commerce Avenue, except for such distance as may be necessary to reach the buildings to which it is going. (34) Street Cars to Stop on Approach of Fire Engine, Etc., and Before Passing Fire Station—The driver of a street car shall immediately stop such car and keep it stationary upon the approach of a fire engine or other fire apparatus on an intersecting street and before passing in front of any fire station shall stop and give three bells. (35) Police Department, Etc., Right of Way Through Processions, When—The Police, Fire Department, ambulance answering emergency calls shall have the right of way through all and any processions, when in the regular course of their duty. (36) Vehicles in Procession, Not to Obstruct Intersecting Streets—The drivers of vehicles shall not proceed in proces- sion in such manner as to block or interfere with the passage of intersecting streets, but shall always keep sufficient space between them at intersections to permit of such passage. (37) Duty Drivers of Street Cars to Notify Pedestrians if Can Pass—A driver of a street car at a street intersection © shall indicate by an unmistakable wave of his hand to the approaching pedestrians and drivers of vehicles whether they may pass in front of the car. (38) Street Cars Loading, Etc., Passengers, to Stop, Where—All street cars shall stop at the near side of all cross- ings and curves, for the purpose of loading or unloading pas- sengers in the business district. In stopping at the intersec- tions of streets on the near side of the same, the car shall be stopped on the building line of such streets. Outside of the district bounded by Capitol Avenue, Fannin Street and Buffalo Bayou cars shall stop on the far side of the streets. (39) Property Left nm Vehicles for Hire—Drivers and _ operators of public vehicles for hire shall promptly deliver to the Chief of Police all property of value left in their vehicles by passengers. of the City of Houston A471 (40) Vehicles Shall Not Drive on, Etc., Fire Hose—No person shall propel, permit or allow any motor vehiéle, car, bicycle or other vehicle to be propelled or driven, nor drive, permit or allow any animal attached to any vehicle whatso- ever to be driven on, over or across any fire hose, or to ob- struct, delay, hinder or impede any fire apparatus or any mem- _ ber of the Police or Fire Department while in the discharge of their respective duties along, over, on or about any of the avenues, streets, parks or highways or other public places within the city limits. (41) Spreaders of Animals Drawing Vehicles Prohibited —No person, owner or driver in charge of a double team of horses or mules shall use spreaders on the reins, and no team of horses or mules shall be hitched to a wagon or other horse drawn vehicle as that it will cause said horses or mules to spread apart under normal conditions to exceed two feet six inches on the inside from shoulder to shoulder. (42) Horses Not to Be Left Unhitched, Unless—No horse shall be left unattended in any street or highway unless se- curely fastened, or unless the wheels of the vehicle to which he is harnessed are securely tied, fastened or chained, and the vehicle is of sufficient weight to prevent it being dragged at a dangerous speed with the vvheels so secured. (48) Horses Shall Not Be Unbitted, Unless—No horse shall be unbitted in any public street or highway unless se- cured by a halter. (44) Wheels, Etc., Not to Be Removed, Unless—No per- son in any street, or highway, shall remove a wheel, pole, whip- pletree, splinter-bar, or any part of a vehicle, or any part of the harness of a horse likely to cause an accident if the horse should start, without first unhitching the horse or horses at- tached to said vehicle. (45) Streets, Etc., Not to Be Used for Breaking Animals, Etc.—No person shall drive upon the streets or highways any unduly dangerous or partially “broken” animal, or use the streets or highways for the use of breaking animals, it being the intention of this section to define the words “broken” and “breaking” to the acts of accustoming animals to the saddle and harness, nor shall any person drive any animals on the streets of the City of Houston for the purpose of offering or showing the same for sale. (46) Horses, Etc., Not to Be Hitched to Fire Alarm Box, Etc.—No person ‘shall fasten, tie or hitch any horse or mule or other animal to any fire alarm box, nor to any pole or post AT2 Revised Code of Ordinances used for the purpose for the support of such box, nor to any tree standing or being on any street or highway in the city limits. (47) Spitting in, Etc., Street Cars, Etc., Prohibited—No person shall expectorate or spit in or upon any part of any street car, railway carriage or other public vehicle carrying passengers for hire, nor in or upon any public building belong- ing to the city, nor upon any parkway, footpath or sidewalk in the City of Houston. (48) Notice Forbidding Spitting to Be Posted—Street railways and other proprietors of. other public vehicles car- rying passengers for hire shall keep posted conspicuously in every one of their cars notices forbidding such expectoration. (49) Hanging on Street Cars, Etc., by Persons Riding Bicycles, Etc., Prohibited—It shall be unlawful for any person or persons riding a bicycle, tricycle, motorcycle, skates or other vehicle of like character, or on foot, to cling to or hang on to any street car, automobile or other vehicle while in motion. (50) Obstructions of Streets, Etc., by Organizations, Etc., Without Permit, Forbidden—No person, society, organization or company, or circus parade shall obstruct or impede the or- dinary use of the streets, sidewalks, squares, parks or park- ways by assembling crowds thereon, or use the same for the purposes of preaching, begging, speech-making, hawking of goods and merchandise, selling medicine or other commodities or pursue any other vocation that will cause the assembly of crowds thereon, without having first obtained a permit from the Mayor and the City Council. (51) ‘Duty of Police to Familiarize Themselves With Traffic Ordinance, Etc.; Duty of Persons Using Streets—It shall be the duty of the police to thoroughly acquaint them- selves with the provisions of this article and to assist all per- sons using the streets of the City of Houston to become ac- quainted and to comply therewith. And it shall be the duty of all persons using the streets and ways of the City of Hous- ton to comply with these regulations or with any directions or suggestions with regard thereto given to or made by the police. (52) Duty of Drivers in Case of Accidents, Etc., Due to Driving, Etc.—In case of accident to or collision with persons or property upon any of the public streets, parks or parkways of the City of Houston due to the driving or operation thereon, of any vehicle, the person so driving or operating such vehicle shall stop and give such reasonable assistance as can be given, of the City of Houston 473 and shall upon request of the person injured or any other per- son give such person his name and address, and if not the owner, the name and address of the owner of such vehicle, to- gether with the registered number of such vehicle, whether such vehicle is motor propelled or horse drawn. (lId., Sec. 4.) Sec. 1303. Vehicles Not to Stand Longer Than; Excep- tions—No person shall leave a vehicle hitched or standing in front of any person’s residence, place of business or property for more than thirty minutes against the consent of the owner or occupant of such property, and in the district bounded by Franklin Avenue, Texas Avenue, Fannin Street and Travis Street, said streets being included, no vehicle shall be left standing or hitched for a longer period than thirty minutes; provided, that this section shall not apply to streets and places that have been created as hack stands, nor shall it interfere with persons selling produce on the Market Square by permis- ' sion of the City of Houston or the Market Master. (Id., Sec. 5.) Sec. 1304. Persons in Charge of Vehicles Shall Not Re- fuse, Etc., to Stop, Etc., as Directed by Police Officers—No person having charge of a vehicle in the public streets shall refuse or neglect to stop, or move, or place the same as directed by the police officers, any of these rules to the contrary not- withstanding. (ld., Sec. 6.) Sec. 1305. Penalties—Any person violating any of the provisions of this article shall be deemed guilty of a misde- meanor, and upon conviction thereof in the Corporation Court shall be fined in any sum not less than One Dollar nor more than One Hundred Dollars. (Id., Sec. 7.) ARTICLE 8. ~ MISCELLANEOUS. Sec. 1306. Unlawful to Wash Vehicles on Streets Paved With Brick or Asphalt—It shall be unlawful for any person, firm or corporation to wash any carriage, wagon or other ve- hicle upon any street of the City of Houston now paved or hereafter paved with asphalt or brick. (Code 1904, Art. 700.) Sec. 1307. Unlawful to Mix Mortar or Cement on Said Streets—It shall be unlawful for any person to mix any lime or other mortar or cement upon any of said streets. (Code 1904, Art. 701.) 474 Revised Code of Ordinances Sec. 1308. Unlawful to Make a Fire or Burn Trash on Said Streets—lIt shall be unlawful for any person, firm or cor- poration to burn any trash or make any fire upon said streets, — or to use any fire thereon in any manner, or to heat the same, or to take any receptacle thereon, in which there is fire that is calculated to heat said pavement on said streets. (Code 1904, Art. 702.) Sec. 1308a. Injuring Sidewalks—Any person who shall wilfully or maliciously tear up, injure, deface or destroy any sidewalk, or any portion thereof, shall be fined not less than Five nor more than One Hundred Dollars. (Code 1904, Art. 715.) Sec. 1309. Livery Men Injuring Streets—That it shall be unlawful for any person or persons, being the owner of any livery, sale or feed stable, to keep, feed, clean, wash or allow to stand and stamp upon any pavement on the street in the - City of Houston, any horse, mule, or other animal; provided, however, that this section shall not apply to the ordinary use or usual stoppage of animals in harness and hitched to vehicles and in charge of a driver. (Code 1904, Art. 716.) Sec. 1310. Width of Tires to Prevent Injury to Pave- ments—That no person shall use, cause or suffer to be used, any wagon, cart or other vehicle of heavy draft upon any pave- ment or macadamized street, highway or other public place of the City of Houston for the purpose of drawing or hauling brick, sand, stone, ice, wheat, corn, flour, logs, lumber, coal, wood, iron, copper or other heavy material, unless the tires upon the wheels of such cart or other vehicle, when drawn by one or two horses or other animals, are at least three (3) inches in width; and by more than two horses or other ani- mals, are at least four (4) inches in width; but this section shall not apply to vehicles now in use in this city until the tire or felloes of such vehicle is repaired or worn out, or to ve- hicles used by farmers and gardeners, coming into the city with garden or farm products, or to vehicles used generally for the purpose of conveying persons or passengers. (Code 1904, Art. 718.) Sec. 1311. Penalty—Any person violating or failing to comply with the provisions of the preceding section shall be punished by a fine of not less than One Dollar and not more than Fifty Dollars. (Id., Art. 719.) Sec. 1312. Hauling of Gravels, Etc., in Wagon—The haul- ing of gravel or broken rock, or kitchen slops, brewing mash of the City of Houston AT5 and stable manure, is hereby prohibited over any of the streets in the City of Houston, in loosely constructed wagons which ‘admit of said gravel, rock or filth dropping out upon the streets of the city, but said material and matter to be only hauled in wagons so constructed as to prevent any of its contents dropping upon any of said streets. (Id., Art. 457.) Sec. 1313. Penalty—Any person violating any of the pro- visions of the preceding section shall be fined any sum not less than One Dollar nor more than Twenty-five Dollars. (Id., Art. 458.) Sec. 1314. Unlawful to Throw Banana Peelings on Side- walks—It shall not be lawful for any person to throw any banana peeling on any sidewalk or street crossing. (Code 1904, Art. 720.) Sec. 1315. Unlawful to Ride or Drive On or Across Side- walks—It shall be unlawful for any person to ride or lead any horse, or drive any team on or across the sidewalks, except at such places as may be constructed and used for that pur- pose. (Code 1904, Art. 721.) Sec. 1316. Throwing Articles from Roof or Upper Story —Any person who throws any article from the roof or an upper story of a house upon any street or sidewalk must be fined. (Code 1904, Art. 728.). | Sec. 1317. Any person or persons violating any of the previous sections of this article, where other penalty is not provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not more than One Hundred Dollars. (Sept. 5, 1905; Ord. Bk. 2, p. —, Sec. 1.) Sec. 1318. Throwing of Trash, Etc., on Sidewalks, Etc.; Fastening of Handbills to Poles, Etc.; Penalty—The throwing, depositing or placing of any stable manure, hulls. peelings, handbills or other deposits or litter upon sidewalks, streets or other public places in the City of Houston, and also the tying or otherwise posting or fastening of any handbills, advertising paper or other advertising device to any telegraph or telephone pole, fence, bridge or other structure upon or fronting or abut- ting upon or enclosing any of the streets, sidewalks or ways of the City of Houston, be and the same is hereby declared a nuisance, and any person violating this section shall be pun- ished by fine not less than One Dollar and not more than Five Dollars. (Amendment Art. 386, Oct. 30. 1905; Ord. Bk. 2, p. 241, Sec. 1.) A7T6 Revised Code of Ordinances Sec. 1319. Unlawful to Throw Trash on Sidewalks, Etc.— It shall be unlawful for any person to cast or throw any paper or other trash into or upon any public street or sidewalk or any part thereof of the City of Houston, and any person vio- lating this section shall be guilty of an offense, and on convic- tion thereof in the Corporation Court shall be punished as hereinafter provided. (Jan. 4, 1910; Ord. Bk. 2, p. 549, Sec. 1.) Sec. 1320. Unlawful to Permit Paper to Remain on Street, Etc.—It shall be unlawful for any person or corporation, the owner, lessee or occupant of any house, building or place front- ing on a public street of the City of Houston to permit any paper or trash to be or remain in said street opposite said premises at any point between the line of said property and the center of the street, and any person violating this section shall be guilty of an offense, and on conviction thereof in the Corporation Court shall be punished as hereinafter provided. (Id., Sec. 2.) Sec. 1321. Penalty—Any person, corporation or associa- tion violating any of the provisions of the next two preceding sections shall, on conviction thereof, be fined in the Corpora- tion Court in any sum not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) for each offense. (Id., Sec. 3.) Sec. 1322. If Deposited in Galvanized Box, Etc., No Of- fense—Where a person deposits such trash, as under the ordi- nances of the City of Houston is removed by the city garbage wagons, within a galvanized iron box or receptacle upon the sidewalk for the purpose of being removed by such garbage wagons, shall not be guilty of any offense under the next pre- ceding sections. (lId., Sec. 4.) ; Sec. 1323. Parades Unlawful Without Permit; Penalty— That it shall be unlawful for any number of persons, or for any company or circus or theatrical troupe, to parade the streets of the City of Houston without having first obtained a permit from the Mayor of said city. That the granting of said permits shall be a matter for the discretion of the Mayor. That said permit, when granted, shall state the streets, avenues, alleys and thoroughfares over which said parade is granted permission to pass. That should the Mayor deem it advisable to grant a permit, as herein pro- vided, no fee shall be charged therefor. of the City of Houston ATT seaeciengee ' That any person, company, corporation or troupe which shall undertake to parade the streets of the City of Houston without having obtained a permit, as herein provided, shall be guilty of a misdemeanor, and shall, upon conviction there- of in the Corporation Court, be fined in any sum not more than Two Hundred Dollars; provided, that each person en- gaged in such parade in violation of this section shall be deemed to have committed a separate offense, and shall be fined in any sum not greater than Two Hundred I GISEREE (Aug. it3;.1906:; Ord. Bk? p. 313, Seer.) Sec. 1324. Unlawful to Have Circus Parades from Ist to 20th November; Penalty—It shall be unlawful for any circus, as defined in Section 897, to make or have a public parade on any of the streets of the City of Houston during that period of time from the first to the twentieth day of November of any year. (Oct. 21, 1907; Ord. Bk. 2, p. 450, Sec. 3.) Sec. 1325. Penalty—That any person, corporation, or an association of persons, or their agents or employees, who shall conduct or assist in any manner to violate the provisions of Section 1324, shall be fined not less than One Hundred Dollars ($100.00) and not more than Two Hundred Dollars ($200.00) ; provided, that each exhibition and parade given in violation hereof shall constitute a separate offense. (lId., Sec. 4.) Sec. 1326. Unlawful to Permit Water from Hydrant on Sidewalk, Etc.—That it shall be unlawful for any person, firm or corporation to permit the water from any hydrant, sit- uated upon premises owned or controlled by such person, firm or corporation, to run upon and cause to become muddy and wet any sidewalk or street of the City of Houston. (Oct. 30, 1906; Ord. Bk. 2, p. 335, Sec. 1.) Sec. 1327. Discharge of Water from Fountain, Etc.—No person shall cause or allow to be discharged from his prem- ises the water from any fountain or sink upon the surface or any part of any street or other public ground within the city, so as to cause a public nuisance by so doing. The Water Commissioner may, when in his judgment it is necessary, no- tify any person not to allow water from any fountain or sink on his premises to be discharged in violation of this section. (Id., Sec. 9.) Sec. 1328. Penalty—vViolation of the next foregoing two sections shall be punished, on conviction thereof, by a fine of not less than One Dollar and not more than One Hundred Dol- 478 Revised Code of Ordinances lars, and shall also be liable for any damages to persons or property caused by reason of such violation. (ld., Sec. 20.) Sec. 1329. Governing Sweeping of Sidewalks—That it shall be unlawful for any person to sweep any sidewalk within the fire limits of the City of Houston, between the hours of 7:30 o’clock and 9:00 o’clock a. m., and also between the hours of 5:00 o’clock and 9:00 o’clock p.m. (Nov. 22, 1909; Ord. Bke-2,-p. 499)-Sec.1,) Sec. 1330. Unlawful to Dry Sweep Sidewalks—That it shall be unlawful for any person to sweep any sidewalk within the fire limits of the City of Houston by the method known as “dry sweeping”’ at any time between the hours of 9:00 o’clock a. m. and 5:30 o’clock p. m. By “dry sweeping” is meant sweeping without the use of.water or other liquids to allay the dust in sufficient quantities to have that effect. (Id., Sec. 2.) Sec. 1331. Moist Sweeping Lawful—That moist sweeping by the use of dampened bits of paper, sawdust, tea leaves or other dampened materials equally effective shall be lawful dur- ing any hours of the day other than those prohibited in Section 13829. That is to say, moist sweeping is permit- ted between the hours of 9:00 o’clock a. m. and 5:00 o’clock p. m.; that dry sweeping is permitted from 9:00 o’clock p. m. throughout the night until 7:30 o’clock a.m. (ld., Sec. 3.) Sec. 1332. Penalty—Any person violating any provision of the three next preceding sections shall be deemed guilty of an offense and upon conviction thereof in the Corporation Court shall be fined in any sum not less than One Dollar ($1.00) nor greater than Two Hundred Dollars ($200.00). (Id., Sec. 4.) | Sec. 1333. Regulating Use Stewart Avenue, Etc.—From and after the passage and approval of this ordinance Stewart Avenue from its intersection with Main Street to its intersec- tion with Courtlandt Boulevard and Courtlandt Boulevard and Lovett Boulevard to the intersection of the west line of Mont- rose Avenue, and Montrose Avenue throughout, shall be used only for light driving, and ‘it shall be unlawful to do or to cause to be done any heavy hauling on said streets within said limits, or to use the same for wagons, drays or trucks carrying coal, lumber, hay, iron, machinery, ice, beer, merchandise, farmers’ products, stone, brick, sand, earth, building material, baggage or express matter, heavy merchandise or other heavy material, or for driving cattle, horses, mules, hogs or sheep in of the City of Houston 479 droves or herds, or for the passage of empty drays, wagons or trucks,:or other vehicles not having springs; provided, how- ever, that nothing herein contained shall be considered to re- strain the right to cross said streets at intersecting avenues, or to use the same within and to the extent of one block for the delivery of building materials, household supplies, coal, baggage, merchandise and farmers’ products at the premises on the block so used. (April 14, 1913; Ord. Bk. 3, p. 323, Sec. 1.) Sec. 1334. Penalty—Any person violating the provisions of the foregoing section shall, upon conviction thereof in the Corporation Court, be fined in any sum not less than One Dol- lar ($1.00) nor more than Twenty-five Dollars ($25.00) for each offense. (Id., Sec. 2.) Sec. 1335. Changing Name of Montgomery Avenue to North Main—That that public street of the City of Houston on the north side of Buffalo Bayou beginning at the north end of the viaduct and extending in a northwesterly direction to the north side of Boundary Street, now known and shown on the map as Montgomery Avenue, be and the name of the same is hereby changed between said points to and said public street shall hereafter be known as North Main Street. (July 7, 1913; Ord. Bk. 3, p. 393, Sec. 1.) Sec. 1336. Changing Name of Willow Street to North San Jacinto—That the public street of the City of Houston on the north side of Buffalo Bayou beginning at the north end of the San Jacinto Street Bridge and extending in a northerly direction to its intersection with Liberty Avenue, now known and shown on the map as Willow Street, be and the name of the same is hereby changed between said points to and said public street shall hereafter be known as North San Jacinto Street. (Dec. 29, 1913; Ord. Bk. 3, p. 585, Sec. 1.) Sec. 1337. Removing Landmarks and Street Signs—Any person who removes any post, stake or other mark indicating the lines of any street or alley, or who pulls down, removes or defaces any board, sign or plate indicating the name of any street, must be fined not less than One nor more than One Hundred Dollars. (Code 1904, Art. 645.) 480 Revised Code of Ordinances CHAPTER XLII. Taxes and Taxation. Article 1.—Levies, Etc. 2.—Occupation. 3.—Occupation (Liquor). 4.—Assessor and Collector. 5.—Rendition, Assessment, Etc. 6.—Collection. 7.—Delinquent Tax Attorney. 8.-—Delinquent, Etc. 9.—Miscellanecous Provisions. ARTICLE 1. LEVIES, ETC. Sec. 1338. Taxes to Be Levied—lIt shall be the duty of the City Council at its first meeting in February of each and every year to levy such ad valorem and occupation taxes as may be necessary to cover the expenses of the city govern- . ment for the current year; provided, however, that failure to levy such taxes at such meeting shall not prevent the same being levied at any subsequent meeting of said Council; and provided, further, that if the Council should fail or neglect to pass a tax ordinance for any one year, levying the taxes for that year, that the tax ordinance last' passed will be consid- ered in force, and the failure to pass such ordinance shall in no wise invalidate the collection of the tax. (Code 1904, Art. 1075.) Sec. 1339. City May Foreclose Lien Against Any Tax- payer—The tax levied by the city is hereby declared to be a lien, charge and encumbrance upon the property on which the tax is due, not only as against any resident of this State, but entitled to enforce and foreclose in any court having jurisdic- tion of the same, and the lien, charge and encumbrance on the property in favor of the city for the-amount of the taxes due on such property is such as to give the State courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this State, but against persons who are non-residents of this State, or whose residence is unknown, and against the unknown heirs of any of the City of Houston A481 persons who own the property on which the tax is due. (Id., Art. Tit.) Sec. 1340. All Property in Said City, Except Herein Spe- cially Exempted, Subject to Taxation—All property, real, personal or mixed, except such as may be hereinafter expressly exempted, is subject to taxation, and the same shall be rendered and listed in the manner prescribed by the general laws in regard to general State taxation, when applicable. The defini- tion of property and terms, as defined by the general laws un- der the head “Taxation,” and what is subject to taxation, as prescribed by the general laws of this State, shall apply to the taxation of this city. All taxes shall be payable at the office of the Assessor and Collector, and no demand by him shall be necessary or requisite to enforce the collection thereof by any proceedings herein prescribed, nor for any taxes due be- fore the passage of this act. (Id., Art. 1116.) AR LOW a2; OCCUPATION. Sec. 1340a. Duty to Pay Occupation Tax; Penalty—That it shall be the duty of every person, firm, association of per- sons, company or corporation pursuing a business, profession, occupation, avocation or calling within the limits of the City of Houston, during the year 1914 and each year thereafter until otherwise provided, upon which there is or may be levied an occupation tax by the City Council of the City of Houston before commencing or engaging in such business, profession, occupation, avocation or calling, or other taxable vocation, to procure a license from the Assessor and Collector of Taxes for said city to pursue the same, and the failure, neglect or refusal to procure said license shall be an offense against the City of Houston, and that any person so offending shall, upon conviction, be fined in the sum of Ten Dollars ($10.00) for each and every day such violation may have, or may thereafter be continued. (Feb. 5, 1914, Ord. Bk. 4, p. 154, Sec. 1.) Sec. 1341. Occupation Taxes—That there shall be levied and collected from every person, firm, company, corporation or association of persons pursuing any of the occupations hereinafter named, an annual occupation tax as hereafter specified, until otherwise ordained, which shall be paid annual- ly in advance, except when herein otherwise provided, on every such occupation or separate establishment; provided, that all licenses shall expire on the 31st day of December of 482 Revised Code of Ordinances each and every year, and if the time for which said license is issued hereunder be for less time than one year, then said Assessor and Collector of Taxes shall collect for such fraction of a year at the rate fixed herein for one year. (a) Itinerant Merchants—From every merchant who may remove from place to place and offer for sale “bankrupt stocks” of goods, or advertise “fire sales” or “water and fire damaged stocks for sale’ for a limited period of time, there shall be collected Fifty Dollars ($50.00) per month for the first month or less than a month for each and every place where such business is located, and for each additional month at any given place Ten Dollars ($10.00) per month, provided that where they remain for six (6) months in one place, in addition to the Fifty Dollars ($50.00) charged for the first month, they shall pay an additional sum of Five Dollars ($5.00) per month. (b) Traveling Venders, Patent Medicine—From every traveling person selling patent or other medicines, Fifty Dol- lars ($50.00). | (c) Auctioneers—From every auctioneer an annual tax of Five Dollars ($5.00). (d) Ship Brokers and Agents—From every person, firm or association of persons following the occupation of ship _ brokers or ship agents, an annual tax of Five Dollars ($5.00). (e) Persons Selling on Commission—From every person, firm or association of persons selling on commission, Five Dol- lars ($5.00). (f) Itimerant Physicians, Etc.—From every itinerant physician, surgeon, oculist or medical or other specialist of any kind traveling from place to place in the practice of his profession, exclusive of dentists in the county of their resi- dence, an annual tax of Twenty-five Dollars ($25.00). (g) Shooting Gallery—From every person or firm keeping a shooting gallery at which a fee is paid or demanded, an annual tax of Fifteen Dollars ($15.00). (h) Billiard and Pool Tables—From every billiard or pool table or anything of the kind used for profit, Ten Dollars ($10.00) ; and any such table used in connection with any drinking saloon or other place of business where intoxicating liquors, cigars or other things of value are sold or given away, or upon which money or other thing of value is paid, shall be regarded as used for profit. (i) Nine and Ten Pin Alleys—From every nine or ten pin alley, or any other alley used for profit, by whatever name of the City of Houston 483 called, construed or operated upon the principle of a bowling alley as described in Section 9 of the revised State statutes, Fifty Dollars ($50.00). (j) Hobby Horses, Etc.—From all persons keeping and using for profit any hobby horse, flying jenny or device of that character with or without name, Seven Dollars and Fifty Cents ($7.50). (k) Peddlers—From every foot peddler, Two Dollars and Fifty Cents ($2.50) ; from every peddler with one horse or one pair of oxen, Three Dollars and Seventy-five Cents ($3.75) ; from every peddler with two horses or two pairs of oxen, Five Dollars ($5.00) ; provided, that nothing herein contained shall be so construed as to include traveling vendors of litera- ture or traveling vendors of poultry, vegetables, fruit or other country produce exclusively, and fruit trees exclusively. (1) Clock Peddlers—From every person or firm who peddles out clocks, agricultural implements, cooking stoves or ranges, wagons, buggies, carriages, surreys and other similar vehicles, washing machines and churns, an annual tax of One Hundred and Twenty-five Dollars ($125.00). (m) Theaters—From every theater or dramatic repre- sentation for which pay for admission is demanded or received, Two Dollars and Fifty Cents ($2.50) per day; provided, that theatrical or dramatic representations given by performers for instruction only, or entirely for charitable purposes, shall not be herein included; and provided, however, that this tax shall not be collected where the performances are exhibited in regularly recognized opera houses or theaters, but in lieu of said tax, the managers thereof shall pay an annual occu- pation tax of Twelve Dollars and Fifty Cents ($12.50). (n) Circuses—From every circus wherein equestrian or acrobatic feats or performances are exhibited, and pay for admission is demanded or received for each performance or exhibition where an admission fee of One Dollar is. charged, One Hundred and Twenty-five Dollars ($125.00); for each performance or exhibition where an admission fee of Seventy- five Cents is charged, One Hundred Dollars ($100.00) ; for each performance where Fifty Cents or !ess is charged, Fifty Dollars ($50.00) ; provided, that the amount of fee charged for reserved seats shall be considered as a part of such ad- mission fee; provided, that where there is a combination of circus and menagerie, or circus and other exhibition, the highest tax fixed by this section for any division or department of the combination shall be collected; provided further, that 484 Revised Code of Ordinances —~— - every show or exhibition which advertises itself as a circus and menagerie or a combination of circus and menagerie, shall be held and be construed to be a circus and menagerie whether it be such or not. (0) Menagerie, Etc.—From every wax works, side show or exhibition whether connected with a circus or not where a separate fee for admission is demanded or received, Five Dollars ($5.00) for each performance or exhibition in which fees for admission are received. (p) Acrobatic Performances—From every exhibition where acrobatic feats are performed and an admission fee charged for profit, not connected with a circus or theater, Five Dollars ($5.00) for each performance. (q) Sleight of Hand Performances—From every sleight of hand performance or exhibition of legerdemain not con- nected with a theater or circus, Twelve Dollars and Fifty Cents ($12.50). (r) Wax Works, Etc.; Exemptions—From every menag- erie, wax works or exhibition where a separate fee for ad- mission is demanded or received, Five Dollars ($5.00) for each day on which such admission fees are received; provided, that exhibitions by associations organized for promotion of art, science, charity or benevolence shall be exempt from taxation; and provided further, that persons who form a mu- seum composed entirely of the products of Texas shall have the right to exhibit the same for a fee without paying an occupation tax. (s) Concerts, Etc.; Exemptions—From every concert where a fee for admission is demanded or received, One Dol- lar ($1.00) ; provided, that entertainments when given by the citizens for charitable purposes, or for the support or aid of literary or cemetery associations are exempt. (t) Insurance Adjusters and General Agents—From each and every person acting as general adjuster of losses or agents of fire and marine insurance companies who may transact any business as such in this city, an annual occupation tax of Twenty-five Dollars ($25.00). By “general agent” is meant any person or firm representative of any insurance company, or who may exercise a general supervision over the business of such company in this city, or over the local agency in any subdivision of the city. (u) Lightning Rod Dealers and Canvassers—IFrom any person, firm or association of persons dealing in lightning rods, of the City of Houston 485 an annual tax of Eighteen Dollars ($18.00), and upon each person canvassing for the sale of lightning rods, an annual tax of Fifty Dollars ($50.00). (v) Cotton Brokers, Factors and Commission Merchants —lKrom every person, firm or association of persons follow- ing the occupation of cotton broker, cotton factor or commis- | sion merchant, Seventeen Dollars and Fifty Cents ($17.50). A commission merchant in the meaning of this section is every person, firm or association of persons receiving country prod- | uce, horses, cattle, sheep, hogs, grain, corn, hay, lumber, shingles, wood, coal, goods, wares and merchandise, or any- thing else for sale to be Accounted for to the owner when sold and charging a commission therefor. (w) Pawnbrokers—From every pawnbroker, an annual tax of Seventy-five Dollars ($75.00). (x) Sewing Machine Dealers—From every person, firm, agency or association of persons dealing in sewing machines, an annual tax of Seven Dollars and Fifty Cents ($7.50). (y) Gas Companies—From every gas company manu- facturing gas, Seventeen Dollars and Fifty Cents ($17.50). (z) Electric Light Companies—From electric light com- panies operating electrie light plants, Seventeen Dollars and Fifty Cents ($17.50). (a-a) Skating Rmks—From each and every owner or keeper of skating rinks used for profit, Twelve Dollars and Fifty Cents ($12.50). (b-b) Base Ball Parks—From every manager of a base ball park where an admission fee is charged, Twelve Dollars and Fifty Cents ($12.50). (c-c) Wholesale Ice Dealers—From every person or cor- poration who are wholesale dealers selling imported or home- made ice to the trade to be sold again, Twenty-five Dollars ($25.00). (d-d) Street Car Companies—F rom every street car com- pany, One Dollar ($1.00) per mile on each mile of track owned by said company or corporation within the city limits. (e-e) Phonographs, Etc.—From every owner or manager of every phonographic, electric battery, graphophone or other like instrument, where a fee is charged, an annual tax of Twelve Dollars and Fifty Cents ($12.50) ; provided, that when an electric battery shall be used by a regular physician no tax shall be charged. 38 486 Revised Code of Ordinances (f-f) Moving Picture Shows—From every owner or keep- er of kinetoscope, cinematograph or other similar machines or instruments used for profit, showing the life-like motions of persons or animals, an annual occupation tax of Twelve Dollars and Fifty Cents ($12.50). (g-g) Panorama or View Shows—F rom each owner, man- ager or keeper of every panorama or view show used for profit, exhibiting in wagon, room or tent, or elsewhere, an occupation tax of Five Dollars ($5.00). (h-h) Medicine Shows, Etc.—From every owner, manager or keeper of every show or company of persons giving exhibi- tions of music, songs, recitations, sleight of hand, gymnastics, dancing or other kind of performance, which said exhibitions are used for profit by sale of medicines, electric belts or other articles of value, whether charge is made only for seats or not, an annual occupation tax of Twenty-five Dollars ($25.00). (i-i) Brokers—From every person, firm or association of persons selling on commission, Twenty-five Dollars ($25.00) ; this subsection is intended to cover every person, firm or association of persons selling on samples only and who do not carry any stock of merchandise, or anything else on hand. (j-j) Cigarette Dealers—From all dealers in cigarettes, the sum of Five Dollars ($5.00) per annum; provided, that the license shall describe the house and locality where the dealer proposes to sell cigarettes. (k-k) Cannon Crackers, Etc.; Dealers in—From every person, firm or corporation engaged in selling cannon crackers or toy pistols used for shooting or exploding cartridges, an annual tax of Two Hundred and Fifty Dollars ($250.00). By the term cannon cracker is meant any fire cracker or any other combustible package more than two (2) inches in length and more than one (1) inch in circumference, commonly sold and exploded for purposes of amusement. (lId., Sec. 2.) Sec. 1342. Assessor to Give Receipt—Upon payment of any occupation tax to the Assessor and Collector, he shall give a receipt therefor, which shall show the date of payment, the amount and by whom paid, and the time and purpose for which the tax has been paid. Said receipt shall be countersigned by the Mayor, and the stubs thereof shall be preserved as hereinbefore provided. (Code 1904, Art. 1125.) Sec. 1343. Occupation License to Be Posted, Etc.; Pen- alty—lIt shall be the duty of every person, firm, association _ of the City of Houston 487 of persons, company or corporation doing business within the City of Houston, to have hung or posted in their office or place of business, in a conspicuous place, the certificate of the col- lector or license as hereinbefore provided. Any person who shall fail to comply with the provisions of this section shall be fined in any sum not exceeding Ten Dollars ($10.00). (Feb. 5, 1914, Ord. Bk. 4, p. 154, Sec. 3.) Sec. 1344. Must Post License Conspicuously—It shall be - the duty of every person liable to occupation license tax, and pursuing his occupation at a fixed place, to keep his license conspicuously posted or exhibited at his place of business, and every person liable to license or occupation tax shall exhibit his or her license whenever he or she is called upon to do so by the City Assessor and Collector, or his duly authorized agent or employee, the Chief of Police, Deputy Chief of Police, or any member of the police force, or to any special inspector duly appointed by the City Controller. Any person who fails or refuses to show his license or exhibit same to the Assessor and Collector, or his duly authorized agent or employee, the Chief of Police, Deputy Chief of Police, or to any member of the city police force, or to any special inspector appointed by the City Controller, as prescribed in this section, shall be guilty of an offense, and shall be arrested and fined not less than Ten Dollars ($10.00) for each time he so fails or refuses to post or exhibit the same as prescribed in this section. (Code 1904, Art. 1127.) Sec. 1345. Duty of Assessor and Collector and Chief of Police to Enforce the Provisions of This Chapter—It shall be the duty of the Chief of Police and City Assessor and Col- lector to see that the provisions of this chapter relating to occupation taxes are strictly complied with, and forthwith to present to the Judge of Corporation Court any person vio- lating the same. (Id., Sec. 1126.) Sec. 1346. Prosecution Dismissed upon Payment of Tax and Costs—Any person prosecuted for the nonpayment of occupation taxes under the provisions of this article or any other ordinance, may have said prosecution dismissed upon the payment of the tax due together with the costs that may have accrued in the Corporation Court against him. (Feb. 5, 1914, Ord. Bk. 4, p. 154, Sec. 4.) 488 Revised Code of Ordinances ARTICLE 3. OCCUPATION (LIQUOR). Sec. 1347. Spirituous, Vinous and Malt Liquor Dealers; Tax to Be Collected—That hereafter, until otherwise or- dained, there shall be collected from every person, firm or association of persons selling spirituous, vinous or malt liquors or medicated bitters, within the City of Houston, Texas, an annual tax on each separate establishment, as follows: For selling spirituous, vinous or malt liquors, or medicated bitters, capable of producing intoxication, in quantities of one galion or less than one gallon, One Hundred and Eighty- seven and 50/100 Dollars ($187.50) ; for selling spirituous, vinous or malt liquors or medicated bitters, capable of pro- ducing intoxication, in quantities of one gallon or more than one gallon, One Hundred and Eighty-seven and 50/100 Dol- lars ($187.50); for selling malt liquors exclusively, Thirty- one and 25/100 Dollars. ($31.25). (July 12, 1909, Ord. Bk. 2, p. 517, Sec. 1.) | Sec. 1348. Application for License; Contents; Must Be Sworn to; Procedure Thereafter; License Granted or Refused When; Revoked When; Taxes Paid in Advance; License to Be Posted, Etc.—That every person, firm, corporation or association of persons desiring to engage in the sale of spirit- uous, vinous or malt liquors, or medicated bitters, in the City of Houston, as set forth in Section 1347 shall, before com- mencing the sale of such liquors or medicated bitters, file with the Secretary of the city an application, under oath, for li- cense to engage in the sale of such liquors or bitters; said application to be made upon a form to be furnished said ap- plicant by the Secretary and which shall designate the place where it is proposed to carry on the sale of such bitters, giving the street and number of the house and quantity which the applicant proposes to sell, whether one gallon or more, or one gallon or less than one gallon, or whether he or they desire to sell malt liquors exclusively, and shall also state in said application whether said liquors or medicated bitters are to be sold to be drunk on the premises; and if the applicant is a retail dealer, said application shall further state that the applicant is a law-abiding, taxpaying male citizen of the State of Texas, over the age of 21 years, and has been a resident of the county wherein such license is sought for more than two (2) years before the filing of such petition; that his li- of the City of Houston 489 cense as a liquor or malt dealer has not been revoked or for- feited within five years next before the filing of such petition; and if the place of business be in any block or square of the City of Houston where there are more bona fide residences than there are business houses in said block or square, or in any block or square where there is a church or school, then said petition shall state that the applicant has the written consent of a majority of the bona fide householders or residents in said block or square who have resided for at least six months preceding such application and those within three hundred (3800) feet of such place of business. And every application by whomsoever made shall further state that the applicant has not carried on any such business after the expiration of any license previously issued and without having received a new license for such purpose; and shall further state that the place where such business is to be conducted is not situated in any house or building used for the purpose of prostitution or as a house of. assignation, or as a house of ill-fame or gambling house or disorderly house, or to be used for such purpose; and shall state generally that the applicant is in all respects qualified by law to conduct the business in the particular place. Said application shall further state (where the proposed place of business is not a business block) that same is not within three hundred feet of a church, school or other educational or charitable institution. Each applicant shall further state that I, or we, and each of us are not disqualified under the laws of the State from en- gaging in the proposed business; that no other person or corporation is in any manner interested in the proposed busi- ness; that I, or we, have not since the Ist day of May, A. D. 1909, as owner or as representative, agent or employee of any other person, kept open any saloon or place of business where spirituous, vinous or malt liquors, or medicated bitters, capable of producing intoxication, were sold, or sold, aided or advised any other person in selling in or near any such house or place of business any such liquor after 12:00 o’clock midnight on Saturday, and between that hour and 5:00 a. m. on the follow- ing Monday of any week; and have not since the Ist day of July, 1918, as owner or as representative, agent or employee of any other person, kept open any saloon or place of business where spirituous, vinous or malt liquors or medicated bitters capable of producing intoxication, were sold, or sold, aided or advised any other person in selling in or near any such house or place of business any such liquor after 9:30 o’clock p. m. on Saturday and between that hour and 6 o’clock a. m. of the A490 Revised Code of Ordinances following Monday of any week, or between the hours of 9:30 o’clock p. m. and 6 o’clock a. m. of the following morning of any week day, or since said date, either in person or by agent or employee knowingly sold or permitted to be sold or given away in or near any such place of business any spirituous, vinous or malt liquors or medicated bitters capable of produc- ing intoxication, to any person under the age of 21 years, or to any student of any institution of learning, or to any habitual drunkard after having been notified in writing through the Sheriff or other peace officer by the wife, sister, father, mother or daughter of such person not to sell to such habitual drunkard, or permitted any person not over the age of 21 years of age to enter and remain in such house or place of business, or permitted any games prohibited by the laws of the State to be played, dealt or exhibited in or about such house or place of business; or rented or let any part of the house or place of business in which such business is conducted to any person or persons for the purpose of conducting any game or games prohibited by the laws of this State; or knowingly sold or given away any adulterated or impure liquors of any kind, or sold or permitted or aided or advised in selling under a retail malt dealer’s license any other liquor than those defined by the law as malt liquors. And if the permission herein sought to be granted and the said retail. license be issued, I or we will not, in person or knowingly by any agent, employee or representative, during the period. for which such license shall run, do any of the things which I or we have above sworn that I or we have not done since July 1st, 1913; and I will during the period this license has to run abide by and not violate the laws governing said business, and it is hereby agreed that if the license applied for be issued that the same will be issued upon condition that it shall remain in force only so long as I or we observe and carry out each and all of the declarations herein made; and that in the event I or we violate any of the promises, or do or perform any one or more of the acts which it is herein declared shall not be done or performed, then in such event the City Council of the City of Houston may rescind, cancel and annul the said city license granted in pursuance of this application, and that all money paid for such license shall be forfeited to the city; and that I or we will at once, upon the cancellation of such license, close up the place where such business is being conducted and cease to do such business, and the applicant shall state whether or not he has heretofore been in the liquor business, and if so, where and for what period of the City of Houston 491 of time. , The applicant shall further state that his license, either as a retail liquor dealer or retail malt dealer, has not been revoked or forfeited within five years before his appli- cation for license, and that he has not had in his employ in his business as a retail liquor dealer or retail malt dealer, any person whose license has been revoked or forfeited within five years next before the filing of such application; and further, that he has not carried on any such business after the expiration of a license previously issued and without having received a license for such purpose. Such application shall be duly sworn to by each applicant therefor in person. The City Secretary shall then refer the said petition to the Mayor and Aldermen, and the Mayor and Aldermen shall investigate into the facts stated in said petition, and if they are found to be true, the Mayor shall direct the Secretary to issue a certificate, countersigned by the Mayor, showing that such application has been made as herein provided, and that the applicant is entitled, on payment of the proper tax, to his license as a liquor dealer in the City of Houston; and thereupon, and not before, there shall be issued by the Assessor and Collector of Taxes, a license to said applicant upon the payment of the annual tax levied herein, or such portion there- of as will pay for said license to the 3lst day of December. If the facts stated in said application are found by the Mayor and Council to be not true, then the Secretary shall in no event issue the certificate aforesaid, nor shall license issue to the applicant or any occupation tax be collected from him as a liquor dealer. Any person.who applies for a permit under this article and who shall have previously conducted a saloon in the city and whose establishment has been a loafing place for disorderly characters or criminals, or a common resort for disorderly persons or for criminals, or for prostitutes, or coke fiends, or thieves, or other low and degraded characters, or who in the conduct of his establishment has not respected the laws and ordinances of the city; or who shall have given aid, comfort or assistance to violators of the law, or shall have been found in possession of stolen goods, shall not be considered a law-abiding citizen, nor shall any permit be issued to him by the City of Houston, nor shall any tax be received from him as a liquor dealer. Should the Mayor and Council ascertain at any time after the issuance of said license that the statements made in said application are false; or should anything occur after the issuance of such license which would under the general laws of the State authorize the revocation of a State license, the Mayor and Council shall thereupon, 492 Revised Code of Ordinances after notice to the holder of such license, investigate into the facts, and if they find such delinquency to exist, they shall cancel such license, and thereafter it shall be unlawful for such holder to conduct such business in the City of Houston, the same as if no license had ever been granted to him. All taxes herein levied shall be paid in advance. All licenses issued hereunder shall be posted in a conspicuous place in the place of business of said licensee, and a failure to so post the game will subject the licensee to all the penalties as if same had not been issued. (Amendment Jan. 28, 1914, Ord. Bk. 4, De hig. 5ec. 12) Sec. 1349. Hearing on Application; When Mayor and Aldermen Not Satisfied; Action by Mayor—Should the Mayor and Aldermen, on investigation of any application for license, not be satisfied of the truth of the facts stated in the petition therefor, or not be satisfied that the applicant is entitled to the license prayed, then before finally deciding that the ap- plicant is not entitled to said license the Mayor and Aldermen shall indicate in writing by a document filed with the City Secretary, the objections to the issuance of the license and shall therein designate a day and place on which the applicant can offer evidence before the Mayor and Aldermen in support of the allegations of his application. The applicant shall at said hearing offer any evidence he may have as to said ob- jections, and the Mayor and Aldermen may hear any other evidence. After said hearing has been had the Mayor and Aldermen shall, within some reasonable time thereafter, de- cide whether or not the applicant is entitled to receive said license, and if they so decide, the Mayor shall direct the Secre- tary to issue the certificate prescribed in Section 1348, and if said petition is denied, an endorsement shall be made to that effect upon the petition for license. (July 12, 1909, Ord. Bk. 2, ‘p.'517, Sec. Za.) Sec. 1350. Licenses Not to Be Issued for Longer Than One Year; Expire 31st Day of December; Licenses to State, What—That no license hereunder shall be issued for a period longer than one year, but if the time for which said license is issued hereunder shall be less than one year, then said license shall expire on the 31st day of December, and the Col- lector shall collect for such fraction of a year at the propor- tionate rate fixed herein for one year. The license shall state the time for which it is issued, the particular building, number and location, name of the licensee, and the quantities allowed to be sold, which shall be valid and effective only at the place of the City of Houston - 493 — of the person and in quantities as stated herein, and shall not be subject to transfer except as herein provided. (ld., Sec. 3.) Sec. 1351. Transfer of License; Sale License under Exe- cution—That if any person, firm or corporation, or association of persons, shall have obtained a license hereunder and desire to tranfer same to some other person, firm or corporation, or association of persons, such transfer may be made by presenting the application therefor to the Secretary, and there- ‘upon the assignee shall make application for license, as pro- vided in this article, in the same manner as if he had been the original applicant, and the same proceedings shall be had on said application of the assignee; and if the Mayor and Coun- cil find that the said assignee is entitled to be licensed, then the Secretary shall thereupon furnish a certificate of such applica- tion and finding of the Mayor and Council, countersigned by the Mayor, and upon presentation of such certificate and license having the transfer endorsed upon the face thereof, the Assessor and Collector shall endorse his approval of such transfer on the face of the license; but such license shall not be assignable or transferable more than once; provided further, that the sale of such license, whether in the name of the original licensee or assignee, may be made under execution or mortgage, and the purchaser of such license at such sale shall have the right to surrender such license to the city which issued the tax receipt, which is the basis therefor, and shall re- ceive therefor the pro rata unearned portion of such license. (Id., Sec. .4.) Sec. 1352. Refund Unused Portion License—A refund of the unused portion of any city liquor license shall be allowed in all cases where it is allowed by the general law in case of ' a State license. (Id., Sec. 5.) Sec. 1353. Change of Place of Business—And any person, firm, corporation or association of persons having obtained a license and desiring to change the place where sales may be made, may have such change made by applying to the City Secretary, as in case of an original application, as provided in this article, and such application shall be referred to the Mayor and Council, and the same proceedings shall be had as if it were an original application, but no additional pay- ment shall be required for such change, but if the Mayor and Council authorize such permit, same shall be certified by the City Secretary, countersigned by the Mayor, to the City Tax Collector, and thereafter the change shall be lawful. (Id., Sec. 5.) A494 Revised Code of Ordinances Sec. 1354. Number of Licenses Limited—The City of Houston shall not issue licenses in excess of the number actually issued and existing on the 20th day of February, 1909, unless such number of licenses is less than one for each 500 inhabitants; in which event the city shall, if applied for, issue licenses not exceeding one for each 500 inhabitants of the city. In case the number of licenses issued and existing on the 20th day of February, 1909, is in excess of one for each 500 inhabitants of the city, the number of licenses existing on the 20th day of February, 1909, as applied for shall be granted, but that number shall not be increased until the number of inhabitants of the city increases to the extent that the li- are less than one for each 500 inhabitants; but the provisions of this section do not apply to hotels now in existence, or which may hereafter be opened when located in the business section of the City of Houston; and providing that in granting li- censes as a retail liquor dealer or retail malt dealer, the City Council shall give preference to those applicants who apply for a permit to do business at the places and locations in the censes issued and actually in existence on February 20th, 1909, City of Houston where permits have heretofore been issued and granted. (lId., Sec. 6.) Sec. 1355. Penalty—No person shall engage in the sale of spirituous, vinous or malt liquors, or medicated bitters, capable of producing intoxication, in the City of Houston, unless such person shall have paid the tax and possess the license of the City of Houston, prescribed in this article, and unless such person shall comply in all respects with the terms of this article, and any person, firm, corporation or association of persons who shall violate any provision or provisions of this article shall be deemed guilty of an offense, and upon convic- tion shall be fined in the sum of not less than Ten Dollars ($10.00) nor more than Two Hundred Dollars ($200.00) for each violation of this article, and each day that sales of spir- ituous, vinous or malt liquors or medicated bitters, capable of producing intoxication, are made, and each day that said place of business for selling spirituous, vinous or malt liquors or medicated bitters, capable of producing intoxication, is kept open, in violation of this article, shall constitute a separate offense. (Id., Sec. 7.) Sec. 1356. Payment U. S. Tax Prima Facie Evidence— That the payment of the United States special tax or State tax, as a seller of spirituous, vinous or malt liquors, shall be prima facie evidence that the persons, firm, corporation or as- of the City of Houston 495 sociation of persons paying such tax are engaged in selling such liquors. (Id., Sec. 8.) Sec. 1357. Secretary to Keep Record, Etc.—That the Sec- retary is hereby required to keep a book showing all applica- tions to him for licenses, and for transfers thereof and changes of location, which book shall show the date of application, the person, firm or corporation or association of persons by whom such application is made, and the place where such business is carried on, and the Assessor and Collector of Taxes is re- quired to keep a book which shall show when and to whom licenses are issued, and where sales thereunder are to be made, and all transfers and changes and details thereof. (Id., Sec. 9.) AR TICE H.4, ASSESSOR AND COLLECTOR. Sec. 1358. Creation of Offices; Appointment; Compensa- tion—That there is hereby created the office of Assessor and Collector of Taxes of the City of Houston, who shall be ap- pointed by the Mayor and confirmed by the City Council, and who shall hold the office without fixed term, subject to removal at any time, and who shall receive a salary of $3600.00 per annum, payable monthly in equal payments. (Jan. 28, 1914; Ord: Bk. 4, p: 72; Sec. 1.) Sec. 1359. Creation of Offices; Oath; Bond—That such Assessor and Collector, before entering upon the discharge of the duties of his office, shall take an oath of office to the effect that he will faithfully and impartially discharge and perform all the duties of such office of Assessor and Collector of Taxes, and he shall execute and deliver to the City of Houston, and thereafter when required so to do by the Mayor, a bond in the sum of $20,000.00, payable to said City of Houston, with at least three good and sufficient sureties or a surety company, authorized to do business in Texas, to be approved by the Mayor, conditioned, that the said Assessor and Collector of Taxes shall faithfully perform and discharge all the duties now or which may hereafter be required of him by law, or by the Charter and ordinances of the City of Houston, or-by the Mayor or by the City Council in administrative session, and pay over and properly account for all moneys received or col- lected by him as such Assessor. and Collector of Taxes and for the discharge of any and all duties imposed upon him in con- nection with said office, which said bond shall provide that all the conditions of same are to be performed in Houston, Harris 496 Revised Code of Ordinances County, Texas, and that any suit prosecuted and maintained thereon shall be prosecuted and maintained in said Harris County, Texas, and that in case of a recovery thereon, that the obligors thereof agree to pay the expense incurred by or im- posed upon the said City of Houston in or about the collection thereof, including attorney’s fees, and that said bond shall not become void until the whole amount thereof has been ex- hausted. (lId., Sec. 2.) Sec. 1360. Deputies; Appointment; Oath; Bonds; Duties; Salary—That there shall be such deputy Assessors and Col- lectors as may be appointed by the Mayor, who, before taking the said office, shall take the above oath of office and such deputies who receive, collect or handle moneys shall execute and deliver to the City of Houston, payable to said City of Houston and the Assessor and Collector of Taxes, in such sum as may be fixed by the Mayor with at least three (8) good and sufficient sureties or a surety company, authorized to do busi- ness in Texas, to be approved by the Mayor, their bonds con- ditioned as and containing the obligations provided for in the case of the Assessor and Collector of Taxes, and containing the further provision that in case there should be a _ recovery against the said Assessor and Collector, on his official bond, or he should be required to pay out any moneys by reason of any act of such deputy, that then such Assessor and Collector may maintain and prosecute and be entitled to recover judgment upon said bond of said deputy for the amount or amounts so recovered against him, or paid out by him as aforesaid. That such deputy shall do and perform all the duties imposed upon and required of said Assessor and Collector, except the receipt and collection of money, which additional authority is con- ferred upon him when he has given said bond, and shall re- ceive such salary as the Mayor and City Council may fix, and their acts in reference to any of the matters referred to shall be as authoritative and binding as though performed by said Assessor and Collector in person. (Id., Sec. 3.) Sec. 1361. Assessor, Etc., Power to Administer Oaths— That such Assessor and Collector and his deputies and the chairman of the Board of Appraisement and the Land and Tax Commissioner are authorized and empowered to admin- | ister all oaths necessary to obtain a full and complete assess- ment of all taxable property situated within the limits of the City of Houston. : Sec. 1362. Further. Duties—That such Assessor and Col- - lector of Taxes and the chairman of the Board of Appraise- of the City of Houston 497 ment and the Land and Tax Commissioner shall do and per- form all the duties prescribed, defined and specified in the Charter, Article 3, Section 4, to be done and performed by the Assessor and Collector, or other officer or employee desig- nated by the City Council and by the existing ordinances of the City of Houston, or those hereafter passed providing for the rendition and assessment of property in said city for taxes. (Id., Sec. 4.) Sec. 1363. Assessor and Collector to Receive and Collect Taxes and Moneys, Etc.; Further Duties—That the Assessor and Collector shall also be the receiver and collector of all taxes levied and assessed by the City of Houston and all other moneys due and owing to the City of Houston, unless other provision is made for such collection and receipt by some ordi- nance, and all of the fees and moneys collected by any officer, department or employee of the City of Houston for or on behalf of, or for the benefit of said city. That said Assessor and Col- lector shall also do and perform all those acts recited and named in said Article III of the Charter to be done and per- formed by the Assessor and Collector of Taxes, or such officer or employee as may be designated therefor by the Council, and ‘such other and further duties as may be placed upon him by ordinances or by the Mayor or by the City Council in admin- istrative session. That said Assessor and Collector shall pay over daily to the Treasurer of said City of Houston all moneys received and collected by him belonging to, or for, or on behalf of, or for the benefit of the said City of Houston, and shall take the receipt of the Treasurer therefor. (Amendment Feb. 11, 1914; Ord. Bk. 4, p. 144, Sec. 1.) Sec. 1364. Assessor and Collector Executive Head of Of- fice, Etc.—That such Assessor and Collector shall be the head of the office and all deputy Assessors and Collectors and em- plcyees of said office shall be under his direction, control and supervision. (Jan. 28, 1913; Ord. Bk. 4, p. 72, Sec. 7.) Sec. 1365. Perpetuation of Proceedings; Assessor to Fur- nish Copy of Roll at the Rate of 15 Cents Per 100 Words— The City Assessor and Collector is hereby authorized, and it shall be his duty, to furnish a copy of any assessment sheet, or any page of said Assessment or Delinquent Rolls referred to in this chapter, at the request of any person, on payment of a fee of fifteen cents per hundred words, and each figure shall. be counted as a word, and he shall attach to such copy a cer- tificate, under the seal of his office, certifying the same to be 498 Revised Code of Ordinances a true and correct copy of such page or sheet, and full faith and credit shall be given in all courts to the same when thus au- thenticated by him. And all certificates made and entered in the minutes of the proceedings of said City Council, pro- vided for in this chapter, or copies of the same, certified to by the City Secretary, shall be prima facie evidence of the truth of the matters therein recited, and shall be deemed sufficient to establish and perpetuate the evidence of such facts, as pro- vided for in the Charter of said city. (Code 1904, Art. 1122.) Sec. 1366. Collection of Taxes on Personal Property; City May Seize Property for Taxes—It shall be the duty of the Assessor and Collector, on the refusal of any person to pay the taxes levied upon the personal property owned by him, to seize and take into his possession as much of the personal property subject to taxation under the laws of the State of Texas, belonging to said delinquent taxpayer, as may be suf- ficient to pay the taxes upon the personal property due from such taxpayer, as Shown on said assessment rolls, and he shall sell the same at public auction to the highest bidder, at the door of the Market House hall, on giving ten days’ notice of the time and place of such sale by notice duly posted at three public places in said city, one of which shall be at the door of said Market House hall. (Id., Art. 1123.) Sec. 1367. Miscellaneous Provisions; Assessor and Col- lector to Make Monthly Reports—The City Assessor and Col- lector shall make monthly reports to the City Council at its first regular meeting in each month, showing the amount of ad valorem taxes, occupation taxes and license fees which have been collected by him for the previous month. Said report shall be in writing, under oath, and shall show the kind and character of collections made by him, and whether said taxes and licenses have been collected in money, scrip, coupons or certificates of indebtedness, and what disposition he has made thereof. (Id., Art. 1128.) ARTICLE 5. RENDITION, ASSESSMENT, ETC. Sec. 1368. Inventory and Appraisement of Property for Taxation—Immediately after the first day of January in each and every year it shall be the duty of the Assessor and Collec- tor of Taxes to prepare a list in which he shall write in separ- ate columns and in alphabetical order, the names of all per- sons owning property on said first day of January subject of the City of Houston 499 to taxation within the corporate limits of the City of Houston. (Code 1904, Art. 1074.) Sec. 1369. Must Take Inventory of Persons Appearing Before Assessor—It shall be the duty of the Assessor and Collector, or his authorized deputy, or the chairman of the Board of Appraisement or the Tax and Land Commissioner, between the first day of January and fifteenth day of April of each and every year, between the hours of 9:00 a. m. and 12 m., and from 2:00 to 5:00 p. m., to take at his office from any person who may appear before him, a complete list or inventory of: such person’s taxable property, and of all prop- erty subject to taxation by the laws of the State of Texas and by the ordinances of the City of Houston, held or controlled by such person as agent or attorney, trustee, guardian, execu- tor or administrator; but assessments taken on other days and between other hours than those herein specified shall be valid. (Amendment Art. 1075, Feb. 9, 1914; Ord. Bk. 4, p. 114, Sec. 1.) Sec. 1370. Duty of Property Owners to Assess Property Between Ist of January and Ist of March of Each Year— It shall be the duty of every person owning, holding or con- trolling property within the limits of the City of Houston, subject to taxation under the laws of the State of Texas, and the ordinances of the City of Houston, to render to the Assessor and Collector of said city, at his office in said city, or his au- thorized deputy, or the chairman of the Board of Appraise- ment, or the Tax and Land Commissioner, annually between the first day of January and the first day of March and be- tween the hours prescribed in the next preceding article, a full and complete list or inventory of all property so owned, held or controlled by such person or corporation, either as agent or attorney, trustee, guardian, executor or administrator, and to take and subscribe to an oath as to the correctness of such list or inventory as prescribed in Section 1375, and any person or corporation who shall fail to thus render in his or its prop- erty for taxation as provided for above, before the same be placed on the Unrendered Roll, shall, when especially requested in person so to do by the Assessor and Collector, or his author- ized deputy, or the chairman of the Board of Appraisement, or the Land and Tax Commissioner, be deemed guilty of an offense, and shall be fined in a sum not less than One nor more than One Hundred Dollars. (Amendment Art. 1076, Id.) 500 Revised Code of Ordinances Sec. 1371. Property to Be Listed on Blanks Furnished by City—All property rendered in for assessment by the owner thereof, or by any person rendering the same, shall be listed and appraised on assessment sheets ruled and lettered in con- venient form to comply with the requirements of this chapter. (Code 1904, Art. 1077.) Sec. 1372. Must Fully Describe Property Assessed—lt shall be the duty of every person rendering in land, or railroad property attached to land, to said Assessor and Collector, or his authorized deputy, or the chairman of the Board of Ap- praisement, or the Tax and Land Commissioner, for taxation, to describe the same by reference to plat or plats contained in the Assessor’s block books so that by reference to the said Assessor’s block books the proper description by lot and block, or by metes and bounds, can be had; provided, that if any person’s property is not on said plats of said block books, that he shall give the metes and bounds of said property, so that the same can be platted and placed in said plats in said Assessor’s block books. In rendering said property for taxes it shall be necessary only to give the volume and page of the Assessor’s block book and the number of the tract in said volume and on said page of the property owned by the person rendering the same for taxes, by which means the description of the property can be readily ascertained. In case the owner or agent render- ing the property for assessment shall neglect to render the same as above provided, power is hereby given the Assessor and Collector of Taxes, or his authorized deputy, or the chair- man of the Board of Appraisement, or the Tax and Land Com- missioner, to correct such assessment to conform with the above provision. In all cases where the owner fails or neglects — to render his property for taxation, it shall be the duty of the Assessor and Collector of Taxes, or his authorized deputy, or the chairman of the Board of Appraisement, or the Tax and Land Commissioner, to render the same for taxation, and to describe the same by reference to volume, page and tract num- ber of the Assessor’s block books, as above provided. They shall not be required to accept any rendition of any such prop- erty unless the same shall be described as above provided. (Amendment Art. 1078, Feb. 9, 1914; Ord. Bk. 4, p. 114, Sec. 1.) Sec. 1373. But One Tract to Be Placed on a Line—But one separate tract of land shall be described on a single line in | said assessment sheets. Each tract of land and lot in each block must be valued separately, except where the taxpayer of the City of Houston 501 lists and values several parcels as one, and they are so as- sessed, or with his knowledge and approbation the several tracts are listed and valued as one, and the land so assessed is subject to the lien for the aggregate tax assessed. If a . grantee of a taxpayer who so values and assesses several tracts as one fails to render his property at separate valuations, he will not be allowed to object to the several tracts continuing to be valued as one until he has changed the rendition and asked that each tract be valued separately. The identification of any tract of land mistakenly or imperfectly described shall at all times be assisted by the presumption hereby declared to exist that the tract of land referred to is the tract owned by the owner named at the time of filling out the assessment sheet in the block or larger tract in which the same may be included, as shown on said assessment sheet. (Code 1904, Art. 1079.) Sec. 1374. Improvements to Be Assessed Separately from Land—wWhen real estate is improved, such fact and the char- acter of the improvements, and the value thereof, exclusive of the value of the tract of land on which the same may stand, shall be shown in said sheets. (Id., Art. 1080.) Sec. 1375. Oath to Be Taken by Those Rendering Prop- erty—The person rendering in property for assessment, after said assessment sheet has been filled out according to his di- rection, shall take and subscribe to the following oath en- dorsed thereon, viz: so] ha ENS EORTC Te ald, 5 ute Rin tank Olena em , do solemnly swear that the above inventory rendered by me contains a full, true and complete list of all taxable property owned by me and held in niyo WiltiaitiG OF Mell DV Me LOK awl) cn lew ey ee , or of which I have the custody as agent, guardian or administrator in this city, subject to taxation by the laws of this State and the ordinances of this city, on the first day of January, 19........... : and that I have true answers made to all questions propounded to me touching the same, so help me God.” (Id., Art. 1081.) Sec. 1376. Assessor to Assess and Render Property for Those Failing to Do So by April 15th of Each Year—It shall be the duty of the Assessor and Collector of Taxes, or his au- thorized deputy, or the chairman of the Board of Appraise- ment, or the Tax and Land Commissioner, to inventory on as- sessment sheets of appropriate form and to assess the same at what he believes to be the full and true value thereof, the prop- erty of persons failing to render the same in for assessment 39 502 Revised Code of Ordinances on or before the 15th day of April in each year, and such in- ventory and assessment shall be as valid and binding as if such property had been rendered by the owner thereof. If for any years the assessment of any tract or tracts of land be ir- regular, either because several lots or tracts were assessed to- gether and valued as one tract, or from any other cause what- soever, the Assessor and Collector of Taxes, and the Board of Appraisement, are hereby given the authority at any time to re-assess said land, and to value each tract separately, or to cure and correct the irregularity, whatever it may be, and the correction when made shall be entered on the tax roll for the year or years the property is so re-assessed, and such re-assess- ment when made shall be as binding and legal as if originally assessed in the manner corrected. (Amendment Art. 1082, Feb. 9, 1914; Ord. Bk. 4, p. 14, Sec. 1.) Sec. 1377. Assessor to Have ‘“‘Block Books’’—It shall be the duty of the Assessor and Collector to keep one or more books, to be known as “Block Books,” in which shall be en- tered in numerical order each and every lot, block or other subdivision of real estate within the corporate limits of the City of Houston, and he shall enter in such books in separate columns the name or names of the person or persons assessing such block, tract of land or portion of the same, for taxes, to- gether with a description of the portion of the same unren- dered, if any, with the names of the owners of the unren- dered portions, if any, and he shall enter upon said assessment sheets as property unrendered or belonging to unknown own- ers every tract of land or portion thereof not shown by said block book to have been rendered for taxes for that year. (Code 1904, Art. 1083.) Sec. 1378. Assessor to Have Sheets Bound—Said assess- ment sheets shall be securely bound in volumes, properly la- beled, and shall be preserved in the office of the City Assessor and Collector, and the same shall be completed and turned over to the Board of Appraisement immediately after its ap- pointment. © (Id., Art. 1084.) | Sec. 1379. Must Publish Notice of Meeting in Some News- paper—Notice of the time and place where and when the meetings of said Board will, be held shall be given by publica- tion in some daily newspaper published in the City of Houston, which notice shall be published for at least four days previous to the commencement of the meetings of said Board. The following may be the form of notice: of the City of Houston 503 Notice. The Board of Appraisement of the City of Houston will COT eNom ue gO ClOChK Mae Lt Olli fugit ed ek Peal Sr 8 (here insert date), at the market house of the City of Houston, and will remain in session from day to day thereafter until their work is finished. All persons owning property in the City of Houston subject to taxation are hereby notified to appear be- fore us at said place and on said day. (Signed) Members of the Board of Ayotisement of the City of Houston. Gide Arle LUSSe) Sec. 1380. Assessment Rolls; Assessor to Prepare Two Rolls—Immediately after said Board of Appraisement shall have completed their work and returned said assessment sheets to the Assessor and Collector, it shall be his duty to prepare two assessment rolls, one of which shall be the Rendered As- sessment Roll and one shall be known as the Unrendered As- sessment Roll. Said rolls shall be prepared on sheets appro- priately ruled and lettered, so that the provisions of this chap- ter may be conveniently conformed to. (Amendment Art. L092) Feb: 9. 1914 Ord] bk: 4) p, 114, Sec. 1.) Sec. 1381. Contents of Each Roll—The City Assessor and Collector shall transfer to said assessment rolls the contents of said assessment sheets so far as necessary to show the name of the owner, when known, the description of the property on which tax is due, the value of the same and the amount of the tax. It shall also be the duty of the City Assessor and Collector to show on each page of said rolls the percentage of tax levied and the current year for which the same is levied; provided, however, that any failure or dereliction in regard to the prep- aration of such assessment rolls shall in no way affect the validity of any assessment in the same, nor the validity of the title acquired at the sale of any property for non-payment of taxes justly due on such property, unless the party owning such property shall tender the purchaser under such tax sale the amount of taxes justly due on such property at the time such sale was made, together with a penalty of fifty per cent on the amount of such tax, and all costs incurred. (Code 1904, Art. 1093.) 504 Revised Code of Ordinances Sec. 1382. Assessor to Sign Each Sheet—Said Assessor and Collector shall sign his name at the foot of each sheet of said rolls to the following certificate, viz: “T certify that the property listed above has been correctly entered, and that the valuations placed thereon is in accordance with the action of the Board of Appraisement in reference to the same; and I further certify that the calculations showing the amount of taxes assessed against the respective tracts of land and parcels of property, as shown above, for the current year, have been truly made.” (Id., Art. 1094.) Sec. 1383. Assessor to Swear to Correctness of Rolls— On the final completion of said assessment rolls by said Assess- or and Collector, he shall forthwith prepare a certificate, and swear to the same before a notary public, embracing the facts shown and referred to in the following form, viz: To the Mayor and City Council of the City of Houston: This is to certify that the assessment rolls of the City of Houston for the current year, beginning on the Ist day of January, “A. DVi9e , and ending on the 31st day of December, AES OSES a , have been completed in accordance with the Charter and ordinances of said city, and that all calculations shown in said rolls are correct. I further certify that I have signed my name at the foot of every page of said assessment rolls to the certificate provided for in Article 1382, Chapter 42, of the Revised Code of Ordinances of said city. I further certify that the total value of all the property inventoried in said rolls, as shown therein, is correct, and is as follows, viz: The value of property on the Rendered Assessment ROL PS. be ee ee ee ee The value of property on the Unren- dered -Assessment.Holl isan rie, ee een oe et ee ae The value of the property on the Unknown Roll is Total value \ Sheed see codn eh se epechet sees pede dak ne teeprcdancancek ar teNas asns= Seen geesaen ceva tensa pI Seshess rouSanshveresee cans sauna nee And that the taxes levied on said property, and to be col- lected by me, as shown in said rolls, amount in the aggregate tothe Stim! of: ages sc en ee ie (here insert amount). In testimony whereof, witness my hand this... day GS RTS ERR at RENAN NM tie dy ot ne ho Men! . (Signed) wo ee eat eee anne ene n wenn nega tenn estates snes nccsenewennnannsensranaacsnesssenaeaee City Assessor and Collector. of the City of Houston 505 Sworn to and subscribed before me, this. day OL ae Se ci eA Oe ahs Berita: . (Signed) (Seal) Notary Public, Harris County, Texas. (Id., Art. 1095.) Sec. 1384. Certificate of Board of Appraisement—After said certificate referred to next above has been signed and sworn to by said City Assessor and Collector, the same shall be returned by him to said Board of Appraisement, who, if satisfied that the statements contained in the same are true, shall prepare and sign, under oath, the following certificate, to _ be written on the same sheet with or attached to the said cer- tificate of the City Assessor and Collector, to-wit: To the Mayor and City Council of the City of Houston: We, the undersigned members of the Board of Appraisement for the City of Houston for the current year, do certify that the statements contained in the foregoing certificate of the Assessor and Collector are true, according to the best of our knowledge and belief. We further certify that in the performance of our duties as said Board of Appraisement we remained in session for at least ten consecutive days in the Market House of said city, between the hours of 9 a. m. and 12 m., and 2 and 4 p. m., and that the notice of said meeting hereto attached (here attach to the cer- tificate a copy of the notice referred to in Article 1379) was duly published for at least four days in a daily newspaper published in the City of Houston, and that our meetings were open to the public, and all persons rendering property for tax- ation to said City Assessor and Collector for said year, or in- terested in such property, were allowed to appear before us, and were fairly and impartially heard by us at said meetings touching the value of such property, and that we endeavored in all things to discharge our duties in the premises fairly and impartially, to the best of our ability. We further certify that before making any change in the value of any property rendered for assessment, we mailed a postal card to the person or corporation rendering such prop- erty for taxation, notifying such person or corporation to appear before us at the place where our meetings were held, at a certain time designated in said notice, and that said notice was duly mailed at least ten days prior to the time of any change being made in such valuation by us, and that we have given all persons appearing before us in regard to the valua- 506 Revised Code of Ordinances tion of any property described in said Rendered Assessment Roll a full, fair and impartial hearing. Witness our hands, this..................... DaVita eS a Oo (Sioned) * +>) eee eet eee ee Pee % Serer Se ee ee eee eee eh eee Pee eer er rery ww wwew ta cn nsec cencennnerewen arc cnnes ee nec esa seceast tec cnse scenes eeceeesscestgageacscncccsesces - Board of Appraisement | of the City of Houston. Subscribed and sworn to before me, this... day Notary Public, Harris County, Texas. (Id., Art. 1096.) Sec. 1385. Certificates, After Being Sworn to, to Be De- livered to City Attorney—Said certificates of said Board of Appraisement, after being signed and sworn to by them, shall be delivered to the City Attorney, together with said certifi- cate of said City Assessor and Collector attached thereto, and it shall thereupon be the duty of said City Attorney to examine said assessment rolls and said certificates, and call the atten- tion of the proper officials to any mistakes or omissions made by them in connection therewith, relating to the form of the same, and secure a correction by them of such mistakes or omissions as he may discover, and when finally satisfied that said certificates and assessment rolls have been properly pre- pared, and are in due form of law, he shall indorse upon said certificate of the Board of Appraisement the following, viz: I certify that the assessment rolls of the City of Houston for the current year, and all certificates pertaining to the same, are in due form as required by the Charter and ordinances of sald city. CST OTIC Yo re a eR ec A a . City Attorney. (Id., Art. 1097.) Sec. 1386. After Being Endorsed by City Attorney, to Be Read at Next Meeting of the Council—Said certificates of said Board of Appraisement and Assessor and Collector, re- ferred to above, after having been endorsed by said City At- torney, shall be read at the next meeting of the City Council and spread upon the minutes of that meeting, and it shall not be lawful for any officer of said city to pay said Board of Ap- of the City of Houston 507 praisement. for their said services, nor shall it be lawful for them to receive pay for the same, until said certificates have been read before said Council and spread upon the minutes of that meeting, as aforesaid, and should the City Secretary fail to enter said certificates upon the minutes of said meet- ing, he shall be fined in the sum of One Hundred Dollars. The spreading of said certificates upon the minutes of said meeting shall be deemed an approval of said rolls by said City Council, unless action to the contrary by said City Council be had at said meeting. (Id., Art. 1098.) Sec. 1387. Assessor and Collector to Be Charged in the Amount on Rolls—After said certificates referred to next above have been entered in the minutes of the meeting of said City Council, it shall be the duty of the Controller to charge to the account of the Assessor and Collector the total amount of taxes due the City of Houston for the current year, as shown on said assessment rolls and by his said certificates, which amount shall be a valid claim against said Assessor and Col- lector and the sureties on his official bond, until the same shall be properly accounted for. (Amendment Art. 1099, Feb. 9, 1914; Ord. Bk. 4, p. 114, Sec. 1.) Sec. 1388. Supplemental Assessment Roll—That each year immediately after the preparation and making up of the two assessment rolls provided for in Section 1380, the As- sessor and Collector shall prepare an Assessment Roll to be known as the “Supplemental Assessment Roll,” to be in form, etc., substantially as in said other two rolls and showing the same facts, in and on which he shall enter during the tax year, all assessments of property which the owner thereof may have failed or refused to inventory, assess and render for the prior years or the then year, and which has not theretofore been inventoried, etc., which the Assessor and Collector or chairman of the Board of Appraisement, or Land and Tax Commissioner, has so rendered, inventoried, or assessed, and such other property as may have been rendered, inventoried and assessed by the owner, or either of said officers, either before or after making up the two assessment rolls heretofore referred to, which for any reason does not appear upon either of said two rolls, and he shall, at the end of said tax year, to- wit: On the 31st day of December, after having signed said rolls and sworn to the correctness of the same, as provided for in the case of said other rolls, exhibit them to the Controller, who shall charge the total amount thereof to said Assessor and Collector, as in the case of the other rolls; provided, however, 508 Revised Code of Ordinances -— ——w) that the Assessor and Collector may collect the taxes shown on said roll prior to said 31st day of December and report the same to the Controller as in the case of other taxes collected, who shall credit him on the Supplemental Assessment Roll ac- ' count for that year. (Amendment 1099a, Jan. 28, 1914; Ord. Bk. 4, p. 75, Sec. 1.) Sec. 1389. This Chapter Directory Merely and Not Man- datory—All the provisions of this chapter, except such as are necessary to the levying of taxes, the inventory and ap- praisement of property, and the identification of the same, and the collection of the amount of taxes levied upon such property, and the preparation of the roll showing these facts, together with the name of the owner of such property when known, and the provisions providing for the appointment of a Board of Appraisement, and the publication of notice to appear before the Board of Appraisement, are hereby declared to be directory merely, and not mandatory. (Code 1904, Art. 1100.) ARTICLE 6. COLLECTION. Sec. 1390. Rolls to Be Completed by July Ist of Each Year—It shall be the duty of the Assessor and Collector and said Board of Appraisement to have said assessment rolls here- inbefore described fully prepared and completed by the Ist day of July of each and every year, and all taxes shall be due and payable on the 1st day of July of each and every year, and if not paid by the 1st of January thereafter, the same shall bear interest from the 1st day of January until paid, at the rate of six per cent per annum. It shall be the duty of all persons from whom such taxes are due to call and pay the same to said City Assessor and Collector at his office in the City of Houston between the Ist day of July and the said 1st day of January next thereafter. (Code 1904, Art. 1101.) Sec. 1391. Assessor and Collector Must Have Stub Book for Tax Receipts—Said Assessor and Collector shall provide a book containing one or more written or printed blank re- ceipts, with corresponding marginal stubs, and before the de- livery of any receipt for taxes he shall fill up a blank therefor, and also the corresponding marginal stub, with the amount of tax so paid, specifying each separate tax, the name of the tax- payer, a description of the property, if it be real estate, the year or years for which said taxes are due, the date of pay- ment and the amount and character of the fund received, whe- of the City of Houston 509 — ther in coin or other money, city scrip or other funds receiv- able for taxes, and shall detach said receipt from said book, leaving therein the corresponding stub as a permanent record of his office, which shall be produced before the City Council whenever by it required. Such receipt books shall be furnished by him, signed by the Mayor, and numbered by the City Sec- Tebarveel Artal 1025) Sec. 1392. All Moneys Received to Be Credited on Some Particular Tract—All sums of money received in payment of taxes shall be credited when received on some particular tract of land or parcel of property, and no money in payment of taxes shall be received on account. (Id., Art. 1102.) Sec. 1393. Taxes to Be a Lien on Property Assessed—AI] taxes upon real estate shall be a lien and charge upon the property upon which the taxes are due, which lien may be foreclosed and the tax collected by suit in any court having jurisdiction. All taxes not paid within the time prescribed by the ordinances shall bear interest at the rate of 6 per cent per annum. All real and personal property held, owned or situated in the City of Houston shall be liable for all taxes due by the owners thereof, including taxes on real estate, personal prop- erty and poll tax. All personal property may be levied upon, seized and sold by the Assessor and Collector for any taxes that may be due, without further warrant of authority than the production of his tax roll, which sale, when made, shall convey a perfect title to the purchaser thereof, or the amount of the tax may be sued for in any court having jurisdiction and a personal judgment may be recovered against the delinquent — taxpayer, or against any person to whom the personal prop- erty on which the city tax is due has been sold, or who owns, holds or claims possession of said personal property. (Id., Art. 1108.) Sec. 1394. May Recover a Personal Judgment—The City of Houston has a right to maintain a suit to recover a per- sonal judgment for the amount of the tax due it, and the tax may be collected by sale of the particular property on which it is assessed, by enforcing the lien, or by the sale of that or other property under a judgment of the court, or by the seizure and sale of personal property. (lId., Art. 1112.) Sec. 1395. No Part of Tax Legally Due City to Be Re- mitted, Discounted or Compromised—lIn no case shall the City Council, or any member of the City Council, or officer of the city, remit, discount or compromise any tax legally due the 510 Revised Code of Ordinances city. The city shall have equal right to become the purchaser at all sales of property under judgment or otherwise, for taxes due ite “Cid. sArt;-1115:;) Sec. 1396. Council Not Authorized to Extend Time—The City Council shall not have the power or authority to extend the time for the payment of taxes, or in any manner delay the Assessor and Collector of Taxes in the preparation of the De- linquent Roll. (Id., Art. 1129.) Sec. 1397. Assessor and Collector and Board of Appraise- ment May Divide Assessments—The Assessor and Collector and the Board of Appraisement are authorized to divide and separate assessments made on property where mistakes have occurred in reference to the ownership of the same, or where such separation may be deemed by them convenient and equit- able on account of such property having been divided by sales subsequently made, or by reason of the death of the owner of the same. (Id., Art. 1130.) Sec. 1398. Must Not Be Divided to Allow Partial Pay- ments—The Assessor and Collector shall in no case separate or divide assessments so as to allow parties to pay on part thereof, or any part less than the whole amount. And the Assessor and Collector is especially enjoined to allow no sep- aration of payments where real and personal property are as- sessed together. (Id., Art. 1131.) ARTICLE 7. DELINQUENT TAX ATTORNEY. ° Sec. 1399. Creation of Office; Appointment—There is hereby created the office of City Delinquent Tax Attorney of the City of Houston, which office shall be filled by a regularly licensed attorney, appointed by the Mayor and confirmed by the City Council, who shall serve not exceeding two years,. unless reappointed, and who shall be subject to removal at any time by the Mayor or City Council. (Jan. 5, 1914; Ord. Bk. 3, p. 593, Sec. 1.) Sec. 1400. Duties, Etc.—The Delinquent Tax Attorney shall have general supervision over and charge of enforcing the collection of any delinquent taxes due to the City of Hous- ton; shall take such steps as may be necessary or advisable to collect the same, including the filing and prosecution of all suits for the collection of such taxes, and to that end shall be furnished by Tax Department with all necessary statements of the City of Houston 511 — or other data in the form required by him for the proper prep- aration and prosecution of such suits; shall represent the city at all tax sales of whatsoever character of properties delin- quent to the city for taxes; and shall act for the city in any settlements, adjustments or compromises of tax suits, when required by the City Council. He shall also have supervision over and general charge of properties bought by the city at tax sales, for the purpose of putting the city in possession thereof, and for such purpose shall take all necessary steps, including the filing of suits for possession or for clearing the title to said properties. (ld., Sec. 2.) Sec. 1401. Officer Tax Department; Salary—The City Delinquent Tax Attorney shall be an officer of the City Tax Department, and shall have such powers and duties as herein prescribed, or as may be required hereafter by the Mayor or City Council. He shall receive a salary of One Hundred and Fifty Dollars per month, payable in equal monthly install- ments, unless otherwise provided by the Mayor and City Coun- cil. (Id., Sec. 3.) ARTICLE 8. ® DELINQUENT, ETC. Sec. 1402. Delinquent Tax Roll and Sale of Property for Taxes; Assessor to Prepare Delinquent Roll—Immediately after the 1st day of January in every year it shall be the duty of the Assessor and Collector of Taxes to prepare a roll con- taining a description of all the property described in the as- sessment rolls of the next preceding year—that is to say, of the year ending on the next preceding 31st day of December, on which the taxes have not been paid. Said roll shall be called the “‘Delinquent Roll,’ and shall consist of a copy from the assessment rolls of so much of the line on which the tract of land or property on which the taxes remain unpaid as will identify the property and show the amount of tax due on the same. After said Delinquent Roll shall have been prepared as aforesaid, the pages comprising the same shall be securely bound in a volume, properly labeled and carefully preserved as an archive of the office of the City Assessor and Collector, and said Assessor and Collector shall.sign the following certificate at the foot of each separate page of said Delinquent Roll, viz: 512 Revised Code of Ordinances I certify that the above entries have been correctly made out in accordance with the provisions of the Charter and or- dinances of the City of Houston. (Signed )oy wats a bis hee see tee ese Ses nies oe ey oe City Assessor and Collector of Taxes of the City of Houston. (Code 1904, Art. 1104.) Sec. 1403. Assessor Shall Note Payment on Delinquent Roll—Whenever the taxes on any property in said Delinquent Roll shall be paid, the fact of such payment, with the date of the same, shall be noted in said roll opposite the description of the property, and interest on the taxes due, as hereinafter provided, shall in every instance be collected, and the amount of said interest entered on said roll. (Id., Art. 1105.) Sec. 1404. Assessor and Collector to Furnish Statements to City Delinquent Tax Attorney—During the time that the Assessor and Collector shall prepare the Delinquent Roll above described, he shall prepare separate statements of tax accounts due the city, to be furnished the City Delinquent Tax Attorney, on which to bring suits, which statements shall contain the description of the property, the year for which tax is due, amount of tax due, rate of taxation, and the person or persons, estate, firm or corporation who assesses the same, or whether the property is rendered, unrendered, or owner is unknown, as appears from the tax rolls, which statement the Assessor and Collector shall certify to be correct, and which shall be prima facie evidence of the statements made therein, and that all the requirements of the law have been complied with; and the Assessor and Collector shall be entitled to $1.00 on each statement so made, which shall be taxed against the delinquent taxpayer on the property, and the Assessor and Collector shall be entitled to refuse to issue any receipt to any delinquent taxpayer until said $1.00 has been paid; provided, that where several tracts of land and different kinds of property are as- sessed by the same person, firm, estate or corporation, that they shall be contained in the same statement, which said De- linquent Roll shall be finished and said statements furnished not later than the last day of February of each year. Said Delinquent Roll shall be published during the month of March following for ten days in some daily paper published in the City of Houston, and the said Assessor and Collector shall also be entitled to $2.00 for advertising each tract of land separate- ly assessed, which shall be’ taxed as a charge against the prop- erty on which the tax is due, and the Assessor and Collector of the City of Houston 513 | shall be entitled to refuse to issue any receipt to any delinquent taxpayer until this cost of advertising has been paid; and a failure to comply with these provisions by the Assessor and Collector of Taxes shall be deemed a malfeasance, and be cause for impeachment. Upon receipt of the above tax state- ments by the City Delinquent Tax Attorney, he shall, as soon as possible, institute suit in the proper court to enforce the col- lection of taxes due the city, and shall file suit on all of said statements furnished him by the Assessor and Collector of Taxes by the next lst of October after he has received them and the failure on the part of the City Delinquent Tax Attor- ney to file suits on said statements by the 1st of October shall be deemed a malfeasance, and be a cause for impeachment; but a failure on the part of the Assessor and Collector of Taxes to prepare the Delinquent Roll, or publish it for the required length of time, or furnish tax statements to the City Delinquent Tax Attorney, or a failure on the part of the city to file suits within the proper time, shall in no wise affect the liability of the delinquent taxpayer, nor shall such failure in any manner be relied on by way of defense against the payment of taxes due the city. Nothing but current money of the United States shall be collected or received in payment of taxes and licenses - due or hereafter assessed, except coupons and scrip made re- ceivable for all taxes on the face thereof shall be receivable for all taxes except the bond tax. In cases where the State has instituted suit for taxes, where taxes are due the city on the same property for the same years, that the city may have the right to intervene in said suit and have judgment for its taxes and to enforce and foreclose its lien for said taxes, and in cases where the city has first instituted suit for taxes, that the State may have the same right to intervene. (Amendment Art, 1.06 heb. 9, 1914 20rd: Bk 4; p. 114; See. 12) Sec. 1405. Assessor Entitled to $2.00 for Certain Years— For the years 1890, 1891, 1892, 1893 and 1894 the City As- sessor and Collector shall be entitled to Two Dollars ($2.00) for every deed made to the City of Houston, as required by the ordinances in force in those years; and for the years 1895 and 1896 he is entitled to Two Dollars ($2.00) for each tax statement executed by him for the taxes due on each piece of property for those years, and he shall refuse to issue any re- ceipt to any delinquent taxpayer until the amount due from said delinquent taxpayer for executing deeds and tax state- ments, as above specified, have been paid. (Code 1904, Art. 1107.) 514 Revised Code of Ordinances Sec. 1406. Taxes May Be Collected by Suit for Years 1875 to 1914, Inclusive—AlI] taxes due by property owners on any and all property for the year 1875, up to and including the year 1914, and for all years to come until otherwise provided by Charter, as appears upon the rolls of said city, may be collected by suit from delinquents and foreclosure of the lien thereon in any court having jurisdiction of the same, and any person who shall purchase property encumbered with a lien for taxes shall be deemed as to such taxes a delinquent tax- payer, and such purchaser takes the property charged with the lien, and he cannot interpose any defense which his vendor might not have interposed had he continued to be the owner. (Ids Artes) Sec. 1407. City Attorney to Represent City in All Suits— The City Delinquent Tax Attorney shall represent the city in all suits against delinquent taxpayers. In any and all suits by the City of Houston for the collection of taxes due it for the year 1897 and thereafterwards, the City Delinquent Tax Attorney shall be entitled to a fee of 5 per cent. (5%) of the amount of tax, which 5 per cent. (5%) shall be taxed as costs against the property on which the tax is due; and in no case, after suit has been filed, shall a receipt for taxes be given on the property in suit until after the payment of the p per cent. (5%) attorney’s fee as above stated, the costs of the Assessor and Collector as hereinafter stated, and all court costs. When judgment has been taken for taxes due on property in suit, the 5 per cent. (5%) attorney’s fee and other costs above named shall be taxed against the property to be sold under judgment for taxes, and paid out of the proceeds of the sale of the same, together with the taxes and interest due thereon to the city; provided, that such attorney’s fee shall become the property of and payable to the City of Houston. (Amendment Art. 1114, Feb. 9, 1914, Ord. Bk. 4, p. 114, Sec. 1.) Sec. 1408. Proper Parties to Be Served with Process in Suit—In suit for taxes the proper persons shall be made parties defendant in such suit, and shall be served with process and other proceedings had therein as provided by law for suits of like character in the District Courts of this State; and in case of foreclosure, an order of sale shall issue and the land be sold thereunder as in other cases of foreclosure, which order of sale shall have all the force and effect of a writ of possession between the parties to the suit, and any person claiming under the defendant by any right acquired after the filing of the of the City of Houston 515 — suit, and the sheriff or other officer executing such order of sale shall proceed, by virtue of the same, to place the purchaser of the property sold under said order of sale in possession thereof within thirty days after the date of sale, and such order of sale may direct that the sheriff, or other officer executing such order of sale, shall sell the property, either each piece separately as under execution, or in gross as the city through its attorney may direct; and if the defendant or his attorney shall at any time before the sale file with the sheriff or other officer in whose hands any such order of sale shall be placed, a written request that the property described therein shall be divided and sold in less tracts than the whole, together with a description of said subdivisions, then such officer shall sell the land in said subdivisions as the defendant may request, and in such case shall only sell as many sub- divisions as near as may be as will satisfy judgment, interest, court costs and other costs hereinafter specified. In all cases in which lands have been sold or may be sold for default in the payment of taxes, it shall be lawful for the sheriff selling the same, or any of his successors in office, to make a deed or deeds to the purchaser, or to any other person to whom the purchaser may direct the deed to be made, and such deed shall be held in any court of law or equity in this State to vest a good and perfect title in the purchaser thereof. (Code 1904, Art. 1117.) ARI CLR: Qe MISCELLANEOUS. Sec. 1409. When Description Is Vague—When the de- scription of any property on the assessment sheets or tax rolls is vague and indefinite, the city may show by evidence other than the assessment and tax rolls where the property is located, and on what property the tax is due, what parties own the property, and that the taxes on the same are due and unpaid, and enforce and foreclose the tax lien on such property. (Code 1904, Art. 1109.) Sec. 1410. Tax Rolls Prima Facie Evidence—For the taxes due on any property for any and all years from the year 1875 up to and including the year 1914, and for all years to come until otherwise provided by Charter, either the tax rolls or a statement of the taxes due on any property, made from said rolls, certified to and signed by the City Assessor and Collector of Taxes of the City of Houston, shall be prima facie evidence that the tax on the property is due, that the facts ~ 516 Revised Code of Ordinances stated therein are true, and that all the prerequisites required by law pertaining to the levying and assessing of taxes on the property on which the suit is brought for the taxes due have been complied with. In addition to the tax rolls, and the certified statements made from said rolls, being prima facie evidence as above stipulated, for the years 1890, 1891, 1892, 1893 and 1894, the deeds executed for sales made by him during said years of property for taxes, in accordance with the provisions of the Charter of the city in force during the last named years, shall also be prima facie evidence that the tax on the property is due and unpaid, that the facts stated in said deed are true, and that all the requirements of the law have been complied with. (Id., Art. 1113.) Sec. 1411. Purchaser at Tax Sale to Have Lien—lIf the _ purchaser at any sale under proceedings had to foreclose a tax lien on the property sold in the City of Houston for non- payment of taxes, shall fail to acquire a valid title to the property so purchased by him, by reason of any irregularity or defect in the assessment or levy, or for any other reason whatsoever, whether of a jurisdictional character or otherwise, such purchaser shall nevertheless have a lien on the property so purchased for the taxes which would have been due on same had all proceedings in reference thereto been legal and regular, together with all costs connected therewith; also for taxes by him subsequently paid on said property, with interest on all of such sums at the rate of 6 per cent. (6%) per annum, and he shall be entitled to judgment for such amounts, and for the enforcement of the lien against the owner of said property in the same action wherein the said sale is declared void, together with his costs incurred in such action. In no case shall the City Council, or any member of the City Council, or officer of the city, remit, dis- count or compromise any tax legally due the city. The city shall have equal right to become the purchaser at all sales of property, under judgment or otherwise, for taxes due it. All taxes shall be due and payable on the Ist day of July of each and every year, and if not paid by the Ist day of January thereafter, the same shall bear interest from the said 1st day of January until paid at the rate of 6 per cent. (6%) per annum. It shall be the duty of all persons from whom such taxes are due to call and pay the same to the City Assessor and Collector of Taxes, at his office in the City of Houston between the said 1st day of July and the 1st day of January next thereafter. (Id., Art. 1118.) a of the City of Houston ALG Sec. 1412. Property Exempt from Taxation—That the following property shall be exempt from taxation, to-wit: All lands used exclusively for graveyards, or grounds for burying the dead, except such as are held by any person, company or corporation with a view to profit or for the purpose of specula- tion in the sale thereof; all buildings belonging to institutions of purely public charity, together with the lands belonging to and occupied by such institutions, not leased or otherwise used with a view to profit, and all moneys and credits appro- priated solely to sustaining such institutions, together with such other property as is exempt from taxation by the laws of the State of Texas. (lId., Art. 1120.) Sec. 1413. Houston Light Guard Armory Partially Ex- empt from Taxation—That the portion of the brick building situated on lots 4 and 5, in block 69, known as the Light Guard Armory, which does not bring in any revenue to the Houston | Light Guard, that is, that portion of the building not rented by said Houston Light Guard Company, and not bringing in any rents, shall be and is hereby exempted from the payment to the City of Houston of city taxes, beginning with the year 1894. This exemption shall only hold good as long as the above building is owned by the Houston Light Guard. (Id., Art. Te) Sec. 1414. Tax Judgments May Be Transferred—That upon the payment of all tax, interest and costs due to the city in any judgment recovered by the City of Houston against delinquent taxpayers for city taxes, to the City Assessor and Collector of Taxes, and payment of court costs, the Mayor and City Secretary are hereby authorized to transfer and assign any judgment due to the City of Houston by any delinquent taxpayer to said city, provided such transfer shall not be made except by consent of such delinquent taxpayer. (Id., Art. 1132.) Sec. 1415. Mayor to Hold Receipt—As evidence of the fact that the tax, interest and costs due the city have been paid, the Assessor and Collector of Taxes shall furnish a duplicate receipt of the amount so paid to the person so paying, who shall deposit the same with the Mayor and City Secretary. In addition to this he shall procure from the City Delinquent Tax Attorney a statement that the amount paid covers the amount of the judgment due the city, which is to be assigned and transferred, which shall also be deposited with the Mayor and City Secretary. (Amendment Art. 1133, Feb. 9, 1914, Ord. Bk. 4, p. 114, Sec. 1.) 40 518 Revised Code of Ordinances Sec. 1416. Must Pay Court Costs Before Judgment Is Transferred—As an evidence that all court costs have been paid he must display a receipted cost bill for the court costs in the case in which the judgment to be transferred was obtained, receipted by a properly authorized officer to receive said court costs. (Code 1904, Art. 1134.) Sec. 1417. Person Desiring to Buy Property at Tax Sales. —Any person who desires to buy any property which has been sold to the city for city taxes at an execution sale, shall first pay to the City Assessor and Collector of Taxes the entire amount of taxes, interest and costs of advertising and making tax statements or deeds, if any, that may be due on such property. (Id., Art. 1135.) 3 Sec. 1418. City Assessor and Collector to Make Receipts in Duplicate—The Assessor and Collector of Taxes shall, upon said payment, make a duplicate receipt of the one given to the purchaser, which shall afterwards be filed in the office of the Controller ; that upon payment of the taxes, interest and costs as above, the person purchasing property from the city shall first present duplicate receipt to the City Delinquent Tax Attorney, who shall take charge of the same and prepare a. deed for such property, making as consideration of such deed the amount stated in said duplicate receipt of the Assessor and Collector of Taxes, and, in addition thereto, all court costs which may be due on same, which said amount of court costs must be paid to the Assessor and Collector by the party pur- chasing before the deed shall be made. (Amendment Art. 1136, Feb. 9, 1914, Ord. Bk. 4, p. 114, Sec. 1.) Sec. 1419. Purchaser to Receive Deed—After the party has presented the duplicate receipt of the City Assessor and Collector of Taxes, as above, and paid all court costs, the City Delinquent Tax Attorney shall prepare a quit claim deed to said property, in accordance with the terms of an ordinance passed by the City Council of the City of Houston on April 26, 1898, and present said deed so prepared, together with the duplicate receipt of the City Assessor and Collector of Taxes, and the amount of money received for costs, to the City Secre- tary of the City of Houston, who shall retain possession of same. It shall thereupon be the duty of the City Secretary and Mayor to execute said deed in accordance with authority granted them in the ordinance of April 26, 1898. (Code 1904, Art. 1137.) of the City of Houston 519 Sec. 1420. Controller to Furnish Statement of Costs— That the City Delinquent Tax Attorney may be enabled to arrive at the amount of costs paid by the city, it shall be the duty of the Controller to at once furnish him with a statement of all costs paid by the city in each and every case which has been filed by the city for the collection of taxes. (Amendment Art. 1138: Keb.-9,31914,-Ord: Bk: 4, p. 114, Sec: 1.) Sec. 1421. Mayor and Finance Committee Authorized to Sell Property Purchased at Tax Sales—The Mayor and Fi- nance Committee are hereby authorized and empowered to sell any and all property owned by the city under sales for city taxes, either to the highest bidder at public sale or to any person at private sale, upon terms that are deemed to be just and equitable by the said Mayor and Finance Committee, and that upon determination by the Mayor and Finance Committee of the terms for which the property shall be sold, or upon bid at public auction by the highest bidder, the Mayor and City Secretary shall be and are hereby authorized, upon the pay- ment to the City Treasurer or City Assessor and Collector of Taxes, of said bid, or upon payment to the City Treasurer or City Assessor and Collector of the sum arrived at and deemed just and equitable by the Mayor and Finance Committee, to execute to any such person or persons deeds for the property so purchased. (Code 1904, Art. 1139.) | Sec. 1422. No Deed Executed by City Unless Papers Are Submitted to City Delinquent Tax Attorney—The Mayor and City Secretary are in no event to execute any deed until they are first presented by the City Delinquent Tax Attorney with a duplicate receipt of the Assessor and Collector of Taxes above described, and the amount of all court costs paid. (Amendment Art. 1140, Feb. 9, 1914, Ord. Bk. 4, p. 114, Sec. 1.) 520 Revised Code of Ordinances CHAPTER LXIII. Treasurer. Sec. 1423. Creation of Office—There is hereby created the office of Treasurer of the City of Houston, who shall be appointed by the Mayor and confirmed by the City Council, and who shall hold the office without fixed term, but subject to removal at any time by the Mayor or by the City Council. (Aug. 9, 1905, Ord. Bk. 2, p. 232, Sec. 1.) Sec. 1424. Duties—It shall be the duty of the City Treas- urer of the City of Houston to be the custodian of all moneys and funds held by and belonging to the City of Houston, ex- cept the moneys which, by general law of the State, are payable to the Board of Liquidation of the City of Houston. It shall also be the duty of the Treasurer of the City of Houston to be the custodian of all moneys coming to the Independent School District of the City of Houston as the scholastic ap- portionment from the State of Texas. The Treasurer shall make a monthly report to the City Council, showing in de- tail all moneys received by him, and all moneys paid out by him for the account of the City of Houston. (1d., Sec. 2.) Sec. 1425. Additional Duties—The Treasurer of the City of Houston shall safely keep and preserve all money and funds of every kind and description, and shall not pay out the same, except upon warrants signed by the Mayor and City Controller. It shall also be the duty of the Treasurer of the City of Hous- ton to keep such records and books as are now in use, and are required and prescribed by the system of accounting adopted by ordinances of the City of Houston. (Amendment Sept. 18, 1905, Ord. Bk. .2,. p. 239, Sec. 1.) Sec. 1426. Bonds to Be Given—The Treasurer of the City of Houston shall execute and deliver to the Mayor two bonds for the sum of Twenty Thousand Dollars ($20,000.00) each, with two or more good and sufficient sureties for each of said bonds, or said bonds may be executed by some surety company having a permit to do business in the State of Texas, and a ‘ local agent in Harris County, and which has complied with all of the requirements of the laws of said State, which said surety on each of said bonds shall be satisfactory to the Mayor. One of said bonds shall be executed in the sum of of the City of Houston 521 Twenty Thousand Dollars ($20,000), conditioned that the Treasurer of the City of Houston shall safely keep and pre- serve, and pay out only as legally authorized to do so, funds and moneys of the City of Houston of every kind coming into his custody generally, and that he will faithfully perform and discharge all of the duties required of him by law as such Treasurer aforesaid, and shall account for and pay over to the City of Houston all money and property entrusted to him. The other of said bonds, in the sum of Twenty Thousand Dol- lars ($20,000.00), shall be conditioned that he shall faithfully keep and well and truly account for all moneys which shall be placed with him belonging to the Public School Fund of the City of Houston, and shall only disburse the same as pro- vided for by the laws of the State of Texas, the Charter and ordinances of the City of Houston, and as may be directed by the City Council of said City of Houston. (Aug. 9, 1905, Ord. Bk. 2, p. 232, Sec. 4.) Sec. 1427. Salary—The Treasurer of the City of Houston shall receive compensation for all services rendered by him, or which may be required of him by law as Treasurer of the City of Houston, the sum of Six Hundred Dollars ($600.00) per annum, payable in equal monthly installments. (Id., Sec. 5.) 522 Revised Code of Ordinances CHAPTER XLIV. Water Department. Article 1.—Creation, Etc. 2.—Regulations, Etc. 3.—Construction of Laterals by Individuals. ARTICLE 1. CREATION, ETC. Sec. 1428. Creation, Etc.—That there is created a Water Department, the officers and employees of which are charged with the performance and discharge of such duties as may be imposed upon them by this chapter or by existing ordi- nances, or those hereafter passed, or by the Mayor or by the . City Council, and it shall generally have charge of all matters pertaining to or affecting in any manner the water system of the City of Houston. (Mar. 23, 1914, Ord. Bk. 4, p. —, Sec. 1.) Sec. 1429. Composition of; Water Commissioner; Power and Duties—That the Water Department shall consist of a Water Commissioner, a Cashier and other such officers and _ employees as may be allowed by the Mayor and City Council. That the chairman of the Water Committee shall be the Water Commissioner until the next general election, when the Water Commissioner shall be elected as provided by the Charter. That the Water Commissioner, under the supervision of the Mayor, shall be the executive head of the Water Department, and as such executive head he shall have charge and super- vision of the Water Department including all mains, build- ings, apparatus and other property belonging or appertaining thereto; that he shall have charge of laying and connecting all water mains, laterals, pipes and connections and the repair thereof, and shall have charge of the location of excavations to be made in paved streets or alleys or other places for the purpose of laying, repairing, tapping, inspecting or doing other work on any such mains, laterals, pipes and connections ; that he shall also be charged with the enforcement of all the ordinances, rules and regulations covering, affecting or per- taining to the Water Department, and the plant, fixtures and property thereof, and the water furnished thereby, and by and with the advice of the City Attorney, to institute such prosecutions as may be necessary to secure the enforcement of the City of Houston hie of same. That said Water Commissioner shall furnish to the Cashier a list of all bills and accounts made out and rendered against persons, firms or corporations owing the Water De- partment for water, services rendered, meters rented, making connections or other things done, furnished, rendered or sup- plied by it, and shall furnish the Controller the amount of such bills as reflected by the ledgers of the Water Department, and it shall be the duty of the Controller to charge to the account of the Cashier the total amount of such bills and ac- counts so made out and rendered as reflected by the ledgers of the Water Department, the amount of which charge shall be a valid claim against said Cashier and the sureties on his official bond until same is collected, remitted and deposited with the City Treasurer, or same has been otherwise properly accounted for and disposed of. (Id., Sec. 2.) Sec. 1430. Cashier; Duties; Official Bond; Liability of _ Cashier and Sureties—That the Cashier shall be the receiver and collector of all moneys due and owing to'or charged by the City of Houston for water, or services rendered, or meter rent, or for any other thing sold, furnished, done or supplied _by the Water Department or the officers and employees there- of, and he shall make daily remittances and payments thereof to the Treasurer of the City of Houston to the account of said City of Houston, Water Department, taking duplicate re- ceipts therefor, one of which he shall deliver to the Controller. That he shall at the end of each day make.a report to the Controller showing all such moneys so collected and received by him and the officers and employees of the Water Depart- ment. That he and the sureties on his official bond shall be responsible for all moneys from whatever source collected by said Water Department or the officers or employees thereof ; that before entering upon the discharge and performance of the duties of his office, he shall execute and deliver to the City of Houston, and thereafter whenever required so to do by the Mayor, a bond in the sum of Ten Thousand Dollars ($10,000.00) payable to the City of Houston, with at least three (3) good and sufficient sureties or a surety company authorized to do business in Texas, to be approved by the Mayor, conditioned for the faithful performance and discharge of all the duties of his office as now or hereafter fixed by the ordinances, or by the Water Commissioner, or by the Mayor, or by the City Council, and that he will collect and receive and safely keep all moneys coming into his hands or the hands of any officer or employee of the Water Department for water 524 Revised Code of Ordinances furnished, or services rendered, or meter rent, or any other thing sold, done, furnished or supplied by the Water Depart- ment, and make daily remittances of such moneys so collected and received to the Treasurer of said City of Houston; that such bond shall provide that the conditions are to be performed in Houston, Harris County, Texas, and that in case of a re- covery thereon that the obligors will pay the expense incurred by or imposed upon the City of Houston in or about the col- lection thereof, including a reasonable attorney’s fee, and that said bond shall not become void until the whole amount thereof has been exhausted. (Id., Sec. 3.) Sec. 1431. Other Officers and Employees; Appointment, Etc.; Bonds; Oath of Office—That there shall be such other officers and employees of the Water Department as may be allowed by the Mayor and City Council who shall receive such salaries as may be fixed by the City Council. That all officers of the Water Department except the Water Commissioner shall be appointed by the Mayor, and before entering upon the discharge of the duties of their respective offices : shall take the constitutional oath of office; that the Mayor and Cashier may require any employee of the department handling, receiving or collecting moneys belonging to the City of Hous- ton, to execute and deliver to the City of Houston a bond in such sum as they may deem proper and sufficient, payable to the City of Houston, with at least three (3) good and sufficient sureties or a surety company authorized to do business in Texas, to be approved by the Mayor and to contain such con- ditions and provisions as they may deem proper and right, and a further condition giving the Cashier the right to sue and recover thereon in the event that he be required to pay any money to the City of Houston for which he was accountable as Cashier, by reason of the act of such officer or employee and containing the provision with reference to expenses as contained in his bond as Cashier. (Id., Sec. 4.) Sec. 1432. Water Commissioner; Authority; Duties— That the Water Commissioner shall have charge of and con- trol over the officers and employees of the Water Department and may, by and with the approval of the Mayor and the Civil Service Commission, prescribe and establish from time — to time such rules and regulations as he may deem advisable for the organization, government and control of the officers and employees of the Water Department and, with the ap- proval of the Mayor, he may suspend any such officer or employee for insubordination or inattention to or neglect of of the City of Houston 525 duty or violation of the ordinances or the rules and regulations of the department, until such officer or employee has been permanently removed, discharged or reinstated, and during the time of such suspension, unless such officer or employee be reinstated without prejudice, he shall not be entitled to the pro rata portion of his salary. That said Water Commissioner shall by and with the approval of the Controller and the Mayor and City Council, cause to be kept such books of accounts and records as fully show and disclose all the water furnished, services rendered, meters rented, and other things sold, fur- nished, done and supplied by the Water Department, and the amounts due therefor and the delivery of bills and accounts therefor to the Cashier of the department, and shall make such monthly reports as are or may be required by the ordinances. (Id., Sec. 5.) Sec. 1433. Salaries—That the monthly salary of the Cashier and other officers and employees of the Water Depart- ment shall be such as may be fixed and allowed by the Mayor and City Council. (Id., Sec. 5.) ARTICLE 2. REGULATION, ETC. Sec. 1434. Unlawful to Deface, Etc., Property Water Works System—lIt shall be unlawful for any person to wilfully injure, deface or destroy any reservoir, machinery, pipe, hy- drant or other fixture belonging to the water works system of the City of Houston. (Oct. 30, 1906; Ord. Bk. 2, p. 335, Sec. 2.) Sec. 1435. Not to Interfere with Fire Hydrants—Every hydrant placed by the Water Department for the purpose of extinguishing fires is hereby declared to be a public hydrant, and no person other than members of the Fire Department, the Health Department, and those authorized by the Water Commissioner, shall open any of said hydrants, or draw or at- tempt to draw water from the same, or in any manner inter- fere with said hydrants. (Id., Sec. 3.) Sec. 1436. Unlawful to Turn on Water Without Permit— It shall be unlawful for any person to turn on the water to any premises from which the supply has been turned off by _ authority of the City of Houston, without first having obtained a permit to do so from the Water Commissioner of the City of Houston. (Id., Sec. 4.) 526 Revised Code of Ordinances Sec. 1437. Not to Obstruct Access to Hydrant—wNo per- son shall in any manner obstruct the access to any hydrant connected with any water pipe in any street, alley or common in the City of Houston, by means of any lumber, brick, building material or other article, or by any hindrance whatsoever. (Id., Sec. 5.) Sec. 1438. Not to Take Water From Any Public or Private Hydrant, Etc.—No person shall take water from any public or private hydrant, plug, street washer, draw-cock, hose-pipe, fountain, cistern, street reservoir or fountain basin, which shall have been filled in whole or in part from the City Water Department, except by order of the Chief of the Fire Department for the use of the Fire Department, nor shall in any way use or take any water for private use which is fur- nished by the City Water Department, unless such person shall first pay for the same, and receive the usual.permit from the Water Department so to do. (lId., Sec. 6.) Sec. 1439. Not to Put Animal Matter, Etc., in City Reser- voir—No person shall put filthy, animal matter, chips, shav- ings, or any substance into any City reservoir, or bathe therein, or do any injury thereto, or walk or ride on the turf thereof. (Id Sears) ; Sec. 1440. Not to Take Water From Public Cistern, Etc. —No person, unless authorized by the Water Department, shall, except in time of fire, take water from any public cistern or fire plug, or place or remove the cover from any such public cistern or fire plug, or place or deposit any dirt or material in any such fire plug, or in the box or appendage connected therewith, or turn any public or private stop-cock, or remove the cover from any private stop-cock, or permit any act tending to obstruct the use thereof, or injure in any manner any building, machinery, pipe, apparatus or fixture of the City Water Works. (ld., Sec. 8.) Sec. 1441. Not to Make Connections; Etc.—No person other than the properly authorized agents of the Water De- partment shall be permitted to tap or make connection with the main or distributing pipes of the water works. (lId., Sec. 10.) Sec. 1442. Not to Make Attachments, Repairs, Etc.— No person shall make any attachments or connection to the pipes belonging to the water works or the pipes belonging to water consumers, nor make any repairs or additions to or of the City of Houston 527 ——_— —_— alterations in any tap, pipe, cock or other fixture connected with the service pipes, unless he shall have a written permit from the Water Commissioner. (lId., Sec. 11.) Sec. 1443. Service Pipe Not to Be Entered, Etc.—wNo ser- vice pipe shall be entered by any plumber or other person in any premises where a ferrule or corporation cock has been previously inserted, or water conveyed for the purpose of giving additional supply, except in conformity with and sub- ject to these rules and regulations; nor shall any two ferrules or corporation cocks be inserted into any of the distributing mains within the distance of eighteen inches of each other; nor shall any change of connection be made to any premises where water has been previously used, until the connection previously used shall have been drawn and the said opening in the pipe securely stopped with a brass plug, at the expense of the party asking the change, or when a corporation cock is used the same shall be turned off. (lId., Sec. 12.) Sec. 1444. Report of Connection to Be Made, Etc.—With- in forty-eight hours after completing any attachment or con- nection, or making any repairs, additions or alterations, the plumber shall make a true return, in writing, on the permit, of all the work done by him under such permit, and file the same in the office of the Waterworks. (Id., Sec. 13.) Sec. 1445. Owner to Keep in Repair, Etc.—The service pipe from the main, including the connection, lead pipe to curb, stop-cock, and box, is the property of the owner of the prem- ises, all of which, and all pipe fixtures connected therewith, must be kept in good repair and protected from the frost, and the occupant of the premises must prevent all unnecessary waste of water. (Id., Sec. 14.) Sec. 1446. Water Not to Run, Etc.—No water shall be permitted to be running when not in actual use. (ld., Sec. 15.) Sec. 1447. Yard Fountains to Be Used, How—Yard foun- tains shall not be used longer than three hours per day, unless specially permitted, and on additional payment, and the right is reserved to suspend their use whenever the public exigency may require it. (Id., Sec. 16.) Sec. 1448. Hours for Sprinkling—No person shall sprin- kle any lot, street or sidewalk between the hours of 8 o’clock a.m. and 5 o’clock p. m., nor more than three (3) hours in any day. (Id., Sec. 17.) ~ 528 | Revised Code of Ordinances Sec. 1449. Feed Pumps to Take Water, How—Feed pumps for supplying water to steam boilers will not be per- — mitted to take water directly from the service pipes, but must be drawn from an open receptacle into which the water has been previously discharged. (Id., Sec. 18.) Sec. 1450. Construction for Supplying Boilers—In all cases where boilers are supplied, the plumbing shall be done in such manner as will prevent the hot water from backing into the meter. The owner of.the premises will be held responsible for all damages to meters resulting from hot water backing up into them. (Id., Sec. 19.) Sec. 1451. Water to Be Applied as Stated in Application —No person shall apply water to any use different from that named in the written application, nor shall any consumer supply water to other persons, or to other families, or suffer them to take water, except for use on the premises for the purposes specified in the application; nor shall any person, after water is introduced into any building, or upon any prem- ises, make or.employ any plumber or other persons to make any tap or connection with the works upon his premises, for altering, repairing, extensions or attachments, without a writ- ten permit from the Water Department, specifying the par- ticular change to be made. (Dec. 16,-19073 Ord. BkoZ) p4bl5 Sec. 5.) Sec. 1452. Not to Make Connections With Private Sup- ply Pipes—No person shall in any case make connection with the supply pipes of another consumer of water unless, first, connection is made with the consent of the owner of the supply pipe; and unless, second, such connection is made on the side- walk or in the street, and not on the premises of the owner of the supply pipe; nor shall such connection be made in any case except on written application to the Water Department, signed by the person desiring to make same, and on the per- mit from the Water Department. (lId., Sec. 6.) Sec. 1453. Penalty—Any person: violating any of the foregoing provisions of this chapter shall, on conviction there- of, be fined in any sum not less than One Dollar nor more than Two Hundred Dollars, and shall also be liable for any dam- ages to persons or property caused by reason of such violation. (Oct. 30, 1906; Ord. Bk. 2, p. 385, Sec: 20; and Dec. 16, 1907, Ord. Bk. p. 451, Sec. 7.) of the City of Houston 520 —— aiee! Sec. 1454. Rules, Regulations, Etc., for Protection, Etc.— The following by-laws, rules and regulations for the manage- ment and protection of the waterworks are hereby: approved by the City Council, and the same shall have the force and effect of ordinances of the city: Rule 1: All connections shall be provided with a stop- cock, placed in a cast-iron box, leading from the same to the surface of the sidewalk; the cover of which box shall have the word “Water” thereon, and the same shall be placed in the sidewalk, within one foot of the line of the curbstone, so that the word “Water” can be read from the sidewalk. Rule 2. In all cases where two or more distinct premises or tenements are supplied with water from one connection, the person controlling the main stop-cock must pay the water rents for all premises thus supplied, as separate water bills will not be made unless separate and distinct stop-cocks shall be placed on the outside of each of such premises at such places as the Water Commissioner may direct. Rule 3. Every service pipe must be provided with a stop and waste-cock or valve at the entrance of the pipe into any cellar or building, or before any branch is taken off such pipe, and a nipple of two feet length, with a union attached, inside the stop and waste-cock; also with a stop and waste-cock or valve for each separate tenement or place supplied with water on all risers, all to be easily accessible and so situated that the water can be conveniently shut off and drained from the pipes. Every pipe supplying a bath room or water closet shall not be less than one-half (14) inch. Rule 4. All stop-cocks and other fixtures used by plumb- ers shall be subject to the inspection and approval of the Water Department. Rule 5. Water will not be furnished where the only fix- ture for obtaining it is from the street washer or hydrant placed in the sidewalk; nor will water be furnished for the partial supply of any premises unless it be through a meter, set at the expense of the owner of such premises. No hydrant or street washer shall be placed in any yard, or common area in any premises, so situated as to be accessible to persons living in or occupying adjoining premises, unless the person control- ling said hydrant or street washer becomes responsible for and pays the water rent for all persons so accessible who shall neg- lect or refuse to pay for water. No branch shall hereafter be 530 Revised Code of Ordinances —_ taken off of a service pipe until after it enters the cellar or building (that is, either a basement or some room of a build- ing). Rule 6. In all cases where there are two or more distinct houses or tenements on a lot without dividing fences, or where there are gates in the fences, the water will not be turned on to one tenement unless such gates are permanently fastened, or division fences are put up, or the water rent paid for each tenement. Rule 7. No water taker will be allowed to supply water to others except by special permit from the Water Commis- sioner; if found doing so without a permit, the supply will be stopped and the water rent already paid forfeited. Rule 8. Minals with stop-cocks to be turned on by hand, unless self-closing, are not permitted. Water closets must be fitted to be operated by the regular water closet valves of the different makes; the valves known as the Hopper valve, with continual flow while in use, will not be allowed; the use of ordinary draw-cocks in connection with water closets will also not be permitted. Hydrants set over slop sinks must be self-closing. Water troughs must be provided with a float valve to pre- vent overflowing and the owners of. troughs must keep the same in good working order. Rule 9. The Water Commissioner and other employees in the Waterworks shall have free access at all reasonable hours of the day to all parts of any premises to which water is sup- plied. Rule 10. Service pipes intended: for fire protection, or for supplying power for elevators or other hydraulic motors, must not be tapped or used for the general supply of the prem- ises; such supply must be taken through a separate service pipe. Rule 11. In case of fire, the Fire Department shall have the right to use any hydrant, cistern, hose, pipe or other fix- ture supplied wholly or in part from any service pipe used for fire protection. Rule 12. No service pipe for fire protection will be allowed in premises that do not also have a pipe for the general use of same. of the City of Houston SB. os - - - ie == ee Rule 13. No service connection for fire protection or hy- draulic motors shall be made larger than six (6) inches. Rule 14. All service pipes for supplying hydraulic eleva- tors or other large motors must have suitable air chambers attached thereto, for the purpose of preventing water-ram in the pipes. And the owner or users of such elevators or motors must keep the same in good repair, so as to prevent all leakage or waste of water. They shall also, at their own expense, have placed in all service pipes intended for fire protection, or for supplying hydraulic elevators or other hydraulic motors, wa- ter meters, that shall record accurately the quantity of water used, and such meters shall be approved by the Water Com- missioner. | | Rule 15. Any person desiring to pay by meter measure in preference to assessed rates, can, upon application to the - Water Commissioner, have meters set on the service pipes sup- plying his premises at his own expense. Rule 16. All meters, whether private or belonging to the Waterworks, shall be set by employees of the Department. If the meter gets out of order and fails to register, the consumer will be charged at the average daily consumption, as shown by the meter when in order. All water that passes through the meter shall be charged for, whether used or not. Rule 17. In all cases where private meters are to be ap- plied, whether upon the order of the Water Commissioner, or upon application of a consumer or owner of premises, the total charges, comprising the setting of the meter, and a suitable meter vault or box, must be paid in advance at the office of the Water Department. Rule 18. Owners shall protect all private meters from frost or injury of any kind, but such meters shall not, under any circumstances, be removed, for repairs or otherwise, by any person except an employee of the Waterworks, working under the direction of the Commissioner. The Commissioner is authorized ‘to withhold the supply of water until the condi- tions of these rules are complied with. The owner of the premises will be held responsible for all damages to meters from frost when meters are set in basements. Rule 19. The city will repair all private meters whenever deemed*necessary at the expense of the owner. Rule 20. The Water Commissioner shall, whenever in his opinion it is deemed necessary, test any private meter; and 532 Revised Code of Ordinances 4 —- any meter found to vary five or more per cent from the correct amount: shall be removed or repaired at the expense of the owner. All meters shall be tested before being set, and they shall be set as near the curb line as possible. Rule 21. Whenever a meter is set, whether in the sidewalk or area vault, or in any part of the basement of any building, the space occupied by the meter and the box for the same must at all times be kept free from rubbish or obstructions of any kind. A deduction may be made for water used through fire serv- ice pipes to which a meter is applied for the purpose of putting out or preventing the spreading of fire; provided, however, that such use of water be immediately reported to the Water Com- missioner in writing, otherwise the same shall be paid for ac- cording to the regular meter rates. Rule 22. Permission to use water for building purposes. will be issued only upon a certificate of the architect of the work to be done, specifying the number of bricks, perches of stone, cubic yards of concrete, square yards of plastering, and amount of work of any other character for which water will | be required. All water used for building purposes shall be paid for in advance at assessed rates, unless a meter is set by the city at the expense of the owner or contractor, at the op- tion of the Water Commissioner. Rule 23. The charges for all water used for building pur- poses in the City of Houston shall be paid to the Water De- partment in advance, and the Inspector of Buildings shall, be-. fore granting any permit to erect, repair, change or alter any building, first require the owner or applicant for such permit to exhibit a receipt from the Water Department, showing that said applicant has fully complied with Rule 22, and upon the refusal of said owner or applicant to produce said receipt, the said Inspector shall refuse to grant such permit. Rule 24. The Mayor or Water Commissioner shall have the right to apply a meter to any service pipe, in case he or they may deem it advisable. Rule 25. All charges for water will be made against the © premises supplied, and may be paid either by the owner or by . the tenants; owners, however, shall be so far responsible for tenants that new tenants shall not be entitled to a supply until all arrearages on the premises are paid. of the City of Houston 533 Rule 26. If any person shall refuse or neglect to pay the water rent when due, or shall refuse or neglect to pay for con- nections made and for repairs made on service pipes or pri- vate meters, or permit any, waste or use of water coutrary to these rules and regulations, or in violation of any ordinance of the city, the water shall be immediately turned off, and not turned on again until all back rent and other charges and damages shall be paid. In case the water has been turned off on account of waste or unauthorized use of same, the Water Commissioner shall charge and collect the further sum of One Dollar for turning it off and One Dollar for turning it on. He may also, at his option, require such person to have a private meter set in the service pipe supplying such premises. Rule 27. In cases where the water has been turned off for non-payment of. water rent, or for any other cause, and it is found turned on again, or when, in the opinion of the Water Commissioner, the turning off of the water at the stop- cock is not a sufficient protection against the use or waste of the water, the Water Commissioner may cause the ferrule to be drawn or the corporation cock to be turned off and dis- continued. Upon a re-application for water, where the service pipe has been so discontinued, an additional charge of Five - Dollars for re-inserting or re-connecting will be made. Rule 28. In all cases where any servant, apprentice or mi- nor Shall be guilty of any violation of the preceding rules and regulations, the master, mistress, employer, parent or guard- ian of such person shall be held responsible for such violation. Rule 29. The consequence of a violation of any of the pre- -ceding rules will be the stoppage of the supply of water with- out any preliminary notice, and the water will not be restored except upon the payment of all damages, and upon a satisfac- tory understanding that no future cause of complaint shall arise. (Oct. 30, 1906; Ord. Bk. 2, p. 335, Sec. 21.) Sec. 1455. Water Rents Due and Payable First of Month ‘in Advance—All water rents will be due and payable on the first day of each month, in advance, at the office of the Water Department of the City of Houston, in the City Hall; if not paid within ten (10) days after they fall due, the city reserves the right to disconnect from the main pipe without further no- tice, and not connect back again until all back dues are paid; and if not paid by the 20th day of the succeeding month, the officers and employees of the city must and shall disconnect the consumer from the main pipe. And this duty is charged 41 534 oily Revised Code of Ordinances upon the person in charge of the service connections of the Water Department; and if through failure to perform said duty the said water rent shall remain unpaid for twenty (20) days after the said date fixed by this section for the perform- ance of said duty, said employee shall be personally liable to the city therefor, and be subject to dismissal from the city’s service. (Amendment April 5, 1909; Ord. Bk. 2, p. 507, Sec. 1.) Sec. 1456. Cash Payments on or Before Tenth of Month, Allowed Discount of 5 Per Cent—AIl water bills paid cash in full, either in advance or on or before the 10th day of the month succeeding the month in which the water was furnished, shall be allowed a discount of five per cent on account of such cash payment, and in no other case shall the officers or em- ployees of the city discount or scale any bill for water and the violation of this provision shall render the person violating same personally responsible to the city for the amount scaled, and subject such person to dismissal from the city’s service. (Amendment Dec. 27, 1910; Ord. Bk. 3, p. 20, Sec. 1.) Sec. 1457. Consumers Not Entitled to Specific Quantity or Pressure; Use of Water Through Fire Plugs; Penalty— Water consumers are not guaranteed a specific quantity or pressure of water for any purpose whatever, and water shall not be supplied in any case to any other purpose than that named in the permit; and no officer, agent or employee of the city shall have authority at any time to connect or agree for, or on behalf of the city to furnish or guarantee a specific quan- tity of water, or to furnish or guarantee any particular pres- sure of water; but it is understood in every case that the per- son making connection with the waterworks system does so . with the understanding that the city is simply to furnish a connection with its water system, and is in no case to be held to any lability for failure or refusal to furnish water, or any particular amount or pressure of water, and in all cases where the city has permitted its water system to be connected with fire plugs, or other fire protection devices upon property of citi- zens, no charge shall be made for such fire protection service in the absence of actual use of water or waste of water; provided, that when water is used or wasted through such fire protection service, it shall be paid for at the regular meter rate; and pro- vided, further, that the use of water through such fire protec- tion service at any time for purposes other than fire protec- tion by any person shall be deemed an offense, and upon con- viction thereof in the Corporation Court, the person so using water in violation of this section shall be punished by a fine in OO of the City of Houston 535 any sum not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) for each offense, and in addition to said penalty such connection for fire protection shall be immediately cut off from said premises and the fire protection service discontinued. The use of black wrought iron pipe is prohibited and forbid- den, and the city reserves the right to refuse to furnish water through any such service pipe. The city also reserves the right to refuse to furnish water through pipe not buried to a depth of two (2) feet between the curbs and one (1) foot in that portion of the street between the curb and the property line. (Amendment Jan. 17, 1910; OrdiBiees epo49 Seq cle) Sec. 1458. Written Application to Be Made for Water, . Etc.—Written application for the introduction of water in any premises shall be made in all cases, and shall be made in the handwriting of the applicant, specifying the streets and the number, and such application must state fully and truly all purposes for which the water is desired, and no different or additional use will be allowed, except upon application to and by the consent of the city. Such written application shall fur- ther have incorporated therein the substance of Section 1457. (Dec. 16, 1907; Ord. Bk. 3, p. 451,. Sec. 3.) Sec. 1459. Water, to Be Furnished Owner Building, Etc., Only—Water will not be furnished in any case to any person other than the owner of the building or premises on which the water is furnished, and such owner or owners shall be liable for all water furnished to said premises, whether there be one or many tenants thereon, and the city will not in any case fur- nish water to tenants on their own responsibility, or look to the tenant for payment for water furnished to the particular premises; and unless the owner of the property or premises pays the water rent for all water furnished on the premises in accordance with the ordinances of the City of Houston, such water will be cut off. (Id., Sec. 4.) Sec. 1460. Consumer May Obtain Test of Water Meter; Method—That in case any consumer of water may question the correctness of a water meter of the City of Houston, he can obtain a test of said meter in the manner following: He shall deposit with the Commissioner or other person in charge of the Water Department the sum of Two Dollars ($2.00), together with a written application, signed by the per- 536 Revised Code of Ordinances son questioning the correctness of the meter, in terms as fol- lows: water=meter-at Novato NAO) RRR Rese Yh ah ha oA ile sy Street. And I deposit herewith the sum of Two Dollars ($2.00). If the test of said meter shows it registers more than 100 per cent of the water delivered, the said sum of Two Dollars ($2.00) is to be returned to me; if the test of said meter shows a register of 100 per cent or less of the water delivered, the said sum of Two Dollars. ($2.00) is to be retained by the city as compensation for the expense and trouble of making the test; and I agree to abide by the result of said test, and agree that if the said test shows that my bill is correct, that I will pay same without further question or delay; and that if said test shows that the meter has erred in my favor, that I will pay the bill as increased according to the meter test without ° delay; and that if said test shows that said meter has erred against me, I agree to pay the bill as corrected in my favor without delay. Consumer. (April 5, 1909; Ord. Bk. 2, p. 508, Sec. 1.) Sec. 1461. Test—On the filing of said written petition, signed in person by the party questioning the meter, and the deposit of the said sum of Two Dollars ($2.00) with the Water Commissioner or other person in charge of the Water Depart- ment, the meter objected to shall be removed in the presence of the party objecting to same, or his agent appointed by him, and taken to the Meter Department at the Pumping Station of the Houston Waterworks System, and there be accurately and thoroughly tested by the Standard Water Meter Tester, manu- factured by the H.' Mueller Mfg. Company of New York City. And in said test the correctness of the meter shall be deter- mined by comparing the reading of the meter with the weight of the water, and also by comparing the reading of the meter with the volume of the water, as shown by the contents of the Testing Tank. The party complaining of the meter must be present at said test, and at the removal of the meter, either in person or by his agent, or the test will not be made. And the party questioning the meter has the right to appoint any com- petent expert to be personally present at the testing of the meter and to participate in same. (lId., Sec. 1.) Sec. 1462. After Test—Should the test of the meter com- plained of so made show that said meter registers more than. » ee ee ee eS of the City of Houston 537 | 100 per cent of the water delivered, the bill of the party com- plaining of the meter since his last payment shall be corrected according to the result of the test, and the meter shall be re- placed by a correct meter, accurately tested before it is placed in service. On the contrary, should the test show that the me- ter registers less than 100 per cent of the water delivered, the bill of the party complaining since his last payment shall be increased in accordance with the test, and the party applying for the test shall pay said bill as increased, and in such event the city shall replace said defective meter with a good one, which has been accurately tested before being placed in serv- ice. If the result of the test shows that the meter has regis- tered more than 100 per cent of the water delivered, the Two Dollars ($2.00) deposit shall be returned to the consumer com- plaining. But if the result of the test shows that the meter has registered 100 per cent or less of the water actually deliv- ered, in such event the Two Dollars ($2.00) deposit shall be retained by the City of Houston as compensation for the ex- pense and trouble of making the test. (Id., Sec. 1.) Sec. 1463. Scaling of Water Bill, Etc., Unlawful—Any scaling or reduction of a water bill as shown by a meter is un- lawful and is prohibited, unless such reduction is made in ac- cordance with and as shown by an official test of the meter, as above described. And any officer or employee of the City of Houston scaling or reducing any meter bill, except in accord- ance with such official test, shall be personally responsible for the reduction in the bill, and shall be dismissed from the city’s service therefor. A correction of a meter bill as the result of testing the me- ter, whether the bill be increased or diminished, shall never extend to any period before the last payment of the bill. (1d., Sec. 3.) Sec. 1464. Charges for Water, Where no Meter—The charges for water service by the Water Department of the City of Houston to consumers not having a meter shall be as follows: Houses of one, two'and three rooms, having a closet, sink and rise, or less, 50 cents per month. Houses of four or five rooms, having bath, closet, sink and rise, and one head of stock, or less, 75 cents per month. Houses of six or seven rooms, with bath, closet, sink and rise, and one head of stock, or less, $1.00 per month. 538 | Revised Code of Ordinances Houses of eight or nine rooms, with bath, closet, sink, rise, basin and one head of stock, or less, $1.50 per month. Houses of ten or eleven rooms, having bath, closet, sink, rise, basin and one head of stock, or less, $2.00 per month. Houses of twelve or thirteen rooms, with bath, closet, sink, rise, basin and one head of stock, or less, $2.50 per month. For each additional closet or bath, 50 cents per month extra; and each additional opening, 25 cents per month extra. Small grocery stores, $1.50 per month. | Boarding houses, $2.50 per month; for each additional room above thirteen, 25 cents per month extra. By the term “house” is meant a private residence, or a house occupied by a family as a domicile exclusively. By the term “‘room”’ is meant an apartment of a house which is used for residence, including kitchen and servant’s room, whether they be under the same roof or other apartments, or separate; but shall not be construed to include halls making access to the house or connecting one portion of the building with another, or to include closets or divisions of the building used exclusively for the storing of provisions, table ware, cloth- ing, and the usual plunder found about private residences; nor to include bath rooms. (May 25, 1908; Ord. Bk. 2, p. 549, Sec. 1.) Sec. 1465. Charges for Water Furnished Through Meter —Rates to be charged for water service furnished through meters shall be as follows: For all water passing through meter up to: One million gallons. eee 15 cents per ’1000 gallons One to five million gallons... 14 cents per 1000 gallons Five million to ten million gallons...12 cents per 1000 gallons Ten million to fifteen million gals....11 cents per 1000 gallons Fifteen million to twenty million...10 cents per 1000 gallons Twenty million gallons or more.... 9 cents per 1000 gallons Provided that the rates heretofore in effect shall apply until and up to the first reading of the meter in the month of April, A. D. 1911. (Amendment April 17, 1911; Ord. Bk. 3, p. 26, Sec. 1.) Pe See ee ee Eee ieee of the City of Houston ies Sec. 1466. Tapping Charges—That tapping charges shall hereafter be as follows: Bor = ca-ineb connection. 2 tas a 5 14.00 Hor lame tNChe Conner leat 2. suse. tees 16.00 ROY anche cCONMeCUION ge tae cle 20.00 Homi eines COnViCCLion hiss a eae ee 25.00 Bol Zones counecuion. 24 eu 35.00 For 2)4-inch connection... as... 40.00 HI oom ICO CONNECTIONS sx uta ny es 60.00 Portas INC COMNeCbLON:. <2 80.00 For 6 -inch connection... SRE ae he Mee 100.00 BEI CKePaAVeMient, aikido ct) ooest oso, Cen 5.00 per connection Pep hel lips Ver Gn rota as ra es 4 4.40 per connection iravelyl avementiies el ey aa 2.00 per connection HCl aVeENiGlittaecm sacs ek eae ma feet 2.00 per connection (Id., Sec. 1.) Sec. 1467. Charges for Rental of Meters—That from and after the first day of August, A. D. 1910, the monthly charge for meter rentals by the Water Department of the City of Houston shall be as follows: For each meter having a %-inch up to and including a 3/,-inch connection, fifty cents (50c) per month. | For each meter having a 1l-inch connection, seventy-five cents (75c) per month; provided, that the monthly payments herein specified shall be applied to the cost of purchasing and setting said meters, and that when the sum of monthly pay- ments shall equal the cost to the city of furnishing and setting the meter, they shall not be required to pay other or further monthly rentals; and provided, further, that persons whose connections have been metered prior to the first day of August, A. D. 1910, and who have been paying monthly meter rentals on connections 1 inch or less in diameter, shall be entitled to the benefits of this section, and shall, when the total monthly rentals equal the cost of procuring and placing a meter, not be required to pay other or further monthly rentals. But the me- ter and connections in either case shall remain the property of the City of Houston, as heretofore; and provided further, that the minimum charge per month for water furnished by meter shall be fifty cents (50c). (Amendment July 18, 1910; Ord. Bk, p.-578; Sec.-L) Sec. 1468. Connections Larger Than One Inch Metered, Etc., at Expense Owner—That all connections larger than 1 inch shall be metered at the immediate expense of the owner of the property served, and shall be paid for in advance, both as to cost of meter and cost of setting same, in accordance with 540 Revised Code of Ordinances Rule 17 of an ordinance passed by the City Council on the 29th day of October, A. D. 1906. (lId., Sec. 2.) Sec. 1469. Meters and Meter Box to Remain Property of City; Unlawful to Interfere With; Penalty—All water meters and the meter box enclosing same shall be and remain the prop- erty of the City of Houston, and no person other than a duly authorized agent of said city shall open said box or interfere in any way with the meter therein. Any person violating this section shall be guilty of an offense, and upon conviction there- of in the Corporation Court shall be fined in any sum not less than One Dollar ($1.00) nor more than One Hundred Dollars ($100.00). (May 25, 1908; Ord. Bk. 3, p. 549, Sec. 5.) AR TICGE 3: CONSTRUCTION OF LATERALS BY INDIVIDUALS. Sec. 1470. Persons, Etc., May at Their Own Expense, Connect With Water Mains, Etc.—That any and all persons or property owners who own or control property which is situ- ated within such distance on either side of a main water pipe in the City of Houston, Texas, as in the opinion of the City Council of said city, or such officer as may be designated. for the purpose, makes it practical to connect with such main wa- ter pipe, may at his or their own cost and expense lay and con- struct lateral water pipes in and along the streets and ways of said city to connect with such main water pipe, upon the following conditions: (May 6, 1907; Ord. Bk. 2, p. 389, Sec. 1.) Sec. 1471. Shall Obtain Permit From City Council; Con- ditions—Such person or property owner so constructing a lateral water pipe, such as is mentioned in the preceding sec- tion, shall, before laying or constructing same, obtain a per- mit so to do from the City Council of said city or such officer as may be designated to grant such permit, and shall lay and construct the same at his or their own cost and expense and under the direction and supervision of the City Engineer of the City of Houston, or such other officer or person as may be designated to supervise and direct the laying and construction of same; and such lateral water pipe shall not be less than four (4) inches in diameter, and shall be cast iron of standard weight, and before being laid must be approved by the Water Department of the City of Houston; and must be laid and con- structed in conformity to the regulations of the Water Depart- ment of the City of Houston, and in a manner to the entire satisfaction of said department, and all connections to said of the City of Houston 541 lateral must be made by the Water Department of the City of Houston; and at the time of laying such water pipe the per- son laying same shall furnish to the City of Houston and file in the Water Department thereof a complete and accurate sketch of said water pipe showing accurately the route, dimensions and all details thereof. (ld., Sec. 2.) ar | Sec. 1472. Shall Give Bond; Conditions Thereof—Such persons or property owners so constructing and laying such lateral water pipe, as hereinbefore provided, shall, before con- structing and laying same, enter into a good and sufficient bond in an amount to be determined by the Mayor of the City of Houston; such bond to be conditioned that they will restore the streets, pavements, sidewalks and passageways of the city in or along which such water pipes are laid and constructed to the same or to as good a condition as they were before the be- ginning of any excavation for the purpose of laying and con- structing such lateral water pipe, and said bond shall be fur- ther conditioned that the persons so laying or constructing such lateral water pipe shall hold the city harmless from any and all injuries or damages resulting to third persons on account of the laying and construction of such lateral water pipe, or in any manner growing out of the laying or construction of same, and that they will pay off and discharge any claim, cost, damage or expense which may be established by judgment or otherwise against the City of Houston, on account of the lay- ing or construction of any such.lateral water pipe, or in any manner growing out of or connected with the laying and con- struction of same. (lId., Sec. 3.) Sec. 1473. Connection to Be Made by. Water Depart- ment; Cost Paid by Applicant—Any person or persons con- necting with any such lateral water pipe, as is herein provided for, shall, before making such connection, enter into a bond such as is required by the provisions of the preceding section ; and such connection must, in every case, be made by the Water Department of the City of Houston; the cost of such connection to be paid by the person applying for the connection at the cus- tomary rate charged by the Water Department of the City of Houston for such service, to which department the applicant shall apply for such connection. (Id., Sec. 4.) Sec. 1474. Conditions Under Which Connections Can Be Made by Certain Persons With Any Such Lateral—If at any ime after the laying and construction of any such lateral wa- ter pipe as provided for by any person or persons who own or 542 Revised Code of Ordinances control property which abuts upon the streets, passageways or walk of said city, wherein or along which such lateral water pipe is laid and constructed, or any persons who own or control property within such distance from such lateral water pipe, as in the opinion of the City Council or other officer designated for that purpose, makes it practical to connect with such lateral water pipe, shall desire to connect with same, he or they shall have the right and privilege of connecting with such lateral water pipe upon the payment to the property owner or per- sons who originally laid-and constructed such lateral water pipe and the persons who have, since the laying and construc- tion of same, contributed to the expense thereof, such sum as shall be necessary to make him or them share equally with all such persons who have contributed to the expense and cost of said particular lateral water pipe in the cost and expense of same, interest on previous payments not to be considered in arriving at such cost, or expense, provided that all such con- nections to said lateral water pipe shall be made with galvan- ized iron pipe, from the stop-cock in the curb to the point at ' which the water is used; the stop-cock on the curb, the connec- tion between same and the lateral water pipe, and the inter- vening pipe to be laid and constructed by the Water Depart- ment of the City of Houston at the expense of the person mak- ing the connection, as prescribed in the preceding section. (Id., Sec. 5.) Sec. 1475. Persons Constructing, Etc., the Owners; Leaks, Valves, Etc.—The persons or property owners who have con- structed such lateral water pipes and those who have, as before provided, contributed to the cost and expense of constructing the same, shall be the owners of such lateral water pipes and subject to the provisions of this article and all regulations of the City Council or such officer as may be designated for that purpose, and they shall have the management and control of any such lateral water pipe constructed and laid by them as provided in this article; provided, that if said lateral water pipes are permitted to become leaky, or if said pipes or connec- tions burst, the owners of said lateral water pipe shall at once have the same repaired by the Water Department at the ex- pense of said owners; and the City of Houston shall discon- tinue the supply of water to said lateral water pipe by cutting off the valve at the point where said lateral water pipe goes into the city’s main, until such repair is made; provided, further, there shall be a valve on each lateral water pipe at the point of its connection with the city’s main, which valve shall be fur- of the City of Houston 543 nished and placed at the expense of the owner of said lateral water pipe at the time it is connected with the main, but shall be at all times under the exclusive control of the City of Hous- ton. Said valves shall be put in by the Water Department of the City of Houston, but the expense shall be paid by the own- ers of the lateral pipe; and the connections between the said lateral pipes and the city’s water main shall in every case be made by the Water Department of the city, but at the expense of the owner of the lateral pipe. . (Id., Sec. 6.) } Sec. 1476. City May Purchase Such Laterals—lIf at any time hereafter the City of Houston shall desire to purchase any such lateral water pipe, as is in this article provided for, from the property owners or persons who have constructed or contributed to the cost of constructing the same, it shall have the right and privilege to do so, and shall pay therefor such sums as in the judgment of three disinterested freeholders’ of the City of Houston (same to be appointed by the Mayor) it would cost to construct a water pipe similar to the one so proposed to be purchased, and all persons and property owners in accepting this ordinance and in constructing lateral water pipes thereunder and those making connections with same, as - herein provided, agree and bind themselves to sell any such lateral water pipe, herein provided for, to the City of Houston, according to the provisions of this section. (Id., Sec. 7.) Sec. 1477. Penalty—Any person or persons who lay or construct any lateral water pipe herein provided for, who make any connection with any water main of the city for the purpose of making the lateral connections herein provided, without first having obtained a permit as required by this article, or who violate any of the provisions of this article as to the manner of laying or constructing said water pipes, or making said con- nections, shall, upon conviction thereof, be fined in any sum not less than Twenty-five nor more than One Hundred Dollars. (Id., Sec. 8.) Sec. 1478. Penalty—Any person who makes any connec- tion with any lateral water pipe, herein authorized to be laid and constructed, without first obtaining the permit required by this article, or without having first paid or tendered to the persons who constructed and who contributed to the cost of the construction of such water pipe, the amount which it is provided in this article he shall pay, shall, upon conviction thereof, be fined in any sum not less than Twenty-five nor more than One Hundred Dollars. (Id., Sec. 9.) 544 Revised Code of Ordinances Sec. 1479. Work to Be Done in Accordance With Ordi- nance Providing Rules, Etc.—Any work done or action taken under this article shall be done in accordance with and in sub- ordination to the terms, where not inconsistent with the pro- visions of the articles of this chapter; provided further, that the benefits of this article shall not be extended to persons con- structing lateral water mains through property not dedicated to public use, as a public street of the City of Houston; nor will the City of Houston furnish water from its mains to lateral water mains constructed in property not dedicated to public use as a street of the City of Houston. (Id., Sec. 10.) of the City of Houston 545 CHAPTER XLV. Weights and Measures. Article 1.—Sealer. 2.—Weights and Measures. 3.—Specific Articles, Sales of. 4.—General Provisions Fixing Penalty, Etc. ARTICLE: 1. SEALER. Sec. 1480. Sealer of; Appointment; Qualification; Sal- ary—That there is hereby created the Department of Weights and Measures of the City of Houston. Said department shall be in charge and under the control of an officer to be known as the Sealer of Weights and Measures of the City of Houston, who shall be appointed by the Mayor by and with the consent of a majority of the City Council. He shall be over the age of twenty-one (21) years and the term of his office shall be two years, or until his successor has been appointed and qual- ified, who shall hold his office for like term. Such Sealer, be- fore entering upon the discharge of the duties of his office, shall take the constitutional oath of office, and shall execute and deliver to the City of Houston a bond payable to it with two or more good and sufficient sureties, in the sum of One Thousand Dollars ($1000.00), conditioned, for the faithful per- formance and discharge of all the duties of said office, as pro- vided for hereunder and as may be provided for hereafter by ordinance, and for the payment and accounting to the proper officer of said city for all moneys collected by him in the dis- charge of the duties of his office. That the salary of the Sealer of Weights and Measures shall be such as may be fixed by the Mayor and City Council. (Feb. 2, 1914; Ord. Bk. 4, p. 79, Sec. 1.) Sec. 1481. Deputy Sealers; Appointment, Qualification, Etc.—That there shall be such deputy Sealers of Weights and Measures as the Mayor may appoint, who shall take the oath and give bond in the sum of One Thousand Dollars ($1000.00), conditioned as provided for the Sealer, and receive such com- pensation as the Mayor with the approval of the Council may fix. They shall serve at the will of the Mayor. (Id., Sec. 1.) | 546 Revised Code of Ordinances Sec. 1482. Sealer to Purchase, Etc.; Standard of Weights and Measures; Custodian; Power of Sealer—-That the Sealer of Weights and Measures shall procure through the Purchas- ing Agent-a complete set of accurate weights and measures and shall cause the same to be tried, proved, sealed and certified to by the official custodian of weights and measures of the State of Texas or by the National Bureau of Standards of the United States. Thereafter such weights and measures shall be the standard of weights and measures for the City of Hous- ton and for all venders therein. The Sealer shall be the custo- dian of such standard set of weights and measures, and the same shall at all times conform to the standard of weights and measures established and prescribed by law. The Sealer shall prescribe the amount of tolerance to be allowed on weights and measures. (Id., Sec. 3.) Sec. 1483. Duties of; Supervision and Control of Weights and Measures and Sales Thereby—It shall be the duty of the Sealer of Weights and Measures to devote his entire time to the duties of his office; to visit from time to time as may be necessary all places in said city where weights, scales or meas- ures of any kind or character are used, and to inspect the same, and for that purpose it shall be lawful for him, and he is em- powered, at any reasonable hour, to enter any storehouse or ~ other building where any such weight, scale or measure is used, or where he believes the same is being used; that said Sealer of Weights and Measures shall have supervision and control of all matters relating to weights and measures, and sales there- by, and he is charged with the enforcement of all laws and ordinances relating or pertaining to weights and measures, or sales thereby or therewith and such other and further duties as may be placed on him by the ordinances. (ld., Sec. 4.) Sec. 1484. Duties and Powers of Deputies—Where any duty is placed upon the Sealer of Weights and Measures under any ordinance of the City of Houston, the same may be per- formed by a duly appointed and qualified deputy, and he and they are granted the powers of police officers and are author- ized to make arrests with or without warrants where a regu- lar police officer would be authorized so to do. (Id., Sec. 4.) Sec. 1485. Duty to Inspect, Etc., Weights, Etc., Stamp and Issue Certificate—It shall be the duty of said Sealer of Weights and Measures, as soon after his appointment and qual- ification as possible, and of him and his successors in office, not less than once in each year thereafter, and as much oftener of the City of Houston 547 as may in his judgment be necessary, to inspect and test the accuracy of all weights, measures, scales, scale beams, balances, steelyards, automatic and computing scales and all other in- struments used in weighing or measuring any articles intended to be purchased or sold in said city; and to stamp with a suit- able and permanent seal upon which shall appear the year when such inspection shall be made and the letters “H. S.,” meaning ‘‘Houston Standard,” all such weights and measures so used which he may find do accurately conform to the city standard, and deliver to the owner thereof a certificate of their accuracy. Such weights, measures and scales so sealed shall be described in such certificate with sufficient particularity so that the same may be identified and such certificate shall be signed by the Sealer or Deputy Sealer of Weights and Meas- ures, by whom the inspection was made. (lId., Sec. 5.) Sec. 1486. Register to Be Kept; Contents—lIt shall be the duty of the said Sealer to make a register of all the weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing or measuring, inspected and sealed by him, in which he shall state the names of the owners of the same and their addresses, and whether they are con- formable to the standard of the City of Houston. (lId., Sec. 6.) Sec. 1487. Sealer and Deputies Prohibited from Vending Weights, Etc.—It shall be unlawful for the Sealer of Weights and Measures, or for either of the Deputy Sealers of Weights and Measures, to vend any. weights, measures, scales, scale beams, patent balances, steelyards, automatic or computing scales, or other instruments to be used for the purpose of weighing or measuring, or to offer or expose the same for sale, or be interested, directly or indirectly, in the sale of the same in the city, or to recommend to any person within said city the purchase of any particular kind, or the purchase from any par- ticular person, of any of the aforesaid articles. (ld., Sec. 7.) Sec. 1488. Incorrect, Etc., Weights, Etc., to Be Marked “‘Condemned,”’ and Confiscated—If the Sealer of Weights and Measures shall find that any weights or measures or in- struments for weighing or measuring are incorrect, inaccurate or unreliable beyond the limits of tolerance allowed, each such weight or other instrument for weighing shall be marked “‘Con- demned,”’ and such measure confiscated. (Id., Sec. 8.) Sec. 1489. Upon Resignation, Etc., Standard Beams, Etc., to Be Delivered to Controller—Whenever the Sealer of Weights and Measures shall resign, be removed from office, or 548 Revised Code of Ordinances remove from the city, it shall be his duty to deliver to the City Controller all the standard beams, weights and measures in his possession. (Id., Sec. 9.) ARTICLE 2. WEIGHTS AND MEASURES, Sec. 1490. Standards Adopted; All Commodities Bought, Etc., by Weight, Etc., Must Be in Accordance Therewith— That the standards of weights and measures established and prescribed by the laws of the State of Texas shall be and con- stitute the standard of weights and measures for all venders of all commodities in the City of Houston. All weights and meas- ures used by all venders in the city shall conform to such standard. All commodities bought or sold by weight or meas- ure within the limits of the city shall be weighed or measured in accordance therewith. (Feb. 2, 1914; Ord. Bk. 4, p. 79, Sec. 2.) Sec. 1491. Weights, Etc., to Be Approved and Stamped Before Sales, Etc., Thereby by Peddlers, Etc.—That no per- son, firm or corporation, peddler or hawker, after April 15th, 1914, is allowed to sell or dispose of any article of merchandise where it is necessary to use weights or measures in ascertain- ing the qualities thereof until after the weights and measures have been approved and stamped by the Sealer of Weights and Measures. A failure on the part of said dealer to comply with this regulation is made a penal offense subject to a fine of not less than Ten nor more than One Hundred Dollars for each and every offense. (Id., Sec. 7.) ; Sec. 1492. Must Be Inspected and Sealed—Every person, firm or corporation, using weights, measures, scale beams, pat- ent balances, steelyards or any instrument in weighing or measuring any article intended to be purchased or sold in the city, or in weighing or measuring any thing, commodity, mer- chandise, wares, person or animal for hire or reward, shall cause the same to be inspected and sealed by the Sealer of Weights and Measures in accordance with the provisions of this chapter, and a failure or refusal so to do shall be unlawful and an offense. (Id., Sec. 10.) Sec. 1493. Sales, Etc., in Quantities of Less Weight, Etc., Than Represented, Etc.; Penalty—From and after April 15th, 1914, any person, firm or corporation, or trustee, receiver, agent, officer, employee or servant thereof, who shall sell or of the City of Houston 549 offer for sale or permit or cause to be sold or offered for sale .- any commodity or article of merchandise of any kind whatso- ever, whether sold by dry measurement or liquid measurement, or linear measurement, or superficial measurement, or cubic measurement, or by weight, or by any unit of enumeration used in determining or measuring quantity, by selling or offering for sale or causing or permitting to be sold or offered for sale any commodity or article of merchandise of any kind whatsoever, in quantities of less weight or measure or enumeration than the weight or measure or enumeration represented by the vend- er, or his agent or employee upon such sale or offer of sale, or who shall sell or offer for sale or cause or permit to be sold or offered for sale any commodity in any receptacle containing a less quantity than it is represented at the time of such offer or sale to contain, or any article measured by dry measure that shall not be required by this chapter, or who shall sell or offer for sale or cause or permit to be sold or offered for sale any article of dry measurement, in other than a legal dry measure, or any article of liquid measurement in other than a legal liquid measure, or in any measure which has not been inspected and sealed by the Sealer of Weights and Measures in accordance with and pursuant to the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction shall be fined not less than Five Dollars nor more than Two Hundred Dollars for each offense. (Id., Sec. 11.) Sec. 1494. Sales, Etc., of Commodities Ordinarily Sold, Etc., by Dry Measure by Wet Measure Forbidden—F rom and after April 15th, 1914, it shall be unlawful for any person, firm or corporation, or trustee, receiver, officer, etc., to sell or to offer for sale or to permit or cause to be sold or offered for sale by wet measure, any commodity ordinarily bought and sold by dry measure. (Id., Sec. 13.) Sec. 1495. Unlawful to Sell, Etc., Any Commodity by Other Standards of Weight, Etc., Than Prescribed—lIt shall be unlawful for any person, firm or corporation, or trustee, re- ceiver, officer, agent or employee thereof, to sell, or offer for sale, or buy or offer to buy, or to permit or cause to be sold or offered for sale or to be bought or offered to be bought, any commodity by any standard of weight or measure except the proper standard herein prescribed for weighing or measuring such commodity. (Id., Sec. 13.) Sec. 1496. Sale, Etc., of Commodities Ordinarily Sold, Etc., in Bulk by Weight or Measure Prohibited, Unless Upon 42 550 Revised Code of Ordinances or by Officially Tested Weights, Etc.—From and after April 15th, 1914, it shall be unlawful for any vender or purchaser or his servant, agent or other employee in the City of Houston, to offer to sell, or to sell, or to sell and deliver, any commodity ordinarily and usually sold in bulk or quantity, by weight or measure, unless the same be weighed or measured, as the case may be, upon or by officially tested and approved weights, measures, scales, scale beams, patent balances, steelyards, au- tomatic or computing scales, or other instruments for weigh- ing or measuring. (Id., Sec. 14.) Sec. 1497. Unlawful for Vender of Commodity Ordinarily Sold, Etc., by Weight or Measure to Sell, Etc., Same, Unless He Uses Weights, Etc., Inspected, Approved and Sealed, Etc.—From and after April 15th, 1914, it shall be unlawful for any vender, whether person, firm or corporation, or trustee, re- ceiver, officer, agent, or employee, of any commodity which is ordinarily or usually sold or bought or offered for sale or pur- chased by weight or measure, to sell or offer to sell any such commodity in the City of Houston, unless in the sale or pur- chase thereof he uses only such weights, measures, scales, scale beams, patent balances, steelyards, automatic or computing scales or other instruments for weighing or measuring any such commodity so sold or offered to be sold or bought, as have been approved by the Sealer of Weights and Measures or his regularly appointed deputies, and then only after each such weight, measure, scale, scale beam, patent balance, steelyard, automatic or computing scales or other instruments for weigh- ing or measuring shall have been inspected and officially sealed and approved with the official seal and a certificate of approval therefor issued by the Sealer of Weights and Measures; pro- vided, that such certificate of approval shall not be issued for ’ a period to exceed one year. Changes in name, location or business, number or character of weights and measures shall be endorsed upon said certificate by the Sealer of Weights and Measures or his deputies. (Id., Sec. 15.) Sec. 1498. Wenders Prohibited from Using, Etc., Weights, Etc., Unless Official Seal Affixed, Etc.—From and after April 15th, 1914, it shall be unlawful for any vender, whether per- son, firm or corporation, or trustee, receiver, officer, agent, servant or employee, to use, or to have in his or its possession with intent to use, or to have in his or its possession in a posi- tion to use, any weights, measures, scales, scale beams, patent balances, steelyards, automatic or computing scales or other instruments for weighing or measuring, unless the same have of the City of Houston 5od affixed thereon the official seal of the Sealer of Weights and Measures, and unless the same conform to the standard of weights and measures herein prescribed. (Id., Sec. 19.) Sec. 1499. Venders Prohibited from Selling, Etc., Orig- inal Packages, Etc., Commodities Ordinarily Sold, Etc., by Weight or Measure, Unless True Net Weight, Etc., is Plainly Stamped, Etc., on the Face, Etc., Unless Sold, Etc., at Such True Net Weight, Etc.—That from and after the fifteenth day of April, 1914, it shall be unlawful for any vender in the City of Houston, whether a person, firm or corporation, or his agent, clerk or other employee, or its officer, trustee or receiver, to sell, offer for sale or have in his possession with the intent to sell, or cause or permit to be sold or offered for sale in original packages, boxes, crates, bottles, cartons, cases, bags, sacks or other receptacles, any commodity ordinarily or usually sold or offered for sale in bulk or otherwise, by weight or measure, un- less the true net weight or measure of the commodity so con- tained shall be plainly and legibly stamped or printed on the face of each such package, box, crate, bottle, carton, case, bag, sack or other receptacle, unless the commodity so sold or han- dled or offered for sale is actually sold or offered for sale as of such true net weight or measure. (Id., Sec. 20.) Sec. 1500. Computing Scales—From and after April, 1914, it shall be unlawful for any vender to use any computing scale which shows on either side thereof a chart of prices which are arithmetically incorrect in that they do not show the exact product of the weight and price of the commodity sold. (Id., Sec. 21.) Sec. 1501. Unlawful to Refuse to Exhibit to Sealer for In- spection, Any Weight, Etc.—It shall be unlawful for any per- son to refuse to exhibit any weight, measure, scale, scale beam, patent balance, steelyard, automatic or computing scale or other instrument used for weighing or measuring to said Seal- er of Weights and Measures for the purpose of having it in- spected. (Id., Sec. 16.) Sec. 1502. Unlawful to Obstruct, Etc., the Sealer and Deputies—It shall be unlawful for any person in any way or manner to obstruct, hinder or molest the Sealer of Weights and Measures or his deputies in the performance of their du- ties as hereby imposed: (Id., Sec. 17.) Sec. 1503. Unlawful for Any Person Except Sealer and Deputy, to Change, Etc., Officially Tested and Sealed 552 Revised Code of Ordinances Weights, Etc., or Remove Seal or Tag, or Deface Same— That it shall be unlawful for any person, except said Sealer or deputy, to change, alter, adjust, modify or in any wise tamper with any officially tested and sealed weights, measures, scales, scale beams, patent balances, steelyards, automatic or comput- ing scales or other instruments for weighing or measuring, or to attach or remove the official seal or any condemning tag of the Sealer of Weights and Measures, or any imitation thereof, to or from any weights, measures, scales, scale beams, patent balances, steelyards, automatic or computing scales or other. instruments for weighing or measuring; or to deface such seal or tag or tamper with the same. (Id., Sec. 18.) ARTICLE 8. | SPECIFIC ARTICLES, SALES OF. Sec. 1504. WVenders to Sell, Etc., Coal, Etc., on Basis True Net Weight—From and after April 15th, 1914, it shall be un- lawful for any vender, whether person, firm or corporation or his servant, agent or employee, in the City of Houston, to offer to sell, to sell, or to sell and deliver any coal, coke, hay, straw, grain, or other feedstuffs unless the same be sold upon the basis of the true net weight thereof. (Feb. 2, 1914; Ord. Bk. 4, p. Ts Sechk22.) Risse Sec. 1505. Hundred Weight Coal, Etc.; Ton—That in the. sale of coal, coke, charcoal and briquettes, the hundred weight shall consist of one hundred pounds avoirdupois, and twenty such hundred weight shall constitute a ton. (Id., Art. 23.) Sec. 1506. Coal, Etc., in Sacks; True Net Weight to Be Marked Thereon—From and after April 15th, 1914, it shall be unlawful for any vender to sell, or to offer for sale, or have in his possession exposed for sale, coal or coke or briquettes by the sack in the City of Houston, unless each sack contains fifty (50) pounds, one hundred (100) pounds, one hundred and twenty-five (125) pounds, or one hundred and fifty (150). pounds, net weight of such coal, coke, or briquettes, and unless the true net weight thereof be plainly marked or printed on each of such sacks. (Id., Sec. 24.) Sec. 1507. Venders of Coal, Etc., to Provide Drivers With Delivery Tickets; Contents—From and after April 15th, 1914, any person, firm or corporation engaged in the business of sell- ing coal, charcoal, coke or briquettes in the city, to be delivered in said city to any person, firm or corporation not engaged in \ of the City of Houston 553 the business of selling coal, charcoal, coke or briquettes, shall provide the driver of the wagon or conveyance with a delivery ticket bearing the name of the person, firm or corporation sell- ing such fuel, showing the net weight of the fuel, and the name and address of the purchaser of said fuel, which said delivery ticket shall be delivered by the driver in charge of the wagon or conveyance to the purchaser or his agent or representative at the time of the delivery of the fuel. (Id., Sec. 25.) Sec. 1508. Verification of Weight Shown by Delivery Ticket; Seals That May Be Used; Deposit to Cover Cost Re- weighing, Etc.; Seller to Pay When; Penalty—From and after April 15th, 1914, every person in charge of a wagon or convey- ance used in delivering coal, charcoal, coke or briquettes, to whom the delivery ticket mentioned in the previous section has been given, shall on demand of the Sealer of Weights and Measures of the City of Houston, or any of his deputies, or the purchaser or intending purchaser of the fuel being delivered, produce and deliver said delivery ticket, and whenever said of- ficer or any of his deputies, or the purchaser or intending pur- chaser shall demand that the weight shown by such delivery ticket be verified, it shall thereupon become the duty of the person delivering such fuel to convey the same forthwith to some public scale selected by the Sealer of Weights and Meas- ures of the City of Houston or any of his deputies, or the pur- chaser or intending purchaser of the fuel being delivered in the particular locality where the coal, charcoal, coke or briq- ettes is to be delivered or to any private scale in the particular locality where the owner thereof shall consent to such use, and permit the weighing of the coal, charcoal, coke or briquettes, together with the conveyance and equipment, for the purpose of ascertaining the gross weight thereof, and shall, after the delivery of such fuel, return forthwith the conveyance and equipment used in the delivery of such coal, charcoal, coke or briquettes to the same scale and permit the weighing of said conveyance and equipment for the purpose of verifying the net weight of the coal, charcoal, coke or briquettes, as shown by the delivery ticket; provided, however, that if the driver of the wagon or conveyance requests the privilege of reweighing said coal, charcoal, coke or briquettes and wagon on other and different scale from that selected by the Sealer of Weights and Measures of the City of Houston or any of his deputies, or the purchaser or intending purchaser, said Sealer of Weights and Measures, or his deputy, or the purchaser or intending pur- chaser, shall consent to such reweighing on some other scale in 554 Revised Code of Ordinances the particular locality; provided, that should the reweighing be demanded by the purchaser or the person to whom the coal or fuel is to be delivered, said person shall, before said coal or fuel shall be reweighed, deposit with the official that is called upon to do the weighing the sum of Fifty Cents for each load that is to be reweighed, and in the event that it be ascertained that the delivery ticket correctly shows the net weight, said official shall pay over to the vender of said coal or fuel the rea- sonable expense of rehauling of said fuel, not to exceed the amount so deposited. That where a reweighing of the coal, charcoal, coke or briquettes shows the weight indicated on the delivery ticket to be more than the actual weight of same as shown by the actual reweighing, in that event the seller of the above named com- modity shall pay all expenses connected with said reweighing. In the event of the seller refusing to pay said expenses of re- weighing he shall be subject to a fine of not less than Ten nor more than One Hundred Dollars. (ld., Sec. 26.) Sec. 1509. Venders of Ice to Weigh at Delivery; Steel- yard, Etc., to Be Used; Ice to Be Sold by Avoirdupois Weight, Unless Special Agreement—F rom and after April 15th, 1914, every vender of ice in the City of Houston shall, at the time of actual delivery of any ice sold, weigh the quantity of ice de- livered, and for that purpose shall use a steelyard, balance or other apparatus for weighing such ice, which shall conform to the standard of weights and measures in accordance with the provisions of the ordinances, and all ice delivered to con- sumers within the city shall be sold by avoirdupois weight, un- less it is otherwise especially agreed upon between the buyer and seller. (Id., Sec. 27.) Sec. 1510. Tongs Used in Delivering Ice :to Be Stamped With Weight—From and after April 15th, 1914, each and ev- ery set of tongs used in the delivery of ice within said city shall have prominently and conspicuously stamped thereon the exact and true avoirdupois weight of said tongs. (Id., Sec. 28.) Sec. 1511. Firewood, Standard Cord—That the standard measurement of a cord of firewood is hereby fixed and estab- lished at one hundred and twenty-eight (128) cubie feet. (Id., Sec. 29.) - Sec. 1512. Unlawful to Sell, Etc., Firewood, Except by Cord, Etc.—From and after April 15th, 1914, it shall be un- lawful for any person, firm or corporation, or receiver, trustee, © agent, servant or employee of such, to sell or deliver or cause or of the Crty of Houston 555 permit to be sold or delivered to any purchaser firewood in any quantities or by any measure except by the cord or fractional part thereof, or to sell or deliver or cause or permit to be sold or delivered, a less quantity than the quantity represented to be sold and delivered. (Id., Sec. 30.) Sec. 1513. Unlawful to Sell, Etc., Butter, in Prints, Etc., Other Than in Terms of Pounds, Etc.—From and after April 15th, 1914, it shall be unlawful for any person, firm or corpo- ration, or trustee, receiver, officer, agent, servant or employee thereof, to sell or offer for sale, or to cause or permit to be sold or offered for sale, any butter in prints or packages or other- wise, other than in terms of pounds and ounces avoirdupois, or for a greater weight than the true weight thereof, or with- out the weight thereof being stamped or printed thereon. (Id., Sec. 31.) Sec. 1514. Bread; Sign Stating Weight Each Loaf to Be Posted—F rom and after April 15th, 1914, it shall be unlawful for any person, firm or corporation, or trustee, receiver, offi- cer, agent, servant or employee thereof to sell or to manufac- ture or offer or expose for sale or to cause or permit to be sold or manufactured or offered or exposed for sale in his premises, or to have in possession or keep for sale, any bread, unless he shall have posted in a conspicuous place in the room where said bread is exposed for sale, a sign in sufficiently large letters to be read by customers, stating the weight of each loaf of bread, the trade name of the different kinds offered for sale, and the price per loaf. (Id., Sec. 32.) Sec. 1515. Bread; Weighing of—That it shall be the duty of any\ person designated by the Mayor so to do and he is here- by authorized and empowered to enter any room or place where bread is sold or manufactured or offered or exposed for sale, and to weigh any bread found therein. (Id., Sec. 33.) Sec. 1516. Rolls, Etc., Not to Come Within Provisions— The provisions of the next two preceding sections shall not ap- ply to rolls or fancy bread weighing less than eight ounces, or to bread weighed more than eight hours after ys same is baked. » (Id., Sec. 34.) Sec. 1517. Small Fruits, Etc., in Packages—From and aft- er April 15th, 1914, all small fruits, such as berries, shall, when sold in packages that are multiples of the dry quart of 67.2 cubic inches capacity, have plainly marked or stamped on such package the correct measure thereof, and all such small 556 Revised Code of Ordinances fruits, berries, etc., which are sold in bulk by weight or meas- ure shall not be weighed or measured except by a receptacle or measure which shall have plainly marked or stamped thereon the true amount which the contents of such measure shall weigh or measure when full, as provided by this chapter; and should any person sell or offer for sale or measure for sale any fruits such as berries, etc., contrary to the provisions of this chapter he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than One Dollar nor more than Twenty-five Dollars, and each package or measure falsely stamped or not stamped shall constitute a separate offense.. (Id., Sec. 12.) | Sec. 1518. Certificate, Showing True Net Weight of Cot- ton, Etc.; False Certificates and Marking of Weights Unlaw- ful—F rom and after April 15th, 1914, it shall be the duty of any person, firm or corporation who weighs or causes to be weighed cotton, wool, sugar, hay, grain or other produce to mark or stamp on such cotton, wool, sugar, hay, grain or other produce where feasible, and where not feasible to furnish to the owner of said cotton, wool, sugar, hay, grain, or other produce, or his agent, a certificate showing the true net weight thereof; and it shall be unlawful for any person, firm or cor- poration to make or cause to be made or to issue any ticket or certificate showing the weight of cotton, wool, sugar, hay, grain or other produce which said ticket or certificate does not show the true weight thereof, or to mark or stamp on any such cotton, wool, sugar, hay, grain or other produce any weight which is not the true weight thereof, and each bale of cotton, package or container of cotton, wool or other produce so falsely marked or certified shall constitute a separate offense and upon conviction thereof the person so issuing such certificate or making the said weight or causing the same to be issued or marked, shall be fined in any sum not less than Ten Dollars nor more than Two Hundred Dollars. (Id., Sec. 35.) ARTICLE 4. GENERAL PROVISION FIXING PENALTY. Sec. 1519. Penalty, When Not Otherwise Provided—. From and after April 15th, 1914, any person, firm or corpora- tion, or the servants, employees, managers, officers, receivers or trustees of such violating any of the provisions of this chap- ter, shall be guilty of a misdemeanor and upon conviction there- of, when a separate penalty is not otherwise provided herein of the City of Houston 557 for such violation, shall be fined in any sum not less than Five Dollars nor more than Two Hundred Dollars, and each sep-. arate sale or package sold or offered for sale shall constitute a separate offense and sustain a separate prosecution therefor. (Id., Sec. 36.) 558 Revised Code of Ordinances CHAPTER XLVI. Final. Sec. 1520. That this revised code of the general ordinances of the City of Houston shall be known as “The Revised Code of Ordinances of the City of Houston of 1914.” Sec. 1521. That all civil and penal ordinances of the City of Houston of a general nature in force when this revised code goes into effect, and which are not included herein, or which are not hereby expressly continued in force, or which are al- tered herein, are hereby repealed ; provided, that all ordinances relating to buildings, dilapidated buildings, house moving, fire limits, fireproof roofing, and generally such ordinances as should be contained in a building code; Chapter VI, relating to City Officials, Accounting, Reports, Etc.; and Chapter XXVIII, entitled “Street Paving Refunding Ordinances” of the Revised Code of 1904, are hereby expressly continued in force and excepted from this revised code of ordinances; pro- vided further, that should any ordinance revised or altered herein be held to be illegal by reason of such revision or alter- ation, then the original ordinance attempted to be revised or altered shall continue to be in full force and effect. Sec. 1522. That no right of action for taxes or assess- ments, general, special or local, shall be affected or impaired or repealed, but such right of action shall remain in full force and effect. Sec. 1523. That the repeal of any ordinance or portion thereof by Section 1521 shall not affect or impair any act done or right vested or accrued, or proceeding, suit or prosecution had or commenced in any case before such repeal shall take effect; but every such act done or right vested or accrued, or proceeding, suit or prosecution had or commenced, shall re- main in full force and effect to all intents: and purposes as if such ordinances or part thereof so repealed had remained in force, except where the course of practice or procedure for the enforcement of said right or the conducting of said proceed- ing, Suit, or prosecution shall be changed, the same shall be con- ducted as near as may be in accordance with this revised code. Sec. 1524. That no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time when any ordinances or part thereof shall be repealed of the City of Houston 559 or altered by this revised code of ordinances, shall be dis- charged or affected by said repeal or alteration; but prosecu- tions and suits for such offenses, liabilities, penalties or forfeit- ures shall be instituted and proceeded with in all respects as if such prior ordinances or part thereof had not been repealed or altered, except that where the mode of procedure or mat- ters of practice have been changed by this revised code, the procedure had after this revised code shall go into effect, in such prosecutions or suits, shall be, as far as practicable, in ac- cordance with this revised code. Sec. 1525. That the provisions of this revised code so far as substantially the same as the ordinances in force at the time when this revised code shall go into effect shall be construed as a continuance thereof, and not as new enactments of the same, and in case of any conflict or inconsistency between any such, or any sections of this code, the ordinance of which same is a continuation or revision last passed shall prevail. Sec. 1526. That in all cases where no special penalty is provided for a violation of any provision of any section of this revised code of ordinances, or provision thereof, that any per- son, firm or corporation, or agent, servant, receiver or trustee of such corporation, violating the same, shall, upon conviction, be fined in any sum not less than Five Dollars ($5.00) and not more than Two Hundred Dollars ($200.00). Sec. 1527. That any and all ordinances passed since the Sth day of April, A. D. 1914, shall be in no way affected by the - repealing clauses of this revised code, but any and all such or- dinances shall continue to be in full force and effect, this re- vised code to the contrary notwithstanding. — Sec. 1528. That the explanatory words, headings, or an- notations at the beginning of sections and subdivisions of sec- tions of this revised code shall not be construed to be any part thereof, cr a construction of such section or subdivision of a section, but same are merely for convenience in indexing and finding the various provisions of the ordinances. Sec. 1529. That this revised code of ordinances shall go into effect and be in full force from and after the 6th day of “May, A. D. 1914. Sec. 1530. That it shall not be necessary for the Secretary to copy this ordinance in the ordinance book, but when the book containing the Charter and Revised Code of Ordinances 560 Revised Code of Ordinances is published in book form, he shall file a copy thereof among the archives of the city, which shall be considered a record of said ordinance, and when same is published in book form, the same shall be received by all the courts of the State of Texas as prima facie evidence of the provisions of said Charter, and of the general ordinances of the City of Houston in force on the 8th day of April, A. D. 1914, and those passed since that date appearing in the appendix to said Charter and Ordinances. Sec. 1531. That there exists a public emergency requiring that this ordinance shall be passed finally on the date of its in- troduction, and the Mayor having declared in writing the exist- ence of such emergency and requested such passage, this ordi- nance shall be passed’ finally on the date of its introduction, this the 6th day of May, A. D. 1914, and shall take effect as above provided. Passed this the 6th day of May, A. D. 1914. Approved this the 6th day of May, A. D. 1914. BEN CAMPBELL, Mayor of the City of Houston. . 4 : : - iz a ani, Me. 0 ee ¥ Walks ee! Py er We ioe INDEX To Revised Code of Ordinances of 1914 Letters or figures in parenthesis after section references, indicate sub- sections. A Section ACCOUNTING AND, REPORTS— See Chapter VI, Code of 1904, omitted, but not repealed. ALTICIES 5 85t0* 864 INCLUSIVE .-continued int fOrGe. ..... 0.2. s.oe 12 1 ACROBATIC PERFORMANCE— COCCI aulOts LAL O Rees Mey oe eens, ors) se sok Leiter does ah oak clcthieih ce Zia heen 1341 (p) ACTIONS— ! See Automobiles; Traffic, Street; Openings in Streets. ADDITIONS— See Subdivisions; Engineering Department. ADULTHERATION— See Health; Pure Food and Drugs; Milk and Milk Products. ADVERTISEMENTS— See Poles; Bill Posting; Streets, Sidewalks, etc. ADVERTISING SIGNS— See Signs. ADVISORY BOARD TO SCHOOL TRUSTEES— See Public Schools. AGHNTS— See Garbage; Parks; Public-Morals and Decency. AGREEMHNTS— See Telegraphs; Telephones. AIDING PRISONERS. TO, ESCA PE— See Prisoners. AIR GUNS— SUNOCO AN Ser OIlO Lesa] Me editiyescra ait. < seiec ae cee are hake ck Basie Sas 929 ADTIAS— : See Assumed Names. AMUSEMENTS— See Moving Picture Shows; Moving Picture Machines; Theatres; Board of Censors. ANCHORS— See City Electrician; Permits. ANIMALS— See Buffalo Bayou; Stables; Veterinarians; Pure Food and Drugs; Parks; Public Morals and Decency; Public Peace and Order; Public Safety; Milk and Milk Products; Dogs; Public Pound; various animals by names. Screened receptacles required in stables, when............ 431 Veterinarians to report certain GiSC€ases’ OF 600 dn we ete 494 With, etc., hydrophobia, confined and diagnosis made...... 495 Bxaminationiof£ dairy cattle may. be required... .......0... 512 (b) DD ene h are OTs gic Ost 0.E0k C19, LG GaLTlia cia hatgetimegetan ie Rome ots asl sie: dealer ei a ants 512 (g) Contagious, ete., diseases among dairy cows must be re- SLOT EE ET SVG Saeed) ik Me “au Bure co nti Mic es ee pera tales cr balsam Fh) PER MET Eo. EE li oe linge RCT bilo) Ci) Disescea, shallot De brouent,evG Minto Cily vies ele nee se 540 Flesh of diseased, shall not be exposed for sale, etc........ 540 Feeding on street around Market House prohibited Rn Bienrainee ee 605 SaAlewercr Oruttesn Of Cenrtaine prOMPDITECE. sc -steare ofsvekele sense «scene 620 Riding, ete., in public Wades Wa WLU lene eae ec eeee iene aouerel, «1 5 eee 659 Bringing dog intexpublics parks, eve), prohibited tame ee eee 672 Hitchinesin-publie parks, etc. @umlan ful sate oes dee eee 675 Tying, etc., to shade trees, etc., in public parks, etc., for- Lay CS Ke C=) oh User er tae Se Wee er RM MM RN) Aik tne wt ie Ae Ss a hia 8 a oa Say 684 Overloading, abusing, high-checking, etc., an offense....... 197 Cruelty: to, an offensey... 60.2. a eh ie Ae ae dal ead ce ae Ra a ae eee OM gauss Officers ete; have rightitoineheclia cre wees oe eee nee ee 799 Bringing diseased, knowingly, into City, an offense......... 800 Selling diseased; at-auction, -prohvoitedonw acs ours tee es Rishi 801 Permitting, etc., hogs, etc., to go at large in City, forbidden 855 Chief of Police may destroy hogs, etc., running at large... 856 Stock Limits; certain, running at large, a nuisance........ 858 Public pound to be established to receive certain.......... 860 Method of jredeemins” Impounded ae. akinesia sete eee 861 Not Sold: shall be -karllede a. ci cert a sek cae tay eet ee ee tae 862 Police~ oniy {Sh abl saan OUMM dieses iheeun eet eters SS ahaek SERGE eit peas Sears 864 Driving into stock limits, an offense.......; Pais Mean Mane ee oetrees 864 Net proceeds from sale of impounded, to be paid owner..... 865 Unlawtuk to display.on, street torssaeprcriaceuen) eee eee 868 Unlawful AUTOMOBILES, REGULATION OF— See Traffic, Street; Carriers; Vehicles. Uniawliil toroperate without reLiStratlom ys. oilsn s.tamslsteye) sce 00 Assessorm and Collector, tos keep record. Of, 6. csisies elves ses WineawGieCOLO Pera Loswid UR OU ten UNDE. sarscoe dscehene « clereinisis irs, s.0 Unlawful for person under 18 years to operate.............. Sipnalliehitset OnetORpeL pho Vaid Git. imencr shee 210 2s,cc) tiebe ar beens ene! ees CivieacttOnSenOteaOhlae eds CLG esi gs Ant seta tess) ot op sees el oo) SKE als. mois Esa Clee ae ren eHOC Wa OU) to. eine v, sslerelans) « <5) ea areke ales” arated « BEAL sSia CaSess CSCADELOL ad Guam tshricuetd rte e seer Wlene #5 sop, ashen fel aye = Stand within certain district during certain hours, without IMC CTU Cam UT LCCWVt Lem tepoisae Sf av ebeh s tekekareber ss) ides) qth ou eral sis Shall have gongs, not to be sounded, except............... Himission of steam. ete, prohibited, when. . sehen ee snes 5 michts-on;s abtery SUNSEL, MCUs rac a) iiers «8 8s She se easie sa peat awk slwenratly MPTIMet STO Rens ti 1OArILe Dales Of) LOG .iiafsaie eee s a sie er sl eiiiem pl alae Want of, prima facie evidence of negligence............%.. Failure to observe provisions of Traffic Ordinances, negli- EOE DELASE e 2 Merui ed ded re Calf civis io foe a tet 8 ele e eid! pam ereie soa ote ST Gek TIO | hacia 57 hor sesh eka ities a's, eed sis wafer ht ee © wey aed ere AWNINGS— Conditions under which stationary may be erected, etc.. Wibeiaihat Melavenaan ver ahah Mectlal, S AClteacp eee cl Aeeas PAC IOAaR ROC tayotn Wang NricocioecNa o MUpESser LA Gute Gel TOES wu setae e cheese: Aa ceitye Ne syieredenues etal state. «Tetons Permit must be procured for construction Of.............-. 4 442 784 785 786 788 792 1253 1301 1301 1301 1299 1299 1300 1301 1265 1265 (c) (24) (25) (26) 1V Index. AW NINGS—Continued— Section Construction, etc., other than provided for, an offense...... 1268 Personsswho-conmmit the offenSeryn ss> acetate elec eeomotiot niet ee 399 Shall -beslieh ted eu. ne inca ic teced etal es vostro nee toh mamehickeremetie od werk emer one 542 : Permits necessary to bring fresh meat into City, etc...... 563 BUTTHR— See Milk and Milk Products; Food Products; Health. Unlawtul to sell, ete. in prints, etc., other thans 7.-%.\.2 2. 1513 Cc CABS— See Carriers. CALCIUM CARBIDE— See Explosives, Inflammables, etc. Unilawfiil-to wtoreyetes tinlesstersycers. 2 lmstshonetetetsieas terecie tehemeteee 273 Method mannerrand)placelofe storage: -- 11cm alasueene ciel ensie tans 274 Buildings for storage shallibe fireproof; etc." ss. --14. Guy 91 DUELING Sse O Lori cL Vi Shae UCT gee ninety RPS ER SE Re No my Sy. a 8 8h A ae 92 shallinotsloiter;whenrstand occupied). o0 joc. nk woe, 93 SCAMS, LOPE SUrOetr CAb Sy kent On coy te el 94 MEMICIES -CLOrsStigll Bota OllerwetCumtar. 6 il) hes oc eos hack 95 Wiha tesa li acons titi temlorteriic meses cette tel cy oe 95 ikwosvelielestshallinotpstandsd breast. cess. ils sos en ok 96 Positions, etc., at, and occupation ‘of, stands............ 97, 98, 99 Stand SmOteObee XCluS IVs Suge Maree mie ane misice oa ae tcte 100 WiS2a cesandsOcCceupaLiony: Of Stand sea are. cis crcchace Afn oe 100 CARS— See Street Railways; Carriers. CARTS— See Scavenger. CASHIHR— See Water Department. CATCH BASINS— ' See Sewers, Plumbing, etc. WEDOSILS a etLCmelit, PLO OLE ycscraeesutas s.0 cscs fave oh nee eee eels 1084 CATTLE See Milk and Milk Products; Animals; Public Peace and Order; Public Safety; Health; Parks; Streets, Sidewalks, etc.; Stables. Sloppimnescattle etc asnulsance- se whel.. =. .s0 ease eg eee 420 CATS— Dead shall not be deposited in garbage vessels............ 439 CELLARS— See Board of Health; Nuisances; Food Products; Health O'fficer. CHMEN T— rilawE Lu PetOnTiUROMrstheetsrre ada a ccrekeee ciate fle ce wtsea ee ie 1307 CHMETERIES— See Burials. CHNSORS— See Board of Censors. CHERTIFICATES— See Permits; Licenses; City Secretary; Corporation Court; BHlections; City Engineer; Health; Public Schools; Con- troller; Taxes and Taxation; Assessor and Collector; Weights and Measures; Inspection of Country Produce. CESS POOLS— 2 See Board of Health; Nuisances; Sewers, Plumbing, etc.; Privies, Vaults, Closets, Cesspools, ete. CHAIRMAN BOARD OF APPRAISEMENT— See Taxes and Taxation; Rendition, Assessment, ete. CHAIRMAN EXECUTIVE COMMITTEEH— See Elections, Primary. CHARCOA L-— See Weights and Measures; Coal. CHAUFFEURS— See Fire Department. CHEESE FACTORY— See Food Products. CHEMIST— See City Chemist and Bacteriologist. xX Index. CHICKEN POX— See Contagious Diseases; Communicable Diseases; Food Products. CHICKENS— Unilawiuletoernirivatelan ee nace tiation item neta ei eae a ee CHIEF OF FIRE DEPARTMENT— See Explosives, Inflammables, etc.; Fire Department. CHIEF OF POLICE (SUPERINTENDENT OF POLICB)— See Police Department; Policemen; Carriers; Controller; Corporation Court; Explosives, Inflammables, ete.; Health; Vital Statistics; Pawn Brokers, Second-hand and Junk Dealers; Public Morals and Decency; Public Peace and Order; Public Policy; Public Safety; Public Pound; Street Railways; Streets, Sidewalks, etc.; Occupation Taxes. Controller to charge with fines, etc., assessed by Carpora- Section TION COUT Ae LIEN Ree eee eee ne oe re 129 Fines and costs to be eg 88 Jee Oar RA That RC Ma gE Siete ey tg a 146 Shall make daily reports of commitments returned, ete..... 149 Prisoners released, bys owl GH .c gene locen ee brane ae ee roa Lote) Shall have cotton unlawfully stored removed, etc.......... 303 Shallserve process Of Year yori Oat Gaiden een Boe Shall see that Market Master’s receipts are posted, etc..... 637 Shall see that Ordinances regulating Market House ere en- TOT COD Oe ake Wari ee ee hhg tp ahcae eet sake doles Urea ie Tiree eae ea CL Ee cee 638 Membér of PolicexDepartinrentinrs seca cide ena. cuenemneaet ieas one ote 707 Terms “Superintendent of Police’? and “Chief of Police” SY NON Y MOUS, 2 i gS ise ele Sie’ Sua spiel sie theese aac Ret ety eae i ee ENa a 708 Creation rOf sO flies. 8 wigs cae al sens tenements we soot teeta teks Rane tance oe bale 707 AppoimntMmentrard SDOMGaaiehs iene sete cease Gla nie oe oer tenn ete ee 710 Has. charge,:éte,:of Police Department ..3. 22.5 re eee 709 POWERS JANE -AUEROLLEY 70:4 i ccecseks chee rtie le ahe Aeros orca elie bal git che Tad PALE L OS tar are ono cate yite ato Testa a neibavents Vamee ately So ete Cee hae Ives ty den eee eS (12 Shall instruct officers to report new occupations, etc...... 725 Shall report weekly such new occupations, etc............ 726 Shall watch conductoft-certain Persons 2. cee este ieee Ry Tart Authorized: to accept cash. bail when pete. w.cuses sais i saree 740 Shall make daily reportiof’ Cas spallsSniaussisetetehe chara eenteceanehone 740 Amount ofveash bail, \nothless! ClCH aca neat acl tte eee 741 In cases of cash bail, shall cause complaint to be filed..... 744 Cash bail not to be accepted when Court in session........ 742. Disposilion«ef cash baile ele cmakie Lacan eee ees 745, 746 Whovatlowed- to. accept; cash bp aiiiieemete ntact, eo tedden Wenner een rome T47 City convicts to be worked under supervision of.......... 152 Shall make daily remittances............ RU SE Ree Le ae ea ay 755 Shall=-keen "record “Of COMMITTIVEMN ESS cemacivacisia nce onceetey een che none, aeetle 756 Shall bediable tor all fines” and-COSts macs) euctemedeceis snetepen aie: 756 Duties with reference to fees earned by police officers....770, 772 May-destroy coats and Noes* whem icra... sone peas) cee 855, 856 Shall -establishs public, po UmdseeU Crk. caerscser ee eaueuc mere meen ee 860 Shall’kill@ impounded animals wien me ree clots ous nase eeke een eae 862 Who Shalls-1m pound hy disap thats ea eae ere ascertain nt re sn eee 864 Wounded animals shall be killed, FWilene snk & se ARES Aah et tale NORE 870 Shall -report animals Skilled not siccese tee teh tue ees eet Sy eee 871 Shall take charge of “Policy Game Devices,” ete.......... 878 Shall-take charge of dogs runing at daree so. we wate cle 908 Shall: dispose of ssuehsdossy WOW cmijatieeaneneia cee eae OOO sl LOU Obleen wees CHIEF PLUMBING INSPECTOR— See Sewers, Plumbing, etc.; Gas. Meémber Engineering “Street,4. Curbs “4 Person...) or ersonss and MViehiCleS”? sh awh ey Sel eaters eae eee ool eC RE ae eae eee DELINQUENT TAX ATTORNEY— See Taxes and Taxation. DEPOSITS OF MONEY— Contractors=doinay clectricals-wOr knew mire 6 cus eee eee re Deposits for application to make openings in streets....... Telegraph Companies, etc., shall:-make.:............+. Meet DEPOSITS— See Sewers, Plumbing, etc.; Buffalo Bayou; White Oak Bayou; Streets, Sidewalks, etc.; Garbage. DEPOT MASTER— See Railways. invested: swithtApolece s author eye. use nee eee ees tennant Mayrasslenxstations: to, sveliGles enue cokes autre ese Must take-oath, pive DONG) Ste. ten wimsetbi tise Ran ieee aods anv DEPOTS— See Railways; Depot Master; Carriers. DEPUTIES— See various offices. DEPUTY ASSESSORS AND COLLECTORS— See Taxes and Taxation. DEPUTY SEALERS— See Weights and Measures. DEPUTY CHIEE OF POLICE (DHPUTY SUPERINTENDENT OF POLICH)— - . ‘Member of Police Department............ Set cvs Petree le DAUITT OS AOL re Pais ce wees Wilh o haet Bitaicas Lea rRT nae eee on ce ae aE eee eee a Mayitake cash" pails os vis ale See ee bee pera ae eg Se a Where cash bail taken, complaint to be filed.............. Section 381 (e) 410 . 839 974 (3) 983 (3) 989 (3) 1056 1060 1066 1070 1076 LCE 1179 1286 1298 1100 206 1195 1236 707 714 740 - 744: Index. X1x DILAPIDATED BUILDINGS— QEdiBpanCes sOMICTEd els catea or evek cee Se hae DIPHTHERIA— SiG: 1a) (¢) @) 18, 1@:Fe! 18) 8) 16 See City Chemist and Bacteriologist; Contagious Diseases; Placards; Communicable Diseases; Dairies and Dairymen; Food Products; Physicians. Disinfection of premises after...............2.. DISEASED ANIMALS— See Animals; Food Products. DISINFECTION— Biuitdines1 EtG. LOs Dee wWAEN. teenies lati ste ce sks ai abeile DISORDERLY CONDUCT— inepubliesparks "prohibited veces ome. ciolsc ne Using squawkers, ete., unlawful.............. Making “Goo-goo Eyes.” ete., unlawful....... PirblicewOLrsh i pws etCenperws ace let siee lb eis. cates ae DISORDERLY HOUSES— Kieepites ale Olt CMS Ctra weno aeons el cit set aLine ete cae ons POMSrIN ey ine rola OP CCC ane ia carck ore Gr eee recone cae DISPENSARY— City Druggist shall have charge of City....... DISTRICTS— See Stock Limits. Unlawful for prostitute to occupy, ete, any WV tris Gem alia, ert) seek te coca ace oS eceta atc le orbs are DISTURBING FEMALES— See Disorderly Conduct. DISTURBING PUBLIC WORSH]JP— See Disorderly Conduct. ; DISTURBING PUBLIC SCHOOLS— See Public Schools; Disorderly Conduct. DISTURBANCE OF THE PEACK— See Market House, etc.; Disorderly Conduct. Disorderly conduct in public place, ete........ DITCHES— See Obstructions; Streets, Sidewalks, ete. DOGS— See Animals; Chief of Police: Public Pound: Public Parks; Public Safety. DRAIN LAYERS— See Plumbing; Sewers, Plumbing, etc DRAIN LAYING— See Plumbing; Sewers, Plumbing, etc. DRAINS— See Railways. DRAM SHOPS— See Saloons. DRAYS— See Carriers; Vehicles; Public Safety. DRAY STANDS— See Carriers. DRINK— See Saloons. DRINK AND FOOD— ev eecee reves « or alia)! wT a! 9} 6; fe eas Seve eee we eFene alle ine pubiie places, ete; an Offense se. s.0 06. le ne ss Throwing water, confetti, etc., unlawful....... 2), 2) (6) eels veils seles-@ yee ee eee oes st 66a 6 pie) * 0) «a: Disturbing females in public assembly, etc.... ee © we ep we te oe LIE DUDLIC- ASSOMDLEStaassperstete were, nates Pie, wok ee af ip 6) OF: ¢. efigy ¥) ©) exe 8 ai sy eile! of 0) 0) ee, te er aia 9/6 soley 6 2 04's able 46 wes eo sa eee ee ee ee aee Policemen; See Food Products; Pure Food and Drugs; Milk and Milk Products; Milk and Food Products. DRIVERS— See Carriers; Fire Department; Collisions; Public Safety; Vehicles; Traffic, Street; Streets, Sidewalks, etc. To see that vehicle has*licenSe..0. 1. os) .36.0%. 26... HEM Sterespomdr to, Call wwii ens G cys cis. lees: emote tins oromele Charges allowed to be made by drays, etc...... PETIPS OL LO CATV OL Ga ictaccre han ledeaaye tet aie ceredohe “abere cher PIR VOTELO MCUs 1 IY ata hele Ne conale ny aiois! aceore eC one neale: sie Entitled) tovlesal -ecnarees iin. ws pe sve e eh eee ae Charges) 6tc4, Tor Carriages, EUG. 5. aoe. wee dein 44 Osh 6186, 10) Seen oe stietow (6) le) wien ©) ote. 6 @) olin) 8.9418) 6) Bee Section 1521 Index. DRIVERS—Continued— Passenger must pay legal fare MuSt Carin Dassen? er Swillen. fee sects muaeetetehcen mer ieive ei ame tener eens May accept less than legal fare InvalidsSaueytOscarry,. Wien Sako. eke eee eee eae eee ete nea seer Unilawfulsto-solicit custom in .frontrot depot weuce wae satus Unlawful to call out hack, etc., when Unlawful to leave vehicle, etc., when Shalkhiremain -onuvehicle. when... on. fon eee er ee To drive as near curb as possible, when Duty of incase of colliston etCin + esis G Rls tees Med eaec eee: Unlawful for intoxicated to drive through streets, etc Must: keep ito right. 2a. i ee cto ies AGH eee enhance Wantonly causing collision, an offense Definition of word ‘Driver” 4,6 Te -94-@ lene te: Je ye, oe wi et le, (elie: je) ele! pie 16 as im © <@ lefier(@ wie) oa) (ee) eme-eue. ce tel} 6) ee ue! 6 lel ee Selo (elie je 6 uaa) ee ee 1b id (6.086 ie ie 6 Te opier © te. 0) ‘6: 16, wee o) eo 6: 9° 2 a lene s eee ee ©.c0) 0) ,0,\el gh, ee tap le lees oe 60 uw. ce. et Si ie ee (0 18) a la iat Sal ye; BP pi geile) 6. Me «0 5re his), Ol pe re) Ss cel",6 76 Ne Want of- familiarity, prima-facie neslizencens..uheee wane Failure to observe Traffic Ordinances, negligence per se.. Rules and regulations governing (Rules of the Road)...... Shall not refuse, etc., to stop, etc., as directed by police.... DRIVING ON STREETS, ETC.— See Streets, Sidewalks, etc.; Traffic, Street; Drivers. DRUGGIST See City Druggist. DRUGS— See Pure Food and Drugs. DRUNKEN PERSONS— See Public Parks. DRY MEASURE— See Weights and Measures. DUCKS— Nottoiruncatolateer cass dbin ecco heen eae ene ee eee DWELLINGS— See Health; Sewers, Plumbing, etc. Uniawtul to storeseun pow d eriita, awhiGn cae casey pie eel nme aracee Buildings not to be occupied as, when certain articles stored Taking possession of, without permission of owner, an offense a le 5k 1) 08 bby So we 6) s 6 le fe) 8h) o 6) 0 0,0) Sr evelts sen » el beens fe eels) ew) e) ©) ome Komen’ a! Cbs: Lelie pets ‘Shall be connected with sanitary sewer, when............. Persons from shall not take book, etc., to, etc., libraries... DWELLINGS, LODGING HOUSES AND OTHER BUILDINGS— See Dwellings; Health. DYNAMITE— See Explosives, Inflammables, etc. Unlawful to knowingly bring, etc., within City Cr DYSENTERY— See Physicians; Food Products. EGGS— See Cold Storage. ELECTIONS, GENERAL— Qualifications of welectorsre nie tae cee els Raed ete nare nea aan nee Precincts laid out, etc., by Commissioners Court, adopted... Duties of Mayor, etc., concerning; judges; polls; notice.... Returns of; examination of; certificates of Who: Shall “voted sou rick Sai cere teaace reacts ec oiotemnbewer teak ae tatty Polls opened and closed, when Ballots furnished sbyoCity. oe bce ree ee ene ees acme ake Candidates to be placed on official ballot Date of holding regular oe © ee ome wm wee we ew ee ah Spe) @ 0) 0. en9)/e) ollie), 0), Sue (Oe 10 TO, eine! eye 61S © ie BS: 9, Sich) Sie 8) 8.04) (ee) Be ene wae aw ee ete, ‘eter eo Te) ee 6, ..0dt.. does. Subs 193 EPeriMiteMeece Scolar COME Lim © lie CUI Ci trenetsinc sue cues) eat de cl stele erel « 193 City Electrician, etc., authorized to inspect apparatus, etc.. 194 Authority of City Electrician, etc., in making inspections. . 194 MECSIEO TS SIN SDECCLOMS .c.20 ater ens hs, coshanels see eT Ala: a AD 195 CGrossewikes to pe tive Leetna Da Mim. saeitielekehd ick earn mrstdess as 207 Wires placed under sheds, etc., only by consent........... 208 Milectuc Might Company tolhave tapperse: . 5-2) ae ac oss es 209 Persons, etc., placing wires, etc., shall file written consent THOUS ab yO LALO DET SONS tC UG mista resect aren et ban ehete a eta allehtene aac 210 Mode of conducting wires may be changed................- 211 Application and consent necessary to placing wires, etc., TION eS CECCUS MC UG eet Sere rieeeat reds ap tite eM ake ce Paral een sthetest ee aleartas tes 22 Duty oOf.owners inyGase Or bLroken swiles ClCH seid ecto i «ich ser» 213 Poorky,-etcs, constructed trolley, wires, €tC. 6 cise. cone ca, 07> ore 214 Certain companies to maintain one lineman.............. 215 Apimem Crim LOW ea lala Cappel wie susrsueten ais eke? Shes bed ne Biro Ee 216 Insulation resistance to be standard approved by City UGC RUGKAM ure sek cesta pan oto ee snateiea male aes aay! sce Healer Mastecelige ee Sula pee 217 Unlawful for Master Electrician to engage in business, when 198 iniavetiblentOe thames tery 1LIGENS Ey wee os. o.cherayst el] steals sdelotstaner seayereelens 199 Must-havel one “)ourneyman On job, unless... 2.s4a6cc.e. 200 License necessary to do electrical work, except............ 201 BPLECTRICAL CONSTRUCTION, ETC.— See City Electrician; Electrical Department. ELECTRICAL WIRING— See City Electrician; Electrical Department. ELECTRICIANS— See City Electrician; Electrical Department; Board of Ex- aminers for Electricians. ELECTRIC LIGHTS— See Lights; Electric Light and Power. : BLECTRIC LIGHT AND POWEHR— Regulations for government and operation..........-...-. 983 PLACES LOL ei MOR eee rare SeEtg woe, erty Sosew elt ails! Ue Seeuele clessval sp vasiay se o0 984 ELECTRIC LIGHT COMPANIES— : See Electrical Department; City Electrician; Deposits of Money; Poles; Streets, Sidewalks, etc. OCCUPAULO Tha See OL eed eee tiaiene: clic BAL srtela) Sqens! © eu siauete, Shsks ae. 0) wisi 0. 1341 (z) XXll Index. EMPLOYEES— Section See various Departments; Labor. ELEVATORS— See Steam Boilers and Elevators. END SEATS— See Street Railways. ENGINEERING DEPARTMENT— See City Engineer. CREA MOR LOT Hie aie nike d Sees ah eh Aee pee gee ce cree ere Ae SOO Pale DAE Se ae 219-224 Piwties! Ctr OTFOMTCOr SLT ee re esta Te ace kr cen eu nets ea ces te 225-233 Surveys; SUDCAIVISIONS, 2CUCs fa asc hee eae ee See nares 234-250 ENGINEERS— See Fire Department. Unlawful to block street crossing exceeding five minutes... 1013 EN TICING— See Public Policy; Gaming: BHPIDEMICS— See Communicable Diseases; Contagious Diseases; Infec- tious Diseases. ERYSIPELAS— See Milk and Milk Products. ESTABLISHMENTS, RENDERING AND BOILING— Board of Health has power to make orders affecting...... 389 EVIDENCE— Sufficient to'show ptomaine poisoning? 420%. sels. cee eee cere 526 Failure by carriers, etc., to make proper, etc., inquiry be- fore transporting indigent person, prima facie.......... 893 Payment United: States, ete.t tax primastaciect. ... 11. sne. eee ae 1356 Tax SOLS prima. LAGCLCs oo 2 Werk isle as oteired Manet ets ie et aie ae eee meee 1410 Want of familiarity with “Rules of the Road,’’ prima facie GEIENESL]VSEN CE] ora ioransee caalarsre ee te eh see or ace eh seer a een nner eae a te cae 1299 Failure to observe Traffic Ordinances, negligence per se.... 1300 EXAMINATIONS— See City Chemist and Bacteriologist; Dairies and Dairymen; ’ Inspections. EXCAVATIONS— See Openings in Streets; Streets, Sidewalks, etc. Leavinie- Vince VereanOneDremises...cmatcisis svete aie ois teee ene eueteters 935 EXECUTIVE COMMITTEE— See Elections. EXEMPTIONS FROM TAXATION— See Taxes and Taxation. Property .ex emp tiene ss sie aot ls bose a sh la bier kt ee 1412 Houston lichtsGuarcdsArmorye partlallyn aps a ce center 1413 EX PECTORATION— See Spitting; Natatoriums and Swimming Pools; Food Products; Nuisances. EXPLOSIVES, INFLAMMABLES, HTC.— See Fire Marshal; Chief of Fire Department; Chief of Police. Nitro Cellulose Films— Exchanges must comply with Ordinanceés................. 251 SCOLALE a: a STG ace eee a uae hohe to aoe ne eae eee rate Pare Ue tee em eee 252 Vaultsin-binildine snot! mreproot sass iene ee eee een 253 ValltSiin? reprooLiDullaines Pras csie terete ae eee erates see ee eae eee 253 SALES Se Tsao Mae le cota the tet ee Nope net ar or burs tees Rie Meech c ane adi vam cuee th tee 254 Ventilationvof Vaultsy CtGim vrata cemsee oneal ormaeeiess ere tonin yc ante 255 Mxamining and repairine cca vedeost clei eietetete Go recekene te eee peMens cate toes ee 256 Waste CAI Sye, Wediaiigens ce inion toto etary oe bentonctinnte colt srl hede iets re aeeetet eee ne ere aes 257 Cement aie: syed See ee ert le ate ake le aan Rue eae ee te nS Ok 258 LSE gee held ener ey lke se as ts Cea as lt KSvhejia Taba esnalees wettest 259 FRO a tin gee Rl a AL re at ho ne Meelis hel hares ake eee erates 260 Smokingetunlawful in room CONTAIN IME hese .- ee uentie eee eais aan 261 FUre; PFOLCECEION Re. Sie s cet ee eek Le iC RES ee ey soe Lee netomeeeLeeee et cone 262 Failure to comply with Ordinances a nuisance............. 264 Gasoline, etc.— Unilawé£ul tosstore, et GC mexGep turictsc cnet cree Pee Retin care Soaitae 265 Tanks: ah OW) CONSTLU CTE Gin: un c chetere cusueistetenos hve tokene ts poke tierce earch 266 How \drawi from tanks. Soko ce ncetete stveciens «isc duane eetameam cs! ee 267 How. pumped “nsid es bulla Nei seenedes sie aletey te een eee crane St 268 ELOWe StOPE Gs DUI DSi iivrewesrmst cise owe unsts ist ale ued Wan see So renee cere raats 269 Sand ‘shall bevkept, setcr nase sence penctens eiederauaiee ene ta sae Cuneo ee 270 Uniawtul to; smokean room, C£6.ver eats ee ote eat tote 271 (a) (b) XXlli Index. EXPLOSIVES, INFLAMMABLES, ETC.—Continued— Section Calcium Carbide— Unlawiul-to store calcium carbide, etc, 1.0% oe oss ceeclen ce De Method, manner and -place of storage. 5 “..-.. 2. bios. cy, 274 Pee aI mehr ODT OOL MELO SF lite oie a eae rE ee en’ PAT ss Bulldinessror storage to be.marked. 052... oo oe weet. 276 QOil=— einer eOneeLoreatornge tanks. eof, 2) on ee ere ee ie 278 Biuaee MMoMitenanee, eles (OfAtaNKS\.s schoo honet en ek ee. 280 (Lanne enal Wave.indicators, 6ten...) hs ele ole. oe ek. 281 ETE tem ey DILOths SIND! .6. so ahs wc Sow eats pe Pe et oes 282 Ate MUer re round, «HOW LOCALE wv waasds ae caer ee eek Den Mle 283 A TOR AG Daa Gaol > ec se a PRR Aa Pe RNA Ee eRe ea ies eo ke Ca 284 Sep L Oe mio WEL CHO AC)..4/c0s.5.9 4 os oa foe lee fl hoe eee 285 Oil may be fed to burners from iron accumulator.......... 286 Regulations: governing. the storage, ete... 0s een ee 287 PeEMMiLSElOmOVeErsround tan kccwivenl, = aes. ei eet eee 288 PenmmMitenecessaryto.installe plants for use) Of. i.e eee, 289 Wagons selling must have buckets to catch drippings...... 291 Miscellaneous— Gunpowder, not exceeding twenty-five pounds............. 293 Gunpewider howekept by retailers, ete. 2. Vo s.00. 8 294 Gunpowder shall not be stored in City, unless. .+.......... 295 CUADOW Cem AlOWECOMVEV EU lta ac wea soe tite ee oe ee 296 Nitro-glycerine, shall not be conveyed, etc., through City... 296 Unlawful to bring into City concealed explosives........... 297 Cottonssiallenowiberstoredsiny Cit yacexceptwcnt ance w, eae 299 Warehouses storing cotton, etc., to be guarded............. 300 PiregavoeSmokineiiine prohibited aie. sha ete. ee eo Le 300 Unlawful to erect, etc., buildings, etc., for storage of cotton, Milt hOUTCOnSeMtnotl Clty "COUNCIIa da. tae shales ee aitancn ecceee 301 Chief of Police to remove cotton unlawfully stored........ 303 Unlawful to store boxes, etc., in certain places, etc........ 304 Buildings used for storage of certain articles, not to be PECUPICU MASE CLYVCLETIIE Ses ae wee eetals ai Sheds wa cae Sep Meramec 305 Receptacles for ashes, how constructed.................. 306 Chief of Fire Department, etc., to inspect premises, etc.... 307 Failure to abate nuisances found by Chief, an offense..... 307 CaAnelessive Storie, May, GtGr. ane OFFENSE e soi cise acs elneeca ewe 308 RMN oa dt Sees Mea VAllie Sere LChscikle OTL CMSE cin 5.005 capil anete «vere 309 Hndanserinegeinhanimaple materials. (a... see 6c a6 aareee : 933 EXPOSITION COMMISSION— i See South Texas Fair and Exposition Commission. F FACTORIES— See Buffalo Bayou; Board of Health; Ice Cream; Food Products; Health. FALSE RESIDENCE— Unlawful for arrested persons, etc., to give false, etc., resi- (GWEN CES «25 eae A keer ee yids Buren nosh atee Pat ae es PERS mY BALLETS Te We reeeiou tin aon 805 FARES— See Carriers; Street Railways; Charges; Rates. FAST DRIVING— See Public Safety; Traffic, Street. FREDERAL SQUARE— Certain provisions with reference to Public Parks, applic- ULSI On eat taps Nes PO oo dare pelaaris: Ges ashen cy teat eA ne Ra Sten en AME Sen eueAAT SR 664 FRED STUFFS— See Weights and Measures. FEHS— See City Electrician; City Engineer; Corporation Court; Chief of Police; Policemen; Scavenger; Garbage; Delin- quent Tax Attorney; Assessor and Collector; Weights and Measures. FRHNCES— Bar pede wile a DLONLDTCCC cher, 5 arate + Mats aaiewetan mien ower edsiemeen aspen 936 FICTITIOUS NAMES See Assumed, Names. FICTITIOUS RESIDENCE— See False Residence. FIGHTING— Ingaapubiie: lace CarieOTense sin. cae se dey eae pe als cisle oss 811 XX1V Index. FINAL CHAPTER— Section General Ordinances affecting Revised Code, etc......... 1520-1530 Ordinancestomitteds ete. t..ch Gh oe ee ee Re ee eae ee 1521 FINES— See Corporation Court; Chief of Police. FIRE ALARMS— See Fire Department. FIRHEARMS— Unlawtultto shoots fete, .insPublic. Parks sun eet tate ee 671 Luscharsinis Hin -Cityy an VOrenisen. stark ot Gide ee terre tote 814 FIRE CRACKERS— See Public Parks; Firearms; Cannon Crackers. FIRE DEPARTMENT— See Chief of Fire Department. Creation Of. Cuties Of ,OTICers Mer CE, wii-Pket ic astentiens eae erie 310 Mom OSILLONIO baer ne eee aN, as Pk HORM ne ont» Ce ae Sag), Direction and .control™or executive qie2Gi5 noite eee 312 Creation of offices; appointment and qualifications......., 313 Chiefs etce .attendancervatenress nimi cutlass wi ere were een 314 Ghiehresponsiblestor CONGIMUET soils veo. ecke ee oes nee neas ae ae 815 Chiel, Dis (pOwersauthoriiseanOs ChUblesr aes sie ie eee ee mete 316 ASSistant “Chicks, salvehO Vat yopenienconte ottivelsy ca ok ete ave aes cheno ee tale 316 Officers in control, etc., at fires, when Chief absent......... aul Rulessand, reculations sof. City tCouncils eters sme ee ent 318 Subordinate officers; Gt: GUWELES JOmGe i ceeds senaet a en ae eee 318 First Assistant Chief, performs duties of Chief, when.... Bes Copyvoft Rules: to wpe: curnishedsmembersin-e seuss noe eee 320 Members 2tOwstu dae Riles aa rea aac, cc ie ned ase ea ac eee 320 Secretary OMG. con. ec tices era een eee cee 1521 FIRE MARSHAL— Creation sor Office, ap DOLMEMeN baLeLCum ciate nen esas east eee eee 840 DUtieSROL Bese fh BE AL arin cnte eco ans beey a AL Pe nT SI es onic 341 Index. XXV FIRE MARSHAL—Continued— Section Maye lake evidence. disposition tUereot swt asthe stk ee ak 342 Mayasecune notary jsexpense paid, by City.wes seks cee be 343 Authority to examine buildings where fire, etc............ 344 RASA OLIN S Peet Om fLesrisksactGs hyde eh Pee ee 3845 DU yeas srOn Cer rainy DULL Gite Seer a icewttneeae eibacerers eles Ghoul totes 345 Shall keep assessed valuations of stocks of SOOUS MCLG an.» 346 FIREPROOF ROOFING— DCeCPOLCIMALRCESMNt Gee OTM It COCs bots © repel tcc tichor skies fevered eto & ahs L521 FIRE PRO'TECTION— See Explosives, Inflammables, etc. FIRE WOOD— See Cord Wood; Weights and Measures. FIRES— See Fire Department. FIRST ASSISTANT CITY ENGINEER— Memberehineincerine.Mepartntentiein ctiec cs one oecake ween: 219 Credo Ne Oy. OvuACOn emer peerar eres ea eescteere os ba Oh ce eal ts 220 Qu aaiTEs, CLOMS =O ONC een eee tet rcrM emacs crac a oes, ee cue So ee 220 DULiese OL res trieli Om Seup Ol leva terrisdsls aie @ cote etcnnl Ge dac eden S Zink FIRST ASSISTANT CHIFF OF FIRE DEPARTMENT— MIEGIMDEIE Otay Da hese aintienitets ra. sie & tice ores gictans. ove, Sisal Mth 311 ACUCTICAN Cone alien llc CS yesh te vite Fetal clea dirtiest "lc ariel Suareteeera whe gory 314 PAUP IVNOGNE Vere eRe ene ROT AN ea ren ard hey. Wal as ovatey roles veglvee Fa) bao ae 316 Control satpeiremwilvenie Chieti aS eMtawencra Parcel cya «ie aioe iela oe eters SLT Shale perrOnim: Gu tes sO CbiebewMeDomdisis sf sca saeco ne etecee. 219 FISH— See City Chemist and Bacteriologist; City Market; Pure Food and Drugs; Permits, Miscellaneous; Cold Storage; Market House. Unwholesome shall not be offered for sale in market...... 552 Cold storage shall be plainly labeled or branded............ 554 Permits necessary to bring into City for sale or to sell..... 563 Unlawful to gut, ete., in City Market, during certain hours 607 Refuse from gutting, etc., in, to be removed, etc..... Rd a che 608 FITTINGS— ‘ See Sewers, Plumbing, etc FLAGMEN— See Railways. FLAT WHEELS— See Street Railways. FLUSHING ARRANGEMENTS— See Sewers, Plumbing, etc. FLOORS— SuittimcwoOte, OrmCuuUrchwies mele. = DTOLMIOLUCH sr ae. feteeieeece stan 429 FLUES— See Chimneys and Flues. FLYING JENNY OCCU ALL OMe Ua kee LOT uae tate avo sau se ouea etc Made a as" Lene Aner Oee AGT pL neAT TSG 1341 (j)) FOOD PRODUCTS— See Milk and Milk Products; Milk and Food Products; Ice Cream; Pure Food and Drugs; City Market; Cold Storage; Permits; Inspections. City Chemist and Bacteriologist to enforce Ordinances con- COM TU Cee ey Meas Scat. A rarenan pane ia Ue Tete, anal enol fenepheyisl setae ike Caen oe ke 375 Board of Health has supervision of food supply of city.... ass Health Officer to grant or refuse permits to establish, etc., business involving preparation or sale of food.......... 399 City Chemist and Bacteriologist shall examine foods of (Gali: Vamernee ral eee RTS Ue e it ERIS etic e aletane wee cpiar oitih es sey telehten Shere: oneye ge 407 Buildings, ete., occupied or used for the preparation for sale, etc., of any food, shall be lighted, etc., with regard to health of operatives, ete., and purity, etc., of food pro- PS ME CRPENS HO oR poles CMe ERE EFS CIES ROVERS o CCA a oe BUCO Cicitgh te oeec 542 INlesew aha yee one akeheinay PARaYO Kew” vaca” pup Broan cuolris OM lc, Deuces © clumeerantanay Ht cet 542 Floors, etc., of establishments, etc., where food is manufac- tured, etc., shall not be kept unclean, etc., condition.... 543 When unclean, etc., condition shall be deemed to exist..... 543 Walls, etc., of bakeries, etc., shall be well plastered, etc.... 544 Buildings, etc., occupied, etc., for the preparation, etc., of food, shall have an impermeable floor, etc.........:....+- 544 Food producing, etc., establishments, during fly season, SGPeenedy, LOW tht tice x) OR ya eee wale 0 k's s By ele Bee visas ove eee 545 XXV1 Index. FOOD PRODUCTS—Continued— Section Buildings, etc., occupied or used for preparation, etc., of toody shall bayettotlets rooms tones ee ee 546 Construction and furnishings of such toilet rooms........ 546 Lavatories and wash rooms, how situated and what sup- DELS AWTS ed, eran aia Ne ac) See mee erage oO eae em cae ee poe bs 546 Operatives, etc., shall wash their hands, when and how.... 546 CUSPldors Oebe SUPPER st. tatoo ea ee eee eee ek b47 Operatives shall not expectorate on floor, etc., in buildings, ele, -WaACre: DrOdUuCctiONtoOr sOOC MeL Crit. eae ne eee ae 547 Persons shall not be allowed to live or sleep in work room of bakery, etc., where food is prepared for sale, etc...... 548 Persons affected with certain diseases not to work in build- ings, etc., occupied, etc., for production, etc., of food...... 549 Places producing, etc., food for sale shall be open to in- SDECCION- Grrr eis he rage acai he ee Sere ame ae ee he ee eons 550 FOOT CROSSINGS— 5 See Street Crossings, Railways. Sprinkling;*an sO ENS wane ettetea ec ce cena cee ee 846 FOUNTAINS— Discharge of water from on street, etc., an offense........ 1327 Shall-notsbe: usedalonfversthaniemcise cee tie ene eer 1447 FOWLS— See Animals; Cold Storage; Permits; City Market; Inspec- tions. Certain pronirbited fromearunning: atelar cee. eee cee aoe 867 FRANCHISES— See Board of Harbor Commissioners; Harbor Department. Applications Zeor sLoret erry, Clerk ste sate et ee ee 358 Proceedings with reference to application, etc............. 358 Applications tor, tocuse=walenreron te ner. : sie eta rene eee nee 359 Subsequent sprocedurevthereon. s. e hs else ecules ae SST ge lees R59 FREE PASSES— See Free Transportation. FREE TRANSPORTATION— See Street Railways. : Street Railway-to turnirsh’ firemen, etcejawithen.. 2 cece oe 1188 FRESH AIR— See Sewers, Plumbing, etc. FRUITS— See City Market; Weights and Measures. Brought into City for sale, etc., must be husked, when.... 653 Unilawiudite peddle without-imspection-.c. 25 aa 647 Storing,,.etc., on sidewalks, unlawtul, except. sis oe “. 12:39 Sale or small Veter win= packages Luis mime a elsusin easier Bee oh Ae 1517 FUEL— See Coal; Cord Wood; Weights and Measures. FUNERALS— See Burials; Contagious Diseases; Vital Statistics. FUSH BLOCKS— See Electrical Department. G GAMES— See Public Parks, etc. GAMING— ‘ Unlawful) to® conduct samerof chance im parkwe uw elln s.aatel . ee he cua alee oe eee eee Re Ag At Wie coc ae AHI cr DR eee 887, 889 GARBAGH, ETC.— See Board of Health; Scavenger; Buffalo Bayou. Board of Health has supervision of collection and dis- POSE. OPM a aretha dit crate ercbaads siuareare ey tane) aieei al celia Teac pele Rats ete ee te 395 Index. XXVIll GARBAGE, ETC.—Continued— Section Residents, etc., to provide, etc., and keep, etc., portable els NOC CI LOT OIG INR. oka wymc eee nee ry AGE Nn pet ake Ob 438 Bre Melton Of. VGAaGl A Wy ass we ete Cube ae oN aa 438 ebalinbespromptly delivered, ;wihren sic: juke oes feo ie. 438 Persons shall not interfere with vessels, etc.............. 43 Residents, etc., shall not deposit in vessels, etc., what...... 439 Collector shail retuse foscollect.-when t=). ..2)02. 0222. 43 Manure, etc., shall not be allowed to accumulate........... 440 Rubbish from business premises to be removed, how often. . 441 Garbage, etc., shall not be thrown, etc., in street, etc...... 442 Presence of upon street, etc., shall constitute an offense on DALte Ole Owners etc t.OL ap LODE Lyaedior sci. Leva 1 bets Gibclae 442 Receptacles to be placed on sidewalks, when............... 444 QuUaAMelive lL eniO Med st neerot1GOs lst pee awe Aram ico eae 446 Hauling slops, etc., between certain hours, prohibited...... 448 GARBAGE VESSELS— See Garbage, etc. GARBAGE WAGONS AND CARTS— See Scavenger. GAS— ; Regulations for government, etc., of corporations furnishing 974 UAC OSE LOL ary acek atc ren o Pat te eMeeae as eee yas) hat Gear Coos Mp hon ee Wir 975 INOereneralochare Caf Ormsmleters™ tea alc. eden «che eal. 976 Consent of Company for individuals to put in mains...... 977 Shall stucnishshrehaeradestlhimineatine: "eter. vias cee. oe 978 Meddline swith poverty OfeCOMPpANy oui ueneshye orb tes eee 980 THAIN SS DLoOp eleva Oke COMPA ads aes ai ee LS Sie uae eee 981 IMVEGL Hern Sauwa Lite Sais Ie LORS UA eats cr vhaievadians ht ete t haa coumavte whee eater 982 OceupauomataxcetaOr Gas CoOmPpPamleSe.. aac urd eae oer cet wees 1341 (y) GAS COMPANIES— See Gas. GASOLINH— See Explosives, Inflammables, etc. GEES E— NOL SUOMmPiTTin ge MATEO re O.4.1-5 ots nl Cita n ha wc eit ea eee cee « Rh L 867 GOATS— See Animals. GOODS, WARES, ETC.— See Weights and Measures. Market Master to inspect, being sold by peddlers.......... 650 Storms Merc. On sidewalks, ete; prohibited Joo. anc.s saeco: 1239 Measures, etc., of peddlers selling, must be approved, ete... 1491 IMIGASULES =e UGeTalMLES ty Catt LSD SCLCU WEL a, cee tiene a teteie accent, a enc eee 1492 Sales, etc; in. quantities, of less weight, etc... .........<. 1493 GOO-GOO HYEHS— See Disorderly Conduct. ~ GRAIN— See Weights and Measures. * GRAV HL— Havlineaime certain “wie ONSsa. Dr Oli DEC. par seta la cntterine Bee «le 1a GRIFFIN SURVE'Y— See Engineering Department; City Engineer. GROCERIES— See Board of Health; Milk and Milk Products; Pure Food and Drugs; Food Products; Cold Storage; Milk and Food Products; Permits; Inspections. GROUNDS— Stacnanty water nob permittced to Stamd? On yon sce chee es 424 Owners must have weeds and grass cut on, and on sidewalks 427 Board of Health, .etc.,, may enter and-examines. 223m 2. 2.64. 474 GUNPOWDER— See Explosives, Inflammables, etc. GUTTERS— See Streets, Sidewalks, etc.; Sidewalks, etc. GUY STUBS— : See City BPlectrician. Hi HACKS— See Carriers; Vehicles; Traffic, Street. XXVI11 Index. HACK STANDS— Section See Carriers. HAND BILLS— See Streets, Sidewalks, etc.; Bill Posting; Nuisances. Throwing, -etc., on sidewalks, €tcia nuIsanGes. ay... + vee « 1318 HAND CARTS— See Vehicles; Traffic, Street. Rolling, etc., on sidewalks, an offense, when............... 1244 HARBOR DEPARTMENT— See Board of Harbor Commissioners; Franchises, CrEatIONs HEEC. re eitisuchle ataie. %5 tole Cohe s eae eee OO ree one echelon fe alae 346 APPOIntment-OL- Board eleG usar veiw we beeen ere nee eaebeieuaneieeee 347 Termss On vO fficey GGT so uc teemebane meena Cee POU Wels Boats Tetomre deena te icray Berra,’ 348 SCCTELALY eee i sok cw’ Ree ae Tete obhes Bea MG ae oats eT ees Ae er ied Ne Rea e 349 Meetings of Board, etc.; rules and regulations............ 350 City Hine ineers 6x -OffGLomHMnN SiN Cia. sekieicmc ae nee ee ee etn 351 HMMployvees, NO w--eM PlLOyvieditas ocr pesetelemecnenetemeae ious emcee ie ee eae ee BY ayy Board, etc., has control of Houston Ship Channel, etc...... 353 SPeciiie pOw ers Of BOA CLC yee vcienete eas ousaes ie kare comeneae ewan oir 354 Board, .etG. JpOWeLre ase tO, GOMtrO)etGige oi tas aieeeene te eee: tet 355 Board ete additional powers andyG@utics.. cscs acces ce eee 356 Members of Board, etc., may administer oaths, etc......... Sa Procedure on application for ferry franchises, etc.......... 358 Procedure on applications for use of water front, etc....... 859 Revenves*to >Weleredited,, WOW sok 5 eee ee eee cae Se eens 360 Revenues how. Gra wii LrOmicve scare cyctele lee eeiekeiaciensten.datnel Neceuoncteme ts 360 Revenues, purposes for which may be used............... 360 Revenues, reports of collections, etc., by Board, etc.;:...... 361 HARRIS COUNTY TUBERCULOSIS SOCIETY— Shall make monthly. reports te Elealth Officer.. oe... «se as 408 HAY— Buildings used for storage of, not to be used as dwellings. . 305 Carelesslyestorin ran “Olen Se ver everik we, teis sates oo eae ee eee 308 Must, be soldvon basis*oOf Mrienmet wielelnt ence teens cen ae 1504 Certificates showing. trie-netiw cient, CtG. tick. es cekels eck 1518 Mustastandsait Nay SSUaAlidS aie.t ene cosets, cee cee, een Pepe te W255 HAY STANDS— aa Stan ads TL OFMHA VW AES ONSien es hetale clnteus el lolard ie meree oie oi ee IEP ENS, co 1254 Right Of waye Must DesKept ODEN a. - msec teletens hele ces eleneneriecbeuets seis 1255 HEAL TH— HealthwDepartments =. gets ce ole cass hus tere nas as teks ROR eats eee 368 Boarder 5 EL Caven strc son ee va cuskevenede netea toes puaasic ua outsds Parte tee a OS eet 388 Health OffiGe rs rete hie Meunas> ich coetae dimes ea Gee cohen oie te Lalas EMO a eR etictne 396-406 City, Chemist and *Bactertolocist, GUC. 6 ee eee eae see 407-409 NUISANCES?” S25 c=. oimreaeh ccc con co abepetes ee) che Cue ener ae takcks Samet ec iere 410-430 Stables. ice each ott eta gents hots oceans ok mae eiteweeem etre 431-435 Barber Shops.” 4 2 Peaiiccsccte cratareleccetee a a idae chia deer c one Taasech nde Teer onnaE eae 436-437 Garbage, CUCr Atinstiye oath le scele a lete stosek omais is, ence terstere k: Rene mee deme eae 438-448 Swimming pools and natatoriums...... sa lh eat ane aN s, wa oats hie 449-458 Street? Garse ret. skewkasae shen she seus eee jitet aveliaie eth us route ecath Ie anne eete 459-460 Sewage ee sta 20 CRRA Bilas GAR UO eee ceagole uotcheame rakes wane dae areas 461 Priviés,) vaults, ‘elosets; = cesspoalsh et Crime nc, eens teers 462-478 Physicians,,undértakers and mirdivivics cts icc naemeieeee cies 479-480 Contagious, infectious and pestilential diseases........... 481-518 Ice cream, regulatine manulacture, ct. 2. oe et ake Soto LO il Pure, To0d sand yas ae anes hein te Bh ae SNe eo ORI y RS 528-541 Food products, regulating sanitary conditions, etc........ 542-552 City Market, etc., regulating sanitary conditions, etc...... 553-554 Coldy storage resula tions. SO Vern Sy canis in iene dene nsere enone ome 555-559 Milk and:food products; condemnation, vGbGrr nc ces nek oon 560-562 Permits; Miscellaneous ee ease ei ee erties ae eee eee ee eee 563 Inspections, miscel lan ecOUs ene aces eee RU ee eee ee ree 564-568 CONSTrUCHLON | Vuiis"’ weg eae tee enter ce ieee ee enna eat . .569-570 Wital «statistics. .Ct@s 20h esate Cis eee a ee errr 571-586 HEALTH DEPARTMENT— Création Of sie hug hn. MRO eis Re RELL ae Eee nee ae 368 Duties, of: Member Snir cee ate ee OE ake ee eae rca rene he 368 Composition: Of 40. seas Tees Sep ie Pa ite AN ears BS iol 369 Creation «Of. Off Ges. Of cnceccke ee eat oR oe ete arene en ee eee 370 Appointment of officers’ and#employweessaasmct eee oe ee 3 tL Salaries sof -officers) and employesse ols eat eee ee eee 384 Bonds may be required of certain officers and employees... 385 Mees: or-moneys collected sor receiveds bys erie aon 386 Sanitary health code to control Ordinance creating........ 387 Index. XX1X HEALTH INSPECTORS— Section See Sanitary Inspectors. HEALTH OFFICER— See Health. NEMMICLEO MMEeCa TENDED aint MO tate aye ae eue Stecrieiais seeleNole ones ete ot 369 RECO LOTS AE OC cing aa alee Spe eka Cae he aa, aah taal ate Taree aaah Aime wad he 370 AppoOIMLed spy Mayor, contrmed by Counciliy cs i. cn. ae + ons ra (eal QUAM EAELOT Si Memmnanere race eh Vem Rtn Grae Mal cain au nie, alee, cia ieColeneres 3871-372 Shain eevieeoOn Gee tsetse, Seep els iclciel a Oi acettnees fos Fodor athe erom es aide See EEO SW all des Oi ONS Oils Mee ta vate hae hae eter ole tidal e Gre dene'sne eee cemeaea 373 LIMA MESOILLe Ce One BOardy Of A ELEal thls oh oti. heieleteacrio cls he O TO OOo MavyeprescrinemOuticc Of, Certain ~OTiGersy fic. os oe oe ee et 14-382 Saderyar O late ee ame pte iw a ire Aen aN MN BAT strc hi orien ara) cus) tare 383 Hx-OL1CIOsMmeni oer Of "SOardiO fe ELCAL thy at raag suse. o oe cera aus a akene 388 Shall execute and enforce orders of Board of Health...... 396 Shall supervise work of Health Department............... 396 Shall visit market house, markets, stock yards, slaughter NOUISES Sresiauranits sDAkKeries. —CLO™ ats nyt dtceatasrel.. ecu uae es 396 Shall make special investigations and report to Mayor and Oars O tes Plea tlt aiiscry. ch. take eee neers erat a eroitterebs turin Gente). 3896 COAG OWE TC RONAN ERS 7 Sveicchi nally ABE) vey BORE RA ya cds aN nn cea Aaa aay i 396 Shall supervisenlaporatony And Omnicee worker wi Bose aces 397 Sitaii-obtaliaeCer tain DOI Stree aiken tek ea ae eesacs nee ee cane 398 Shall grant or refuse permits to establish, -ete., dairies, restaurants, bakeries, meat shops, or other business in- VON. PRED ha tlol neler OlwelOO Grate lcrcaetd aco cue cnte ates sitet SHO) Nuisances, duties and powers with reference to............ 400 Shalitrevokespermits-awhenmandahiO wi cleans hielaa cs vale mens 401 Shall keep record of "inspectionsvand analyses... .t)..2. 23 402 Shahi waiSsit. DUDlMGAWAL OS sehOS DEALS Ase CCl stan on peaspereiese tre epale 403 Shall makesmonthly report to Board of Health. 72... .%5... 404 GeMOr aUeC i CIESIS war bite cc sctereier ron wee Sie cn aeeaeretane eles Sate eh are auese 405 Shali@ikeepl vacecinewantistoxin and, SCriWmSi.. «cis os tekes 6 © 6 5 406 Duty to cause weeds, etc., in streets, etc., destroyed........ 428 May give notice to parties to clean closets, etc.......-.... 472 Power to enter into and examine cellars, etc.......2...... 474 Shall give notice to Medical Milk Commission, when...... 505 Permit from necessary to bring, etc., milk, etc., into City.. 507 May require veterinary examination of milk cattle, when... 512.(bD) Publication of findings, duties with reference to........... Bally May give warning concerning certified milk, etc........... 516 May inspect premises manufacturing ice cream............ 524 ShallmessttercertricavesOtminespeChiOmy Cb onc weet sares eke ates 524 Has right, etc., to condemn as unfit for consumption any meat, animal substance, fish, fruit, vegetables or other food product blown, meager, filthy, decomposed, diseased, putrid, decayed, unsound, unwholesome or unfit for con- SLEEP O RM NMR eee Men eR ce cis ee tat ance at ce ceo nem stobeig: ane eae me aicomehe oats 539 Has power to enter buildings, rooms, basements or cellars occupied, etc., for sale, etc., of food, to inspect, ete...... 550 Upon discovery of certain conditions or facts concerning Same, shall-furnish- evidence to City Attorney... 2.02 3%; 550 May, as constructive measure, issue notice to abate condi- ELOISE TOP ie tees RUN Ae S ay BNSC ol coe tey shot cnt von ch seve) ond aeatig pene ee a ieane ants 550 Has power to enter stalls, etc., in City Market, to inspect TICIMNSES Me LOa tee neue cutheg a ote witins tare o tatiemellalt star Ounh gt Seameliosaen ors at sh a 552 Shall furnish City Attorney with evidence concerning same, THEN VME ME SASA CON SEN ear otc yas hee caer cet le ta lets allie Ley eaMe SORA ESL AB SIS fase bio 2 Duty of, upon finding milk, meat or other food, adulterated ORVGSLTENIehta let, DUD ier hn Gall hii ean ina eels te deeenauene ron 560, 561 Permits to be issued by, for bringing into City for sale, etc., LroshmMieeepOUlL mat ShaiCenChea Mie GLC octal twepor se aaltee- crs, ¢ 563 Shall inspect slaughter houses, animals intended for slaugh- LenAGaTrcasees-@r same and meals Sold. (5.25 25. tases tess tre 564 Shall take or know that samples for inspection are repre- OTL LAE yey Ea en et seaman etal ot aire aay heal ALOR EMM a hie acsearle 565 Unlawful to prevent from entering building, etc........... 567 Term, when used with reference to inspections, includes Pies GLOGS VEU Cu ntsenetokt Cee tater alee: coe vote 1a)s ciel eke aiel sie ekedanstanawete el « 568 SLAC SSO OMIA DELILE .hanione) srof aisha cisneiel et ethacnbvascewnsy eae) of ats 572 ShalimisSsSue dente CeLtillGabe, MW EN) w0000 caelcneterelyl sees ele temeeie ods 576 Shallskeep record of.wirths and deathswicti... Re eee. 578 Shall. transmit original birth and death certificate to State Riess Pra Hao Ley lela CACISULC Sie siepehiee a ar ete@ fells ie Ore ele) lshs (6, « 578 May recommend removal of human viscera, when......... 580, 581 XxX Index. HHRALTH OFFICHR, ASSISTANT— Member sHealth Department te cece is ee pele crea cine ee aes CreatvOn Olof Cee aig Ars tata te ek aaa ao ae eens roe eae DUTIES * OL piste. avstege te deret een che cola ek CmeMS Eclat nS Sec Ee Pe nn oe MENT Oe ER ani Salar youOLl on, ceed eke teria herent esi ce AE eae UIC ECE Soto a RNY em entre HEATING— Rooms in film exchanges, where repairs, etc., done, how FYOALO. Sete ils Bite Seas Ry ete vast okt caus Ai eee as hie eRe ae ES Chet HIGHWAYS— See Streets, Sidewalks, etc. HOBBY HORSES— OCCUPATION BEAR PLOT artis ote) eotee acacia silat e Rieke Peete ee ne Re nee eer oe Boe HOGS— See Animals; Chief of Police. HOOK WORM— ; See Physicians; Contagious Diseases; Principals; Teachers, etc. HORSE RACING— See Gaming; Pool Rooms; Sunday Law. HORSES— See Stables; Animals; Parks, etc.; Streets, Sidewalks, etc.; Public Peace and Order; Public Safety; Chief of Police; Public Pound; Traffic, Street. HOSPITALS— See Board of Health; Health Officer; Smallpox; Vital Sta- tistics. HOTHLS— See Garbage; Privies, Vaults, Closets, Cesspools, etc.; Con- tagious Diseases; Milk and Milk Products; Food Products. Unlawful to falsely register as husband and wife, at....... HOUSES— See Contagious Diseases. HOUSE MOVING— See-Ordinancesomitted, vet Gr cr testeriee ethene eneae ete ae Bisa nage HOUSES OF ILL-FAME— See Assignation Houses; Reservation; Prostitution; Public Morals and Decency; Houses of Prostitution. HOUSES OF PROSTITUTION— Unlawful for prostitute to occupy, ete., any house, etc., WIEROUTMCErEaAT Nn SIM FUSS ix ied db ies Gee etc eee ale meee ae naa Unlawful to rent, etc., house, etc., for immoral purposes.. Unlawful for occupants of, to stand upon sidewalks, in PRONE OE CUCr CR se Canta ated SANE the keae nit rchiec oi tie eae aro eee mae ee Unlawful to carry on, ete., without the limits specified in SOCHON 80m mines tee He OA Re EYL bint enna AN ks, sot clase ated neon eae Or Mayor may order occupants of, to move Mayor, etce., may close, etc Unlawful toeloiters etch. lt tes cian eet sak See Le a nen nee tenon kewees HOUSTON LYCEUM AND CARNEGIE LIBRARY— City to “appropriates s4:0.00r ann tail liver n. carastneysirn teen tence ey ante meas Disposition of moneys received Hours ‘t0- be sKkepte Op eniwire ie Lalas tetra ees pe Re ee ens ore Ee No charge to be made for use of books Books jof (accountsto, DemkeD Ui AetG aeicren senene eS ete outa en aes Library Committee, standing committee HUCKSTERS See Market House, etc.; City Market, etc. HYDRANTS— See Fire Hydrants; Streets, Sidewalks, etc.; Water Depart- ment. HYDROPHOBIA— See Animals. S70) © ix Leuigp emia) e BAS 9/0) 6 201 056 C68 bua emoreee ie) OE eu eice @) Oar lei aye, ge: bre bl a) Taree el cet ce) inp ete 18 6) fer aen te, 9m) us) oF 2) 0) D468? 0:40 dp) is As coe) [e) JO) (On ei se, of Ve eye Ori 50) 08 ce ele b tp toni (6 iat ey 2 ree ICHh— See Weights and Measures. Venders of 7to-weleh at delivery take ee ea inee ee eee Steelyards, etc: @tovbesused: in, wereshingeek soon ichise nee eee ces To be Sold by avolirdupoisweirh t Minless mrccieitae cielo tea ae Tongs used in delivering to be stamped with weight be eMret we: Section 369 370 374 383 (j) Index. XxXxi ICE CREAM— ‘See City Chemist and Bacteriologist; Milk and Milk Prod- ucts; Ice Cream, Regulating Manufacture, etc.; Cold Stor- age; Permits; Pure Food and Drugs; Milk and Food Prod- ucts; Evidence. ICE CREAM, REGULATING MANUFACTURE, ETC.— See City Chemist and Bacteriologist. Unlawful to manufacture without license Licenserornvcertificate: toube posted). Weenies eo oe ek Se clok cee ss Unlawful to purchase ice cream from establishment unless EL GGILS CO eemecten terre fast iene ce Wath vicny Ghats at var rarate Re she Mus seh) 9 ve ve cine gi elwibd Be Unlawful to purchase ice cream from establishment unless TECETI SEMIS OS TOC LU. eieu ate uate theta etna ie Metsloals tot aulay nite Dae led ieee Nagas ta Application for inspection before embarking in business... Requirements to be complied with before issuance of license ACCME MIN a Var GF OmCATICCLLOO Re cocata situiintsre sections: eve. Uo acay brah ce coer tere PNSDECLIONS SLO LUeL IMAC eo IMOMEO yz ewortah ecetele tet ccs Peels cok Oeane Unlawful to conduct business without monthly inspection COGTCIMCALOS ee, eutcrcr seers ee SH NCR Nae oN AAC Sore Foame teeta lteter latateltyclete tener sean ELOMALN RDO SONI ape sieware stile op enna Reciie lies sch sctotae gfe oiaidl dans ieee Evidence sufficient to convict of ptomaine poisoning - ICE DEALERS, WHOLESALE— CCOCUPALL OT LARSLOT mn oer re tea eee ete te Selec s Chin a ahasd weary woe INDECENT APPAREL— IWieCarinerOneStreets GLC alt OLLeMmS Orig «clears eels teeta ects) slat eras Wearing dress of opposite sex, an offense INDECENT EXPOSURE— Standing, etc., at door, etc., in indecent position, etc., an offense eu iene, Sols te@ vs wile wie es O.'8, 6 <) ednelaiieias ee ele 's sie) wi 66) a: 6 /0-(6: pee be we 6 6 6 01s) 610 0, 6 e) * lei ise ove 0) 61.8 INDIGENT PERSONS— KNOWANS lye Dninein Se leOmCnl Yeats OlkCNSG.. « d.sie oc usc here, eta « Unlawful for common carrier, etc., to bring into City...... Failure of carriers, etc., to make proper inquiry, an offense Definition of “Indigent Person” INFANTILE PARALYSIS— See Physicians; Contagious Diseases, Principals, Teachers, etc. INFANTS— See Physicians; Midwives; Contagious Diseases. INFECTIOUS, ETC., DISHASHS— See Communicable Diseases; Contagious Diseases; Physi- cians; Swimming Pools and Natatoriums; Milk and Milk Products; Food Products. Physicians shall report to Health Officer within three hours Hotels, boarding houses and lodging house keepers must give immediate notice of to Health Officer.............. Persons afflicted with shall not be removed without permis- SIOMAOTPELCAUL MSO) LLCO Tay enseets- Mer sama er ye cadeiele) sr apse aia eke ye howe ahs Persons infected with or exposed to danger from must obey COMMATLASWHOLLE Cal Far Ori Ce ress ofa ties a lets eles eos be eoay oy aes fella: obo cote INFLAMMABLE SUBSTANCES— See Explosives, Inflammables, etc. INSPECTION AND INSPECTIONS— See Board of Censors; Chimneys and Flues; Electrical De- partment; Engineering Department; Explosives, Inflam- mables, etc.; Chief of Fire Department; Fire Marshal; Board of Harbor Commissioners; Market House, etc.; Market Master; P wn Brokers, Second-hand and Junk Dealers; Gas; Electric Light and Power; Sewers, Plumb- ing, etc.; Steam Boilers and Elevators; Water Depart- ment; Weights and Measures; Health Officer; Sanitary Inspectors; Board of Health; Milk Inspector; City Chem- ist and Bacteriologist; Milk and Milk Products; Milk and Food Products; Food Products; Pure Food and Drugs; Ice Cream, Regulating Manufacture, etc.; City Market, ete. INSPECTORS— ~ See Chimneys and Flues; Chief Piao Inspector; Chief Sanitary Inspector; Sanitary Inspectors; Milk Inspector; Quarantine Inspector. INSURANCE ADJUSTER AND GENERAL AGENTS— CECUDALION LAX LOLS piece < disin ohare ole whe s/ 414 oa vas ae Bie ere oo se ye a G0 )sey 8) o,f 0a) le) Je) 9), 80. #8) 6. 10) 0) tb) @ pier, Ore) Co" 1616) (0) 8) Section 1341 (e-+c) 1341 (t) XXXI11 Index. INTERMENTS— Section See Burials. INTERURBAN CARS— Shall be cléanm ed (daily alse si creteie ss este tenets Beene ie eee eee ee 459 Shall -pbevkept*in) Sanitary cONdLLIONCG piano ieee iene eine one 459 INTRUSION— Entering, etc., theatre, etc., without payment of admission FEE Meter. Pree ark aaaactea)< a elslata) ols « 689 Record of pawnbrokers, etc., shall contain full descrip- LOMA CLC FONG er eMe ese eH ns Med set cVumy asisne Byers ered cmeeneNece ‘sie lel-entat’n Fell “ai «tle 690 Unlawful for pawnbrokers, etc., to purchase from minors. . 692 Written consent, Ofyparent, 6tC.,'4, dELENSE a... sto a lease 2 el «oe 693 DO TMEV a Ota UN Ken Oa OTS ty iets na 6) heal stat vio) whe awe, al cupletela ne! Slelsie (anit, 4 695 Junk dealers must’ provide record book J... GlCi. ace co eee een ee ee i en ee 10738 For violating ‘“‘General Provisions’ of Article concerning Sewers, DlLUMbDINES: 6bC2 Fea Fara it Re eset ae ee er eae ae he 1093 ’ For laying lateral sewers, etc., without complying with Ordinances fe eee Ce See eee 5 Reh eee een eee A203 For failure to provide two engineers for stationary engines, ete, Tun: day an Genie tee a oer ots dee ae ee eee ite Tae als For failure to have boilers tested before using............ cle ibe! For failure to have elevator inspected, ete.................- 1120 For failure to have elevator repaired, etc., aS required by IRSPectOr = VE ols. 3 ab irl Ses sve ie Aaa ene eee ee Laine eae 124 For making change in elevator without notifying Inspector 1123 For constructing, ete., elevator without permit, etc........ 1124 For serving as engineer of boilers, etc., without license.... 1131 For failure of street railway to put down grooved girder TAUSISee vce Roe ae aay TES Shake Be CRS ti che ees Oe Reaeeegr ee 1138 Hor, intertering with motorman: (Ctch ene et tee Cae 1142 For jumping off; tees, “Street f6arSizcye a od cso es ee 1144 For failure of street railway companies to comply with Certain; Ordinances oF. Vek ut cto a) cee eae ale eit enone 1149-50 Hor failure. to-keep bridges, ‘ete., in repairs sec. eso ee ell oe 1153 For monopolizing end: SEatsp (CtC aie es Bia ee eth s eienow bees 1156 For failure to vestibule street cars between certain dates.. 1158 For failure of street railway to provide separate compart- MOENES - AST 2 Sue SR ee a are a ee ds ee gee dod one he eee 1162 For violation by passengers of separate compartment Ordi- NaAnCes eee ee Oa Rr athed PAE ae ee eee fis Sel ee iy) For running cars with siatewhGelsir sae ote ie ie 1168 Kor, failure toswater. tracks: ho: spe set hie oe eee ee 1170 For unauthorized persons to shift screens in street cars.... 1171 For failure of Conductor to report persons shifting screens 1172 For failure, etc; to remave from, seat ctes nis. naa soe ee ES For smoking on street cars in violation of Ordinaneces...... OE la HMor-cutting belts om Streeterailwa ys ose nik ckslotede ou. ta i coe 1179 For violation of Ordinances concerning giving of transfers by sstreet t tail wWayss abs ec ark ea ae ee nae a aes 1185 For failure to keep supplied a sufficient number of books of transfers, Cte: (22% Rb Ate ERA on ee ee eee eee 1185a For violation of Ordinances with reference to cuts and ex- CAVGLIONS:, -CLGl ass Herein ate ete eee oe Ne A A oe en Ra 1211 Wor. digping holes jn Streets howe. dots ee eee Suse Bees 1215 Kor: changing or altering sidewalks, (eles cick eee See 1231 For violating certain provisions of Chapter 41, Art. 2, en- titled “Construction, Repairs eter cee. kk ee eee ee een ee 1222 For telegraph, etc., company failing to keep deposit, etc... 1228 For construction, etc., sidewalk, etc., different from order... 1231 For violation of Ordinances providing for construction, etc., of csidewalks»¢te)sit nee Fe RO ee Dae ae ey ie hehe ys, aoohe ASD Index. xlvil PENALTIES— (Continued )— Section HOPI ne VUlLChe across Street. (tC. eek cit oes ce ee ete at 1238 For unlawfully storing, etc., fruits, etc., on sidewalks..... 1238 For permitting limbs, etc., of trees to be less than eight ECA AIO Wes LONE WELK Shes Sires Mev ack, toa ihe ae ree rang Ak Seite Pee 1241 Bom maintaining TaLrines "On SId@walkso cote coe. ek a Clee eee 1242 For running wheelbarrows, etc., on sidewalks............ ore 44 For impeding passage of persons, etc., on streetS.......... 1245 For endangering passage on Streets, etc.................. 1246 KOmIGIn PS aetcw Or Sidewalks LLG is tac oe. ose. oc tei 1247 For tying animals: to lamp: posts, ete... .5..: By air wipe 1248 For removing material from, etc., streets..... Ns tee ROS ae be SD HOR Ati wile vant mals" GEC. across -dHeness : 2... ob ei ee Ste 1250 HOLPOnuseLuctiie SIGGWaAlKS Wo Fa. Ge oo eee cog) aon SOR ete 1252 For hitching, etc., horses, etc., on certain portions of cer- PAE SCE CE LSet) Hae ee eet pee ara ee gt eee cid' oS For violating Ordinances creating stands for hay wagons. 1255 HOR erectines, celencs wiINnkine SifNS. Cte aes oa ae eek £257 For violating Ordinances regulating advertising signs..... 1264 For violating Ordinances regulating awnings, etc.......... 1268 HOR IMaTLINe 1 OLex «POLES e tatters, AES Se a he ots Ne Deen ate Bs ct 1270 MomevtO13.ti0On-Ol_ Article -entitled +“ POles”. 4. 47s ees eae 1273 For placing, ete., advertising matter on poles............. 1279 Morsviotationsor- Article entitied ““Polese oes. aoe. Sos ee 1284 For violation of Ordinances regulating bill posting........ 1297 For violation of Article entitled “Traffic, Street”’.......... 1305 TAA 1 CULO SCC CLG tua A aciync tartare ohare ie ud ee tan. ce Syaiey bese 1308 Morey. tines’ ef msuilicient width, -ete. 7.47 8s Fe ee. iS bot For hauling gravel, etc., in improper wagon............ me eee tS For violating certain Sections concerning streets, etc...... 1317 For throwing stable manure, etc., on sidewalks, etc........ 1318 Her tasteniMsshanarplliowet tC. tO. POlesnetGo. so. a secvias st ccs 1318 Om MEOW he ied Si, wets GH SIG. GW Ql cic paints = alien esses SsPdc ote £321 Hor Permitune paper: ere. tO-remain-in: Streets... get, wees ane 1321 Hor conducting parades: -wilthoul permit so 26 we cee tie sea eee 1323 For conducting circus parade between certain dates....... 1325 For permitting water from hydrant on sidewalk, etc....... 1328 MO tsaisSchiaTreimouwaterekrom, TOUT Ladi, “CLE. sce) se secs oa wie Slee oo % ‘For violation Ordinances concerning sweeping of sidewalks 1332 For violation of Ordinance regulating use of Stuart Ave- PELE Oe eee ae eee ee ea SN Paxiey at Choi sre, ahayicle’, over oft, e-a = ete 2 1333 Hor removing landmarks: Street signs, .GtC ors <6 c1s2 she ae on load MoOnetat uteet On Payee OCU Da LiOllr TAX is fe a Soh erebseya cnc olor ators 1340a MOreLadlure LOU pOst.oceupation HGenSE< .ca.5 ccs roe aes been 1343 For failure to post conspicuously occupation license....... 1344 For failure to comply -with provisions with reference to Ab: CAI Sl Ch SC eUOAS OL elt MOE ae we ws ul elels ins, aun shals pl sielaccee ete te 1355 For violation of Ordinances regulating Water Decketnoan Roan Yak MOE USL es wWalelye PurOUrhs f1Pe DLUPS POCLG al. ere 'cs 5 3 lorelere ee ea eines 1457 HOLM Ler LOLIN Say LEM a Wy BEC Ty IC LOTS cc iiesal'se 3) acts) urna Se suspeoe dc cue 1469 For laying, etc., lateral water pipes without permit, etc... 1477 For making connection with lateral water pipe without per- 5 SED ia SERRE GE oe y= SAN Besa yan ae ae ae ae Gar eae a Rene earth B % jo wins Shp a 1478 For use of weights and measures before stamped......... 1491 For selling, etc., in quantities of less weight, etc., than te SOM (OC meteor eaten See con tek nary a ee eh hd tsa) Cook ivan en 1493 For refusing to pay expense of re-weighing coal, etc...... 1508 For selling, etc., fruits, etc., contrary to Chapter on weights EinaG ENGELS TEU rated AS AS Se ee eile Ai ain ee gr eee al ee aes See 1517 For violation of Sec. 1518, with reference to certificates, etc. 1518 For violation of provisions of Chapter entitled, “Weights ARG SMLEASIIT CS ee WieLe UG OCH ET Do toc. su wo DIUMDINE, WetCteceiseee de ten cwree cee wee Rete aceon ene te eee Hor turning .On water, me t Caper icyehe irae iia eagle eae ieie peieie For street railways, etc., to construct tracks, etc......... Bor Openings: ete In Streets) pet Mgrs che ete climes) tna Gun eee dens Kor laying. etCrmlatera le sewers melee ty gin sin a citi Lestomenens Hor construction, etc. of Sidewalks etch era oobi ehbeeerae Por erection of AGVeLLISING Sle NS ee LCs rae oitieinyersnenehs Otte. HOP 2 AWOIN GS’ SUCh cise coches Bee oes eacnenet ana ceisler sisted eee y ey tuetrorce MOL POLES; SUC Bes macvetiontcs Tere ctoaste sche tome Picket al sie Pee Mene ea RSA eae Hor-erection Of billpbOardS Vel eres ct seus oie cca temaneneser iene Mee ae WOT DALAGES; KCL Cian. Kyotereo) cctelis ee verte hereto ett lencWeovs TOMES faa p alee etebc erie ten e Mor? turnin 2 O01 sWaAter seein cteante: oienerat eu norcue mete amar atom teenie For construction, etc., of lateral water pipes............... PERSONS— See Fire Department; Sanitary Inspectors; Swimming Pools and Natatoriums; Contagious Diseases; Infectious, etc., Diseases; Communicable Diseases; Libraries; Pla- ecards; Vital Statistics. PETROLEUM— See Explosives, Inflammables, ete. PIPEMEN— See Fire Department. ’ PHONOGRAPHS— OCEUDSUTION “TAX LOM Va. j crcencene vaneearen tle ere bere kor tine eee TE cee agin PHYSICIANS— See Communicable Diseases; Contagious Diseases; Infec- tious, ete., Diseases; Dairies and Dairymen; Penalties; Vital Statistics. Shall register name, etc., with Health Officer............. Shall‘notify Health Officer of ichange of address... i570. Shall report to Board of Health patients with cholera, smallpox, diphtheria, typhus, typhoid, scarlet fever, measles, tuberculosis, varicella, whooping cough, epi- demic dysentery, trachoma, ophthalmia-neonatorum, epi- demic cerebro-spinal meningitis, pellagra, infantile par- alysis, hookworm, rabies, tetanus, pneumonia or other communica ble GISCASES: Mora Vow eisai eae orale Ratoca corte ceneee Shall give notice to Health Officer of infants or mothers whose eyes become inflamed, etc., within two weeks after DINE aie aha gate peep en reer ata per ee haat ate 2 oink Me nepeicuadaiene we ences : Shall notify Board of Health when patient with tubercu- losis—“moves: out’ of House ory apartment. sn. so eles cele noes, Shall report to Health Officer within three hours cases of pestilential, infectious or contagious diseases............ Shall report to Health Officer within six hours deaths from pestilential, infectious or contagious diseases........... Shall report immediately to Health Officer communicable diseases suspected to exist in family of dairyman, milk Gea ler CEOS cdots Oe: ae NLT Ree RE A EEE en Or ee oe Shall report to Health Officer births of children........... Shall fill out form of death certificate of persons attended, including-still Oi xchiswierss wae cress eee tae enone ae ee ieee ree Shall make record as to certain persons dying in hospitals from certain causes or under certain conditions Shall be made by, in charge and signed.................... Penalty for failing or refusing to keep such records, etc... eoe reese ene Section 479 Index. xlix — PIGEONS— Section Lniawrtectonmaintaim nouse, ton, CLGs a. co tote kh arch hee 866 PIG PENS— See Board of Health. PIGS— : See Animals; Chief of Police; Public Pound. PINCKNEY STREET— See Railways. PIPES— See Sewers, Plumbing, etc.; Openings in Streets, etc.; Water Department. PISTOLS, TOY— OCCU ALO NECA Xa O Iie: ty caches seek ame peer se ty castes oo ehao eeehebueet ats 1341 (kK-k) PLACARDS— See Board of Health; Milk and Milk Products; Communica- ble Diseases; Contagious Diseases; Infectious, etc., Dis- eases. Board of Health shall cause to be placed in front of prem- ises where measles, Smallpox, scarlet fever, diphtheria, chickenpox, epidemic cerebro-spinal méningitis, or whoop- AIVORCOU Si ameay seer one) ake rte aibstestrou ts ete folic scopiet sy yee s Neen epee alas eink Ore 482 When placed showing smallpox, scarlet fever, or diph- theria, who shall not enter premises. (52... a acl © sles ce 492 PLAGUE— See Communicable Diseases; Contagious Diseases; Infec- tious, etc., Diseases: Food Products. PLANS— See Sewers, Plumbing, tc. PLA TTING— See Subdivisions. PLUMBING, ETC.— See Sewers, Plumbing, etc. PNEUMONIA— See Health. POLES— See City Electrician; Streets, Sidewalks, ete. POLICE CLERK— See Corporation Court; Clerk Corporation Court: Police Department. POLICE DEPARTMENT— See Policemen; Chief of Police; various Officers of. IPEALIONZOTIOM ICAP SOLO A: myc aien he theme anne, Gat tie gen ar cheats 706-72 General provisiOns ,CONnCErMNIN Societe c eis alae ale dsp credan 725-17 Private watchmen, etc 774-77 Street railways to furnish members of, free transportation 118 POLICEMEN— See Police Department; Chief of Police; Corporation Court; Sanitary Inspectors; Privies, Closets, Vaults, Cesspools, etc.; Vital Statistics; Animals; Public Pound; Public Schools; Railways; Traffic, Street; Taxes and Taxation. Seley Se 4) .0 LS lel let er sie, @ Korse Lele 6 16) suete: ele) (skier sie nel’, ies) ah > Shall keep record of dead bodies of certain persons........ 585 Shall keep record as to certain injured persons............ 585 Such records subject to production, etc., by request, etc... 585 Mem perscOLpeOolicen Depart em triton muewaetiecerovecces testes aiicloneteleeetel one 707 COSI] VSCOM EON KEY Ey yh PTA At BO ara eae rs Ree bir aa Taeh PREIS teri ars rae Der REE Bee 708 Pte SCO Teas ite wa ere ey Le a ce Shae a Uae ately ed leds 706, 718-720 MavOrEAUtLOnIZCGmtOs ap DOINtas Dp eCla lio. sca twtcrspeteis, ci eneee lens T21 TEX ep aE REL CON ie ates ok Guakes RNS IE EO OI CeCMERTE MEAS Caen ore ip ache Tee an aay RE Ge Salaries oraGWatlOonsO Lee. cue h arose eh eniel siento Scie Stal eater teatee ame 724 TROCLeport New OCCUPATIONS st Cue cies sais cites cheese ame a aes Al ote 725 Shall require persons accusing another to accompany him TOSSED LIONS SL Cees ce aneralakecipiiors hecteach cette eiteta Pulchere cota Mote ant telah 728 Sitallanotwleave nis: post, texCeD Us sarocwbe a ctctuteuens, stl akeronee inrty seeker ott 729 Sabha erCOuLr coos a CuC a wepcrs vais, « cberenaebeacyad aunincre ie nevenaenaiel eke hehe 730 Must prevent obstruction of sidewalks, etc................ 731 INOtetOnLLl-US exp Prisoners wetCe cits ak eateles Mianheliterchas ist wimeLinaumih a 732 Baton to be used only in emergencies, etc... .. 25. .06 0. es ws 734 WonNduetON Certain StLCOts. a oniets ey cus tepeeniete.: oueetseaoeee eal Mah een aens WIS WitiRt NOt IRA V CoDOSts CLC. OX COD UH «tio oe Wier ede rain wits 736 Must pay particular attention to public houses, etc........ Naeils MirstanotmeCOme OfL ended atc cticaps chase eke tice cyseevovacecwiaeteley ne bied « 738 PUNO Mea SALLE ercvele or teteie, oa, iiemes Palette tees etsee eh wisps ots. os 73 ] Index. POLICEMEN—Continued— Section Shall notcenter ipublie-house, except teases ste ae ae eel ition 748 May arrest suspicious persons at night, when............. 749 Shall carry certain cases before Corporation Court........ 762 Shall bring certain cases before Corporation Court........ 763 Shall file complaints against persons arrested............. 764 Shall not appropriate, etc., to his own use, certain fees, etc. 766 Shall pay certain fees to Clerk of Corporation Court....... 767 Shall make monthly statement of certain fees, etc......... 768 Shall pervdismissed for tailure torcomiplys withysnee. see oe erin Duty of, with reference to searches, etc., for arms, etc...... Mie Authorized to Uncheckeanimals wineney cqutres kis eee Rae 799 Unlawful to knowingly receive, from prisoner, false name, LG, Seo Levtois Sespeicdties acai ace ol slr tea cba aeate iginteaiie ye raans |tcutcek motte ote Salle Peakaera curacy oe 807 Unlawful to knowingly file charge under false name, etc... 808 Duty. to -takesp GOSS. apee teen So. POD ete eae Beh eosin cata 908 Disposition of does taken ip. co.ecG mike ne eee 910. When-shall;, delivery Cox Owaler censor caste maceriia haste et tear neta ete oi To kill dogs affected with certain diseases, etc............ 914 Duty po kill“doss with, manee. wile. wt cee cheer hates eae 918 Street railway to furnish free transportation........3.... 1188 Dihy LO amMinarize Wit hetratrics OmG tt aiaGes ie eee aay eran eee 1302 (61) POLICH OFFICHRS— See Policemen; Public Schools; Private Watchmen; Rail- ways. POLICY GAME— Keepin et etG.; Ita WEL oot canes ee dein Clad nin sete sire ae eee eaee ee 877 Chietrof Police:to take charge Of device eter see eee 878 Unie ww Sto. purchaser tiekets; Met este ya oes a eee eae ee ate 879 Unilawtiwl-totrent building »® ete. 2foriuas scree eta eee 880 POLLS— See Elections. POOL ROOMS— Meaning oP itern’ srt Gal ae Gite oittaven cn ene teh eke Blea ee ee eta ene 883 Unig wil torseen: “ete ry oie aac eee wate Bi tune, conae Sate ee 883 Uniawinlstocloiter, ceterainn st bee ee, SR Oe eae 884 Unlawtulto assist, ete;ein Keepin es, “eterna nei eee 885 Uniawful to, furnish, etc..messages, etel eto. if. hse wes 886 Permitting telegraph, etc., to remain in, etc., an offense.... 887 Uniawtul to murnish .etc;imessares .etce ht Onna ssa epee eee 888 Permitting telegraph, etc., to remain in, etc., an offense.... 889 Unlawful to bet on horse races, except... eke eer EE eer erete oes 890 POOL TABLES— | Occupation tax "fOn.e.s 2615 2.15 eee bichebataes ek Ie ene een, Seen ene 1341 POSSESSION OF BURGLARIOUS INSTRUMENTS— TW rile Byrn, sine Rreiel eyes Soh, Bae As BEETS OEE 1a SRT eae a 938 POTTER’S FIELD— ; Burial intprohibitedy: = i251, eh nie oe oer eatad iene een ne 422 POULTRY— See Animals; Cold Storage; City Market; Permits; Inspec- tions. POUND— : See Public Pound. POW DER— See Explosives, Inflammables, ete. PRECINCTS— See Elections. PREFERENTIAL BALLOT— See Elections, Primary. PREMISES— See Placards; Milk and Milk Products; Ice Cream, Manu- facture, etc.;; Food Products; Contagious Diseases; Com- municable Diseases; Infectious, etc., Diseases; Inspec- tions; Fire Marshal; Loitering; Intrusions. PRIMA FACIE EVIDENCE— See Evidence. PRIMARY EBLECTIONS— See Elections, Primary. PRINCIPALS, THACHERS, ETC.— ; See Public Schools; Communicable Diseases; Contagious Diseases; Infectious, etc., Diseases; Supervisor of Hygiene; Vaccination. (h) Index. PRINCIPALS, TEACHERS, ETC.—Continued— Section Shall not permit child sick from cholera, smallpox, diph- theria, typhus, typhoid, scarlet fever, measles, tubercu- losis, varicella, whooping cough, epidemic dysentery, tra- choma, ophthalmia-neonatorum, epidemic cerebro- -spinal meningitis, pellagra, infantile paralysis, hookworm, rabies, tetanus, pneumonia, or other communicable dis- GUS Cer LORAEUCTIC 6S CLLO OL Aievere aco uitene re ana eEe nke s WenTRY ym he bie tere 488 Shall not permit a child residing in a house where exists whooping cough, chickenpox, infantile paralysis, scarlet fever, diphtheria, smallpox, measles, or epidemic cerebro- SINAC OINeltist OC) attend SCHOOL ie sasocce ches See Ue 488 PRISONERS— See Corporation Court; Chief of Police; Police Department. CU at ava OF Ei COIL VICLEE oa nia, hee Sete nldl ob Dey een ences wh glans 750 Shall not be employed in conflict with pee LA DON eae Goes (51 Shall be worked under supervision of Chief of Police...... [sy MORreGelvercreditatoOrm Works Cts aati else. le eee 753 ReELuUSsine> TOPWwiOrk, StC., “howe DPUNISMEda saw eee iec 5 eee cee nee 764 Os DeRSeCArChed: PetCuw. ttinse crite le Sal avcReRr primero Ropes MRS Rt As (Gast ATGIN a +10 CBCaA DE, ATi, OF CNSE any al, oie se ke oe es 831 inlaid: DO LCOR Verse: Wath) WHE Mee. Ca ee eee ce ae 850 PRIVATE POLICE— See Private Watchmen; Railways. PRIVATE SEWERS— Citvoenall Naverripnt to connect: Wilt oo iy.) scl wes as does 1083 Mayinge OL lateral bys property OWNeLrs. ac. ccm Ga «a she acces 1094-1103 PRIVATE WATCHMEN— APDOMtMCREE PO WelS ANG! GU LIES ys st a o's tersta tas a cle ele: atrebivw bua icelys 774 Wiritvenea DpDlGatiOonalOorrappOlIntimeNnt ss ne ald sbe ec cerie otetcba el. Has INGESTOME CCCI VGH Sala EV Grr eres act tone are elegy Sole da ae UAE een Na ACE 776 EU QUI Oct Ng oencnes Raut i en SOREN ci cae eek rah tion eanahh aic.od honour oni we reeds al PRIVATE VEHICLES— See Streets, Sidewalks, etc.; Vehicles; Traffic, Street. PRIVATES— See Fire Department. PRIVIES, VAULTS, CLOSETS, CESSPOOLS, ETC.— See Board of Health; Nuisances; Scavenger; Sewers, Plumbing, etc. Board of Health may make orders for cleaning, etc........ 472 Maintenance of, except as provided by Ordinance, a nuisance 413 Property owners to remove surface, when................ 460 Buildings not connected with sewers, used as residences, EtCoreshall bee DRO VAM wil Cllrs vies eons hareed ence Riel ahtenet etal a> aceon eee 462 Shaliiliave. watertight: boxes, ete oy eae es en PO Se 462 Shall not be constructed within twenty feet of street, etc.. 463 Shall not be constructed within three feet of party line.... 463 Shall not be constructed within twenty-five feet of window, GEOMVOLTEL CS LOLCITC GE si tactas omer atatsie Wells ee ek Spanien eWel a scpia labetl hist ite eee: ha racemase otk 463 Apartment, etc., houses shall have one for each family. 464 Lodging houses, hotels, boarding houses, and buildings, where persons work or are employed, shall have one Seat, SUG erOTmedC Dalene DCHSOM Sis, « e-rettns ucts Or -el «Ueitenabee ri tienvewiss aie) asradehe 464 Boxes OrerecepLacles, holding. GCADACLEY cc clades elle dhatelsmee & 464 Old vaults, cesspools, or septic tanks shall not be connected VTA IAMES CUNGCT of Roh Seen hsrropsberactre or roae malbiaeius avi ah easter es ace habe A earls ces cceath ec te hae 466 Disposition of vaults on premises having City water....... 466 City Scavenger, etc., only to engage in cleaning............ 467 HESS Of OLE Vs CAV CIVROTIG ce waes lal ail oyfonles Gaunt NS, etmiell ist insane ed evapo s 469 Pen aleyeLORr MeLay aan Peyd 1S PCOS A tise atone subyehe leks lotta) lot Se staae lations: oeble °470 PenaltvetOheial tar Ox FO Za ws een hyd, «tots bres es tiehat es wowed ce, acta eid bee 471 City Scavenger shall notify parties to clean, etc........... 472 Penakey. fOr ballLurey sete cOnCLed Naraonkatts, sila emveneh harantn te ape e 472 Notice to clean may be given by Health Officer, etc........ 472 Board of Health, etc., may enter and examine............ ; 474 City Scavenger shall have the same power with reference EOsa Set Cal thy Ol COL Ob Cr sea..doeuee shel pe ce td dean ieee aha Dimes eee 476 City Scavenger shall remove, etc., contents of, between a iale gn a OLOLUN AS ercah, SR te Ok aan} Eee eee PR ahs ira eee ch Babe Rakes oer fey 477 PRODUCE— See Market House, etc.; Market Master; Weights and Measures. PROPERT Y— See Taxes and Taxation; Public Peace and Order. 46 lii Index. PROPERTY, RIGHT TO DESTROY— Section See Health Officer; Chief of Police; Chief of Fire Depart- ment; Fire Department. PROPERTY LINE— See City Engineer; Privies, Vaults, Closets, Cesspools, ete. PROPERTY OWNER— See Privies, Vaults, Closets, Cesspools, etc.; Nuisances; Taxes and Taxation. PROSTITU TES— See Public Morals and Decency; Prostitution. Ply iis. VOCATIONS Ofte PTV a vyctiUlll emesis nee reer hee a eee pee tenor te ae 7749 Unlawful for, to occupy, etc., any house, etc., without cer- ET PATTIES Wea lis Saas ee ee aR RO eis Ea Se ee Tanke Se UPS ee re oN ee ie airs 780 Uniawtul torent etceuhouses Cte toy, is ioamite eee eee rere re 781 Not-to Sstand:on sidewalks, etc; when... .. 2.25 cceetne 782 Uniawful-toWfrequent coffes Nouses, Nete.t. 5... caauispe isl emeti ees 783-789 Unlawful for proprietor to permit to frequent, etc........ 790 ACCOMPANY INS VEtey, “An FOMmenSe soi s.0) he ister chs ese aoe ese ot sen one he f)s’ Unlawtvl ton wandervapoute-etGs. sis sore wie Slo eiaralteee eis T7T8 PROSTITUTION— See Public Morals and Decency; Prostitutes. Uniawtul stoncarcy On sWOUsenOt mete cyte sucuree wisn ranneee 784 Mayor may order occupants of house of, to move.......... 785 Mayor and) Council imay ‘closevhouSe Ob a ianieseicpesche ste teteeeiene 786 Unlawtulstostoiter Sete se inshnouSesoteyr. cis che tueeteee eae ae 788 PUBLIC CARRIERS— See Carriers; Street Railways. PUBLIC CONVEYANCES— See Carriers; Street Railways; Interurban Railways: Nuis- ances; Traffic, Street, PUBLIC DANCES— See Amusements; Permits. PUBLIC FUNERALS— See Burials; Contagious Diseases. PUBLIC HEALTH— See Health. PUBLIC HOUSE— See Gaming. PUBLIC LIBRARY— See Library. PUBLIC MEETINGS— See Parks, etc. PUBLIC MESSENGER COMPANIES— See Pool Rooms. PUBLIC MORALS AND DECENCY— Keeping disorderly house, an offense... .......i 2.0. ...5 5 As Arend Unlawful for prostitute, etc., to wander about, etc........ 778 Unlawful for prostitute, etc., to ply, etc., vocation......... 179 Unlawful for prostitute, etc., to occupy, ete., any house, etc. with out .Gerntain sim CSye ese ae eat ones Aeeicae LSiccir, eee aes 780 Unlawful to rent, etc., house, etc., for immoral purposes.. 781 Public prostitutes, ete., standing on sidewalks, etc., an OFFENSO. 1h BRE eee sue ele ce RE aoe ts Ba ee SED Lean EC aT pees in asi Unlawful for lewd woman,-etc., to frequent coffee houses, CLGER SAS Bae elp boc ie ere Mile eee re aete etavetenet elements RicMaclorcsat ee iahe eheter 783 Unlawful to.carry on assignation NhOUSE,. GLC) c.jis1e scien. vie 784 Unlawful to loiter, etc., in disorderly houses, ete.......... 788 Unlawful for prostitute, etc., to eat in coffee house, etc.... | 789 Unlawful for proprietor of coffee house, etc., to permit lewd WONITATYSCUCRELO AT CCONLCTIUR. sera iuevi-paach- ates cl monee aster at onauste te Sea 790 Unlawful to falsely register as husband and wife.......... 792 ACCOMPAn Vine] PLrostitu te. an OLkenSGscente ane ei sicbet leven creme 793 Wearing indecent apparel on street, etc., an offense........ 794 Standing, etc., at door, etc., in indecent position, etc., an OLLENSES HER once Wea N tees ee eek Se hoon e seta eT Pan RE AT Boh ge beeen 794 Public appearance in state of nudity, etc., an offense....... 795 Indecent exposure of person, etc., an offense.............. 796 Overloading, abusing, high checking of animals, etc., an ON 9 M2) ANS |S URERAIS IR ERE NEA CSOT et ARENT RO BAN fh Winter MANDAN aw SAU AA Un ek (te hla ly 797 Crucity, LO “aniLMal strate cnccl tele eres eee oe Oe ea eae 798 Bringing, diseasedranimals*into-C it yee iis ate ene te ee ore 800 Selling diseased animals at auction, an offense............ 801 Uniawtnl torsellnativ ex bind sien uccicea be eacaeke ete ei ee eee 802 Index. PUBLIC MORALS AND DECENCY—Continued— Section Cimleiwruls con Catchim walls Dindsice secaichudttere cred others bere to ek als avon. 803 Unlawful for arrested persons, etce., to give assumed, etc., TVA TIVOS Ta terctapsr cs Peeler ol teleee Mats Mita eta keosts ath Sea Sa rath ahes Mieke gh 8S Sale sole 805 Unlawful for arrested persons, etc., to give false, etc., resi- OTL COLES prc berancette ce sicnh moms chal drome smavEnee aks sick ap ater d: Matava alate, at he yet « 806 Unlawful for peace officer to receive false name, etc...... 807 Unlawful for peace officer to file charge under false name.. SOR PUBLIC PEACE AND ORDER— Mrentineaine publics Dla Ceysa MO en S Cresta iy tal alesis cone eet elves oe 811 Disorderly conduct in public place, etc., an offense......... $12 Dischancince firearms, inh Cityey ane OTLenS Gs sk. oe Hel. ain «lee alt sbals 814 SIT MheMmASS UMUC parece es te hess celine date AM ed eh agice otc ahs ic a levied Suatla. «satis are Ae 826 Causing arrest on frivolous charge, ete., an offense......... 827 Inciting’ rescue or resistance to arrest, an offense......... 828 ReESiStinometCaran OLLGer many O1LCMS Oleic srs aie este! oust ov eyetelln, aicilet stane 829 Refusing to, assist am Officers an OffenSG. 4 oss wee ee ols ho ws oe 830 Alding’ prisoners to escape, am) OffeEnSer. 4. 0. 6% wells © atelel ete 831 WUnlawtule tor throwe waterecOnrettinsetGne.-w. dss ete see eee 832 Unlawtuletor use Sua whkersy Gt Gaksnanesiecnte successes chevcnas ets ohees 833 injuring, etchsbuildingsyete., an offenses. .n%. 6 eek. 2 cio cle slate 834 Taking possession of property without permission, an offense 835 Maliclious® mischiefytetem amo fenSehion sida mers seb eee orn sonen es 836 Uniawihinllyaemtenins theatres Orc aise -c 4 atone! ee cher ae Sle 837 Loitering about premises of another, an offense............ 838 SUSPICIOUS MClLel winitLrUStOnSssan OfFENSEN. . .<... eee ee ee eee 864 Driving animals into stock limits, an offense, when........ 864 Disposition of aes received from sale of impounded A ENEMAS 24 oe aie aR Ee eas Eten a ee Te ea ee ae 865 Unlawful for Gees LOPTUNCAL Tare eset: ee het ne eae 907 Chief of Policeyshallitake: upradors: sa ee en ee ee ee 908 Disposition jof -dersiitaken simp or aie ee eee eee Meee 910 When dogs taken up shall be delivered to owner.......... 911 Dogs impounded, not redeemed, to be sold................. 912 Dogs, not redeemed, ‘etc. to be killed). 0.2.20. 2S. 913 Dogs affected with hydrophobia, etc., to be killed, when. 914 Dogesewith manee; “to she killed say ne oe ee ie Sa ane 918 Disposition of moneys collected for licenses for dogs...,... 919 PUBLIC -PROSTLITWLION—— See Prostitutes; Prostitution; Lewd Women; Assignation Houses. PUBLIC SCHOOLS— Création. of Advisory. Board to, Trustees... pesca 942 Powers and duties ihe TRS AS NU ite (Bececoiste ei aMplict ey Ack Inne Meret At nae tea ook 2k oe Turon Ie AN dealin Meee eer a er anette RATES — : . See Carriers; Harbor Department; Market House, etc.; Gas; Electric Light and Power; Telephones; Street Railways. RECEPTACLES IN PRIVIES— See Privies, Vaults, Closets, Cesspools, ete. RECEPTACLES IN STABLES— See Stables. RECEPTACLES, GARBAGEH— See Garbage. RECEPTACLES, MILK— See Milk and Milk Products. RECEPTACLES FOR MARKET HOUSE REFUSE— See City Market; Market House, etc. REFUSING TO ASSIST OFFICER— See Policemen. REGISTRY OF BIRTHS AND DEATHS— See Vital Statistics. REGULATIONS— See Rules and Regulations; Carriers; various Departments and Heads of Departments, etc. REPAIRS— See Railways; Street Railways; Streets, Sidewalks, etc. REPORTS AND REPORTS REQUIRED— See Board of Censors; Clerk of Corporation Court; Chief of Police; Fire Department; City Electrician; Harbor De- partment; Health Officer; Scavenger; City Chemist and Bacteriologist; Sanitary Inspectors; Harris County Tu- berculosis Society; Supervisor of Hygiene; Physicians; Undertakers; Midwives; Surgeons; Policemen; Public Service Commissioner; Telephones; South Texas Fair and Exposition Commission; Assessor and Collector; Sewers, Plumbing, etce.; Treasurer; Water Department; see Chap- ter VI of Code of 1904, omitted but not repealed (Sec- tion 1521). REQUISITIONS, HEADS OF DEPARTMENTS— See Purchasing Agent. RESCUE— Encouraging rescue of prisoners, an offenSe.........5..06. Section lvii lvili Index. RESERVATION— See Assignation Houses; Houses of Prostitution. RESIDENCE— ' See False Residence. RESIDENCE DISTRICT— See Saloons, etc. RESOLU TIONS— See Rule 12 of City Council. RESTAURANTS— See Health Officer; Milk and Milk Products; Food Products; Pure Food and Drugs; Cold Storage; Permits. Health £O fficertshallovisite sem stole te eth eletets oer eames ae decane toes 996 Health Officer shall grant, etc., permits to establish........ 399 Unlawful for lewd woman, etc., to frequent............... 789 Unlawful for proprietor to permit lewd woman, etc., to fre-- CLUE E, OLS, pees es col ataalta yea aeauive aimee gene sales Gola Wales ie aes aE aEe rene 790 RESERVOIRS— Putting animal matter, etc., or bathing in, prohibited...... 1439 RESTRICTED DISTRICTS— See Assignation Houses; Houses of Prostitution, Saloons, etc. REVENUES— See Harbor Department; Taxes and Taxation; Occupation Taxes; Water Department; Police Department. REVISED CODE— General provisions \COMCEENTIES i. asec eh S heawal ates tele nie 1520-1530 RIGHTS OF WAY— See Traffic, Street; Streets, Sidewalks, etc.; Street Rail- ways. Repeal of unappropriated, by street railways.............. 1148 RIOTOUS CONDUCT— See Policemen; Rescue. ROOMS— See Nuisances; Barber Shops; Food Products. RUBBER BALLS— Use: upon street. etc., “prohibitedescg ces ee ote ee es ee 833 RUBBISH— Board of Health shall supervise collection, etc............ 395 Shall mot berthrown, etclwin alleys wetCieicn ac erro ate we 442 RULES AND REGULATIONS— See City Council; various Departments; Heads of various Departments; Harbor Department; Board of Health. RULES OF THE ROAD— See Traffic, Street. Ss SAFEGUARDS— See Building Laws, not codified; Railways; Public Safety. SAFHS— See Nitro Cellulose Films. SALE AND SALES— See Weights and Measures. : When an article, etc., shall be deemed offered, etc., for.... wink Market i hours = LO; ee ieee oie eee La ae aire ae ene eee aE 2 601 Unlawful to sell on streets, ete., abutting Market House, be- tween certain CnOouUrs erected: 5 eo oe caer gee tae teach eee tas are 605 Artieles which shall not be offered for sale, etc. we ste aba a ee ley 620 In«parks;-etes “prohibited, excep torsos weeate tener aera 659 SALOONS, REGULATION, ETC.— See Milk and Milk Products; Lewd Women. Selling intoxicants to minors, etc., an offense............. 1050a Minors obtaining liquors from by deception, guilty of an OffENSO Hn sale Wy Dek 3 he ae eee Esiie SA Ryans TRUM D CUD ah a ca Een Tee 1051 Aiding minor to obtain liquor by false statements, an offense 1052 Loitering, etc., around, in residence districts, an offense.... 10538 Permitting loitering, etc., around, in residence section, an OTLENSE FiGes send orsust Basaeekes cegueeet teeta chen seat Siebel etree anagem 1055 Definition of ‘‘saloon in residence section”’................. 1056 Unlawful to purchase intoxicating liquor, ete., on Sunday... 1057 Unlawful to drink intoxicating liquor in, etc., on Sunday.. 1058 Loitering, ete; in, -on “Sunday. su nla wal wel. eleet ieleteue 1059 Definition, of term, “at. amy time on.Sumday™. 02.255 saa.ajc 1060 ‘Index. lix SALOONS, REGULATION, ETC.—Continued— Buying or drinking in, between certain hours, unlawful.... Unlawful to conduct saloon without license WiITenE SALOON TES: ICOM SEG air pe aration a denen a tenets cia ota teiel cushy ay ta Whathierme AteSsone sinGluUdes yi. one ae atheas a ese ah eles Unlawful to purchase liquor from non-licensed of ef od aay are) @ of 0: -e¥ a ei 0, 's eee ee ee we www e Section 1061 Unlawful to drink intoxicating liquor in, etc., non-licensed 1068 Unlawful. to congregate, etc., in non-licensed.............. 1069 Detini tion ofLstermir. ILCenSed: Saloon aus as she cco oeher sb elas ea oe 1070 ROK ream GerlalT VOUS Girl Ctrces grate nists oo cates shite Ee Ne el ecto ORL SlSeMinise ihr ROLL Ata states sia ehete ok ice e aeae oie cpanel aoe nee helices ala 1073 OESUPAC OMe CA LO Laas catenin tee! eee bebe eset ccsjoete vias) ler caah diese ais i 1347 Provisions, governing obtaining of license............. 1348-1354 Penalty for engaging in business of, etc., without license... 1355 SANITARIUMS, HOSPITALS, ETC.— See Vital Statistics. SANITARY CONDITIONS— See Board of Health; Health Officer; Nuisances; Stables; Barber Shops; Street Cars; Interurban Cars; Milk and Milk Products; Ice Cream, Regulating Manufacture; Pure Food and Drugs; Food Products; City Market; Sanitary Inspectors. SANITARY CLOSETS— See Privies, Vaults, Closets, Cesspools, ete. SANITARY INSPECTORS— ; See Chief Sanitary Inspector; Scavenger; Privies, Vaults, Closets, Cesspools, ete. = Membperseotariealtin Wepartim Enters cans site c eeol oaelc cud e tenets 369 CreEAtLOn OL OLLLC CaO ls ates yeah alma tinads cto e eae ee rae fucweie arene 370 NOU eS wea LE Bl Oana bere arena cr tien tone aa ern ej OU dey Ny en i ota Rc 38s Right to enter and inspect premises, etc.................. 381 (a) Right to inspect water connections........;.2.¢...050080. 381 (a) Authority to order removal of nuisance, etc............... 381 (a) Authority to order repairs to prevent waste of water...... 381 (a) Shall assist in enforcing health Ordinances, etc............ 381 (a) Elves POWERS. OF! DOULCEIMNEN CLG f sscra tesco eters sd pie vedas lee ouallonts 381 (a) DT ytOmEia KOLA VEST SAWCT eastern nicht anes. ele edema recat toretar ota 381 (a) Shall perform duties required by Mayor, etc.............. 381 (a) Owner or occupant refusing to allow to enter premises, LOR GIT Grae Ogee DOT Uae een Sims ehcina yet ea meee tener aatide leon 255 381 (a) She wae Ee Waa S61 2tO weal lLO Waray rors o ol ena ole chakese at sone ancien 381 (b) Terms ‘“‘Sanitary Inspector,’ “Health Inspector” and ‘“‘Sani- CALI Va ee OR VCORE AT) cel Mra meee Meet ten eye Crete rent rete EL Gay wn Uno hrs 2 381 (c) Persons refusing to obey orders respecting removal of nuis- ANCES eCLEN SUDIECCE TO fie” WHEN ii se slater dH clereeoneten snacepete eee 381 (d) Duties of Sanitary Inspectors working under City Scavenger 381 (e) Under City Scavenger, required to give bond............... 381 (e) SALA TC ery Eee ae Reker hire aka Rae ace aed REE oe Rh Sats Ean MENTS RR eee tora pe ce 383 Orders of Board of Health to be-enforced by.............. 389 Under City Scavenger, may determine, collect and receipt OTs t OOS ete eat Te Ce REE en oh ote dees) ER LeTeU a 3 Lato eo ce ERE roel ose kata, fae 468 Under City Scavenger, may determine fees and leave notice CORO ET Cred rac sears wT ae Re ae ee tees retake y rat Sh cad aly at ab cae Bihatee eit ala 468 May give notice to clean closets, etc............:......... 472 Mayor, etce., shall provide for the Scavenger............... 473 Shall have authority to enter into and examine cellars, etc. 474 Duty-of; upon finding adulterated milk, ete.....2..03.1.55. 560 Shall petition Judge of Corporation Court for condemna- THOTT Comey Retaarbce drei a recast ie Seder! Stara nie ectelaera Rayan ay ok abana viper oe 562 Unlawful to prevent any, from entering building, etc...... 567 Where term ‘‘Health Officer’ used, includes............... 568 SANITARY SEHEWERS— See Sewers, Plumbing, etc. Buildings supplied with water to be connected with, when.. 461 Old vaults, cesspools, ete., shall not be connected with..... 466 SCALES— See Weights and Measures. SCARLET FEVER— See Physicians; Communicable Diseases; Contagious Dis- eases; Infectious, etc., Diseases; Placards; Burials: Prin- cipals, Teachers, etc.; Food Products SCAVENGER, CITY— See Privies, Vaults, Closets, Cesspools, ete. Member Erealth? Department wari o 5455.8 ist ecs) oMenayeerst Sis. nae pigs 369 Ix Index. SCAVENGER, CITY—Continued— Creation AOL: OTEIGS SR Ee ce Ree ne eel detains PaeMene eters Dwtles; OD 253 hele lac ane tes 15 a Ieee ec a te alia) forte be, OR Metra cd tc eame Pa en BON EOR So cel eben heat 0 OG ra Ui ae ae tine he gels Be te oe Fe Pe ORCS Re ete one ace ee ec Has direction, control and supervision of Sanitary Inspect- OTS STC UGR Nea eo eed g BOs Ere BOTT ene Dee re eee Let sea R ew Rak tee heyty May recover on bonds of Sanitary Inspectors, when........ SAUL INV, FOB ee we os ete Waldner lester ete ae Pern acy Cet Ln at ae gen Wee Co CCS FOE Berke soitiae ee de sake cp dere hle.ny Heme hake Bee MOLEC Gn IROL SP NGL Air ee Marre a NOTICE SOR PAVACSS 1 ORs RBAsNtomedste ne atone hoa ua Mont ean hs aie arate a rete CGhargeesstor :pumMmpingacesspoolse-CrC wee aii, emcees one ee oer Shallmotity. parties uto, Gleant priviGs Mele) cmecucer tere. cease Shall keep srecOrd) etG..cc aieue rea rR SON oh theta treet aeons eure we meee cate, Authority of, in matters pertaining to privies, etc......... Removals by, shall be between certain hours.............. Dutysior! to remove MiZghtasorl awh ence wi stenosis eek lose hae SCHOOLS AND SCHOOL CHILDREN— See Public Schools; Principals, Teachers, etce.; Supervisor of Hygiene; Vaccination. SEALER OF WEIGHTS AND MEASURES— See Weights and Measures. ; Appointment, 1079 (d) Plumbing, etc., work without permit, an offense............ 1079 (e) Must have Water Department permit, when............... 1079 (f) PMIMDErS! Must SHO we license. CLE WEN seesdsenets os, «ones ces = 1080 (a) Plumbers, etc., shall have deposit with Assessor and Col- LECTOR SECO COVEr | LUIS PACELON Sie terme niet Melee: te vkelibetus reese scales 1081 (a) Certificate, etc., of plumbers, etc., to be cancelled, when.... 1080 (b) Plumbers, ete., shall notify City Engineer when to inspect.. 1081 (b) Covering up work not inspected, an offense................ 1081 (e) IVVZO lec ORE LOIN CUOTMC/ anc: iho mater epee ss ace Meta) Ste) vie fons Ghp craked eveg See? « 1081 (d) Plumbers, ete., without license, ete., shall not be employed, CE Come per Te Tae oe or LATS TE Mel SHOE RO Os PRASAD ca eh ewe chia wns 1082 Cityataser Sitio connect With private :SGWeFS.1.-\ske sh. ccs sce, 1083 WepOSits AetGs IM SEWELrs Dr OMUDIbE ditty sees cee score © srekecs @ececeds 6/4 1084 (a) Connections by slaughter houses, etc., how made, etc...... 1084 (a) Manholes not to be used as water closets, without permis- SO Te CRChab hee wens Must file permission LOTMUSORDYe OLE Virago tenet eNels aittcch share oderls. Sets City Electrician may change location of Poles OU DeaDaIN TCO LGiuitese: cree t eGels SVs ve dele fee oven ae eleva liens ( siqdue Bill posters shall not affix to poles, etc., any sign, etc Tying of hand bills, ete., to poles, etc., a nuisance oe ee eee woe Sees cee aneesrsveeee oer eee eee sree ee ewe «1 aiNatie. @),3) ome: (8) Che! Sa Sie 9) aye st o io 6 Cees s et dtsios oC ee ones © oer eer eee Section 1394 205 207 208 210 211 213 214 886 887 888 889 1223 1269 1270 1271 1272 1274 1275 1276 lxix lxx Index. THELEPHONES— See Telegraphs and Telephones, etc. Regulations for government and operation of corporations having franchise Ratessof Charest epee casita apccetece iedaheat cates sists (ee eaer nc aeeris hen sone eran eee Penta l tye sire sae hae too ie ete toahe te . Merlo beh hee tne aa Ai pes oa as OT Rates of charges to fire stations and public schools........ Nd GitlonalAicen's Gi sf GS. H1lohet crate nelsteletine ais ie teucehtona eteaceietaiites ee tenet Annual Reports— Sworn, to be filed between January 1st and March 1st fe ls eB 6. “t)\0 wow le Jeg aie WAR W Lele lbile eye le kee pice oles wielle oite ee seme ete CONTENTS OL 7 ATA ae ote Seok tts Tedot a tae ce hehetoment rete toate teat Bee meas Hacts “as” tOAGT OSS® INCOMES. Wa iy, ek hae naeie kcneh aie ee Siemon eon enact re Macts*ast to operatin a ,expenSesinm ten talta pone oe What to be shown, if corporation is operating telephones int OLDE | CI LIESHTETC RM iaiias hocicae ve Letaecl a oie rome tencmclinne wich: Rete eee eee ReEQGuIFeEMents! AS MUO AOA ean ene Bee eas ternedals eilenete tens tcual eaten rer Tobe tiled andipwolished sr rwitenitoest.s.1re sence. eiedene eRe POM ality: oso a eA ri tet dorsal sis fonenctaa tea elapse iets Os betzavie take Ie Mitel eck Aree aM Renae THNANT— See Garbage. TETANUS— See Communicable Diseases. THHATRES— See Board of Censors; Moving Picture Shows; Moving Pic- ture Machines. ae ermit: NeCeSSaryrtOuCONGuUCtt oar ah. clei wie) mee heya oie rence teat Application in writing for permits .contentsea. + ore Mayor and Council may refuse permit, when.............. Applicant muUSt S1V.e) DOT i wt minecte tone ns haste emanate ite renee simian Allfexisting theatres=to (comply. civics stories aie Pale Wp yee ory Cx oad Ps Penal type eee Riehl ete, bake baie, SUS ISE CMA Geen eine ea sence eRe oie Provisions Lormcons truce Orion ae oneuiey. Maem rain Beye Seg atl n Penalty “fon not keepine aisles clear (etc we aastrrdinis keke eee Penalty for violating terms with reference to construc- TLOT CTC RL FA, cee cack te, aetna eta ts Cone eatin tet alte inaatcet a itech mst Me aaah eae Ame Unlawful to construct, etc., contrary to Ordinances, when.. Not: constructed as required, a muisanGe aur nies es oka Buildings now used, etc., to be aa with GxXits; setCin.. Unlawful to smoke in. ike Whaat hateceuass AUeher en atektee ieee te tenets ahh elses Unlawful to use oil stoves ire: Th ow eho ot EL ee eee Stoves: used smust Dera pDrOVied ire wicters cles sueecletcaes. Pe aemewe sy eeenn yeas Hire extinguishers tol beskeptein, setG.y7- on ction patel ne loie ee elie Unlawtultossleep, ane tk practise icus eve osc -netchant areata tersiauster se eae Shall furnishecleansprosrawis ac cote cine sie eEtehe nee toner rent eee Penalty ws SoBe sides Yaueho whee reste tet eetaa oteoue kame Eire re tole te ete ete a tee Penalty, employee, inte A Slee eee NS eee HME Tele tab ere Cieeesbonmenaete ree tonettenk Unlawful to enter, etc., without payment admission fee, etc. OCECUPATIONLEAK LOLs cuctucelers eset ners eran eeieun eed esate eke TIRES— Width ot eprescribed, pOUGem cole mecaehs iniete eis vtsteaaictos-a Weert ise sneter. TOILET ROOMS— See Food Products; Sewers, Plumbing, etc. TOW ELS— Maintenance of roller in public place, a nuisance........... Barbers shall wseée clean forveach persSOn em oeciwinielercueies ie eel TRACKS, RAILWAY— See Street Railways; Railways. Tobe: maintained on anlevelos cise nae ue ciererci a ate ens caskets, TO: De /TEPairedyetes © sive alee oe Sete eels Pane Leake tate ie botany poi ee Streétirailway Shall; waters viet sets cee e iliis esueie ei ee isan wee eas TRAFFIC, STREET— See Streéts, .Sidewalks, etc.; Railways; Street Railways; Public Peace and Order; Public Safety; Carriers; Vehicles. Definitions of “driver,” ‘street,’ ‘‘curbs,” “person,” ‘“‘per- Sons, ands Vehicles ews pense oe at atel > tenet ene ee at ote ar eee Drivers, ete., of vehicles must familiarize themselves with “Rulés of cthe “Roads. EtG gece Websearch cae tank ence ene Want of familiarity prima facie evidence of negligence in CTV IL GaOtl ON eda Na tile Due aeons flrs nate bebe ve kegtetotre Ae Tiere Re Isler aD Raa sdeatae etea Failure to observe traffic Ordinances negligence per se..... Speed limit in various parts of City, and under various CONGITIONS 4's elie Tere hao ene Gi Ue METRE te oan eres Rules and regulations governing drivers, etc., of automo- biles,: ete. +.:..-+ eae sa ESOS va iiealebarte in choke Mie ro Reem ern none NORMA E ae tele ie 837 1341 (m) 1310 419 436 1140 1141 1169 1298 1299 1299 1300 1301 1302 (c) Index. ixxi TRAFFIC, STREET—Continued— Section Rules of the Road, ete.— ‘ Shall keep to right of center line of streets, etc............ S02 .0R) Meetiner venleles shulinnacs torrie te area tae 2 a atnuaenes. 13:02) GL) Sale nO tat VeLOne pas S vara rie wae seey Wltoles diatancks denis 1302 (2) ONMErlLAki ln SeViGntGles sHO Wr PASS asic wench sete olckels bile crakeno te cRe De Oz 2s) On avenues, etc., with parkway, etc., shall keep to right CLV SLOTS Se ete net ad ar tare are cer yeh ar an eer womaban geueed Sead ELAN aes pF Se es Ola Ces) Turning corners or in streets, etc., observations to be made 1302 (4) MUITnInes COLMCES eu O Wir COME sable hehotes chet a ket sce Ts ala dl en, ale sis 1302 (5) Not to pass vehicles at street intersections going in same m GiPCE Glories cists ciate caver ler erete cin ee seb e wap aseate crite tints epebiner sa 1302 (6) Vehicles turning to left shall enter other streets, how..... 1302 (7) Positions, ete., of vehicles with reference to curbs........ 1302 (8) SLOPPINSwete,, ir Streetse prohibited) except... «1. sc... oe. 1302 (9) GrOSSINES TO tetOv De ODSEPUCTLE Rie) yc nccniee o siete Were cutee) oiitieets 1302 (9) SLOP DIN Cl ati NCersections -promipitedr sisi a crcke eo ace ee 1302 (10) IDNSchareewetcee Of PASSE PELSti sar atersrt eee seen cemekemaehes cies ares 1302 (10) Passing, etc., street cars receiving, etc., passengers........ 1302 (11) erate © fiGerstOse, DOVODEY OGrearadcisre tesserae tanetatetels ararerst cc vapdataten ae 302-11) IS EEO fe WAY NOlmVA LION SH VCITCG]EGtiarn cctrcc mec crt ela gid other sepa TSO 2 CL 2) Signals to be given when intending to stop................ 1302 (13) OLIVE BES STE a ee ty pees nee eb be didaks Patera re Pinaceae reire crc atte lopttene euanatee mie: 1302:C 3) Distance between vehicles approaching, etc., crossings..... ABAD GLE) Duty on receiving signal of intention to pass.............. V3'0:2),€15)) PCGEStHLAnSRCLOSSINE TSUN COESIC ct ceat lon selieuat ake alee catered iciabet aad ae 1302 (16) CUrPDShNOMtOnHEHIMONODOLIZCG arene ty. cite rata starckete late ev ened euchees eS O2% Ilr) MelIGIOSMhOwW Modded awa tau iT OTMMmGLG ULL tants oleyyscoeereheseberemeteds 1302 (18) iWVehiecless contents Of to be covered, -wlenni ta. saves Hs scene 1302 619) Funeral processions, lines of, etc., not to be crossed........ 1302 (20) HPunenale processions, when stanGdine so. s 4 slices Ce + awlelele ced) s 1302 (20) Permits necessary for vehicles drawing another, except.... 13802 (21) Bicycles, ete, prohibited) on sidewalks) (EtG wo.48 1 « coker sth sis tens 1302.(22) Pedestrians Net to ONStLUCE SIGCWalKS) GEG. cag. cere os se 1302 (23) CertainkvehicléstoynaversOne Sy. CLC cress snels caine ano tele a samen 1302 (24) Gongs not. COs ber SOUNGER MEXCED tia cenaiotenalentsaemaiens 4 eusielences sticens 1302 (24) CLONTIES BCHATACTEH EO Lc iosek chee eee or ek One ne eecare NNN. caches tas 1302 (24) Steam, emission of; ete, by imotor vehicles... 02 .. .83 is 1302 (25) AULOMODIESH Shits ON sa Et AreSUNSCt se crete stomeuele elon ane bebe uane 13029026) Certain vehicles using electric lights, etc., must be equipped Will etude O: Will wt Garotais ck aeate acest catalay ty ae ara A arcMehy Ph etc lepers ass 1302 (27) Horse drawn vehicles to display lights, when.............. 1302 (28) Trattie Officers, directions Of tor be ODEVEdi jai. acces cree one tecels 1302 (29) Certain vehicles have right of way; duty of other vehicies.. 1302 (30) Speed limit for vehicles of Police Department in certain MIE YQT eS aera cees re or at retrain ick Satin arson cues Toba anlel ny Crenctne ace thane oblate co. Uva 1302 (30) Drivers of vehicles, duty of on approach of fire apparatus... 1302 (31) Obstruction of streets by vehicles, etc., prohibited......... 1302 (32) Vehicles loaded with merchandise, etc., not to be driven on MAINES ULeGtry DELWECH Be XCED teres © sraudilstersee crsveiel oe fayanehereie o: 3028 Gon) Street cars: to stop swhen- and: wheres CtG.5 s.rahi. ce eset ee one 1302 (34) Police Department, etc., has right of way through proces- SIO TUGS Ges WALL GHD thew Se tcp atta Scone toap teen cea On ey Cet Say hie teanel ot cetemey «fos casters Nera sha 1302 (35) Obstruction of intersecting streets by vehicles proceeding LI DLO CESSION MED LOMUD LLCO cg: mutha tidal dete ...; 479 Shall notify Health Officer of change of address.......... 479 USING ANIMALS, ETC.— See Animals. Vv VACANT LOTS— See Grounds; Stagnant Water. VACCINATION— Board«is icteeaseiece crane DUT iOS. 20 Le eo eae a aor ohare eee rca ieee ic enter ce th: eae ee aan ets UNG RU SWED ON Hho KUM SNKS Toi (eh AOR Nay Ghats AUERH tne ream Ree Mrs (Sy 4 Gace. nid indatde aad © WATER DEPARTMENT— See Sewers, Plumbing, etc. (provisions affecting Water De- partment); Water Commissioner; Water. Creation) Of; 6tGr i sisi 1. dtadiae ce ccs ied uate ane NCL RO EME) Sie Re ls cogs Mamie tegen COMPOSILLON, SOLDER Acs napalnae serevons reksbotamcuc tome coe MRR Rs te fear sse hee es Cashier of duties; official, bond) liability; UG. w.. an erie Other officers, (etc. appointment ponds, CLCT mina. suuceieotnens) ste Salaries css Gere elokrirn. dee coer Lae awakes Ciscue ENUSa I A Cae ede tee acaesirer tae eT Unlawtuletowdebracerproperty.OlmmetCe ea cuneate een tment Fire hydrants placed by, not to be interfered with......... Unlawful to turn water on,without permission of.......... Obstruction of access to hydrants, prohibited.............. Persons not to take water from hydrants, etc:, except...... Persons shall not put filthy substances, etc., into City PESeErVOIT Poe BAA aid cote ee ahs coiceahan Rare eae ae Le neko ea cuememc ae Persons shall not take water from public cisterns, unless. . Connections; etc!, not to, be made, except... i241... ERR ee! Attachments, repairs, etc., not to be made, except.......... Service pipes not, to be: entered; ete. |. 2 wiideu 2 sin chek « euske elena seis ReEPOre OL ecONMeCHIONS LO OECEIMACe. CLC ara casino aera aaicre len stemen ate Owners, tovkeep UN rep AIT Ne UGaaie wae cree nonche rcanode oie ee Noaie foeameelte ke Water not to irumny OCG Fak eee coe ete tebe role estes teptans Coeaa mma APag ane tas Yard fountains, used | Wowactae eicicis oe tober erro enn tie ceoreihosts ELOUES :FORSSPHriN KUM 5) shed ca heaeh Moret one Lele ieysaa riche ee orn sane Feed pimps.to take water no wate atetet- ie eee cin hs se ear Construction for Supplying -Dotlers wees a: aids see eters Water to be applied as stated in application: .........:..:. ; Connections not’to be made with private supply pipes...... POAC eee Se ee CR GAR eet ee STONG ie TAS, Saray ee MA en hace Rules, Regulations, etc., for protection, etc., of Water Works Water rents due, etc., first of month in advance........... Cash payments on or before 10th, allowed discount of 5%.. Consumers of water not guaranteed specific quantity, etc. Use-ofwater throughetire plies Cl Gnas amv srsicet nas eure Penalty for use of water through fire plugs, ete............ Written application to be made for water connection, etc.. Water to be furnished owner of building, etec., only........ Consumer may obtain test of water meter, how............ Test Of WAtersMeber vaste hese meu iene teases en arc site due hcy ce ro Cane Rene eels ATter Tests yt Ges Ot Ge hort wis era eek crs Meares onan mene Ey on ae eae Ree Scahline swater bill ete sna Ui sa nies Sis erence men mene Charresctor water, wheres nO wimMeters anetceeiceenatlare ciel ee Charges for water furnished through meters.............. Tapping CHARLES 0, Gils cgssca. chasm womens seireie Me wemehel ohne race ened cer te asae: re netts Charges “for rental: ofamielers eye aeicieitee brani lect he eeanaee er meete oe Connections larger than one inch, metered at expense owner Meters, .etes2 property “OLY Cityconyue yor tare, eens eb ten memene ia pellaetelae Unlawful .to interfere with meters, penalty............... + Section 395 407 412 418 424 425 1326 1327 1436 14388 1440 Index. WATHR DEPARTMENT—Continued— Section Construction of Latérals by Individuals— Persons, etc., may, at their own expense, connect with aA PS HWS GAR mek SURE ich ei JB. Dat Ren LANE Oo tty eT RR Oe Pa oP eee LO Permit from Council necessary: conditions. -.........:2.... 1471 iBPOnGn LOMDOr SiVenise CONGILIONS). Osean eater ccd cale-a ie clel eral aeet a bree 1472 Connection to be made by Department, at cost of applicant. 1473 Conditions under which connections may be made by certain DELSONsawicy SUCH MlaAtera Li pl Oe met Cae waiec nad aa tiettedere terre ss 1474 Persons CcOnSLeuUctine. Cte thevOWHErSs «cistdasc ts) fee se. 1475 CitLVaNa ve DULChASensueh slateral sey. ays ait cons tuned dene as 1476 PCNA IEE Semeee i rtins wat On ewes ee eMC Lacon o ie. beh ree! eeu’ a odes tev gl ahimicnewenn 1477-1478 Work to be done in accordance with provisions of Chapter... 1479 WATER RATES— See Water Department. WATER TROUGHS— See Rule 8, Section 1454, WEEDS, ETC.— See Nuisances; Grounds; Health Officer, W ELLS— See Board of Health; Nuisances. LCaViIMNelOpeMTet Ge prO Mabie ede: ate ecetes aid alircrct asia! oP aehcve eich alone 935 WEIGHTS AND MEASURES— SLOT Ve ee ese cA SE aA e ile mMatehe cle) sols a Tales iel Mekataite, vial oeord aia els 1480-1489 STAM AdALI Sead OPE Meera cies heal Sher rete aire = othe la cute cena oer eneeallctolonecs 1490 Commodities bought, etc., by weight, etc., must be in ac- COTGANCES WIENS Stannard S tnt eaakarteladereier. acters laiel nl chenaieh Mo sie 5 1490 Weights, etc., to be approved, etc., before sale, etc., by DEGAISrSMet Cem sega chet too ete es ciaats Corel cherae hy coke ckau ce en alcrat ae ae 1491 Welghts, etc., must be inspected and sealed.:............% 1492 — Sales, etc., in quantities of less weight, ete., than repre- sented, ete., AITEOLLECTLS Cap anm Mame ete ey eee le Phe cae na is eee te 1493 RC rverl Uiysew tek yee ce hod ore cat are sat Cee a St avebeseh ieee aT es eieiuces 1493 Sales, etc., of commodities ordinarily sold, ete, by dry measure, prohibited! (byw Gt mlEaSUNTE Lent. ts tale we Geis) ciejotets 3 1494 Unlawful to sell, etc., commodities by other standards, etc., ETA PLESELI WGC a irencree Miata cee © ev abote ade heemaie a Minenelg sits 1495 - Sale, etc., of commodities ordinarily sold, ete., in bulk, by Weishl ete. Pronipi Led, sUNlGSS ir tle 5 otc 10 ary apes eres 1496 Unlawful for vender of commodities ordinarily sold, etc., by weight, etc., to sell, etc., unless using weights, etc., in- SPECUCA MCU Ga er hake sie) stow en meta ee ose Oradea at ak shat og Wenemsitond in heiatts ts see 1497 Venders prohibited from using, etc., weights, etc., unless... 1498 Venders prohibited from selling, etc., original packages, etc., of commodities ordinarily sold, etc., by weight, etc., * unless true net weight, etc., is plainly stamped, GUC. wack 1499 WOM UTI SES CA Over. Meda ee ay whit sep scorns etek cuiode te er ool eae ara) SUG ote: ose 1500 Unlawful to refuse to exhibit to Sealer for inspection, SLO Van Welo use CEGKrecnstontysasciabiel cleo veel ee eal en aveke cational ame ral c 1501 Unlawful to obstruct, etc., the Sealer and Deputies........ 1502 Unlawful for any person, except Sealer, etc., to change, etc., officially tested, etc., weights, etc., or remove seal, etc... 1503 Specifie Articles, Sales of— Coal, etc., venders to sell, etc., on basis of true net weight.. 1504 Coal were Hundred weg hitvan ds tON wrk esis cccbors Seeks) Fire wood, unlawful to sell, etc., except by cord, etc........ 1511 Butter, unlawful to sell in prints, ete., other than in terms LD OMIYEA Se CEC ii ene: area, Tit ia |aid ha! Me Abeba ob Male see ara cr what aire el lolleite..evtey's L513 Bread, sign stating weight of each loaf to be posted....... 1514 FRE ACME Wie lO TI TIOM Ode rakes et srelatchamet ot We tee deel ohare Huet eter alot aieuei.al alte a sa 1515 BroaderolisTetesnOU Witlin PLoviSlONS, ses sitersvele Gerais cs ahecs 1516 SIMaAbleLruitseCLes eine pACKAS CS tery sstehers sie elele hele ates! Sher cts, ele) elers ee Da Cotton, certificates showing true net weight, etc........... 1518 Cotton, false weights, etc., unlawful...... pep wee wipaes see Putheackons 1518 General Provision— Achy ow CTA LCL OGY: sta metce ei ctecl terete eet reverenan tiaviseais cys) ot aisyalie nel ecptel eve 1519 lxxv Ixxvi Index. WET MEASURES— : Section See Weights and Measures. WHARVES, ETC.— See Corporate Limits; Harbor Department. WHEELBARROWS— See Sidewalks. WHARFAGE— See Harbor Department. WHISTLES— See Railways. WHITE OAK BAYOU— See Buffalo Bayou. WHOOPING COUGH— See Physicians; Communicable Diseases; Contagious Dis- eases; Placards; Principals, Teachers, etc.; Supervisor of Hygiene; Food Products. WILLOW STREET— Chan eine emai Crrae- wierd ta ie rite eee beer ee ee eee eee eee e ees 1336 WIRES— See City Electrician; Electrical Department; Telegraphs and Telephones; Electric Light Companies; Street Rail- ways. WITNESSES— See Harbor Department; Corporation Court; Public Policy. wooD— See Fire Wood; Weights and Measures. wooL— See Weights and Measures. WOUNDED ANIMALS— See Animals; Chief of Police. YARDMASTHER— See Railways. YARD STICKS— See Weights and Measures. YHELLOW FEVER— See Contagious Diseases; Burials; Food Products. mie ee ts : * A. Pe Sn ae ty ag he i a, Pi he ee ite ay PRINTED BY STANDARD PRINTING AND LITHOGRAHING CO. HOUSTON, TEXAS xy t,- ‘ =e MAM init Pe artes wv iw} aaa Pe wrt > ty) ek UNIVERSITY OF ILLINOIS-URBANA afr o # 2 2 ss i B® HAI Fenft “= = Se his At SF er Le ony tS es * tse ate & Cee ol ae ae a AP ae & Phe oy * % oe tha e poe ¥ fe ove oA RP ~ Ae ae Pas od bi ty Te Wh Site Stn 9 Die ie Lake ty tr i hae ly aw hd ee eRe | Lee 9 Oe rte te ye! ie wee te tae 8 ALAR Petal Paar y es ; “S-8° : oe S% a] spate catate tas ie pe oe ors Pore si bats er kea te =. t see ae PLAT ge a3) set * : ; a : 4 re See Sirae , : ; Soe ; s ihe : ra : : . 2 . te-8