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HomeMy WebLinkAboutOrdinances of the City of College Station (1939-1959) ORDINANCES OF THE CITY OF COLLEGE STATION THROUGH JANUARY 26, 1959 • C X 1938 I Y "1111IIII II D ° F COLLEGE STATION 1 INDEX TO DELETED PAGES III Pape Ordinance Reason for Deletion 70 - 71 50 Repealed by Ordinance No. 248 104 61 Extraneous to this Grouping of Ordinances 130 - 131 102 Repealed by Ordinance No. 212 132 - 133 103 Repealed by Ordinance No. 239 138 121 Extraneous to this Grouping of Ordinances 147 137 Repealed by Ordinance No. 248 152 - 153 145 Repealed by Ordinance No. 212 202 - 213 203 Extraneous to this Grouping of Ordinances 214 206 Extraneous to this Grouping of Ordinances -.1(; INDEX Ordinance Page A Accidents - Traffic 167 154 Air Raid 65b 106 Ambulances 49 69 Animals - See Livestock Annexation - Subdivision 210 215 Arrests - Traffic 167 156 Arson Reward 25 14 Assessor 1 1 B Blackout - Air Raid 65b 106 Board - Electrical Examining 52 72 Park 20 9 Plumbing Examiner 53 78 Recreation 177 198 Building Inspector 250 238 Building Permits 38b 60 45 64 261 243 Buses - See Licenses Business Manager - See Offices Butane - See Gasoline Storage C City - See Subject Collector 1 1 Collision - Negligent 224 226 Commissions - Zoning 22 12 Corporation Court 16 5 Council - Abolishing Consecutive Reading 35 34 Order of Business 19 8 Court - See Corporation Court D Demolition of Building - Permit Required 261 243 Deposits - Electricity 36 35 Dogs - Confined 248 236 Licensing of 248 236 Driving - See Index to Traffic Ordinance 167 154 Ordinance Page Election - General Conduct 142 148 Electric Utility Rates 263 245 Electrical - Code 52 72 Inspection Fees 38b 60 Inspector - See Officers Electricity Users Deposit 36 35 Equipment on Vehicles 167 155 Explosives - Transportation of 167 156 Extensions - See Utilities F Federal Old -Age and Survivors Insurance Benefit 234 227 Fines - Traffic 167 157 Firearms Shooting 144 151 Fire Limits 38b 60 77 119 Fire Limits - Deletion of Certain Areas 238 229 241 232 Fire Lines 49 69 Fire Marshal - Establishing Fire Lines 49 69 Office Created 7 2 Fires - Citizens Duty in Case of 49 69 Fireworks - Prohibited 252 240 Fiscal Year Changed 59 100 Franchise - Gas Company 57 95 G Garbage Collection 92 127 Gasoline Storage 239 230 H Health Officer - Milk 33 25 Restaurants 34 28 House Moving 54 93 I Industrial Zone Created 271 249 Jail - Contract with County 23 13 Ordinance Page `r L Licenses - Building Permits 38b 60 45 64 261 243 Buses and Taxis 27 19 Dogs 248 236 Electricians 52 72 Livestock Keeping 134 144 Milk Sales 33 25 Moving Houses 54 93 Occupation 28 22 Peddling 212 222 Permit for Removal of Building 261 243 Plumbers 53 78 Plumbers - Adopting State Law 131 143 Restaurants 34 28 Utilities 14 4 Limits - See Territory Livestock at Large 60 102 Livestock - Keeping 134 144 M C Milk Regulations 33 25 Mosquito Control 18 6 Moving Houses 54 93 261 243 N Negligent Collision 224 226 Newspaper - Battalion Designated 9 3 Publication of Ordinances 128 141 Noise - See Sound Nuisance - Public 175 196 0 Occupation Taxes - See Licenses Offices Abolished - Elective - Assessor and Collector 1 1 Engineer 58 99 Health Officer 58 99 Sanitary Engineer 58 99 Treasurer 1 1 1 Ordinance Page C o Offices Created or Referred to - Building Inspector 250 238 Business Manager - Abolished 78 123 Deputy City Secretary 47 66 Electrical Inspector 52 72 Fire Marshall 7 2 Fire Marshall - Powers & Duties 26 15 9 3 49 69 Health Officer - Milk 33 25 Restaurants 34 28 Manager (City) - Created 78 123 Plumbing Inspector 53 78 Report Failure to Use Sewer Service 55 94 Recorder - Corporation Court 16 5 Sanitary Engineer 18 6 Official Newspaper 9 3 Ordinances Published 128 141 P Paper - See Newspaper Park Board 20 9 Parking - See Traffic Peddling 212 222 Permit - See License Plats - Final 210 216 Plats - Preliminary 210 215 Plumbers - Licenses 53 78 Plumbing Inspection Fees 38b 60 53 78 Plumbing Inspector 53 78 Plumbing Regulations 53 78 Police Cars 49 69 Poultry - Running at Large 60 102 Prisoners - Confinement 16 5 Contract for Use of Jail 23 13 Public Nuisance 175 196 Publication - See Newspaper R Railroad Crossings - See Index to Traffic Ordinance 167 154 Rates - Utilities 263 245 Recorder - Corporation Court 16 5 Recreation - Advisory Committee 177 198 Board 177 198 Cof Fund 177 198 Repair of Building - Permit Required 261 243 Restaurant Regulations 34 28 75 112 Retirement System 184 200 Reward - See Arson Rezoning - Part of Oakwood Addition 256 241 t Ordinance Page Sale of Fireworks 252 240 Sanitary Engineer 18 6 Secretary Duties - Assessor and Collector 1 1 News Stories 19 8 Park Board 20 9 Treasurer 1 1 Septic Tanks 48 67 Sewer - Connection Fees 266 248 Connections Mandatory 55 94 Franchises 21 10 Sewerage Service Charges 263 245 Shooting Firearms 144 151 Shooting of Fireworks 252 240 Signs and Signals - Traffic 167 158 Social Security 234 227 Sound Broadcast and Amplifiers 124 139 Speed - See Index to Traffic Ordinance 167 154 Speed Limits 247 234 Speed Limits - Highway 6 274 252 Storage - Gasoline 239 230 Streets - Subdivision Requirements 272 251 210 217 Subdivision Requirements 210 215 272 251 Surfacing - See Streets T Taxes - Rendition, Notices, Equalization, Date Due 59 100 Taxis - Licenses 27 19 Traffic - Index to Traffic Ordinance 167 154 Light Authorized on Highway 6 32 24 North Gate Area Repealed 27 19 North Gate Parking 275 253 Speed Limits on Highway 6 274 252 Sulphur Springs and Boulevard 31 23 Speed Zones 247 234 Trash - Accumulations 67 110 See Garbage Treasurer 1 1 U Utilities - Electric Deposits Required 36 35 Franchise Required 14 4 Sewer Franchises 21 10 Subdivision 210 219 Ordinance Page C Utility - Bills, Payment of 263 245 Disconnection of 263 245 Extensicns and Connections 116 134 266 248 Rates 263 245 Reconnection of 263 245 V Vehicles - See Index to Traffic Ordinance 167 154 Vendors - Itinerant 212 222 W Wards - Created and Boundaries 62 105 Water - Connection Fees 266 248 Utility Rates 263 245 Weeds - Cutting 67 110 Z Cw Zones - Parking at North Gate 275 253 See Index to Traffic Ordinance 167 154 Speed 247 234 Speed on Highway 6 274 252 Zoning - Amendment with Penalty 129 142 Certain Newly Incorporated Area 257 242 Commission 22 12 Industrial Area 271 249 Ordinance 38 37 Part of Oakwood Addition 256 241 1 ORDINANCE NO. 1 • AN ORDINANCE PROVIDING FOR DISPENSING WITH THE OFFICES OF CITY TREAS- URER AND CITY ASSESSOR AND COLLECTOR AND CONFERRING THE POWERS AND DUTIES OF SUCH OFFICES UPON THE CITY SECRETARY. Be it ordained by the City Council of the City of College Station, Texas that the offices of city treasurer and city assessor and collec- tor be and are hereby dispensed with, and that the powers and duties prescribed by law for such officers be and are hereby conferred upon the City Secretary. Passed and approved this the 6th day of March, 1939. APPROVED: S /J. H. Binney Mayor ATTEST: S /Sidney L. Loveless • City Secretary • - 1 - ORDINANCE NO. 7 • AN ORDINANCE CREATING OFFICE OF CITY FIRE MARSHAL AND HOW APPOINT- MENT IS FILLED. Be it ordained by the City Council of the City of College Station, Texas: 1. The office of City Fire Marshal is hereby created. 2. The position shall be filled by appointment of the mayor with the approval of the City Council. 3. The appointee shall hold office for a period of two years. Passed and approved this the 12th day of April, 1939, A. D. APPROVED: SP. H. Binney Mayor ATTEST: S /Sidnev L. Loveless City Secretary - 2 - ORDINANCE NO. 9 • AN ORDINANCE ADOPTING BATTALION AS OFFICIAL NEWSPAPER. Be it ordained by the City Council of the City of College Station, Texas: The Battalion, a newspaper of general circulation through- out the City of College Station, Texas, published at the Agri- cultural and Mechanical College of Texas in said City, is hereby designated as the official city paper. Passed and approved this the 12th day of April, 1939, A. L. APPROVED: S /J. H. Binney Mayor ATTEST: S /Sidney L. Loveless City Secretary - 3 - ORDINANCE NO 14 • AN ORDINANCE SETTING FORTH FRANCHISE REQUIREMENTS. Be it ordained by the City Council of the City of College Station, Texas: SECTION I. No person, association, or corporation shall, on and after May 15, 1939, engage in furnishing water, light, power, gas, telephone or sewerage service to the public within the limits of the City nor use the highways, streets, or alleys within the City in connection with furnishing any of the aforesaid utilities serv- ices, unless said person, association or corporation shall have obtained and thereafter keeps in full force and effect a franchise to do so. SECTION II. Any agency desiring to furnish any of the utilities services referred to in Section I of this ordinance, or to use the highways, streets, or alleys within the city in connection with the furnishing of such services, shall make and file with the City Sec- retary a written application, showing the name and address of the applicant for the franchise, the name and address of the person making the application, the kind or kinds of utilities services to be furnished, the area within the city to be served; and the names and addresses of the persons or the officers of the corpo- ration upon whom legal service may be made. Said application shall be accompanied by a fee of $3 which sum shall be used to cover the expenses of carrying out this ordinance. SECTION III. When an application for a franchise has been filed, the mayor shall order a hearing on the application, notice of said hearing shall be given by publication in one issue of the official city paper. Upon favorable action by the City Council, the City Secretary shall issue the franchise. SECTION IV. Any person, association or corporation which in vio- lation of this ordinance shall without obtaining a franchise fur- nish any utilities services enumerated in Section I of this ordi- nance or use the highways, streets, or alleys of the city, in connection with furnishing such services shall be fined not more than $100, and each day such violation continues shall constitute a separate offense. Passed, approved and ordered published this the 4th day of May, 1939. APPROVED: S /J. H. Binney Mayor ATTEST: S /Sidney L. Loveless City Secretary - 4 - ORDINANCE NO. 16 AN ORDINANCE TO SET UP CORPORATION COURT. Be it ordained by the City Council of the City of College Station, Texas: SECTION I. The corporation court shall be presided over by a recorder who shall be elected for a term of two years. SECTION II. The City Secretary shall serve ex- officio as clerk of the Corporation Court. He is hereby authorized to appoint a deputy. SECTION III. The City Attorney is hereby authorized to appoint a deputy. SECTION IV. Any prisoner in the custody of the City Marshal or any other peace officer of the City shall be placed in the County Jail of Brazos County, Texas. SECTION V. In all cases before the Corporation Court, arising either under the ordinances of the City or the criminal laws of the state, the defendant shall upon conviction or pleading guilty, pay as costs the sum of $4.00 (four dollars). SECTION VI. The rules to enforce the collection of all costs and `r+ fines imposed by the Corporation Court, by execution against the property of the defendant or the imprisonment of the defendant, shall be the same as the rules prescribed by law for judgments and their enforcements in criminal cases in Justice Courts, as far as applicable. SECTION VII. When not otherwise prescribed by law or ordinance, the rules of pleading, practice, and procedure prevailing and prescribed by law for Justice Courts shall apply to the Corpora- tion Court, as far as applicable. SECTION VIII. There shall be paid out of the municipal treasury as fees to the recorder of the Corporation Court, in cases in which the defendant pleads guilty or is convicted, and pays the fine and costs, the following amounts: a. To the recorder $2.00 (two dollars). Passed and approved this the 4th day of May, 1939 A.D. s/ J. H. Binney Mayor ATTEST: s/ Sidney L. Loveless City Secretary - 5 - ORDINANCE NO. 18 • AN ORDINANCE ON MOSQUITO CONTROL. Be it ordained by the City Council of the City of College Station, Texas: SECTION I. It shall be unlawful to have, keep, maintain, cause or permit within the incorporated limits of College Station, any col- lection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated so as effectually to prevent such breeding. SECTION II. Any collection of water considered by Section I. of this ordinance shall be held to be those contained in ditches, pools, ponds, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, (except horse troughs in frequent use), urns, cans, boxes, bottles, tubs, buckets, defective house roof gutters, tanks of flush closets, or other similar water containers. SECTION III. The method of treatment of any collection of water, such as specified in Section II, directed toward the prevention of breeding of mosquitoes shall be approved by the City Sanitary Engi- neer or his deputy and may be any one or more of the following: a. Screening with wire netting of at least 16 meshes to the inch each way or with any other material which will effectually prevent the ingress or egress of mosquitoes. b. Complete emptying every seven (7) days of unscreened containers together with their thorough drying or cleaning. c. Using a larvicide approved and applied under the direction of the City Sanitary Engineer or his deputy. d. Covering completely the surface of the water with kero- sene, petroleum, or paraffin oil once every 7 days. e. Cleaning and keeping sufficiently free of vegetable growth and other obstructions, and stocking with mosquito - destroying fish. f. Filling or draining to the satisfaction of the City Sanitary Engineer or his deputy. g. proper disposal, by removal or destruction, of tin cans, tin boxes, broken or empty bottles, and similar articles likely to hold water. SECTION IV. The natural presence of mosquito larvae in standing or running water shall be evidence that mosquitoes are breeding there, and failure to prevent such breeding within three days after notice by the City Sanitary Engineer or his deputy, shall be deemed a vio- lation of this ordinance. - 6 - Ordinance No. 18 - Page 2 SECTION V. Should the person or persons, firm or corporation responsible for conditions giving rise to the breeding of mosqui- toes fail or refuse to take necessary measures to prevent the same, within 3 days after due notice has been given to them by letter, the City Sanitary Engineer or his deputy is hereby authorized to do so, and all necessary cost incurred by him for this purpose shall be a charge against the property owner or other person offending as the case may be. SECTION VI. For the purpose of enforcing the provisions of this ordinance, the City Sanitary Engineer or his deputy, acting under his authority may at all reasonable times enter in and upon any premises within the City. SECTION VII. Should any person or persons, firms or corporations within three days after due notice has been given by the City Sani- tary Engineer or his deputy as to the existence of mosquito breed- ing places fail or refuse to take necessary measures to abate such nuisances, said person, firm or corporation shall be guilty of vio- lation of this ordinance, and shall be fined not more than $25.00. Each day such violation continues shall be deemed a separate offense. SECTION VIII. This ordinance shall become effective after its approval and due publication in the official paper. Passed and approved and ordered published this the 18th day of May, 1939 A.D. s/ J. H. Binney Mayor ATTEST: s/ Sidney L. Loveless City Secretary - 7 - ORDINANCE NO. 19 • AN ORDINANCE SETTING UP ORDER OF BUSINESS AT COUNCIL MEETINGS. Be it ordained by the City Council of the City of College Station, Texas: 1. The order of business at meetings of the council shall be as follows: a. Reading of the minutes. b. Reports of officers and committees. c. Unfinished business. d. New business. 2. No ordinance except one in which an emergency is expressly declared, shall be enacted until it has been passed after a first and a second reading. 3. The City Secretary shall submit news stories or information to the press concerning ordinances passed on first reading as well as final actions of Council. Passed and approved this the 25th day of May, 1939 A.D. s/ J. H. Binney Mayor ATTEST: s/ Sidney L. Loveless City Secretary - 8 - ORDINANCE NO. 20 AN ORDINANCE WHICH CREATED THE CITY PARK BOARD. Be it ordained by the City Council of the City of College Station, Texas: 1. It is hereby declared to be the purpose of the City Govern- ment to develop and maintain for recreational and beautifi- cation purposes all parks or other public grounds which may now be, or may hereafter come, under the control of the City. 2. A City Park Board is hereby created for the purpose of exercising general management over all parks and other public grounds under the control of the City. 3. Said Board shall be composed of a chairman and two members who shall be appointed by the mayor with the approval of the City Council, and shall hold office for a period of two years. 4. Said Board is hereby authorized to receive grants of money and donations of labor and materials from any individuals or other agencies to use for the develop- ment and maintenance of parks and other public grounds, ` along with any funds which may hereafter be appropriated �r by the City Council for like purposes. 5. Said Board is hereby authorized to use the services of other city officers, in the discharge of its responsibili- ties, and said officers are hereby directed to serve. Specifically, the City Secretary is directed to serve as ex- officio secretary of said Board, and as custodian of its funds, which he shall pay out only on orders signed by its chairman. 6. Nothing contained in this ordinance shall be construed as giving the said Board authority to accept in the name of the City by lease, grant, or otherwise any area for use as a park nor to alienate to any extent the ownership or possession of any park area under the con- trol of the City. Passed and approved this the 25th day of May, 1939 A.D. s/ J. H. Binney Mayor ATTEST: s/ Sidney L. Loveless City Secretary - 9- ORDINANCE NO. 21 AN ORDINANCE WITH THE PROVISIONS OF A SEWER FRANCHISE. Be it ordained by the City Council of the City of College Station, Texas: The public utility agencies furnishing sewer service to the inhabitants residing within any area of this City shall, upon application, be granted a franchise for furnishing such sewer service within such area under the following terms and conditions: 1. The period of the grant shall be ten years from the date hereof, at the end of which time the rights granted shall terminate. 2. The grantee shall furnish sewer service of a reasonable stand- ard for such service. 3. The grantee shall immediately and fully repair all damages to streets and alleys occasioned by the construction and mainte- nance of its sewer lines. 4. The grantee shall assume all liability for claims against the City of College Station for damages to persons or property arising in connection with the operations herein contemplated. 5. The grantee shall not allow a nuisance against the inhabitants `�" of the City of College Station to exist by reason of its opera- tions either within or outside the limits of aforesaid city. 6. The grantee shall make a service charge of 50 (fifty) cents a month per household or business establishment for sewer service. 7. This franchise shall not be transferable or assignable unless the transferee or assignee shall assent in writing to all of the provisions herein contained and unless consent to such transfer or assignment is given by the City Council. 8. Any infraction hereof by the grantee shall be a cause for for- feiture of this grant when persisted in 30 days after written notice. 9. The City of College Station, Texas, agrees to enact and enforce such ordinances relative to septic tanks and other matters as in the judgement of the City Council and mayor should be ob- served by persons .or firms using the sewer services contem- plated hereunder. - 10 - Ordinance No. 21 - Page 2 • The fact that the City Council has not made any provision for granting franchises to public utility concerns and that some of the concerns desire such franchises immediately in order to go ahead with some major construction contemplated creates an emergency re- quiring that the rule necessitating the reading of an ordinance at two consecutive meetings of the City Council be suspended. An emer- gency is hereby declared and aforesaid rule suspended and this ordi- nance take full force and effect immediately on and after its pass- age. Passed and approved this the 6th day of July, 1939 A. D. S/ J. H. Binney Mayor ATTEST: S/ Sidney L. Loveless City Secretary lir - 11 — ORDINANCE NO. 22 • AN ORDINANCE CREATING A CITY ZONING COMMISSION, AND DECLARING THE PURPOSES AND PRESCRIBING THE DUTIES THEREOF. Be it ordained by the City Council of the City of College Station, Texas: 1. There is hereby created a City Zoning Commission which shall be composed of a chairman and four members to be appointed by the mayor with the consent of the City Council. Said chairman and members shall hold office for a term of two years and until their successors are appointed and qualified. 2. The City Zoning Commission shall exist for the purpose of recom- mending to the City Council for adoption comprehensive plan of districts within the City and the necessary regulations for making such districting effective, in order to aid the City Council in exercising the powers conferred upon it under House Bill No. 87, Chapter 283, page 424, passed in 1927 by the For- tieth Legislature (referred to as Articles 1011a to 1011j in Vernon's Texas Statutes). 3. The City Zoning Commission is hereby authorized and directed to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Said commis- sion shall make a preliminary report and hold public hearings thereon before submitting its final report to the City Council. 4. The fact that the City of College Station now has no zoning ordinance creates an emergency, and the rule requiring ordi- nances to be read at two successive meetings of the City Coun- cil is hereby suspended, and this ordinance is declared an emergency ordinance and shall take full force and effect from and after its passage and approval. Passed and approved this the 6th day of July, 1939 A. D. S/ J. H. Binney Mayor ATTEST: S/ Sidney L. Loveless City Secretary - 12 - ORDINANCE NO. 23 AN ORDINANCE AUTHORIZING THE MAYOR TO APPLY TO THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, FOR AN AGREEMENT TO CONFINE CITY PRISONERS IN THE BRAZOS COUNTY JAIL, PROVIDING THE TERNS OF SUCH AN AGREEMENT, AND DECLARING AN EMERGENCY. Be it ordained by the City Council of the City of College Station, Texas: That the mayor be authorized to make application to the Commissioners Court of Brazos County, Texas, for a contract whereby prisoners of the City shall be confined in the Brazos County Jail under the following terms: 1. A payment of 60 cents a day or fraction thereof is to be paid to Brazos County of which payment forty -five cents shall be for board and 15 cents for guarding. 2. The City shall be billed at the end of each month and remit immediately thereafter. 3. The City is responsible for the transportation, admission, and discharge of its prisoners. 4. Since the City has no suitable place for confining its prisoners, and public necessity demands that such a place be immediately available, the rule requiring the reading of ordinances at two successive meetings of the Council be and hereby is suspended and this ordinance shall take full force and effect immediately after its passage. Passed and approved this the 6th day of July, 1939 A. D. s/ J. H. Binney Mayor ATTEST: s/ Sidney L. Loveless City Secretary BY Deputy - 13 - ORDINANCE NO. 25 AN ORDINANCE PROVIDING FOR THE REWARDING OF PERSONS WHO ARE INSTRU- MENTAL IN BRINGING ABOUT THE ARREST AND CONVICTION OF PERSONS GUILTY OF THE CRIME OF ARSON. Be it ordained by the City Council of the City of College Station, Texas; SECTION I. The Mayor of the City of College Station is hereby required, authorized and empowered to offer a reward of not less than one hundred ($100.00) dollars payable to the person or persons who shall be responsible for the arrest and conviction of any person com- mitting in said city the crime of arson as the same is now defined by the penal code of the State of Texas. SECTION II. Whenever the Mayor shall be informed that any fire occurring in said City was of an incendiary origin, he shall call for a report on the same by the City Fire Marshal, and if said Marshal shall report that such fire was caused by the commission of the said crime of arson, it shall become the duty of said Mayor to offer the reward above prescribed, which reward shall be in the form of a pro- clamation duly issued by said Mayor under his official signature and attested by the seal of the City, and which shall be posted up in con- spicuous places, one of which shall be at the City Office of said City in accordance with the regulations of the State Fire Insurance Depart- ment. Upon information being given by any person who shall cause the arrest and conviction of such persons so guilty of a specific crime of arson for which said reward shall be offered, and after the final conviction of such person or persons, the person so giving such in- formation shall be entitled to receive from said city the said reward. SECTION III, Since the City has no adequate arson reward ordi- nance, an emergency is hereby declared to exist, and the rule requiring that ordinances be read at two meetings is hereby suspended, and this ordinance shall be in full force and effect immediately upon its pas- sage and approval. Passed and approved this the 6th day of July, 1939, A. D. APPROVED S /J. H. Binnev Mayor ATTEST S /Sidney L. Loveless City Secretary - 14 - ORDINANCE NO. 26 AN ORDINANCE PRESCRIBING THE DUTIES OF THE OFFICE OF FIRE MARSHAL, PROVIDING FOR ITS MAINTENANCE AND PRESCRIBING PENALTIES FOR VIOLATIONS. Be it ordained by the City Council of the City of College Station, Texas: SECTION I. The Fire Marshal shall investigate the cause, origin, and circumstances of every fire occurring within this city by which property has been destroyed or damaged, and shall especially make investigation as to whether such fire was the result of careless- ness or design. Such investigation shall be begun within twenty - four hours, not including Sunday, of the occurrence of such fire. The Fire Marshal shall keep in his office a record of all fires, together with all facts, statistics and circumstances, including the origin of the fires and the amount of the loss, which may be determined by the investigation required by this ordinance. SECTION II. The Fire Marshal, when in his opinion further investi- gation is necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investi- gation, and shall cause the same to be reduced to writing; and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, he shall cause such person to be lawfully arrested and charged with such offense or either of them, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all of the infor- mation obtained by him, including a copy of all pertinent and material testimony taken in the case. SECTION III. The Fire Marshal shall have the power to summon witnesses before him to testify in relation to any matter which is by the provisions of this ordinance a subject of inquiry and investigation, and may require the production of any book, paper, or document deemed pertinent thereto. The said Fire Marshal is hereby authorized and empowered to administer oaths and affirm to any persons appearing as witnesses before him. SECTION IV. Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said Fire Marshal, or who fails or refuses to produce any book, paper, or docu- ment touching any matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings of the Fire Marshal in the matter of said investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guilty of a misde- meanor; and it shall be the duty of the Fire Marshal to cause all such offenders to be prosecuted. Any person being convicted of any such demeanor shall be fined in a sum not exceeding twenty -five dollars 425.00). Provided, however, that any person so convicted shall have the right of appeal. - 15 - Ordinance No. 26 - Page 2 • SECTION V. All investigations held by or under the direction of the Fire Marshal may, in his discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. SECTION VI. The Fire Marshal shall have the authority at all times of day or night, when necessary, in the performance of the duties imposed upon him by the provisions of this ordinance, to enter upon and examine any building or premises where any fire has occurred, and other buildings, and premises adjoining or near the same, which authority shall be exercised only with reason and good discretion. SECTION VII. The Fire Marshal, upon complaint of any person having an interest in any building or property adjacent and without any complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city, and it shall be his duty, monthly or more often, to enter upon and make or cause to be entered and made, a thorough examination of all mercantile, manufacturing, and public buildings, together with the premises 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 cause, is especially liable to fire, and which is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein, and whenever he shall find an improper or dangerous arrangement of stoves, ranges, furnaces, or other heating appliances of any kind whatsoever, including chimneys, flues, and pipes with which the same may be connected, or a dangerous arrangement of lighting devices or systems, or a dangerous or unlaw- ful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflam- mable and refuse materials, or other conditions which may be danger- ous in character or liable to cause or promote fire or create con- ditions dangerous to the firemen or occupants, he shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of said building or premises. Provided, however, that if said owner or occupant deems himself ag- grieved by such order, he may, within five (5) days, appeal to the Mayor, who shall investigate the cause of the complaint and unless by his authority the order is revoked, such order shall remain in force and be forthwith complied with by said owner or occupant. At the end of each month the Fire Marshal shall report to the State Fire Marshal all existing hazardous conditions, together with sep- arate report on each fire in the city during the month. SECTION VIII. Any owner or occupant of a building or other structure or premises, who shall keep or maintain the same when, for want of repair, or by reason of age or dilapidated condition, or for any cause, it is especially liable to fire and which is so situated as to endanger buildings or property of others, or is especially - 16 - Ordinance No. 26 - Page 3 • liable to fire and which is so occupied that fire would endanger other persons or their property therein, shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00). SECTION IX. Any owner or occupant of any building or other struc- ture, or premises, who shall keep or maintain the same with an im- proper arrangement of a stove, range, furnace, or other heating appliance of any kind whatever, including chimneys, flues, and pipes with which the same may be connected, so as to be dangerous in the matter of fire, or health, or safety of persons or property of others; or who shall keep or maintain any building, other struc- ture or premises with an improper arrangement of a lighting device or system, or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, in- flammable materials, refuse, or with any other condition which shall be dangerous in character to the persons, health or property of others; or which shall be dangerous in the matter of promoting, augmenting or causing fires; or which shall create conditions dangerous to firemen, or occupants of such building, structure or premises other than the maintainor thereof, shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dol- lars ($50.00). • SECTION X. No prosecution shall be brought under Sections 9 and 10 of this ordinance until the order provided for in Section 8 be given and the party notified shall fail or refuse to comply with the same. SECTION XI. The penalties provided for herein shall by recovered by the city in the same manner as provided by law for the enforcement of fines, forfeitures, and punishments for offenses against the city. SECTION XII. Every day's maintenance of any of the conditions pro- hibited in any of the foregoing sections shall be a distinct and sepa- rate offense. SECTION XIII. All misdemeanors herein provided for shall be pro- secuted, and all fines and forfeitures herein provided for shall be recovered and enforced, in the same manner as provided by law for the enforcement of fines, forfeitures, penalties and punishments for offenses generally against the city. SECTION XIV. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION IV. Whereas, public safety demands the immediate passage of this ordinance, creating the office of Fire Marshal and empower- ing the said officer to discharge the duties herein set out, there- fore an emergency exists demanding a suspension of the rules re- quiring ordinances to be read at two successive meetings, said rule is hereby suspended, and this ordinance is placed on its first - 17 - Ordinance No. 26 - Page 4 reading and final passage, and shall be effective and in full force from and after its passage and approval. Approved this the 6th. day of July, 1939 A. D. S/ J. H. Binney Mayor ATTEST: S/ Sidney L. Loveless City Secretary . - 18 - ORDINANCE NO. 27 AN ORDINANCE REQUIRING LICENSES FOR MOTOR VEHICLES USED IN TRANSPORTING PERSONS AS PASSENGERS FOR HIRE WITHIN THE CITY, PROVIDING THE METHOD FOR OBTAINING SUCH LICENSES, PRE- SCRIBING CONDITIONS UNDER WHICH LICENSED VEHICLES SHALL BE OPERATED, PROVIDING CONDITIONS FOR SUSPENSION OR REVOCATION OF LICENSES, PRESCRIBING PENALTIES FOR VIOLATING VARIOUS PRO- VISIONS OF THIS ORDINANCE, AND DECLARING AN EMERGENCY. Be it ordained by the City Council of the City of Col- lege Station, Texas: SECTION I. No individual, firm or corporation shall operate or cause to be operated upon or over the highways, streets, or alleys within the city limits any service car, jitney, taxicab, bus, or other motor vehicle for the transportation of persons as passengers for compensation or hire, unless there has been obtained for such vehicle and existing in full force and effect a license duly issued by the City. Violation of this section shall be punished by a fine in any amount not to exceed one hundred dollars, and every day such violation continues shall constitute a separate offense. SECTION II. A license for the operation of a motor vehicle shall be issued by the City Secretary for a period of one year from the date thereof, when all of the following re- quirements have been met by the applicant: 1. Filing with the City Secretary an application duly sworn to on forms provided by him for that purpose, with endorsements thereon as follows: a. Endorsement by a mechanic employed in any garage in this city to the effect that he has tested the vehicle and finds it safe for the transportation of passengers. b. An endorsement by the City Attorney to the effect that he has approved as suitable an insurance policy for that vehicle providing public liabil- ity coverage for any one accident in the amount of $1,000 for injury or death of any one person and $5,000 for injury or death of two or more persons, and property damage in the amount of $1,000. 2. Paying a fee of fifteen ($15) dollars which is to be used to cover the expenses of carrying out this ordinance. SECTION III. The license issued under the provisions of this ordinance shall be displayed at all times when the vehicle is in operation, by posting over the windshield in front of the driver. - 19 - Ordinance No. 27 - Page 2 • SECTION IV. No vehicle for which a license has been issued shall be operated by anyone except the licensee thereof, or an employee of the licensee. SECTION V. No license shall be transferable to any other per- son, firm, or corporation, nor shall such license be used for the operation of any other vehicle except the vehicle for which said license is issued. SECTION VI. No person shall operate a licensed vehicle unless he has on his person while doing so a chauffeur's license issued by the State of Texas. SECTION VII. No vehicle licensed pursuant to this ordinance shall transport at any one time a number of passengers in ex- cess by one of the passenger capacity of said vehicle, the driver not counted, as listed by the manufacturer. SECTION VIII. No licensed vehicle shall be operated unless it is in suitable mechanical condition for the safe transportation of passengers over the highways and streets of the city. SECTION IX. Violation of sections 3,4,5,6,7, and 8 of this ordinance shall each constitute a separate offense and shall • each be punished by a fine in any amount not to exceed one hundred (cv100) dollars; and every day such violation of any one of aforesaid sections continues shall constitute a sep - arate offense. SECTION X. Every vehicle licensed under the provisions of this ordinance shall be tested and inspected every three months by a mechanic employed in a garage in this City. The licensee shall file with the City Secretary a signed state- ment by such mechanic that such test and inspection have been made. Failure to file such statement shall automatically suspend the license for the vehicle. SECTION XI. In case any defendant pleads guilty or is con- victed in Corporation Court of violating any provision of this ordinance, the Recorder may in addition to imposing a fine also order that the license for the vehicle involved be suspended or revoked. SECTION XII. If any section or subdivision thereof of this ordinance is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portion of this ordinance shall not be affected thereby. • - 20 - Ordinance No. 27 - Page 3 SECTION XIII. The fact that the City of College Station has no ordinance in effect regulating the transportation of per- sons as passengers in motor vehicles over the streets and highways of the city constitutes an emergency requiring that the rule providing that ordinances shall be read at two meetings of the City Council before passage be suspended; an emergency is hereby declared, and aforesaid rule is hereby suspended, and this ordinance shall be in full force and effect immediately on and after it has been passed, approved and duly published. AMENDMENT TO ORDINANCE NO.27 Ordinance No. 27 Section II. (b) To provide for the reduction in the amount of insurance required for taxi -cabs: to read; $5,000 liability and $1,000 property damage. Passed, approved, and ordered published this the 6th day of July, 1939 A. D. s/ J. H. Binney Mayor ATTEST: s/ Sidney L. Loveless City Secretary - 21 - ORDINANCE NO. 28 AN ORDINANCE LFVYING AN OCCUPATION TAX, PROVIDING FOR THE PAYMENT OF RECEIPTS THEREFROM INTO THE GENERAL FUND, APPROPRIATING SAID LEVY TO THE USE AND SUPPORT OF THE CITY GOVERNMENT, INCLUDING THE ENFORCEMENT OF THIS ORDINANCE, AND DECLARING AN EMERGENCY. Be it ordained by the City Council of the City of College Station, Texas: SECTION I. There is hereby levied and there shall be collected from every person, firm, association, or corporation pursuing any oc- cupation taxed by the General Laws of the State of Texas, an annual occupation tax equal in each instance to one -half of the State occu- pation tax, which said taxes shall be paid annually in advance except where otherwise provided by the State laws, in which event the same may be paid as is provided by the State Law. SECTION II. All receipts for the City by this ordinance are hereby made payable to the General Fund of the City. SECTION III. All monies collected under this ordinance be and the same are hereby appropriated and set apart for the use and support of the municipal government of the City of College Station, Texas, and such use and support shall include the payment of all necessary expen- ses in enforcing this ordinance. SECTION IV. The fact that the city has no ordinance providing for the licensing or taxing of occupations creates an emergency, and an emergency is hereby declared and the rule requiring that an ordi- nance shall be read at two successive meetings is hereby suspended, and this ordinance shall be in full force and effect immediately from and after its passage. Passed and approved this the 20th day of July, 1939, A. D. APPROVED: S /J. H. Binney Mayor ATTEST: S /Sidney L. Loveless City Secretary - 22 - ORDINANCE NO. 31 (Revised 15) • Be it ordained by the City Council of the City of College Station, Texas: 1. That all cars shall come to a complete stop at the intersection of Sulphur Springs Road and Bell Streets. 2. That the maximum time limit for parking on both sides of the Sulphur Springs Road for one block east and one block west of its intersection with Bell Street, and on both sides of Bell Street for one block north from its intersection with Sulphur Springs Road shall be two hours. 3. That cars parked on either side of Bell Street for one block north from its intersection with the Sulphur Springs Road shall be parked parallel with the sidewalk. 4. That the violation of any section of this ordinance shall be punishable by fine in any amount not to exceed $25; that vio- lation of each section of this ordinance shall constitute a separate offense; and that each case in which any section is violated shall constitute a separate offense. Passed and approved and ordered published this the 20th day of • October, 1939, A. D. APPROVED: S /J. H. Binney Mayor ATTEST: S /Sidney L. Loveless City Secretary - 23 - ORDINANCE NO. 32 • Be it ordained by the City Council of the City of College Station, Texas: 1. That the City of College Station hereby agrees that if the State Highway Department will purchase and install at its on expense, one or more stop -go or flasher type electric traffic control lights at points located on Highway No. 6 at designated points inside the corporate limits of this city. That the City of College Station will furnish power to operate and control in a manner satisfactory to the High- way Department of Texas. 2. That the Mayor is hereby authorized and directed to con- tract and make other necessary arrangements on behalf of the city for carrying out provisions contemplated in Sec- tion 1 of this ordinance. Passed, approved, and ordered published this the 2nd day of November, 1939, A. D. APP ROVED : • s/J. H. Binnev Mayor ATTEST: S /Sidney L. Loveless City Secretary • _ 24 - ORDINANCE NO. 33 AN ORDINANCE MAKING MANDATORY THE GRADING AND LABELING OF MILK AND CERTAIN MILK PRODUCTS SOLD OR OFFERED FOR SALE WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION, TEXAS: PROHIBITING THE SALE OF ADULTERATED, MISBRANDED, OR UNGRADED MILK, AND MILK PRODUCTS: REQUIRING AND PROVIDING FOR THE ISSUING AND REVOKING OF PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS: AUTHORIZING AND DIRECTING THE CITY HEALTH OFFICER TO RECEIVE APPLICATIONS FOR, INSPECT DAIRIES AND MILK PLANES AND GRANT OR REVOKE PERMITS TO PERSONS, FIRMS AND CCR- PORATIONS TO SELL OR OFFER FOR SALE GRADED MILK AND MILK PRODUCTS WITHIN THE CITY: PROVIDING FOR THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS; ADOPTING THE PROVISIONS OF SENATE BILL 83 PASSED BY THE REGULAR SESSION OF THE 45th LEGISLATURE, REVISED CIVIL STATUTES 1937 SUPPLEMENT; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. WHEREAS, the Regular Session of the 45th Legislature, 1937, passed an Act known as Senate Bill 83, relative to the grading and labeling of milk and milk products and authorizing the governing bodies of cities to make mandatory the grading and grade labeling of milk and milk products sold and offered for sale within the corporate limits of such cities, and WHEREAS, it is necessary to regulate the sale of milk and milk products within the City of College Station, for the promotion of C health, the governing body of said City desires to require permits for the sale of milk and milk products and to make mandatory the grading and labeling of milk and milk products sold and offered for sale within the city limits of the City of College Station, Texas, now therefore. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Sec. 1. That hereafter it shall be unlawful for any person, firm or corporation to sell or offer for sale any milk or milk products within the corporate limits of the City of College Station, without such person, firm or corporation first makes application to and receives a permit from the City Health Officer to sell such milk or milk products. The City Health Officer shall issue or revoke such permits in accordance with the requirements and conditions herein after set forth; provided he may revoke or refuse to issue a permit, if in his judgement any milk is unfit for human consump- tion. Sec. 2. The City Health Officer of the City of College Station, is hereby authorized and directed to receive applications for, and grant permits to persons, firms and corporations desiring to sell or offer for sale milk and milk products within the City; provided said Health Officer shall inspect the equipment and sanitation of the dairies and milk plants and grade the milk according to the provisions of Senate Bill 83, passed by the 45th Legislature Regular Session, Revised Civil Statutes 1937 Supplement, and in accordance with the rules and regulations promulgated by the State Health Officer pursuant thereto. - 25 - Ordinance No. 33 - Page 2 The grading and labeling of milk and milk products sold and offered for sale within the corporate limits according to definition (P). Section 1 of the said Senate Bill 83, for grades "A ", "B ", "C'`, and "D" raw milk and milk products, and definition (Q) for grades "A ", "B ", and "C" pasteurized milk and milk products, is hereby made mandatory. These specifications are on file with the City Clerk for public examination. Sec. 3. Adulterated, Misbranded, or Ungraded Milk or Milk Products Prohibited. No person shall within the City of College Station, or its police jurisdiction, produce, sell, offer or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated, misbranded, or ungraded within the meaning of and under the penalty of the aforesaid Senate Bill 83. Violation of this Section shall be sufficient cause for recovation of permits for the sale of milk or milk products. Sec. 4. All pasteurized milk and milk products shall be placed in their final delivery containers in the plant in which they are pas- teurized, and all raw milk and milk products sold for consumption in the raw state shall be placed in their final delivery containers at the farm at which they are produced. Sec. 5. All future dairies and milk plants from which milk or milk products are supplied to the City of College Station, which are hereafter constructed, reconstructed, or extensively altered shall conform in their construction to the grade A requirements of this ordinance. Sec. 6. Enforcement interpretation. This ordinance shall be en- forced by the City Health Officer in accordance with the interpre- tations thereof contained in the 1939 edition of the U. S. Public Health Service Milk code and aforesaid Senate Bill 83. Sec. 7. Six months from the effective date this ordinance, no milk or milk products shall be sold except grades A pasteurized, certified, and grade A raw; provided lower grades may be sold during degrading periods as determined by the City Health Officer. Sec. 8. Repeal and Date of Effect. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; and this ordinance shall be in full force and effect immediately upon its adoption and its publication, as provided by law. Sec. 9. Unconstitutionality clause. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitu- tional or invalid for aAly reason, the remainder of said ordinance shall not be affected thereby. Sec. 10. Any person, firm, corporation or association of persons who shall sell, offer for sale, or possess for the purpose of sale any milk or milk product with the City of College Station without having a permit authorizing the sale of same, issued by the City - 26 - Ordinance No. 33 - Page 3 • Health Officer of the City of College Station, Texas, or who shall sell or possess for the purpose of sale any milk or milk product after a permit has been revoked or suspended shall be fined in a sum not exceeding One Hundred Dollars, and each separate sale, or posses- sion for sale, shall constitute a separate offence. Sec. 11. Where violations of this ordinance and the provisions of said Senate Bill 83 are found, the City Health Officer, his agents or any other city officer having jurisdiction, shall file complaint or complaints in some court of competent jurisdiction. Passed and approved this the 7th day of Dec., 1939. APPROVED: S/ J. H. Binney Mayor ATTEST: S/ Sidney L. Loveless City Secretary -27- ORDINANCE NO. 34 AN ORDINANCE DEFINING RESTAURANT, EMPLOYEE, EATING AND COOKING UTENSILS, HEALTH OFFICER, ETC., REQUIRING PERMITS FOR THE OPERA- TION OF SUCH ESTABLISHMENTS, PROHIBITING THE SALE OF ADULTERATED, UNWHOLESOME OR MISBRANDED FOOD OR DRINK, REGULATING THE INSPECTION, GRADING, REGULATING THE INSPECTION, GRADING, REGRADING, AND PLA- CARDING OF SUCH ESTABLISHMENTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. Be it ordained by the City Council of the City of College Station, Texas, as follows: SECTION 1. Definitions. A. Restaurant - The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, hotel dining room, tavern, sandwich stand, soda fountain, and all other eating and drinking establishments. B. Employee - The term "employee" shall mean any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served. C. Eating and Cooking Utensils - "Eating and cooking utensils" shall include any kitchenware, tableware, cutlery, utensils, con- tainers, or other equipment with which food or drink comes in con- tact during storage, preparation, or serving. D. Health Officer - The term "health officer" shall mean the health authority of the city of College Station, or his authorized representative. E. Person - The word "person" shall mean person, firm, cor- poration, or association. SECTION 2. Permits - It shall be unlawful for any person to operate a restaurant in the City of College Station, Texas, who does not possess an unrevoked permit from the health officer and in whose place of business such permit is not posted in a conspicuous place. This section shall apply to temporary or itinerant as well as to permanently established places of business. Only persons who com- ply with the requirements of this ordinance shall be entitled to receive and retain such a permit. Such a permit may be revoked by the health officer upon the viola- tion by the holder of any of the terms of this ordinance, or at any time when in the judgment of the health officer the restaurant has become a public - health menace. Crif SECTION 3. Placarding or public display of grade notice - Every restaurant shall display at all times upon a placard, or upon any other place approved by the health officer, a conspicuous notice - 28 - Ordinance No. 34 - Page 2 • approved by the health officer stating the grade of the restaurant. SECTION 4. Examination and condemnation of unwholesome, adulterrt ated, or misbranded food or drink - Samples of food and drink may be taken and examined by the health officer as often as he deems necessary for the detection of unwholesomeness, adulteration, or misbranding. The health officer may condemn, remove, and destroy any food or drink which he deems unwholesome, adulterated, or mis- branded. SECTION 5. Inspection of restaurants for purposes of grading and regrading. At least once every six months the health officer shall inspect every restaurant located within the city of College Station, Texas. In case the health officer discovers the violation of any item of sanitation required for the grade then held, he shall make a second inspection after the lapse of such time as he deems neces- sary for the defect to be remedied. If upon the second inspection the same item of sanitation is found to be violated the restaurant shall be required to display immediately a grade notice based upon the second inspection. One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant, and said in- spection report shall not be defaced or removed by any person ex- cept the health officer. Another copy of the inspection report shall be filed with the records of the health department. SECTION 6. The grading of restaurants. The grading of all res- taurants shall be based upon the following standards. Grade A. Restaurants. Grade A restaurants are those which comply with all of the following items of sanitation. Item 1. Floors - The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be kept clean and in good repair. Kitchen floors shall be impervious to water. Item 2. Walls and ceilings - Walls and ceilings of all rooms in which food or drink is stored, prepared, or served shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is pre- pared or utensils are washed shall be a smooth, washable surface up to the level reached by splash or spray. Item 3. Lighting - All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. Item 4. Ventilation - All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ventilated. - 29 - Ordinance No. 34 - Page 3 Item 5. Toilet Facilities - Every restaurant shall be pro- vided with adequate toilet facilities conveniently located and conforming with the ordinances of the City of College Station, Texas. Toilet rooms shall not open directly into any room in which food, drink, or utensils, are handled or stored. The doors of all toilet rooms shall be self - closing. Toilet rooms shall be kept in a clean condition, in good repair, and well lighted and ventilated. Hand - washing signs shall be posted in each toilet room used by employees. In case privies or earth closets are permitted and used, they shall be separate from the building, and shall be of a sanitary type constructed and operated in conformity with the requirements of item lOr of the U. S. Public Health Service Milk Ordinance and Code, a certified copy of which shall be on file in the office of the city clerk. Item 6. Water Supply - The water supply shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be adequate, and of a safe sanitary quality. Item 7. Lavatory Facilities - Adequate and convenient hand - washing facilities shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall return from a toilet room without washing his hands. Item 8. Door and Windows - When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self - closing, unless other effective means are provided to prevent the entrance of flies. Item 9. Construction of utensils and equipment - All eating and cooking utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment of utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Item 10. Cleaning and Bactericidal Treatment of Equipment and Utensils - All equipment, including display cases or win- dows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single- service containers shall be used only once. All except single- service eating and drinking utensils shall be thoroughly cleaned and subjected to an approved bactericidal process after each usage. All multi -use utensils used in the pre- paration, cooking, or serving of food and drink shall be thorough- ly cleaned and subjected to an approved bactericidal process imme- diately following the days operation. Drying cloths, if used, 40p shall be clean and shall be used for no other purpose. - 30 - Ordinance No. 34 - Page 4 Item 11. Storage and handling of utensils and equipment - After bactericidal treatment no utensil shall be stored except in a clean, dry place protected from flies, dust, or other contamina- tion and no utensil shall be handled except in such a manner as to prevent contamination as far as practicable. Single- service uten- sils shall be purchased only in sanitary containers and shall be stored therein in a clean dry place until used. Item 12. Disposal of wastes - All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance. Item 13. Refrigeration - All perishable food or drink shall be kept at or below 50 F except when being prepared or served. Waste water from refrigeration equipment shall discharge into an open sink or drain, properly trapped and sewer connected, pro- vided that where sewer connections are not available clean ade- quate water -tight drip pans may be used. Item 14. Wholesomeness of Food and Drink - All food and drink shall be wholesome and free from spoilage. All milk, milk products, ice cream, and other frozen desserts served shall be of a grade approved by the health officer. Milk and milk products shall be served in the original containers in which they were re- ( ceived from the distributor or from a bulk container equipped with an approved dispensing device; provided that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams, and mussels shall be from approved sources. Item 15. Storage and display of Food and Drink - All food and drink shall be so stored and displayed as to be protected from dust, flies, vermin, handling, droplet infection, over head leak- age, and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies shall be used. Item 16. Cleanliness of Employees - All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. Item 17. Miscellaneous - The surroundings of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used for domestic purposes. Adequate lockers or dressing rooms shall be provided for employees' clothing. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of eating or cooking utensils. - 31 - Ordinance No. 34 - Page 5 • GRADE B RESTAURANTS. - Grade B restaurants are those which have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A restaurants: 1,2,3,4,8,12, or 17. GRADE C RESTAURANTS. - Grade C restaurants are those which have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A restaurants: 5,6,7,9,10,11,13,14,15, or 16. FROM AND AFTER 2 MONTHS FROM THE DATE ON WHICH THIS ORDINANCE TAKES EFFECT NO RESTAURANTS EXCEPT GRADE A AND GRADE B RESTAURANTS SHALL BE OPERATED. SECTION 8. Notification of disease. - Notice shall be sent to the health officer immediately by the restaurant manager or by the employee concerned if he or any employee contracts any infectious, contagious, or communicable disease, or has a fever, a skin erup- tion, a cough lasting more than 3 weeks, or any other suspicious symptom. It shall be the duty of any such employee to notify the restaurant manager immediately when any of said conditions obtain, and if neither the manager nor the employee concerned notifies the health officer immediately when any of said conditions obtain they shall be held jointly and severally to have violated this section. A placard containing this section shall be posted in all toilet • rooms and privies serving restaurants. SECTION 9. Procedure when infection suspected. - When suspicion arises as to the possibility of transmission of infection from any restaurant employee the health officer is authorized to require any or all of the following measures: (1) the immediate exclusion of the employee from all restaurants; (2) the immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer; (3) adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated. SECTION 10. Enforcement interpretation. - This ordinance shall be enforced by the health officer in accordance with the interpreta- tions thereof contained in the 1938 edition of the U. S. Public Health Service Code Regulating Eating and Drinking Establishments. SECTION 11. Penalties. - Any person who violates any provision of this ordinance shall be fined not more than one hundred dollars at the discretion of the court having jurisdiction. Each and every violation of the provisions of this ordinance shall constitute a separate offense. SECTION 12. Repeal and date of effect. - All ordinances and parts of ordinances in conflict with this ordinance are hereby re- pealed, and this ordinance shall be in full force and effect imme- diately upon its adoption and its publication as provided by law. - 32 - Ordinance No. 34 - Page 6 li r SECTION 13. Unconstitutionality clause - Should any section, para- graph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason the remainder of said ordinance shall not be affected thereby. PASSED AND APPROVED this 7th day of Dec., 1939. S/ J. H. Binney Mayor ATTEST: aLaidney L. Loveless City Secretary - 33 - ORDINANCE NO. 35 AN ORDINANCE AMENDING ORDINANCE NO. 19, By Eliminating Section 2 thereof, and declaring an emergency. Be it ordained by the City Council of the City of College Station, Texas: 1. City Ordinance No. 19 be and hereby is amended by striking out and making null and void Section 2 thereof. 2. The fact that many business matters of importance to citizens incorporated into the city are now pending, that require imme- diate attention and the further fact that the application of Section 2 of Ordinance 19 results in undue delay in the trans- action of such public business, constitute an emergency requir- ing that the rule necessitating the reading of an ordinance at two consecutive meetings of the City Council be suspended. An emergency is hereby declared and aforesaid rule suspended and this ordinance shall take full force and effect immediately on and after its passage. Passed and approved this 7th day of December, 1939. APPROVED: S/ J. H. Binnev Mayor ATT ST: S/ Sidney L. Loveless City Secretary L - 34 - ORDINANCE NO. 36 BE IT ORDAINED BY The City Council of the City of College Station, Texas: 1. The consumers who obtain electricity from the power distributing system owned by this city, who use such electricity for office, household, or domestic purposes only, shall be classed for pur- poses of determining the amount of advances or deposits as domes- tic consumers of the following types: (a) home owners and (b) tenants or non-home owners. 2. On and after the effective date of this ordinance class (b) do- mestic consumers, tenants or non-home owners, shall, as a con- dition for obtaining connections for electricity, or, of con- tinuing such connections if they have already been made, make a deposit with the city in the amount of five ($5.00) dollars. 3. On and after the effective date of this ordinance an application for a connection for electric service for use in connection with any business establishment or commercial enterprise shall be granted only after a deposit has been made with the city, in an amount sufficient to cover the estimated cost of the electric current to be consumed during a one and one-half (Ti) months period. The estimate of such probable consumption shall be made by the City Engineer, or his deputy. 1E; 4. All bills due the city by consumers for electric service, shall be due and payable by the tenth of the month following which they have been issued. In the event a bill is not paid by that date, a penalty of one ($1.00) dollar shall be added to the amount due. 5. In the event any consumer of power service does not pay the bill for his electricity by the twentieth of the month following which said bill shall have been issued, the connection for aforesaid consumer shall be severed. Such connection shall not thereafter be made again until a re-connection fee of two ($2.00) dollars has been paid, and until also a deposit or advance has been made, in case one is not already on hand, in the amount of five ($5.00) dollars for domestic consumers and in an amount to cover the prob- able consumption for a period of one and one-half months as esti- mated by the City Engineer, or his deputy, for business or commer- cial consumers. 6. A deposit or advance made by a consumer is for the protection of the city against loss. In the event a consumer ceases to be a user of electric power from the distributing system owned by this city, either voluntarily or for failure to pay his bill, there shall be deducted from his deposit or advance, whatever amount, if any, he owes the city for power, penalty and fee, and the re- mainder of the deposit or advance shall be refunded to him. This provision is not to be construed, however that the consumer is IC; - 35 - Urdinance No. 36 - Page 2 • limited in his liability to the city in the amount of his deposit only. Passed and approved this 7th day of December, 1939. APPROVED: S /J. H. Binney Mayor ATTEST: S /Sidney L. Loveless City Secretary • • - 36 - ORDINANCE NO. 38 • AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS OR THE GENERAL WELFARE BY REGULATING AND RESTRICTING THE DENSITY OF POPU- LATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY OR OTHER PURPOSES AND BY REGULATING AND RE- STRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES; THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED; THE SIZE OF YARDS; COURTS AND OTHER OPEN SPACES, ALL IN ACCORDANCE WITH A COMPREHENSIVE P LAN; CREATING AND DEFINING THE POWERS OF THE ZONING COMMISSION. PROVIDING RULES OF PROCEDURE BEFORE THE ZONING COMMIS- SION; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR VIOLATION HEREOF. Whereas, the Council of the City of College Station, has made extensive investigations, inspections, studies, maps, graphs, and surveys of the uses of land, buildings and structures, the living conditions of the citizens, and the state of the public peace, health, safety and general welfare, and has determined that it is necessary in order to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to protect and promote the health and peace of the public, to provide adequate light and air, to provide adequate water, sewage and other public utility needs, to prevent the overcrowding of land and undue concentration of population, to facilitate adequate provisions for schools, parks, playgrounds and other public requirements, to promote the orderly • development of the City of College Station and its environs along the lines of a systematic plan therefor, and to provide for the most appropriate use of land throughout the City and its environs in accordance with such comprehensive plan; Now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. DEFINITIONS. For the purpose of this Ordinance, the following words and terms as used herein are defined to mean the following: Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure "; the word "shall" or the word "must" is mandatory and not directory; the word "lot" includes the word "plot "; the term used for" includes the meaning "designed for" or "intended for ". 1. "Accessory Building ": A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or use of the property. 2. "Alley ": A public way which affords only a secondary means of access to abutting property. 3. "Apartment House ": A building arranged, intended, designed, or occupied by more than two families. - 37 - Ordinance No. 38 - Page 2 • 4. "Apartment ": A suite of rooms or a room arranged, intend- ed, designed or used as the place of residence of a single family or group of individuals, living together as a single housekeeping unit. 5. "Apartment Hotel ": An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public. 6. "Basement ": That part of a building below the first story as defined in paragraph 37 of this section. 7. "Block ": A piece or parcel of land entirely surrounded by public highways or streets. 8. "Boarding House or Lodging House ": A building other than a hotel where lodging or meals are provided for five or more per- sons for compensation, pursuant to previous arrangements, but not to the public or transients. 9. "Project House ": A building other than a hotel where lodgings or meals are provided for five or more students and where such students contribute pro rata to the cost of such lodgings or meals. • 10. "Business ": The purchase, sale, or other transaction in- volving the handling or disposition of any article, substance, or commodity for commercial purposes or the maintenance of offices, recreational or amusement enterprises or the maintenance or use of buildings or property for commercial purposes, for hire, or for which a fee or charge is made. 11. "Corner Lot ": A lot abutting upon two or more streets at their intersection. 12. "Curb Level ": The mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest. 13. "Dwelling ": A building arranged, intended, designed or occupied by not more than two families. 14. "Dwelling, Multiple ": A building arranged, intended, designed or occupied by three or more families. 15. "Family ": Any number of individuals living together as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house or hotel as defined herein. 16. "Front Yard ": An open space, unoccupied by buildings or ® structures (except as hereinafter provided) across the full width of the lot extending from the front line of the building to the front street line of the lot. - 38 - Ordinance No. 38 - Page 3 IL. 17. "Frontage of a corner lot ": A corner lot shall be deemed t o front on that street on which it has its least dimension, unless otherwise specified by the City Engineer. 18. "Garage, private ": An accessory building for storage only of motor vehicles. 19. "Garage, public ": Any building or premises used for the storage, care or repair of motor vehicles which is operated for commercial purposes. 20. "Garage, community ": A garage other than a public or private garage providing storage for vehicles with facilities for washing, but no other services, such garage to be in lieu of pri- vate garages within a block or portion of block. 21. "Height of Buildings ": The vertical distance measured from the highest of the following three levels: a. From the street level, b. From the established or mean street grade in case the curb has not been constructed, c. From the average ground level of the portion • of the lot adjoining and within ten feet of the building where it sets back from the street line ten feet or more, to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot, and to the mean level of the slope of the main roof for more steeply sloping roofs. 22. "Height of yard or court ": The vertical distance from the lowest level of such yard or court to the highest point of any bounding wall. 23. "Hotel ": A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than fifteen sleeping rooms. 24. "Lot ": A plot, parcel, piece or tract of land which may be occupied by one building and the necessary buildings or uses customarily incident thereto, including such open spaces as are arranged, designed or intended to be used in connection with such building. 25. "Lot, interior ": A lot whose side lines do not abut upon any street. 26. "Lot, through ": An interior lot having frontages on two streets. 27. "Lot Lines ": The lines bounding a lot as defined herein. - 39 - Ordinance No. 38 - Page 4 • 28. "Lot Depth ": The distance from the front street line to the rear line measured in the mean direction of the side lines. 29. "Lot Width ": The mean distance between side lines meas- ured at right angles to the depth. 30. "Non- conforming use, building or yard ": One that does not, by reason of design or use, conform with the regulations of the district in which it is situated. 31. "Rear Yard ": An open space, unoccupied (except as here- inafter provided) between the rear lot line and the rear line of the principal building and the side lot lines. 32. "Place ": An open, unoccupied space other than a street or alley established or dedicated for the purpose of access to prop- erty abutting thereon. 33. "Rear Line ": The boundary line which is opposite and most distant from the front street line; except that on irregular lots the rear line shall not be deemed to be farther back for the purpose of this ordinance than a line parallel with the front street line, distant as far as possible therefrom entirely on such lot and not less than ten feet long. 34. "Rear Yard Depth ": The mean distance from the rear line of the principal building to the rear lot line. 35. "Side Line ": Any lot boundary line not a front or rear line thereof; a side line may be a party lot line, a line border- ing on an alley or place or a side street line. 36. "Side Yard ": An open, unoccupied space on the same lot with the building between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard thereof. 37. "Story ": That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level, as mentioned in paragraph 12 of this section. 38. "Street ": A public thoroughfare or place which affords principal means of access to property abutting thereon. 39. "Street Line ": Is the dividing line between the street and the abutting property. - 40 - Ordinance No. 38 - Page 5 40. "Street Width ": The mean of the distances between the abutting property on the opposite sides of a street within the block upon which the lot fronts. Section 2. DISTRICTS ESTABLISHED. For the purpose of regu- lating and restricting the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, and regulating and restricting the location of trades and industries and the location and design of buildings for specific purposes, and to regulate and limit the height and bulk of buildings, the area of yards and other open spaces, and to regulate and limit the density of population, the City of College Station is hereby divided into five (5) districts, as follows: District No. 1. First Dwelling House District. District No. 2. Second Dwelling House District. District No. 3. Apartment House District. District No. 4. First Business District. District No. 5. Second Business District. Section 3. DISTRICT MAP ADOPTED. The boundaries of the dis- tricts as enumerated in Section 2 of this ordinance are hereby established and adopted as shown upon the map attached hereto, which map is hereby made a part of this ordinance and is hereby designated as the "Zoning District Map ", and said map and all nota- tions, references and information shown thereon are hereby made as much a part of this ordinance as if the same were set forth in full herein. It shall be the duty of the City Secretary to keep on file in his office the original of said district map, and duplicate copies thereof showing all the changes, amendments, or additions thereto, shall be kept on file in the office of the City Secretary. In determining the boundaries of the various districts as shown on said map, the streets, alleys or highways shall be the boundary lines. Where the boundaries of various districts are not shown as such streets, alleys or highways, such boundary line shall be the nearest lot line of record at the time of passage of this ordinance. Section 4. REQUIREMENTS MUST BE OBSERVED. Except as herein- after provided: 1. No buildings, structures or land shall be used for any purpose other than is permitted in the district in which such building, structure, or land is situated. • 2. No building or structure shall be erected, moved, extended, enlarged, reconstructed or structurally altered to exceed the height or area limit herein established for the district in which such building or structure is situated. - 41 - Ordinance No. 38 - Page 6 • 3. No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein. DISTRICT NO. 1 Section 5. REGULATIONS. First Dwelling House District. In District No. 1, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses: 1. Dwellings. 2. Public schools, parks, playgrounds, museums, libraries, recreational buildings, fire stations or other public buildings or uses owned, controlled, and operated exclusively by the City of College Station, the State of Texas, or the United States. 3. Farming and truck gardening, but not including the keeping of hogs, sheep, or goats. 4. Nurseries and greenhouses for the propagating and culti- vating of plants only; provided, no retail or wholesale business shall be carried on upon the premises so used; and, provided fur- ther that no fertilizer is stored upon the premises, and no soil or fertilizer renovation is carried on upon the premises. 5, Private golf clubs, when not operated as a commercial business or for profit. 6. Accessory buildings, including a private garage when sit- uated upon the same lot with the main building and not less than sixty (60) feet from the front lot line, and not less than three (3) feet from any side lot line; and in case of corner lots not less than the distance required for residences from side streets; build- ings for servants' quarters, provided such quarters are occupied only by servants employed on the premises, and not rented as a separate domicile or dwelling, and provided further that such ser- vants' quarters shall be not less than sixty (60) feet from the front line and not less than five (5) feet from any side lot line; and in the case of corner lots not less than the distance required for residences from side streets; except that a private garage or servants' quarters may be constructed as an integral part of the main building, subject to the height and area regulations of the main building. 7. In District No. 1, no private garage shall provide storage for more than one vehicle for each twenty -five hundred (2500) • square feet of lot area. 8. Uses, customarily incident to any of the other uses enu- merated herein when the same are situated in the same dwelling or - 42 - Ordinance No. 38 - Page 7 apartment, including such home occupations as that of a Physician, "� Surgeon, Dentist, or Musician, provided, such persons carrying on such customary home occupation, may do so in a dwelling or apart- ment used by him as a private residence, provided, no other person than the members of his own household are employed in such occupa- tion and no window display or sign more than forty square inches in area is used to advertise the same. A billboard, signboard or ad- vertising sign shall not be permitted as an accessory use. The placing of a "For Sale" or "For Rent" sign not more than eight square feet in area shall be permitted as an accessory use. During construction of a building, one sign advertising contractors or architects on such building shall be permitted, provided, such sign shall not be more than eight sq. ft. in area and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of such building. A drive- way or walk used for access to a use permitted in any other district shall not be permitted as an accessory use in District No. 1, nor shall any use permitted in any other district be permitted as an accessory use in District No. 1. HEIGHT AND AREA RESTRICTIONS. In District No. 1, the height of buildings, the minimum dimen- sions of yards and the minimum lot area per family permitted upon any lot shall be as follows: Ihr HEIGHT: No building hereafter erected or structurally altered shall exceed two and one -half stories or thirty -five feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than thirty per cent of the depth of the lot, provided, such depth need not be more than a total of 30 feet. FRONT YARDS: There shall be a front yard not less than twenty per cent of the depth of the lot; but such front yard need not be more than twenty -five feet. SIDE YARDS: There shall be a side yard on each side of a building not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shown by the last con- veyance of record at the time of the passage of this ordinance, there shall be a side yard on each side of such building of not less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjacent to the side street of not less than 50% of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to reduce the buildable width of a I 4 L corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided fur- ther, that the side yard regulations herein must be observed. 4 - 43 - Ordinance No. 38 - Page 8 • Accessory buildings on corner lots where interior lots have been platted on side streets, shall not project beyond the front yard line established on the side street, provided such line need not be more than twenty -five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved, or altered for residence purposes in District No. 1, shall provide a lot area of not less than five thousand square feet per family. DISTRICT NO. 2 Section 6. REGULATIONS. Second Dwelling House District. In District No. 2, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, moved, constructed or altered except for one or more of the following uses: Any use permitted in District No. 1, including the regulations as established therein for garages, servants' quarters and accessory buildings and uses, except that in District No. 2, no private garage shall provide space for storage for more than one vehicle for each fifteen hundred square feet of lot area. HEIGHT AND AREA RESTRICTIONS. • In District No. 2, the height of buildings, the minimum dimen- sions of yards and minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one -half stories or thirty -five feet except as provided herein. REAR YARD: The depth of the rear yard shall be not less than thirty per cent of the depth of the lot, provided, such depth need not be more than a total of thirty feet. FRONT YARDS: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty -five feet. SIDE YARDS: There shall be a side yard on each side of a build- ing not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shown by the last conveyance of record at the time of the passage of this ordinance, there shall be a side yard on each side of such building of not less than four feet; and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side 1 of the building not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjacent to the side street of not less than 50% of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of 1 - 44 - Ordinance No. 38 - Page 9 the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must be observed. Accessory buildings on corner lots where interior lots have been platted on side streets, shall not project beyond the front yard line established on the side street, provided such line need not be more than twenty -five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved, or altered for residence purposes in Dis- trict No. 2, shall provide a lot area of not less than twenty -five hundred square feet per family. DISTRICT NO. 3 Section 7. REGULATIONS. Apartment House District. In Dis- trict No. 3, no building, structure, land, or premises shall be used and no building or structures shall be hereafter erected, moved, constructed or altered except for one or more of the follow- ing uses: Any use permitted in District No. 2, including the regulations as established therein for garages, servants' quarters, and acces- sory buildings and uses, except that in District No. 3 no private garage shall provide space for storage for more than one vehicle for each one thousand square feet of lot area. Apartment Houses. Boarding Houses or Lodging Houses, but not Boarding and Lodg- ing Houses maintained for Student Use. Hospitals or Sanitariums other than for the insane or feeble minded. Philanthropic or eleemosynary use or institution other than a penal or correctional institution. Private Clubs, except clubs, the chief activity of which is a service customarily carried on as a business. Private or Parochial Schools, Colleges and Universities, Hotels and apartment hotels, including only such facilities as are customarily required for the operation of a hotel or apartment hotel or for the use of or entertainment of guests or tenants, and provided such facilities are conducted and entered from within the building and provided no window or other display or sign is used to advertise the same. The City Council may permit community garages in District No. 3, under the following limitations: 1. Such building shall be set back from the street line a distance of not less than ten feet greater than the building lines established by this ordinance. - 45 - Ordinance No. 38 - Page 10 2. No commercial vehicles shall be housed in such community garage. 3. Vehicles may be washed therein, but no commercial use of the premises shall be permitted. 4. Such building shall not provide space for the storage of more vehicles than the total number of vehicles permitted by this ordinance to be stored on the lots served by such garage. 5. Access thereto, if from the street, shall be by not more than one driveway. HEIGHT AND AREA RESTRICTIONS. In District No. 3, the height of buildings, the minimum dimen- sion of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed three stories or forty -five feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than twenty -five per cent of the depth of the lot provided such depth need not be more than a total of twenty -five feet. FRONT YARD: There shall be a front yard not less than twenty per cent of the depth of the lot, but such front yard need not be more than twenty -five feet. SIDE YARDS: There shall be a side yard on each side of a building not less than five feet in width, provided, that on a lot having a width of less than fifty feet as shown by the last convey- ance of record at the time of the passage of this ordinance there shall be a side yard on each side of such building of not less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such conveyance, there shall be a side yard on each side of the building not less than three feet. Buildings on corner lots where interior lots have been platted on side streets shall provide a side yard adjacent to the side street of not less than 50% of the front yard established for buildings on interior lots on the side street, provided, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot of record at the time of the passage of this ordinance to less than 65% of the total width of such lot, and provided further, that the side yard regulations herein must be observed. Accessory buildings on corner lots where interior lots have been platted on side streets, shall not project beyond the front yard line established on the side street, provided such line need not be more than twenty - five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in Dis- trict No. 3, shall provide a lot area of not less than one thousand square feet per family. - 46 - Ordinance No. 38 - Page 11 DISTRICT NO. 4 Section No. 8. REGULATIONS. First Business District. In District No. 4, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, moved, constructed or altered, except for one or more of the fol- lowing uses: Any use permitted in District No. 3. Automobile parking yards or spaces, when conducted as a busi- ness. Bank. Bakery employing not more than five persons. Cleaning, pressing and dyeing plant, employing not more than ten persons, provided that none except non- explosive cleaning fluids shall be used. Gasoline and oil filling stations, provided that no opening for the filling or emptying of gasoline storage tanks shall be permitted within one hundred feet of any use permitted in Districts Nos. 1, 2, or 3, or within one hundred feet of any boundary line of Districts Nos. 1, 2, or 3, when such boundary line is within the same block. Public garages. Golf Club or Golf Course, when operated for profit. Ice delivery stations, for storage and the sale of ice at retail only. Job printing, provided total mechanical power used in the operation of such printing plant shall not exceed five horse power. Hand laundry, employing not more than five persons. Theatre and moving picture show, and recreational clubs, Offices. Restaurant, cafe, or cafeteria. Studio. Stores and shops, for the sale of products at retail only. Shops for custom work or the manufacture of articles to be sold at retail on the premises, provided that in such manufacture total mechanical power shall not exceed five horse power for the operation of any one shop, and, provided that the space occupied - 47 - Ordinance No. 38 - Page 12 by the manufacturing use permitted herein shall not exceed fifty (50%) per cent of the total floor area of the entire building or the equivalent of the ground floor thereof, and, provided further, that such manufacturing use is not noxious or offensive by reason of vibration, noise or the emission of odor, dust, smoke or gas. Advertising signs, when the same are attached to a building and advertise only services, articles, or products which are offer- ed within the building to which such sign is attached, and provid- ed, that such signs shall not extend above the outside walls of such building; or more than one foot from the face of the wall of such building. No detached sign or billboards shall be permitted in District No. 4. HEIGHT AND AREA RESTRICTIONS. In District No. 4, the height of buildings, the minimum dimen- sions of yards and the minimum lot area per family permitted upon any lot shall be as follows: HEIGHT: No building hereafter erected or structurally altered shall exceed two and one -half stories or thirty -five feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than twenty -five per cent of the depth of the lot provided such depth need not be more than a total of twenty -five feet. FRONT YARD: In no case shall any building be erected, moved, or altered in District No. 4, unless the same shall be not less than fifteen (15) feet from the front lot line. It is required that of this setback ten (10) feet shall be provided for automobile parking purposes and that five (5) feet, adjacent to the building shall be sidewalk. But if the street width from lot line to lot line is more than eighty (80) feet then parking space need not be provided, although in all cases fifteen (15) feet setback will be required. SITE YARDS: There shall be a side yard on each side of a building used exclusively for residence purposes, not less than five feet in width, provided, that on the lot having a width of less than fifty feet as shown by the last conveyance of record at the time of passage of this ordinance there shall be a side yard on each side of such building of not less than four feet, and provided, that on a lot having a width of less than forty feet as shown by such convey- ance, there shall be a side yard on each side of the building not less than three feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in Dis- trict No, 4 shall provide a lot area of not less than one thousand square feet per family. - 48 - Ordinance No. 38 - Page 13 In District No. 4, no building used, designed or intended to be used for District No. 4 use shall be hereafter erected, moved, altered or structurally changed unless the outside walls thereof shall have a fireproof layer of brick, stone, tile, terra cotta or other non - combustible material on the outside of such walls, not less than four inches in thickness, and unless the roof on such building or structure shall be of tar and gravel, slate, tile or other composition roof; provided, that this provision shall not apply to buildings used, designed or intended for uses as enumer- ated herein for Districts Nos. 1, 2, and 3, which are constructed, erected, moved or altered in District No. 4. DISTRICT NO. 5 Section No. 9. REGULATIONS. Second Business District. In District No. 5, no building, structure, land or premises shall be used and no building or structure, shall be hereafter erected, moved, constructed or altered, except for one or more of the fol- lowing uses: Any use permitted in District No. 4. Awning Manufacture. Battery Station. Laundry, employing more than five persons. Manufacture of products to be sold at retail upon the premises, provided that mechanical power, not in excess of five horse power, is used in the operation of any one machine, and provided such use is not noxious or offensive by reason of the emission of vibration, smoke, dust, gas or noise. Ice Plants, milk pasteurizing, bottling or distributing of not more than sixty tons capacity per day, if operated by electrical power only. Storage in bulk or warehouse for such material as household goods, clothing, drugs, glass, dry goods, furniture, hardware, gro- ceries, lubricating oil, millinery, paint and paint materials, bottling works, lumber yard, building materials, wholesale house, rubber, shop supplies, tobacco, turpentine or varnish. Tire Shop. Wholesale Sales Rooms. HEIGHT AND AREA RESTRICTIONS. In District No. 5, the height of buildings, the minimum dimen- sion of yards and the minimum lot area per family permitted upon any lot shall be as follows: - 49 - Ordinance No. 38 - Page 14 HEIGHT: No building hereafter erected or structurally altered shall exceed eight stories or one hundred feet in height, except as provided herein. REAR YARD: The depth of the rear yard shall be not less than twenty -five per cent of the depth of the lot provided such depth need not be more than a total of twenty -five feet. FRONT YARD: In no case shall any building be erected, moved, or altered in District No. 5, unless the same shall be not less than fifteen (15) feet from the front lot line. It is required that of this setback ten (10) feet shall be provided for automobile parking purposes and that five (5) feet, adjacent to the building shall be sidewalk. But if the street width from lot line to lot line is more than eighty (80) feet then parking space need not be provided, although in all cases fifteen (15) feet setback will be required. SIDE YARDS: There shall be a side yard on each side of a build- ing used exclusively for residence purposes of not less than five feet in width, provided this width shall be increased one inch for each foot of height of building above thirty -five feet. LOT AREA PER FAMILY: Every building or portion of building hereafter erected, moved or altered for residence purposes in Dis- trict No. 5, shall provide a lot area of not less than four hundred square feet per family. In District No. 5, no building used, designed or intended to be used for District No. 5 use shall be hereafter erected, moved, altered or structurally changed unless the outside walls thereof shall have a fireproof layer of brick, stone, tile, terra cotta or other non - combustible material on the outside of such walls, not less than four inches in thickness, and unless the roof of such building or structure shall be of tar and gravel, slate, tile or other composition roof; provided, that this provision shall not apply to buildings used, designed or intended for uses as enumer- ated herein for Districts Nos. 1, 2, and 3, which are constructed, erected, moved, or altered in District No. 5; and provided further that any building erected, moved or altered in District No. 5, which is more than three stories in height shall be constructed entirely of fireproof material. Section 10. SPECIAL CLASSES. The following uses may be sit- uated in any district by special permission of the City Council and under the limitations for cases before such City Council as set forth in this ordinance so that the same shall conform to the general intent and purpose of the ordinance; and in any case in- volving any use as set forth in this section, it shall be the duty of the City Council to first determine whether such use would con - form to the general intent and purpose of this ordinance; provided, that such uses shall comply with the provisions of the district within which it may be situated, relating to height and area regu- lations. - 50 - Ordinance No. 38 - Page 15 Church. Amusement Park. Aviation Field. Billboard or detached sign. Crematory, for the disposal of the human dead. Cemetery. Dance Hall operated for profit. Hospital for insane or feeble minded, or penal correctional institution. Refuse Dump, Sewage or garbage disposal plant. Project House, student boarding or lodging house. Section 11. HEIGHT AND AREA EXCEPTIONS: The regulations and requirements as to height of buildings and area of lot which may be occupied by buildings, side yards, front yards, rear yards and other regulations and requirements as established in the foregoing sections of this ordinance, shall be subject to the following ex- ceptions and additional regulations. HEIGHT: (1) That in Districts Nos. 1, 2, 3, and 4, public or semi - public buildings, such as hospitals, sanitariums or schools, either public or private, may be erected to a height not exceeding sixty (60) feet, provided that such buildings shall be set back one additional foot on all sides for each additional foot such build- ings shall exceed the specified height limit as established by the regulations of the District in which such building is situated. (2) Dwellings in Districts Nos. 1 and 2 may be increased in height not exceeding ten (10) feet in addition to the limitations prescribed in such districts, provided that two side yards of not less than fifteen (15) feet in width, each, are provided. Ir no case shall such dwelling, however, exceed three stories in height. (3) Parapet walls shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, elec- tric display signs, elevator bulkheads, pent houses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, bell towers, spires, standpipes, false mansards and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted ordinances of the City of College Station, except that in Districts Nos. 1 and 2, no radio aerial support shall be erected - 51 - Ordinance No. 38 - Page 16 • more than five (5) feet above the height limitations of such dis- tricts and in no event shall extend more than five (5) feet above the ridge of a roof. (4) On through lots one hundred twenty -five (125) feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than one hundred twenty -five (125) feet in depth, the height regulations and basis of height measurements for the street permitting the greater height, shall apply to a depth of not more than one -hun- dred twenty -five (125) feet from that street. (5) For any building used jointly for business and residence purposes or industry and residence purposes, the number of families permitted by the lot area requirements per family shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided, that floor area below the first floor of such building shall not be included in any calculation under this provision. (6) For any building providing jointly for hotel and apart- ment house uses, the number of families permitted in apartments by the lot area requirements per family shall be reduced in the same proportion as the total floor area devoted to hotel or non-house- keeping use bears to the total floor area devoted to both uses. Section 12. SIDE AND REAR YARD EXCEPTIONS: (1). Buildings on through lots in Districts Nos. 1, 2, and 3, where such lot is two hundred (200) feet or more in depth, shall provide an equiva- lent open space in lieu of the required rear yard, provided, that in any case where the rear lot lines are continuous through the block, if a through lot is secured by combining any two or more non - through lots and their common rear line is eliminated or built over, any building on such through lot shall provide a court above the level of the first story open and unobstructed the full width of the lot and for the full distance between the projected minimum rear yard lines. It is the purpose of this regulation to secure adequate ventilation for the interior of the block. (2). In computing the depth of a rear yard for any building where such yard abuts upon an alley, one -half of such alley may be assumed to be a portion of the yard. (3). The area required in a yard at any given level shall be open from such level to the sky, unobstructed except for the custom- ary projections of sky lights and parapets above the bottom of such yard, and except for the ordinary projections of window sills, belt courses, cornices or other ornamental features not exceeding four (4) inches; provided, that if the building is not more than thirty - five (35) feet in height, such cornice may project not more than two and one -half (24) feet into such yard; and, provided further that one story porches with three unenclosed sides, may project into a rear yard not to exceed eight (8) feet; and, provided, that within five (5) feet of the street wall a cornice may project not more than three (3) feet into such yard. - 52 - Ordinance No. 38 - Page 17 • (4). An open fire escape may project not more than four (4) feet into a side or rear yard. Solid floored balconies and enclosed fireproof outside stairways may project not more than four (4) feet into a rear yard. (5). In any district, an accessory building, not exceeding twenty -four (24) feet or two stories in height or in any case higher than the main building, may occupy not more than thirty (30%) per cent of the rear yard, except that in Districts 4 and 5, if such building is not more than one story or sixteen (16) feet high, it may occupy forty (40%) per cent of the rear yard. (6). Buildings in Districts 4 and 5 used wholly or partially for business or industrial purposes need not provide a side yard, and on corner lots need not provide a rear yard within fifty feet of a side street, provided, that there shall be a rear yard on the ground level for any lot that has a rear line adjoining property within Districts Nos. 1, 2, or 3, and, provided that portions of such buildings which are designed or used for living purposes shall provide on any floor open space equivalent to the area of side and rear yards required in the district in which such building is situ- ated. Such open space may be in the form of additional front or rear yards or one or more courts opening to the street or rear yard; provided that • (a) No court shall have a width less than ten (10) feet nor less than one - fourth (4) of its length, nor a width of less than two and one -half inches for each foot of height of the court. (b) That the width of any portion of a required side yard as provided in this ordinance may be considered a part of such court. (c) For buildings on corner lots, the total open space re- quired by this section may be reduced by ten (10%) per cent of the lot area. (7). In Districts Nos. 1, 2, and 3, where buildings on adjoin- ing lots do not conform to the side yard requirements of this ordi- nance, the City Council may vary the side yard requirement in accordance with the limitations upon the powers of the Council as established in this ordinance; provided that no building may be built nearer than three (3) feet to the side lot line and providing that the width of the building allowable under the regulations of this ordinance may not be increased. (8). No provision of this ordinance shall be so interpreted to shut off any essential lighting or ventilation of a building which is secured by windows or other openings which are on the lot line and open upon such adjoining lot. It is the purpose of this regulation to secure permanently healthful conditions within such building and to prevent the closing up of any necessary windows therein through the lawful erection against them of a building upon such adjoining lot. - 53 - Ordinance No. 38 - Page 18 Section 13. FRONT YARD EXCEPTIONS. (1). In Districts 1 to 3 inclusive, where the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards which do not conform to the provisions of this ordi- nance, or where the configuration of the ground is such that con- formity with the front yard provisions of this ordinance would work a hardship, the City Council may permit modifications of the front yard requirements applicable to the remaining frontage upon the same side of such street between such intersecting streets. (2). In Districts Nos. 1 to 3 inclusive, where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than are required by this ordinance, no other lot upon the same side of such street between such inter- secting streets, shall be occupied by a building with a front yard of less than the least depth of any such existing front yards, unless by permission of the City Council subject to the rules and regulations established in this ordinance. (3). No cornice shall project over the street line more than five (5 %) per cent of the width of such street and in no case more than four (4) feet. • (4). No advertising sign, billboard or display board shall project over the street line more than five (5 %) per cent of the width of the street and in no case more than four (4) feet. (5). One -story porches with three unenclosed sides, steps, ornamental projections and balconies may project into the designated front yard not to exceed ten (10) feet. Section 14. ACCESSORY USES: A driveway or walk to provide access to premises in one district shall not be permitted in a district of a higher classification. Buildings or structures or uses which are accessory to the use permitted in one district shall not be permitted in a district of a higher classification. Section 15. NON - CONFORMING USES. The lawful use of land ex- isting at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, but if such non - conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance. The lawful use of the building existing at the time of the ® passage of this ordinance may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance, are made therein. If no struc- tural alterations are made, a non - conforming use of a building may - 54 - Ordinance No. 38 - Page 19 • be changed to another non - conforming use of a more restricted classification. A non- conforming use may not be changed unless changed to a higher use. A non - conforming use if changed to a conforming use or more restricted, non - conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If any property is hereafter transferred to a more restrictive dis- trict by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification by amendment to this ordinance, the pro- visions of this ordinance relating to the non - conforming use of the building or premises existing at the time of the passage of this ordinance, shall apply to buildings or premises occupied or used at the time of the passage of such amendment. A building arranged, designed or devoted to a non - conforming use at the time of the passage of this ordinance, may not be re- constructed or structurally altered to an extent exceeding in aggregate cost, during any ten -year period, 60% of the assessed value of the building. Section 16. CONS LETION AND RESTORATION OF EXISTING BUILDING. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building • permit has been heretofore issued, and plans for which are on file with the City at the time of the passage of this ordinance and the construction of which in either case, shall have been diligently prosecuted within one year of the date of such permit, and the ground story framework of which including the second tier of beams, shall have been completed within such year and which entire build- ing shall be completed according to such plans as filed, within two years from the date of the passage of this ordinance. Nothing in this ordinance shall prevent the restoration of a non - conforming building partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this ordinance, or prevent the continuance of the use of such building or part thereof, as such use existed at the time of such destruction of such build- ing or part thereof, or prevent a change of such existing use under the limitation provided herein, provided, such building is not de- stroyed to the extent of more than sixty (6O%) per cent of its reasonable valuation. This ordinance shall prevent the restoration of such non - conforming building so damaged more than sixty (60%) per cent of the reasonable valuation, and shall prevent the con- tinuance of the use of such building or part thereof as such use existed at the time of such damage, and shall prevent a change of such existing use under the limitations provided by this ordinance. The provisions of this ordinance shall not apply to prevent the extension of any building, existing in any district at the time of the ad. of this ordinance, to the height which the walls, • foundation and framework of such existing building originally were intended, designed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted - 55 - Ordinance No. 38 - Page 20 • by this paragraph shall have been duly commenced within ten years from the date of the adoption of this ordinance. Section 17. INTERPRETATION - PURPOSE. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. It is not intended by this ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinances or any rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this ordinance to interfere with or abrogate or annul any easements or covenants between parties; provided, however, that where this ordinance im- poses a greater restriction upon the use of buildings or premises than are imposed by such existing provisions of law or ordinance or by such rules or regulations or by such easements, covenants, or agreements, the provisions of this ordinance shall control, and where the provisions of such easements, covenants or laws impose greater restrictions upon the use of buildings or premises, such provisions of such easements, covenants or laws shall not be in- terfered with by any of the provisions of this ordinance. Section 18. AMENDMENTS. The City Council may, from time to time, on its own motion or on petition, after public notice and hearings thereon as provided herein, amend, change, modify or • repeal the regulations and restrictions as established herein and may change, restrict or extend the boundaries of the various dis- tricts established herein. Before taking any action upon any pro- posed amendment, modifications, change, restriction or extension, the same shall be referred by the Council to the Zoning Commission for report and recommendation. Section 19. PROTEST. Any proposed amendment, change, modifi- cation or repeal of the regulations and restrictions established herein, or any restriction or extension of the boundaries of the districts established herein which has failed to receive the ap- proval of the Zoning Commission, shall not be passed except by favorable vote of four members of the Council. If a protest against such amendment, change, modification, repeal, restriction or exten- sion shall be presented, signed by the owners of 20% or more, either of the area of the land included in such proposed change, or by the owners of 20% or more of the area of the land within 200 feet of such proposed change, or separated therefrom only by a highway, boulevard, parkway, street or alley, such amendment shall not be passed, except by a favorable vote of four members of the Council. Section 20. NOTICES OF RE- DISTRICTING. Whenever after the procedure, as provided herein, has been complied with, an ordinance shall be introduced before the Council to reclassify any portions of said City into one of the districts hereinbefore specified, then the City Secretary of said City shall immediately after the intro- duction of said ordinance cause to be conspicuously posted along the streets within the district affected by said ordinance, notices - 56 - Ordinance No, 38 - Page 21 IL, the introduction of said ordinance. At least fifteen days notice � of the time and place of such hearing shall be published in the of- ficial paper of the City of College Station. Section 21. COUNCIL TO GIVE NOTICE OF HEARING. Said notices of hearing shall be headed: "Notice of Re- districting" in letters not less than one inch in height and shall in legible characters state the fact of the introduction of said ordinance, its date and the class of district within which said ordinance proposes to in- clude the territory. Said notice shall also contain a statement of the day and place when and where any and all persons having any ob- jections to the proposed re- districting may appear before the Council, and show cause why said proposed re- districting should not be carried out in accordance with said ordinance. The Council shall at the time of the introduction of said ordinance cause notice to be entered at large upon its minutes stating the said hour and date of hearing protests, and the City Secretary shall publish a notice of said hearing in a local daily newspaper of general circu- lation, designated by resolution for that purpose, to be published at lease three (3) times, the first publication of which shall not be less than fifteen (15) days prior to the date fixed for the hear- ing, which notice shall be in addition to the notice provided for in Section 20 of this ordinance. If said ordinance shall not affect, change, diminish or extend the boundaries of the districts establish- ed herein but shall affect only changes, modifications or repeal of any of the regulations or restrictions within the district as estab- lished herein, then the publication of said notice shall be deemed sufficient without the posting of notices as provided herein. Section 22. WRITTEN OR ORAL PROTEST. At any time not later than the hour set for hearing objections to the proposed re-dis- tricting any owner of property within the proposed district or within the district defined herein, may make written protest against the proposed re- districting. Such written protest shall be filed with the City Secretary at or prior to the hour set for hearing protests. At the time set for hearing protests the Council shall proceed to hear and pass upon all protests made, either oral or writ- ten and its decisions shall be final and conclusive. Section 23. ENFORCEMENT. It shall be the duty of the City En- gineer to enforce the provisions of this ordinance and to refuse to issue any building permit for any building or structure which would violate any of the provisions hereof, and the said City Engineer or any deputy or inspector, by and with the consent of the City Engi- neer is hereby authorized and instructed to bring to the attention of the proper official or officials of this City any violations of any of the terms of this ordinance in order that the aforesaid of- ficial or officials may institute appropriate action to prevent such unlawful erection, maintenance, construction, re- construction, al- teration, repair, conversion or use, to restrain, correct or abate such violation and to prevent any illegal act, conduct or use on or about such premises. - 57 - Ordinance No. 38 - Page 22 Section 24. PERMITS. No permit for the erection, alteration, removal, construction, re- construction, conversion, use or main- tenance of any building or premises shall be issued by the City Engineer unless there shall first be filed in his office by the applicant therefore, a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lot to be occu- pied, the dimensions and location on the lot, of the building to be erected, moved, altered, repaired, maintained or used, with meas- urements in feet and inches from all lot lines to all foundation lines of building, together with a true statement, in writing, signed by the applicant, showing the use for which such building or premises is arranged, intended or designed, and the location and dimensions of all driveways, sidewalks, steps, porches and ac- cessory buildings or structures, and no permit shall be issued by said City Engineer unless such plan shall show in all details that such building, structure or premises is to be constructed, erected, maintained or used in conformity with all the provisions of this ordinance. A record of such applications and plans shall be kept in the office of the City Secretary. Failure of any applicant or of his agents, servants, or employees to construct, alter, move or maintain any buildings, structures or premises in conformance with such plans on which such permit is issued, when such failure con- stitutes a violation of any provisions of this ordinance, shall render such permit void, and the City Engineer is hereby authorized and directed to revoke any such permit by giving written notice to • the applicant or his agents, servants or employees and all of work upon such buildings, structures or premises shall be immediately discontinued on the serving of such notice until such buildings, structures or premises shall be changed so as to comply with such plans and permit. Section 25. ZONING COMMISSION. A Zoning Commission shall be created consisting of a chairman and four members, said chairman and members to be nominated by the Mayor and approved by the City Council. Said Zoning Commission shall hold office for three years. Vacancies shall be filled by nomination of the Mayor and approval by the City Council. Section 26. POWERS AND DUTIES OF THE ZONING COMMISSION. The Zoning Commission shall recommend the districts and boundaries to the City Council in conformity with the laws of the State of Texas. All proposed changes in the boundaries, regulations, or restric- tions governing the zoning plan shall be submitted by the City Council to the Zoning Commission for its recommendation concerning such proposed changes before action is taken thereon. Such recom- mendations shall be submitted to the City Council within a period of not more than 30 days of receipt of notice of such proposed change. Changes may also be proposed by the Zoning Commission upon its own initiative; and such changes shall be formally acted upon by the City Council within 30 days of receipt by the City Secretary. . Section 27. POWERS AND DUTIES OF THE CITY COUNCIL. The City Council shall define district, boundaries, regulations, and re- strictions in such manner as provided by the laws of the State of - 58 - Ordinance No. 38 - Page 23 Texas. Proposed changes in the boundaries, regulations, or restric- 40. tions shall be submitted to the Zoning Commission as provided in Section 26. Said changes shall not be made until after a public hearing in relation thereto, held by the City Council, after at least 15 days notice of the time and place of said hearing published in an official paper, or a paper of general circulation, in the mu- nicipality. In case the Zoning Commission shall recommend against the proposed change, or if the owners of 20% of the area or more either of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 200 feet there- from, or of those directly opposite thereof extending 200 feet from the street frontage of such opposite lots shall object, such amend- ment shall not become effective except by the favorable vote of the members cf the City Council. Section 28. INVALIDITY OF A PART. In case any portion of this ordinance shall be held to be invalid or unconstitutional, the remainder of the ordinance shall not thereby be invalid but shall remain in full force and effect. Section 29. PUBLIC UTILITIES EXEMPTED. Nothing in this or- dinance shall be construed to apply to telephone buildings, struc- tures, tracks, terminal buildings, railway rights -of -way, gas or electric sub - stations or other public utilities when such build- ings, structures or uses are designed, intended and used exclusive- ly for public utility purposes. It is intended by this provision to exempt the use of property owned or controlled by public utility companies; provided, such use is exclusively for public utility purposes; such property shall, however, be subject to all the re- strictions and regulations of this ordinance relating to uses other than such public utility use. Passed and approved this the 22nd day of January, 1940. APP ROVED : S/ J. H. Binnev Mayor ATTEST: S /Sidney L. Loveless City Secretary - 59 - ORDINANCE NO. 38b FIRE LIMITS ORDINANCE Be it ordained by the City Council of the City of College Station, Texas, as follows: SECTION 1. FIRE LIMITS: The following shall be and are here- by declared to be the fire limits: All the area designated and re- ferred to as 'No. 1 Business Area' in Ordinance No. 38 of this city, entitled, "AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS OR THE GENERAL WELFARE BY REGULATING AND RESTRICTING THE DENSITY OF POPULA- TION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY OR OTHER PURPOSES AND BY REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUC- TURES: THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED: THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, ALL IN ACCORDANCE WITH A COM- PREHENSIVE PLAN: CREATING AND DEFINING THE POWERS OF THE ZONING COMMISSION; PROVIDING RUT,ES OF PROCEDURE BEFORE THE ZONING COMMISSION; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR VIOLATION HEREOF." Passed and approved the 22nd day of January, 1940. No. 1 Business Area further shown on a map accompanying and being a part of aforesaid ordinance. SECTION 2. PERMITS AND INSPECTIONS: No wall, structure, building, or part thereof, shall hereafter be built, enlarged, or altered, until a plan of the proposed work, together with a statement of materials to be used, shall have been submitted to the City Engineer, who shall, if in accordance with the provisions herein contained, issue a written permit in triplicate for the proposed work. Permits to be kept on file with the City Secretary. Structures hereafter erected without a permit, or not in con- formity with this ordinance, shall be removed. No building shall be moved from without to within the fire limits, nor from one location to another within the fire limits until a permit shall have been issued therefor. No permit shall be issued unless such construction is in accordance with this ordinance. The designated Building Inspector shall inspect, as often as practical, construction in progress to see that all provisions of this ordinance are being complied with. All plans and specifications submitted to the City Engineer, shall comply with all city ordinances of the City of College Station, Texas, and with Article 3271A of the Revised Civil Statutes of the State of Texas. ..o - 60- Ordinance No. 38b - Page 2 SECTION 3. CONSTRUCTION REQUIRED WITHIN THE FIRE LIMITS: No building or structure of wooden, ironclad (whether on wood or metal supports), stucco, or veneer type construction, or any building whose walls contain wood supports, shall be permitted except as indicated in Section 4. No building shall hereafter be built, enlarged, or altered, except in accordance with this ordinance. The thickness of walls shall be not less than as given below: Brick walls shall be not less than 12 inches thick, except that small one -story buildings with floor areas of 750 square feet or less may have walls 8 inches thick. Reinforced concrete walls may be three - fourths of the thickness of brick walls, but in no case less than 8 inches. Hollow building tile may be used as filler walls provided such walls be supported on reinforced concrete beams and footings, and by adequate reinforced concrete or brick pillars or columns spaced not more than 16 feet apart; walls to be not less than 12 inches thick. Small one -story buildings of less than 500 square feet floor area may have walls of 8 inch hollow building tile. Solid stone walls shall be 4 inches thicker than brick walls for like construction. SECTION 4. FRAME BUILDING IN FIRE LIMITS: The following frame structures are permissible in the fire limits: a. Temporary one -story frame buildings for the use of builders. b. Wooden fences not over 8 feet high without roof or cover. SECTION 5. ROOFS. All buildings or structures hereafter con- structed in the fire limits shall have incombustible roof coverings. No roofing on an existing roof shall be renewed or repaired to a greater extent than 1r: of the roof surface, except in conformity with this ordinance, and in no instance shall more than one permit be issued each existing building in any one year. SECTION 6. REPAIRS AND ADDITIONS: Any existing building within the fire limits which may hereafter be damaged by fire, decay, or otherwise, to an amount greater than 50% of its present value, exclu- sive of the foundation, shall not be repaired or rebuilt, but shall be removed. Extensions, remodeling, or additions to existing buildings shall not be considered as repairs, and shall not be permitted except when conforming with Section 3 of this ordinance. - 61- Ordinance 38b - Page 3 SECTION 7. ARBITRATION: Whenever an application for permit to repair any existing building already located within the fire limits is made by any person or firm, and the City Council and the applicant disagree on the extent of repairs to be made, and a permit is denied by the designated Building Inspector, then the City Council shall appoint a competent and disinterested person, and the applicant shall appoint a competent and disinterested person, which said two persons so appointed shall select a third member, and these said three persons shall appraise the building, examine the plan of the proposed work, and the statement of materials and labor to be used in the repairing or rebuilding of said building, and make a signed written report of their findings to the City Council. If such report reflects clearly that said rebuilding or repairing would be a violation of this ordinance, then such application for permit shall be denied by the City Council, and if such report reflects that the person seeking said permit has complied with said ordinance, and the requested rebuilding or repair- ing is not in violation of said ordinance, then said City Council or Commission shall issue a permit for the proposed rebuilding or re- pairing. SECTION 8. VALIDITY OF ORDINANCE: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid or unconstitu- tional. SECTION 9. FEES: Fees for building permits required by this ordinance shall be as follows, and shall be paid to the City at the time the written request for permit is filed. Cost of Operation Building Permit Fee $ 50 to $ 250 $ 1.00 251 to 1000 2.00 1001 to 3000 3.00 3001 to 5000 5.00 5001 to 7500 7.50 All Over 7500 10.00 Plumbing inspection fees $2.00 per trip with two inspections required. Electric inspection fees 52.00 per trip with two inspections required. Accompanying each permit there shall be one complete set of plans and specifications which shall remain in possession of the city. - 62- Ordinance No. 38b - Page 4 SECTION 10. PENALTIES: Violation of any of the provisions of this ordinance shall be punishable by a fine of not over $100 per day of violation, and each day of violation shall be considered as a sep- arate offense. I hereby certify that this is a true and correct copy of an Ordinance passed by the City Council of the City of College Station, Texas, on the 22nd day of August, 1940. APPROVED: S/Frank G. Anderson Mayor ATTEST: S /Lucv L. Sneed Asst. City Secretary - 63 - ORDINANCE NO. 45 AN ORDINANCE REQUIRING A BUILDING PERMIT: PROVIDING METHOD OF APPLYING FOR AND ISSUING SAME, PROVIDING LIMITATIONS ON USE OF SUCH PERMITS, AND PROVIDING PENALTIES FOR VIOLATIONS. SECTION I. It shall be unlawful for any person, firm or corpor- ation to erect, move, extend, enlarge, convert, reconstruct, struc- turally alter or to demolish any building or structure upon land situated within the boundaries of the city, and to use land in connection with such building or structure, without first having obtained a Building Permit for such operation and use from the city. SECTION II. Application for a Building Permit shall be mada on a form provided for that purpose by the city, to which application shall be attached and made a part thereof such plans, specifications and other information as are indicated on the application form, The application shall also be accompanied by the proper fee as indicated below, based upon the estimated cost of the proposed operation to be carried out, and said fees shall be used solely for the purpose of enforcing and carrying out the provisions of this ordinance. Cost of Operation Building Permit Fees $ 50 to 250 $ 1.00 251 to 1000 2.00 1001 to 3000 3.00 3001 to 5000 5.00 5001 to 7500 7.50 All Over 7500 10.00 SECTION III, An application shall be examined by the City Engineer. If said officer finds the proposed building or structure and use of land in connection therewith to be in conformity with the provisions of the Zoning Ordinance or Ordinances of the city applicable to the district wherein the building or structure is to be situated, he shall make endorsement to that effect upon the application and attached plans specifications and other material, following which he shall issue the Building Permit. SECTION IV. It shall be unlawful to use a Building Permit for any house or structure when the plans, specifications and representa- tions made in applying therefor have been materially altered, departed from, or changed. SECTION V. This ordinance shall not be applicable to repairs on buildings or structures, situated outside of Districts 4 and 5, which such repairs cost less than the sum of fifty ($50) dollars. - 64 - Ordinance No. 45 - Page 2 • SECTION VI. Violation of each section of this ordinance shall constitute a separate offense and shall be punishable by a fine of not to exceed one hundred 3100) dollars. Each day a viola- tion of any section of this ordinance continues shall constitute a separate offense. Passed and approved this the 2nd day of April, 1940. APPROVED: S /J. H. Binney Mayor ATTEST: S /Sidney L. Loveless City Secretary - 65 - ORDINANCE NO. 47 BE IT ORDAINED by the City Council of the City of College Station, Texas: 1. It is hereby provided that there shall be a city officer to be known as Deputy City Secretary. 2. The City Council shall approve the appointment of the Deputy City Secretary and shall determine his compensation and tenure. 3. The Deputy City Secretary shall assist, and may act in the name and stead of, the City Secretary in the discharge of the duties and powers of his office. Passed and approved this 25th day of April, 1940 A. D. APPROVED: S /Frank G. Anderson Mayor ATTEST: • S /Lucy L. Sneed Asst. City Secretary - 66 - ORDINANCE N0. 48 AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF SEPTIC TANKS. Be it ordained by the City Council of the City of College Station, Texas: Section 1. All buildings having plumbing systems that discharge into the city sewers shall be served by septic tanks, provided that in certain areas where complete sewage treatment is given at the sewage treatment plant, individual septic tanks will not be required. Section 2. Said septic tanks shall have capacities and dimensions as follows: Persons Served Capacity Gallons Inside Dimensions, Feet Length, Width, Depth 6 or less 540 6 3 5 7 to 10 630 7 3 5 11 to 14 720 8 3 5 15 t o 20 1100 9 4 5 21 to 24 1200 10 4 5 Section 3. Tanks shall be constructed of concrete and shall be baffled by use of cast-iron tees for entrance and outlet pipes. Of the designated depth one foot shall be freeboard above the water line. The tank shall have a cover arranged in sections for easy removal and cleaning of the tank. Section 4. Each lot or premise having a sewer connection must have a septic tank except as herein otherwise provided, but it is permissible to serve two or more buildings located upon the same lot with one septic tank. Section 5. Plans for septic tanks must be approved by the health officer or his representative before a building permit will be issued by the City Engineer and the tank, after- construction, must be inspected and approved by the health officer or his representative before connection is made between the plumbing system of the building or buildings it serves and the city sewers. Section 6. Tanks that serve buildings housing more persons than listed in Section 2 or business or manufacturing buildings or other buildings not residences, shall have capacities as required by the health officer or his representative. Section 7. All Septic tanks which discharge sewage into the sewers of College Station shall be cleared of all sludge and - 67 - Ordinance No. 48 - Page 2 • scum at intervals of not less than two years. Such sludge and scum shall be disposed of in such manner that it will not con- stitute a nuisance or a menace to health. Section 8. Violation of Section 7 of this ordinance shall be punishable by a fine not to exceed twenty -five ($25.00) dollars, Passed and approved this 25th day of April, 1940 A. D. s /Frank G. Anderson Mayor s /Lucy L. Sneed Asst. City Secretary • - 68 - ORDINANCE NO. 49 • AN ORDINANCE PRESCRIBING THE DUTY OF ALL PEDESTRIANS AND OPERATORS OF VEHICLES WHEN FIRE ALARMS OR SIRENS OF FIRE TRUCKS, AMBULANCES AND POLICE CARS HAVE SOUNDED, AND PRESCRIBING A PENALTY. Be it ordained by the City Council of the City of College Station, Texas: 1. When a fire alarm has been sounded, any person operating a vehicle upon the streets shall immediately bring such vehicle to the right hand side of the street, and proceed slowly; or if walking upon the streets shall immediately proceed to the sidewalk. 2. Upon hearing the warning of the approach of a fire truck, ambulance, or police car, any person who is walking upon a street shall immediately proceed to the sidewalk, and any person who is operating any vehicle of transportation shall immediately drive same to the right hand curb and park until such fire truck, ambulance, or police car has passed. 3. The fire marshal is hereby authorized to establish fire lines during any fire, and exclude all persons other than those authorized to assist in extinguishing the fire or the owners or occupants of the burning property from within such lines. 4. No person except as provided in Section 3 above shall cross a fire line established by the fire marshal. 5. Violation of each section of this ordinance shall constitute a separate offense and be punishable by a fine of not less than five ($5) dollars nor more than fifty ($50) dollars. APPROVED: S /Frank G. Anderson Mayor ATTEST: S /Lucy L. Sneed Asst. Secretary - 69- ORDINANCE NO. 52 AN ORDINANCE to establish the office of Electrical Inspection in and for the City of College Station, to regulate and define the duties of such office and to establish rules and regulations con- cerning the installation, operation and maintenance of electric wiring and apparatus, to fix penalties for the violation of its provisions and repealing all laws in conflict therewith. BE IT ORDAINED by the City Council of the City of College Station, Texas: SECTION 1. The office of Electrical Inspector in and for the City of College Station, is hereby created and said office shall be filled by appointment by the Mayor, by and with the consent of the Council within sixty days after the passage and publication of this ordinance, and said Electrical Inspector shall hold office during good behavior and shall not be removed except for failure properly to perform his duties as prescribed in this ordinance or any ordinance or part of the ordinance regulating electric wires or apparatus now in force or which may be adopted. Said Electrical Inspector shall be a per - son well versed in the rules and requirements of the National Electric Code. Before assuming authority conferred by this ordinance the Elec- trical Inspector shall take oath usually administered to other city officials, and shall give bond to the City of College Station in the penal sum of One Thousand Dollars ($1,000.00) conditioned upon the faithful performance of his duties. SECTION 2. Every corporation, co- partnership, association or indi- vidual owning or operating a line of wires over streets, alleys or buildings in this city, shall use only wires that are suitable and strong; shall suitably and safely attach them to strong and sufficient supports and insulate them at all points of attachment; shall remove all wires abandoned for use; shall suitably insulate every wire where it enters a building, and, if such wire is other than a wire designed to carry an electric light or power current, shall attach to it at suitable and convenient points in the circuit calculated to prevent danger from fire and near the place of entering the building, an appliance calculated to prevent at all times a current of electricity of such intensity or volume as to be capable of injuring electrical instruments or causing fire from entering the building by means of such wire beyond the point at which such appliance is attached. SECTION 3. No corporation, co- partnership, association or individual shall engage in the business of installing electric wiring and appara- tus within any building in the City of College Station for use in con- nection with electric light or power unless he shall have a "Master Electrician's License" to engage in such business, said license to be issued in the following manner: An examining board shall be appointed by the Mayor to consist of the city engineer as chairman and two other persons, one of whom shall be an electrician, these two persons to hold office at the pleasure of the Mayor. The examining board shall receive applications for licenses and examine the applicants in such manner as it may see fit. If a majority of the board favors granting of a li- cense, the chairman shall so certify to the city secretary who shall then, after payment of the fees specified in Section 4, issue a license to the applicant. -72- Ordinance No. 52 - Page 2 SECTION 4. No "Master Electrician's License" shall be issued ex- cept upon payment of a fee of Fifteen Dollars ($15.00) to the City Secretary, together with the filing of a bond of Five Hundred Dol- lars ($500.00) conditioned upon compliance with the ordinance of the city regulating electric wiring and apparatus and the faithful per- formance of all contracts inside any building for use in connection with electric light, heat, or power. The license shall be renewed each year after date of issue upon payment of Five Dollars ($5.00). SECTION 5. Any failure on the part of the holder of a "Master Elec- trician's License" to comply with the provisions of any ordinance of the City regulating electric wiring and apparatus or to faithfully carry out the conditions of a contract for installing electric wiring and apparatus shall be deemed sufficient cause for revoking said "Master Electrician's License" together with all rights and privi- leges thereunder and the forfeiture of the bond filed pursuant to the requirements of Section 4 of this ordinance. The City Secretary is hereby authorized to refuse to issue a "Master Electrician's License" to any previous holder or one which has been revoked or any corporation, co- partnership, association or individual with which said holder is associated. SECTION 6. The amount realized upon the forfeiture of any bond over and above the expense involved in its forfeiture shall be expended in making the necessary changes in the electric wiring and apparatus found to be contrary to the provisions of this ordinance or deficient in quality or other particulars as specified in the contract or con- tracts entered into and covered by the bond, and the unused balance, if any, shall be paid into the City Treasury. SECTION 7. All wiring for electric light or power hereafter in- stalled in churches, theatres, other places used for public gather- ings and all buildings within the fire limits in the City of College Station shall be installed in suitable approved metallic conduits, and all such wires hereafter installed in unfinished basements in all buildings other than dwellings designed for the occupancy of not more than three families, shall be likewise placed in similar conduits. SECTION 8. It shall be the duty of the Electrical Inspector to enforce the provisions of this ordinance or any ordinance now in force or which may hereafter be adopted concerning electric wiring or apparatus. SECTION 9. No wire or wires shall be installed, operated or main- tained over any street, alley, sidewalk, or buildings in this city which shall be liable to seriously interfere with the work of the Fire Department in the use of ladders or other apparatus, or which shall obstruct or render hazardous the use of fire escapes, and on complaint of the Fire Chief, said obstruction interfering or hazardous wires shall be removed or properly rearranged. SECTION 10. Wherever possible and expedient signal wires shall not be carried on the same pole with or in dangerous proximity to high potential electric light or power wires and where a joint occupancy pole line composed of these two classes of system is necessary, or - 73 - Ordinance No. 52 - Page 3 where the routine traversed by these systems cross each other, the high potential electric light or power wires shall be placed and maintained not less than four feet above every signal wire, and where it is impossible to provide for such a separation it shall be the duty of the Electrical Inspector to arrange and enforce an equitable and safe alternative plan. SECTION 11. The said Electrical Inspector shall make a thorough inspection of all electric wires and apparatus within the City of College Station at least once in each year, and where wires or apparatus are in dangerous or unsafe condition, or are deemed to be an interference with the work of the Fire Department, he shall notify the person, firm or company owning, using or operating them to place them in a safe, secure and non - interfering condition. Any corporation, co- partnership, association or individual or agent thereof failing, neg- lecting, or refusing within a reasonable time to make the necessary work completed within a reasonable time after the receipt of said notice, shall be deemed guilty of violation of this ordinance and every day which shall elapse after the expiration of said reasonable time until said wires and apparatus are repaired, removed or changed as required by said Electrical Inspector, shall be considered a separate offense within the intent and meaning of this ordinance. SECTION 12. The Electrical Inspector by and with the consent of the Mayor and City Council shall have the power to deputize one or more assistants, and each one of said assistants shall in every case be • known to be competent to discharge the duties of Electrical Inspector and the rights and privileges conferred upon the Electrical Inspector are hereby conferred upon each assistant to the Electrical Inspector when properly appointed. SECTION 13. The said Electrical Inspector or competent assistant appointed by him shall have the right during reasonable hours to enter any building, manhole or subway in the discharge of his of- ficial duties, or for the purpose of making any test of the elec- trical apparatus or appliances therein contained, and for that pur- pose he shall be given prompt access to all buildings, private or public, and to all manholes and subways in application to the company or individual owning or in charge or control of same. SECTION 14. The words or terms "Electrical Wiring and Apparatus" as used in this ordinance shall be construed to include all materials, devices, machinery, appliances, appurtenances or conductors used in connection with the production of electric lights, heat or power or the transmission of electrical signals except where specifically limited to one or more of them and then only as specifically limited. SECTION 15. The Electrical Inspector shall decide all questions not provided for in this ordinance pertaining the installation, operation or maintenance of electric wiring and apparatus. SECTION 16. All electric signs shall be erected under the supervision of the Electrical Inspector. - 74 - Ordinance No. 52 - Page 4 • SECTION 17. No corporation, co- partnership, association or indi- vidual or agent thereof shall hereafter conceal or cause to be concealed any electric wiring or apparatus mentioned in this or- dinance except with the express permission of the Electrical Inspector and he is hereby authorized and directed to remove any flooring, lathing or plaster, sheet metal or other material which may conceal any electric wiring or apparatus contrary to the pro- visions of this ordinance. On completion of the inspection of any electric wiring or apparatus designed to be concealed and found to be in full com- pliance with the provisions of this ordinance, it shall be the duty of the Electrical Inspector to post a notice to that effect at the main cutout center, and said notice shall be considered as an express permission to conceal said electric wiring and appara- tus, but no concealment shall take place until such notice has been posted by the Electrical Inspector. SECTION 18. The chief Engineer of the Fire Department or said Electrical Inspector, or a competent person delegated by them or either of them shall have the power to at once cause the removal of all wires, or the turning off of all electric current where the circuits interfere with the work of the Fire Department during the progress of a fire. The said Electrical Inspector is hereby author- ized and empowered to cause the turning off of electric current from all conductors or apparatus which are deemed by him to be in an un- safe condition or which have not been installed in conformity with the provisions of this ordinance and from which the said Electrical Inspector has caused the electric current to be turned off. SECT L N 19. No alteration or change shall be made in the electric wiring or apparatus located within a building for use in connection with the production of electric light, or power, nor shall any such electric wiring or apparatus be installed in any building without first securing from the said Electric Inspector a permit therefor, nor shall any change be made in any wiring or apparatus after in- spection without notifying the said Electrical Inspector and securing a permit therefor. SECTION 20. Before issuing a permit for the installation of any wiring or apparatus or the alteration or change of any wiring or apparatus as provided in Section 19, an application shall be filed with the Electrical Inspector describing with plans and sketches such installation or the alteration or changes to be made, including the apparatus and material used. No deviation shall be made in the details for wiring or apparatus as shown on application without per- mission from the Electrical Inspector in writing. In panels of elec- trical installations the person, firm, or corporation, doing the work shall post a legend showing the name of said person, firm, or corpora- tion, and a diagram showing what work was done. - 75 - Ordinance No. 52 - Page 5 • SECTION 21. Upon the completion of the installation of electric wires and apparatus in any building for use in connection with electric light, heat, or power, it shall be the duty of the cor- poration, co- partnership, association or individual doing the same to notify said Electrical Inspector or competent assistant deputized by him who shall at once inspect the same, and if approved by him shall issue a certificate of satisfactory inspection which shall contain the date of the inspection and outline of the results of such examination, but no certificate shall be issued unless all apparatus until a certificate of satisfactory inspection is is- sued. All electrical construction, all material and all apparatus used in connection with electrical work, and the operation of all electrical apparatus, shall be in conformity with the rules and regulations set down in what is known as the "National Electrical Code ", a copy of which is on file in the office of the City Secre- tary of the City of College Station. Provided also that no roonex, steel tubes or box cables shall be used. SECTION 22. Any corporation, co- partnership, association or indi- vidual or agent thereof desiring to place any pipe, sheet metal or other material within six inches or any electric wire or wires in- stalled for use in connection with electric light, heat or power shall, before proceeding with the execution of the work, obtain from the Electrical Inspector a permit therefor, and in completion of said work and said corporation, co- partnership, or association lip or individual or agent thereof shall notify said Electrical Inspec- tor who shall inspect the same and cause all wires to be placed in a safe and secure condition. Provided, however, that nothing in this section shall be construed to refer to wires installed in ap- proved iron conduit or armored cable. SECTID N 23. No corporation, no co- partnership, association or in- dividual or agent thereof shall interfere with the Electrical In- spector or any competent person or persons lawfully deputized to assist him as herein before provided, while the performance of duty and each such interference shall be deeded to constitute a separate offense within the intent and meaning of this ordinance. SECTION 24. The said Electrical Inspector shall keep a full and complete record of all work done, permits issued, examinations made or other official work performed as required by this ordinance and shall be so arranged as to afford prompt information concerning the condition and general arrangement of any electrical equipment at the time of the Electrical Inspectors last visit. SECTION 25. This ordinance shall not be construed to relieve from or lessen the responsibility of any corporation, co- partnership, association, individual or agent thereof; installing, operating or controlling any electric wiring or apparatus for damages to anyone injured thereby, nor shall the city be held as assuming any liability by reason of the inspection authorized herein or certificate or permit issued pursuant to the provisions of this ordinance. • - 76- Ordinance No. 52 - Page 6 SECTION 26. Any corporation, co- partnership, association, indi- vidual or agent thereof found guilty of violation of any of the provisions of this ordinance shall be fined not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) and the cost of prosecution of each and every offense. SECTION 27. All ordinances or parts of ordinances in conflict here- with are hereby repealed. SECTION 28. This ordinance shall take effect and be in force from and after its passage, approval and publication. Passed and approved this 5th day of September, 1940. APPROVED: S/ Frank G. Anderson Mayor • ATTEST: S/ Lucy L. Sneed Assistant City Secretary - 77 - ORDINANCE NO. 53 PLUMBING ORDINANCE Be it ordained by the City Council of the City of College Station, Texas: Article 1. General Section 1. No person, firm, or corporation shall engage in the business of installing or repairing the plumbing systems of buildings within the city limits of College Station, or in buildings served by the water or sewer systems of College Station, unless such person, firm, or corporation shall have obtained a license from the city. Section 2. Examining Board. No license shall be issued until the applicant shall receive approval from an Examining Board. Said Board shall consist of the city engineer as chairman, city sanitary engineer, and a representative of the city - county health unit. Should vacancies exist in the official personnel mentioned, the Board may be completed to a membership of three by appointment of the mayor; such appointees to hold office for one year or until the vacancies in official personnel are filled. The Board may conduct such examinations or tests as it may see fit and if it approves the application, shall report same to the City Secretary. Section 3. Issuance of License and Fees. Upon receipt of approval from the Examining Board the city secretary shall be authorized to issue a license, provided that a fee of 615.00 shall be paid to the city. Said license shall be in force for one year from date of issue, but may be renewed annually by payment of $5.00. 1 Section 4. Plumbing Inspection. The City Council shall appoint a plumbing inspector or assign the duties of plumbing inspector to issue all permits for plumbing work, to inspect and pass upon all such plumbing, to inspect any such plumbing already in use or being constructed whieh he may have reason to believe is imper- fect or out of repair, and by written order to the owner or agent in charge of any building or premises where any such im- perfect plumbing work may be located, or to the plumber in charge of the construction of same, stop the construction or use of same until same shall have been properly constructed or repaired; and he shall have the power to enter any house or premises in said city at any time between the hours of 9 A.M. and 5 P.M. to inspect any such plumbing. He shall investigate all alleged violations of this ordinance, or any plumbing ordinance of this city reported to him, and file complaints against all whom he may have reason to believe are guilty of such violations, and perform such other services as may be required of him by the City Council. It shall also be the duty of said plumbing in- spector to collect for the city all inspection, installation, and service fees required by this ordinance. - 78 - Ordinance No. 53 - Page 2 Section 5. Inspection Fees. The following inspection fees shall be collected: For inspection of any one single fixture issued under any one permit, one dollar, for each additional fixture, fifty cents, with a maximum charge for any single building and single inspection visit of two dollars. Said fees shall be col- lected at the time the permit is issued. Should more than the two inspections required under Section 10 be necessary, such ad- ditional inspections shall be paid for at the rates specified in this section, before certificate of acceptance will be granted. Section 6. Permits. No person shall do any plumbing of any character, or repair any plumbing work, or make any extensions to plumbing or change the location of any plumbing fixture, ex- cept as hereinafter prescribed, in said city, until he has re- ceived a permit to do same from the city plumbing inspector, application for such permit shall describe by means of a sketch and other description the character of the plumbing work or re- pairing proposed to be done, together with the exact location of same, the number and location of street openings, if any, and the number, name, and character of the plumbing fixtures to be repaired or put in, provided that no such application need be made and no permit issued for repairs or leaks in pipes, traps or cocks, opening up waste for supply pipes, traps or drains, in replacing any broken fixture or water pipes, nor for installa- tion made for exhibit purposes and not used in the usual manner. C rr Section 7. Notice of Defects. The city plumbing inspector shall give the owner or agent in charge of any building, premises, or plumber in charge of any work, written notice of any defects of said plumbing or changes or repairs necessary, and such owner, agent or plumber, shall, within five days from receiving such notice, make the necessary changes or repairs. Section 8. Plumber's Responsibility. The plumber in charge of the work shall be responsible for the construction and comple- tion, according to the ordinance and regulations governing plumb- ing and drainage work in this city, of all the interior drainage and supply pipes within the buildings and their connections to the main house drain leading to the public sewer and connections to sewer. Section 9. Application for Inspection. Application for inspec- tion must be made to the city plumbing inspector when work is ready for inspection at least eight hours before such inspection is desired. Section 10. Tests and Inspections. All new plumbing work shall be inspected by the city plumbing inspector as follows: (1) When the main house drains are laid and before they are covered, the sewer pipes shall be examined and inspected as often as necessary to see that they conform with the requirements of this ordinance, but such inspections shall be made at the same - 79 - Ordinance No. 53 - Page 3 • time as tests and inspections required in (2) and (3) of this section. (2) When the soil, waste and vent -pipes within the building are in place, connected to the traps, when such traps are below floor level and before being covered or concealed, they shall be filled with water to top of stack above the roof. If leaks are in- dicated, they shall be corrected by the plumber in charge of the work by removing all defective material and replacing same with sound material, and new water test shall be applied, until the work is found to be tight and to conform with the requirements of this ordinance. (3) When the work is fully completed, notice thereof shall be given to the city plumbing inspector. Immediately after the completion of the work, the inspector may, if he thinks necessary, subject the work to a smoke or peppermint test. When the work has been properly inspected, tested and approved by the inspector, he shall issue a certificate of acceptance to the plumber, and no plumbing fixture shall be used until the plumber or owner has ob- tained this certificate from the city plumbing inspector. Section 11. Extensions. All extensions to work in buildings shall be done, tested, and inspected as required for new work by the terms of this ordinance. Section 12. Work by Owner. If work of plumbing installation and • repair, coming within the jurisdiction of this ordinance, is done by the owner of the building, then all requirements as to permits, fees, applications, and certificates of acceptance as applicable to the plumber shall be applicable to the owner. Section 13. Plumbing System. The plumbing system of a building includes the water supply distributing pipes; the fixtures and fixture traps; the soil, waste and vent pipes; the house drain and house sewer; the storm -water drainage; with their devices, appurtenances and connections all within or adjacent to the building. Section 14. Water - Service Pipe. The water - service pipe is the pipe from the water main to the building served. Section 15. Water - Distribution Pipes. The water distribution pipes are those which convey water from the service pipe to the plumbing fixtures. Section 16. Plumbing Fixtures. Plumbing fixtures are receptacles intended to receive and discharge water, liquid, or water - carried wastes into a drainage system with which they are connected. Section 17. Trap. A trap is a fitting or device so constructed as to prevent the passage of air or gas through a pipe without • materially affecting the flow of sewage or waste water through it. - 80 - Ordinance No. 53 - Page 4 Section 18. Trap Seal. The trap seal is the vertical distance between the crown weir and the dip of the trap. Section 19. Vent Pipe. A vent pipe is any pipe provided to ventilate a house drainage system and to prevent trap siphonage and back pressure. Section 20. Local Ventilating pipe. A local ventilating pipe is a pipe through which foul air is removed from a room or fixture. Section 21. Soil Pipe. A soil pipe is any pipe which conveys the discharge of water - closets, with or without the discharges from other fixtures, to the house drain. Section 22. Waste Pipe and Special Waste. A waste.pipe is any pipe which receives the discharge of any fixture, except water- closets, and conveys the same to the house drain, soil, or waste stacks. When such pipe does not connect directly with a house drain or soil stack, it is termed a special waste. Section 23. Main. The main of any system of horizontal, verti- cal, or continuous piping is that part of such systems which re- ceives the wastes, vent or back vents, from fixtures outlets or traps, direct or through branch pipes. Section 24. Branch. The branch of any system of piping is that part of the system which extends horizontally at a slight grade, with or without lateral or vertical extensions or vertical arms, from the main to receive fixtures outlets not directly connected to the main. Section 25. Stack. Stack is a general term for any vertical line of soil, waste, or vent piping. Section 26. House Drain. The house drain is that part of the lowest horizontal piping of a house drainage system which re- ceives the discharge from soil, waste, and other drainage pipes inside the walls of any building and conveys the same to the house sewer. Section 27. House Sewer. The house sewer is that part of the horizontal piping of a house drainage system extending from the house drain to its connection with the main sewer or septic tank and conveying the drainage of but one building site. Section 28. Size and Length. The given caliber or size of pipe is for a nominal internal diameter. The developed length of a pipe is its length along the center line of pipe and fittings. Section 29. Dead End. A dead end is a branch leading from a soil, waste, vent, house drain, or house sewer, which is termi- nated at a developed distance of 2 feet or more by means of a cap, plug, or other fitting not used for admitting water to the pipe. - 81- Ordinance No. 53 - Page 5 Section 30. Grades of Horizontal Piping. All horizontal piping shall be run in practical alignment and at a uniform grade of not less than one - eighth of an inch per foot, and shall be supported or anchored at intervals not to exceed 10 feet. All stacks shall be supported at their bases, and all pipes shall be rigidly secured. Section 31. Change in Direction. All changes in direction shall be made by the appropriate use of 45 wyes, long sweep quarter bends, sixth, eighth, or sixteenth bends, except that single sanitary tees may be used on vertical stacks, and short quarter bends may be used in soil and waste lines where the change in direction of flow is from the horizontal to the vertical. Tees and crosses may be used in ventpipes. Section 32. Prohibited Fittings. No double hub, double T, or double sanitary T branch shall be used on soil or waste lines. The drilling and tapping of house drains, soil waste, or vent pipes, and the use of saddle hubs and bands are prohibited. Section 33. Protection of Material. All pipes passing under or through walls shall be protected from breakage. All pipes pass- ing through or under cinder concrete or other corrosive material shall be protected against external corrosion. Section 34. Materials, Quality of. All materials used in any drainage or plumbing system, or part thereof, shall be free from defects. Section 35. Label, Cast or Stamped. Each length of pipe, fit- ting, trap, fixture, and device used in a plumbing or drainage system shall be stamped or indelibly marked with the weight or quality thereof and the maker's mark or name. Section 36. Certain Pipe Materials. (a) All vitrified clay pipe, cast -iron soil pipe, wrought-iron pipe, steel pipe, brass pipe, and copper pipe, and fittings for same shall conform to the standard specifications of American Society for testing Materials. (b) All cast -iron pipe and fittings for underground use shall be coated with asphaltum or coal tar pitch. Section 37. Lead Pipe, Diameter, Weights. All lead pipe shall be of best quality of drawn pipe, of not less weight per linear foot than shown below. (a) Lead soil, waste, vent, or flush pipes, including bends and traps: Internal Diameter Weights per foot Inches Lbs. Ozs. 1 2 14 3 g 1 3 g 2 4 3 4 12 4 6 - 82 - Ordinance No. 53 - Page 6 (b) Lead water supply pipe above ground (strong): Internal Diameter Weights per foot Inches Lbs. Ozs. 2 2 5/8 2 8 3/4 3 1 1� 6 12 1 6 1 3/4 6 8 2 7 (c) Lead water - supply pipe under ground (extra strong): Internal Diameter Weights per foot Inches Lbs. Ozs. I 2 8 5/8 3 3/4 3 8 1 4 12 6 14 7 13/4 8 8 2. 9 Section 38. Threaded Fittings. (a) Plain screwed fittings shall be of cast iron, malleable iron, or brass of standard weight and dimensions. (b) Drainage fittings shall be of cast iron, malle- able iron, or brass, with smooth interior waterway, with threads tapped out of solid metal. (c) All cast -iron fittings used for water - supply distribution shall be galvanized. Section 39. Floor Flanges for Water Closets. Floor flanges for water - closets shall be not less than three - sixteenths of an inch thick, and of brass or cast iron. Section 40. Water and Air -Tight Joints. All joints and connec- tions mentioned in this ordinance shall be made permanently gas and water tight. Section 41. Joints in House Sewers. Joints in vitrified clay pipe and concrete pipe shall be yarned with a gasket of oakum or hemp around the spigot of the pipe accurately to center spigot in the bell and the remaining space shall be filled with a mortar consisting of 1 part Portland cement and 2 parts clean sand. Joints between vitrified clay or concrete and metals shall be yarned and filled with a hot jointing material. Section 42. Calked Joints. All calked joints shall be firmly packed with oakum or hemp, and shall be secured only with pure lead, not less than 1 inch deep, well calked, and no paint, var- nish, or putty will be permitted until after the joint is tested. - 83 - Ordinance No. 53 - Page 7 Section 43. Screw Joints. All screw joints shall be American standard screw joints, and all burrs or cuttings shall be removed. Section 44. Cast Iron. Cast -iron joints may be either calked or screw joints made in the approved manner. Section 45. Wrought Iron, Steel, or Brass to Cast Iron. The joints may be either screwed or calked joints made in the approved manner. Section 46. Lead Pipe. Joints in lead pipe or between lead pipe and brass or copper pipes, ferrules, soldering nipples, bushings, or traps, in all cases on the sewer side of the trap and in con - cealed joints on the inlet side of the trap, shall be full -wiped joints, with an exposed surface on the solder to each side of the joint of not less than three- quarters of an inch and a minimum thickness at the thickest part of the joint of not less than three - eighths of an inch. Section 47. Lead to Cast Iron, Steel, or Wrought Iron. The joints shall be made by means of a brass calking ferrule, brass soldering nipple, or brass bushing. Section 48. Slip Joints and Unions. Slip joints will be permitted only in trap seals or on the inlet side of the trap. Unions on the sewer side of the trap shall be ground faced, and shall not be con - cealed or inclosed. Section 49. Roof Joints. The joint at the roof shall be made water -tight by use of copper, lead, or iron plates or fleshings. If the stack projects not more than one foot above the roof the flushing shall be crimped to the edge of the stack. Section 50. Closet, Pedestal, Urinal and Trap, Standard Slop Sink, Floor Connections. A brass floor connection shall be wiped or sol- dered to lead pipe, an iron floor connection shall be calked to cast-iron pipe, or an iron floor connection calked or screwed to wrought -iron pipe, or an iron floor connection calked or screwed to wrought -iron pipe, and the floor connection bolted to an earthen- ware trap flange. A metal to earthenware, a metal to metal union, or a lead or asbestos gasket or washer shall be used to make a tight joint. Section 51. New Materials. New Materials: Any other material than that specified in this code, which the proper administrative authority approved as being equally efficient, may be permitted. Section 52. Traps, Kind. Every trap shall be self - cleaning. Traps for bathtubs, lavatories, sinks, and other similar fixtures shall be of lead, brass, cast iron, or of malleable iron, galva- nized or porcelain enameled inside. Galvanized or porcelain enam- eled traps shall be extra heavy, and shall have a full bore smooth interior waterway, with threads tapped out of solid metal. No form of trap which depends for its seal upon the action of movable parts or concealed interior partitions shall be used for fixtures. The use of S traps is prohibited. - 84 - Ordinance No. 53 - Page 8 Section 53. Traps, Where Required. Each fixture shall be separately �r trapped by a water -seal trap placed as near to the fixture as possi- ble, except that a set of not more than 3 laundry traps or lavatories or a set of 2 laundry trays and 1 sink may connect with a single trap, provided the trap is placed centrally and the branches connect into the trap seal at an angle of not more than 60 to the vertical arm. In no case shall the water from a bathtub or other fixture discharge into a water closet trap. No fixture shall be double trapped. Section 54. Water Seal. Each fixture trap shall have a water seal of not less than 2 inches and not more than 4 inches. Section 55. Trap Clean Outs. Each trap, except those in combina- tion with fixtures in which the trap seal is plainly visible and accessible, shall be provided with an accessible brass trap screw of ample size, protected by the water seal. Section 56. Trap Levels and Protection. All traps shall be set true with respect to their water seals and protected from frost and evaporation. Section 57. Pipe Clean Outs - Where Required. A clean out easily accessible shall be provided at the foot of each vertical waste or soil stack. There shall be at least two cleanouts in the house Co drain - one at or near the base of the stack; another, with full- size Y branch, inside the wall near the connection between the house drain and the house sewer. Except for the latter, clean outs shall be of the same nominal size as the pipes up to 4 inches and not less than 4 inches for larger pipes. The distance between clean outs in horizontal soil lines shall not exceed 50 feet. Section 58. Clean Outs- Equivalents. Any floor or wall connection of fixture traps when bolted or screwed to the floor or wall shall be regarded as a clean out. Section 59. Basement Floor Drains. Cellar or basement floor drains shall connect into a trap so constructed that it can be readily cleaned and of a size to serve efficiently the purpose for which it is intended. The drain inlet shall be so located that it is at all times in full view. When subject to back flow or back pres- sure, such drains shall be equipped with an adequate back water valve. Section 60. Back -Water Valves. Back -water valves shall have all bearing parts or balls of noncorrodible metal and be so constructed as to insure a positive mechanical seal and remain closed except when discharging wastes. Section 61. Distribution, The water supply shall be distributed through a piping system entirely independent of any piping system conveying another water supply. - 85 - Ordinance No. 53 - Page 9 Section 62. Water Supply to Fixtures. All plumbing fixtures shall be provided with a sufficient supply of water for flushing to keep them in a sanitary condition. Every water closet or pedestal uri- nal shall be flushed by means of an approved tank or flush valve of at least 4 gallons flushing capacity for water - closets and at least 2 gallons for urinals, and shall be adjusted to prevent the waste of water. The flush pipe for water closet flush tanks shall be not less than 1.- inches in diameter, and the water from flush tanks shall be used for no other purpose. No water - closet or urinal bowl shall be supplied directly from a water - supply system through a flushometer or other valve unless such valve is set above the water - closet or urinal and a vacuum breaker of design approved by the inspector is installed. Section 63. Size of Water Supply Pipes. The minimum size of water service pipes from the curb to the dwelling shall be three - fourths inch, and to fixtures as follows: Hot water boilers . . 1 " Lavatories 3/8" Laundry trays 2 " Bathtubs 2t1 Sinks 2" Water - closet tanks . . 3/8" Section 64. Water - Supply Control. A main shut -off with waste on the water supply line shall be provided near the curb. Accessible shut -offs with wastes shall be provided on the main supply line just inside the foundation wall for each flat or apartment of a building, for each lawn sprinkler, for supply to each hot water tank, and for each water tank, and for each water closet. Section 65. Water - Supply Pipes and Fitting-Material. All water supply pipes for a plumbing system shall be of lead, galvanized wrought -iron, or steel, brass, or cast iron, with brass or galva- nized cast iron or galvanized malleable iron fittings. No pipe or fittings that have been used for other purposes shall be used for distributing water. Section 66. Water Supply, Protection. All concealed water pipes, storage tanks, flushing cisterns, and all exposed pipes or tanks subject to freezing temperatures shall be efficiently protected against freezing. Section 67. Materials. All receptacles used as water - closets, urinals, or otherwise for the disposal of human excreta, shall be vitrified earthenware, hard natural stone, or cast iron, white enameled on the inside. Section 68. How Installed. All plumbing fixtures shall be in- stalled free and open in a manner to afford access for cleaning. Where practical all pipes from fixtures shall be run to the wall, and no lead trap or pipe shall extend nearer to the floor than 12 inches unless protected by casing. Section 69. Fixtures Prohibited. Fixed wooden wash trays or sinks shall not be installed in any building designed or used for human habitation. No new copper lined wooden bathtubs shall be installed. - 86 - Ordinance No. 53 - Page 10 "" Pan and valve plunger, offset washout and other water closets hav- �,r ing invisible seals or unventilated space, or walls not thoroughly washed at each flush shall not be used. Long hopper closets or similar appliances shall not hereafter be installed. No dry closet or chemical closet shall be installed in a dwelling. No fixtures shall be installed with water inlets terminating within three - fourths inch of the maximum water level, disregarding the fixture overflow pipe, except that flushometer toilets may be installed as prescribed in Section 62. Section 70. Floor Drains and Shower Drains. A floor drain or a shower drain shall be considered a fixture and provided with a strainer. Section 71. Fixture Strainers. All fixtures other than water- closets and pedestal urinals shall be provided with fixed strong metallic strainers with outlet areas not less than that of the interior of the trap and waste pipe. Section 72, Fixture Overflow. The overflow pipe from a fixture shall be connected on the house or inlet side of the trap and be so arranged that it may be readily and effectively cleaned. Section 73, Material. All main or branch soil, waste, and vent pipes within the building shall be made of cast iron, galvanized C r ' steel or wrought iron, lead, brass, or copper, except that no fi black or galvanized steel or wrought iron pipe shall be used for underground soil or waste pipes. Section 74. Fixture Unit. The following table based on the rate of discharge from a lavatory as the unit shall be employed to determine fixture equivalents: Fixture Units Fixture Units One lavatory or wash basin . . . 1 One urinal 3 One kitchen sink 1-- One shower bath . . . . 3 One bathtub 2 One floor drain . . . . 3 One laundry tray 3 One slop sink 4 One combination fixture . . . . 3 One water closet . . . 6 Section 75. Soil and Waste Pipes and Stacks. Every building in which plumbing fixtures are installed shall have a soil or waste stack, or stacks, extending full size through the roof. Soil and waste stacks shall be as direct as possible and free from sharp angles and turns. The required size of a soil or waste stack shall be independently determined by the total fixture units of all fix- tures connected to the stack in accordance with the following tables: - 87 - Ordinance No. 53 - Page 11 Cof WASTE STACKS AND PIPES Number of Fixture Units Diameter of Stack 1 1" 1- to 4 12" 5 t o 18 2 19 to 36 3" SOIL AND WASTE STACKS AND PIPES Number Number of Diameter of Water- Closets or of Fixture Units Equivalent Stack 37 to 60 1 to 10 4 Inches 61 to 210 11 to 36 5 Inches 211 to 300 36 to 50 6 Inches Restrictions. No water - closet shall discharge into a stack less than 4 inches in diameter. Not more than three water - closets or their equivalent in fixture units shall discharge into a 4-inch stack from one 4 -inch branch, and not more than two such branches may connect to a 4-inch stack at the same point or level. Section 76. Soil and Waste Stacks, Fixture Connections. All soil and waste stacks and branches shall be provided with correctly faced inlets for fixture connections. Section 77. Changing Soil and Vent Pipes. In existing buildings where the soil or waste vent pipe is not extended undiminished through or above the roof, or where there is a sheet metal soil or waste vent pipe, and the fixture is changed in style or loca- tion or is replaced, a soil or waste vent pipe of the size and material prescribed for new work shall be installed. Section 78. Prohibited Connections. No fixture connection shall be made to a lead bend or branch of a water - closet or similar fix- ture. No soil or waste vent, circuit or loop vent above the high- est installed fixture on the branch or main shall thereafter be used as a soil or waste pipe. Section 79. Roof Extensions. All roof extensions of soil and waste stacks shall be run full size at least 1 foot above the roof, and when the roof is used for other purposes than weather protection such extension shall not be less than 5 feet above the roof. Section 80. Terminals. The roof terminal of any stack or vent, if within 12 feet of any door, window, scuttle, or air shaft, shall extend at least 3 feet above the same. Section 81. Traps Protected, Vents. Every fixture trap shall be protected against siphonage and back pressure, and air circula- tion assured by means of a soil or waste stack vent, a continuous waste soil vent, or a loop or circuit vent. No crown vent shall be installed. - 88 - Ordinance No. 53 - Page 12 Section 82. Distance of Vent from Trap Seal. No trap shall be placed more than 5 feet, horizontal developed length, from its vent. The distance shall be measured along the central line of the waste or soil pipe from the vertical inlet of the trap to the vent open- ings. The vent opening from the soil or waste pipe, except for water - closets and similar fixtures, shall not be below the dip of the trap. Section 83. Main Vents to Connect at Base. All main vents or vent stacks shall connect full size at their base to the main soil waste pipe at or below the lowest fixture branch and shall extend undi- minished in size above the roof or shall be reconnected with the main soil or waste vent at least 3 feet above the highest fixture branch. Section 84. Vents, Required Sizes. The following are permissible sizes of vents: Ti in. Ti in. 2 in. 3 in. 4 in. 5 in. 6 in. Water - closets 1 -4 5-10 11 -20 21 -35 36-50 Kitchen sinks 1 -2 3-8 9-20 21 -40 41 -70 71 =100 Slop sinks 1 2 -4 5-10 11 -20 21 -35 36-50 Bath tubs 1 -2 3-8 9-20 21 -40 41 -70 71 -100 Laundry Trays 1 -3 4-8 9-20 21 -40 41 -70 71 -100 Urinals 1 -2 3-8 9-20 21 -40 41 -70 71 -100 Shower baths 1 -2 3-8 9-20 21 -40 41 -70 71 -100 Lavatories or wash basins 1 2 -4 5 -8 9-20 21 -40 41 -70 71 -100 Combination fixtures 1 -3 5-8 9-20 21 -40 41 -70 71 -100 Section 85. Vent -Pipe Grades and Connection. All vent and branch vent pipes shall be free from drops or sags and be so graded and connected as to drip back to the soil or waste pipe by gravity. Where vent pipes connect to a horizontal soil or waste pipe the vent branch shall be taken off above the center line of the pipe, and the vent pipe must rise vertically or at an angle of 45 to the vertical to a point 6 inches above the fixture it is venting before offsetting horizontally or connecting to the branch, main waste, or soil vent. Section 86. Circuit and Loop Vents. A circuit or loop vent will be permitted as follows: A branch soil or waste pipe to which two and not more than eight water - closets, pedestal urinals, trap stand- ard slop sinks, or shower stalls are connected in the series may be vented by a circuit or loop vent, which shall be taken off in front of the last fixture connection. Where fixtures discharge above such branch, each branch shall be provided with a relief vent one - half the diameter of the soil or waste stack, taken off in front of the first fixture connection. Section 87. Common Vent and Waste. Where bathrooms or water-clos- ets or other fixtures are located on opposite sides of a wall or - 89 - Ordinance No. 53 - Page 13 partition or directly adjacent to each other within the prescribed distance, such fixtures may have a common soil or waste pipe and common vent. Section 88. Independent System. The drainage and plumbing system of each new building and of new work installed in an existing build- ing shall be separate from and independent of that of any other building, except as provided below, and every building shall have an independent connection with a public or private sewer when avail- able. Exception. Where one building stands in the rear of another build- ing on an interior lot and no private sewer is available or can be constructed to the rear building through adjoining alley, court, yard, or driveway, the house drain from the front building may be extended to the rear building and the whole will be considered as one house drain. Section 89. Old House Sewers and Drains. Old house sewers and drains may be used in connection with new buildings or new plumb- ing only when they are found, on examination and test, to conform in all respects to the requirements governing new sewers or drains, as prescribed in this code. If the old work is found defective, the plumbing inspector shall notify the owner to make the necessary changes to conform with this code. Section 90. Connections with Septic Tanks. When a sewer is not available, drain pipes from buildings shall be connected with approved private sewage disposal works. Section 91. Material. (a) The house sewer beginning 3 feet out- side the building shall be of cast iron, vitrified clay pipe, or concrete pipe; (b) the house drain when underground shall be of lead, brass, or cast iron; (c) the house drain when above ground shall be of cast iron, galvanized wrought iron or steel, lead or brass of approved standards. Section 92. Depth of Drains and Sewers. No house sewer or under- ground house drain shall be laid parallel to or within 3 feet of any bearing wall, which might be thereby weakened. The house sewer and drains shall be laid at sufficient depth to protect them from frost. Section 93. Size of Drains and Sewers. The required size of sani- tary house drains and sanitary house sewers shall be determined on the basis of the total number of fixture units drained by them in accordance with the following table: c - 90 - Ordinance No. 53 - Page 14 Slope Number Fixture Units 1/8 in. 4 in. 1/2 in. Water Closets to 1 ft. to 1 ft. to 1 ft. or Equivalent 6 to 12 . . , diam. in in. 4 3 1-2 13 to 24 . . " " If 4 4 3 3 -4 25 to 72 . . " " " 6 5 4 5 -12 73 to 300 . . " " " 8 6 5 13-50 301 to 720 . " " " 8 8 6 51 -120 721 to 1,080 " " " 10 10 8 121 -180 1 ,081 to 1,920 " " " 12 12 10 191 -320 Section 94. Fixtures Permitted to Connect. No waste pipe from a refrigerator or ice box floor drain, or any other receptable where food is stored shall connect directly with any house drain, soil, or waste pipe. Such waste pipes shall in all cases empty into an open sink that is properly supplied with water, connected, trapped, and vented, the same as other fixtures, or they may discharge into a down spout or rain leader trap located inside the building or in- to a cellar floor drain, but their ends must be left open. Such waste connections shall not be located in inaccessible or unventi- lated cellars. Section 95. Overflow Pipes and Motor Exhausts. Pipes from a water supply tank or exhause from a water lift shall not be directly con- nected with any house drain, soil, or waste -pipe pipe. Such pipe shall discharge upon the roof or be trapped into an open fixture. Section 96. Vents for Hot Water Heaters. All hot water heaters shall be vented so that products of combustion will be conveyed outside the building by means of a pipe of approved material not less than 2k inches in diameter. Section 97. Grease, Sand and Oil Traps. Waste lines from sinks or restaurants and other public eating establishments shall be provided with grease traps of approved design. Floor drains and wash racks of public garages and automobile service stations that discharge into the sewers must be provided with sand and oil traps of approved design. Said grease, sand and oil traps must be kept clean and in good condition by the occupant of the building. Section 98. Defective Fixtures. All installed fixtures found defective or in an insanitary condition shall be repaired, reno- vated, replaced, or removed within 30 days upon written notice from the proper administrative authorities. Section 99. Temporary Toilet Facilities. Suitable toilet facili- ties shall be provided for the use of workmen during the construc- t tion of any building. These toilet facilities shall be maintained in a sanitary condition. - 91 - Ordinance No. 53 - Page 15 Section 100. Penalty. Any person, firm, or corporation who shall `r fail to comply with, or shall violate any of the provisions of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding fifty dollars ($50.00) for each offense, and each day that any person, firm, or corporation shall maintain upon premises owned, occupied, or con- trolled by them, a condition that is in violation of any provision of this ordinance shall be deemed a separate offense. Passed and approved this 5th day of September, 1940. s/ Frank G. Anderson Mayor s/ Lucy L. Sneed Assistant City Secretary • - 92 - ORDINANCE NO. 54 Resolution: Be it ordained by the City Council of the City of College Station, Texas: Section I. No houses, garages or other buildings shall be moved across the streets or along the streets of the City of College Station, Texas, unless there shall be a permit issued by said city for the moving. Section II. Said permit will designate the streets to be used and the time which the moving will be done. Section III. Before any permit will be issued a deposit of $100 shall be made with the City Secretary. Such fee will be held by the city until the structure is completely moved, and then such damage to city streets, bridges, city utility lines will be repaired by the city and the costs charged to the deposit. The balance of the deposit remaining after repairs are made will be refunded to the owner. Section IV. Anyone violating the provisions of this ordinance, when found guilty, shall be fined not more than $100.00, and each day of violation shall be deemed a separate offense. ,, Passed and approved this 5th day of September, 1940. APPROVED: S/Frank G. Anderson Mayor ATTEST: S /Lucv L. Sneed Asst. City Secretary - 93 - ORDINANCE REGULATING CONNECTIONS TO THE SEWER SYSTEM, NO. 55 Be it ordained by the City Council of the City of College Station, Texas: Section 1. Every owner of a building or part thereof occupied by people for any purpose, any part of the day or night, situated on any city block in the city, where a public sewer is laid and main- tained within 150 feet from the nearest lot line on which said building is located is required to install within said building or part of building a water closet or water closets and have them connected to the sewer. Owners of buildings coming within the terms of this ordinance and located on acreage tracts shall be required to install a water closet or water closets and connect same to the sewer if the said building at its nearest point is within 250 feet from the sewer. Said water closets shall, when required, discharge into a septic tank which shall in turn dis- charge into the sewer. Section 2. All workmanship and materials used in installing water closets required under this ordinance shall comply with the require- ments of the City Plumbing Ordinance. Section 3. Written notice shall be given by the plumbing inspector to property owners violating Section 1 of this ordinance, said notice to inform the property owner that the water closet shall be installed Cor and sewer connection made not later than sixty days after date of the notice. Section 4. Contractors and others who employ workmen outside of buildings shall provide water closet facilities acceptable to the plumbing inspector, within twenty -four hours of time of notice of such requirement. Said facilities shall be maintained in sanitary condition. Section 5. Any person, firm, or corporation who shall fail to comply with, or shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding fifty. dollars (50.00) for each offense, and any day that any person, firm or corporation shall maintain a condition that is in violation of any provision of this ordinance shall be deemed a separate offense. Section 6. It shall be the duty of the plumbing inspector to file complaints in the city court against all violators of this ordinance as the expiration of periods set forth in the notices mentioned in Section 3 and 4. Passed and approved this 23rd day of January, 1941. S/Frank G. Anderson Mayor S /Lucy L. Sneed Asst, City Secretary - 94 - ORDINANCE NO. 57 AN ORDINANCE GRANTING TO COMMUNITY NATURAL GAS COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A GAS DISTRIBUTING PLANT OR SYSTEM IN THE CITY OF COLLEGE STATION, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section I. There is hereby granted to COMMUNITY NATURAL GAS COMPANY, a corporation having its principal office in Dallas, Dallas County, Texas, hereinafter called "Grantee ", its successors and as- signs, the right, privilege and franchise to construct, maintain and operate in the present and future streets, alleys, parkways and other public places and grounds in the City of College Station, Texas, a system of gas mains, supply pipes and laterals, and all necessary or desirable appurtenances, for the purpose of supplying gas for light, heat, power and other purposes to the City of College Station, its inhabitants and persons and corporations beyond the corporate limits thereof; and the rights, privileges and franchises herein granted shall be and remain in Grantee, its successors and assigns, free from all licenses, taxes, rentals, fees, or charges, except as hereinafter provided, for a period of twenty (20) years from and after April 1, 1941. Section II. All mains, pipes and laterals shall be so laid as to interfere as little as possible with traffic over the streets and alleys. The location of all mains, pipes and laterals may be fixed under the supervision of the governing authorities of the City of College Station. Grantee shall repair, clean up and restore to an approximate original condition all streets and alleys disturbed during the construction and repair of its gas distributing system. Section III. When Grantee shall make or cause to be made ex- cavations or shall place obstructions in any street, alley, avenue, or public place in the City of College Station, the public shall be protected from all damage by reason of the existence of such excavations or obstructions by sufficient barriers and lights placed, erected and maintained by grantee. In the event of any injury to any person or property by reason of the construction, operation or main- tenance of said gas system, Grantee agrees to indemnify and keep harmless the City of College Station from any and all liability. Section IV. The rates to be charged by Grantee for gas sold under this franchise are hereby fixed and determined as follows: The sum of seventy -five cents (75¢) gross per thousand (1,000) cubic feet for natural gas for domestic and commercial purposes; provided, that this rate shall be subject to a discount of ten per cent (10%) if payment is made within ten (10) days from the date of the bill. - 95 - Ordinance No. 57 - Page 2 In addition to the rates hereinabove allowed to be charged for natural gas sold, Grantee shall charge and collect a "readiness - to- serve" charge or "customer's charge" from each and every domestic and commercial consumer within the corporate limits of the City of College Station, in the flat sum of fifty cents (50¢) per month. This charge is agreed and understood to be a charge that each and every consumer is to pay, regardless of the amount of gas cons=ed or the rate per thousand (1,000) cubic feet which will be charged for gas. Grantee shall be privileged to charge and collect from each domestic and commercial consumer in the City of College Station a minimum monthly bill of One Dollar ($1.00) including the readiness - to -serve or customer's charge of 500 per consumer per month. Grantee may also charge and collect from said consumers for setting, resetting and changing meters upon special request of consumers, an amount not to exceed the cost of labor and material used in performing such work, plus ten per cent (10%) additional thereon; provided such charge shall be not less than Two Dollars ($2.00). The above rates and charges apply for each month or part of a month in which gas is used by any domestic and commercial gas con- sumer at the same location, and said rates and charges are expressly understood to be subject to revision and change by either the City of College Station or Grantee in the manner provided by law. Section V. Grantee may make and enforce reasonable rules and regulations in the conduct of its business and may require, before furnishing service, the execution of a contract therefor and may require each consumer within the corporate limits of the City of College Station to pay Grantee for the installation of all service pipes from the main in the street to and throughout the consumer's premises. Grantee shall have the right to contract with each con- sumer with reference to the installation of service pipes and the control thereof from their connection with Grantee's main in the street to and including the meter located on consumer's premises. Service lines are defined as "supply lines" from Grantee's main in the street to and ending at the consumer's meter. Section VI. Grantee shall not be required to extend mains longitudinally on any street more than fifty (50) feet to any one consumer of gas. Nor shall Grantee be required to connect consumers to intermediate or high - pressure lines, except where grantee may operate a regular intermediate pressure distribution system. Section VII. Grantee shall be entitled to require of each and every consumer of gas, before gas service is commenced, a deposit of twice the amount of an estimated average monthly bill, which said deposit may be retained by Grantee until service is discontinued and all bills therefor have been paid. Grantee shall then return said deposit to the consumer, together with interest thereon at the rate provided by law from the date of said deposit. Grantee shall be entitled to apply said deposit with accrued interest to any in- debtedness owed Grantee by the consumer making said deposit, and - 96 - Ordinance No. 57 - Page 3 when it has been applied to any indebtedness the gas service can be discontinued until all of the indebtedness of the consumer is paid and a like deposit is again made with Grantee by said consumer. Section VIII. The rights, privileges and franchises granted by this ordinance are not to be considered exclusive and the City of College Station hereby expressly retains and reserves the right to grant at any time like privileges, rights and franchises as it may see fit to any other person or corporation in the City of College Station for the purpose of furnishing gas for light, heat and power in and for the City and other consumers. Failure on the part of Grantee, its heirs or assigns, to exer- cise the powers and privileges herein granted in compliance w_ch the terms of this grant, shall be cause for forfeiture thereof. Section IX. Grantee shall furnish reasonably adequate ser- vice to the public and shall maintain its property, equipment and appliances in good order and condition. Section X. Grantee agrees to pay and the City agrees to accept, on the 1st day of April, 1941, the sum of Five Hundred Dollars (1500.00), and on the same day of each succeeding year during the life of this franchise an annual payment of Two Hundred Dollars ($200.00) for the rights and privileges herein granted to Grantee, and said fee shall be in lieu of any and all occupation taxes, easement and franchise •... taxes (whether levied as an ad valorem, special or other character of tax); in lieu of license and inspection fees, street taxes and street or alley rentals and of all other taxes, charges, levies, fees and rentals of whatsoever kind and character which the City may impose or hereafter be authorized or empowered by law to levy and collect, excepting only the usual general or special ad valorem taxes which the City is authorized to levy and impose upon real and personal property. Should the City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rentals, easement or franchise taxes aforesaid, then, the City agrees that it will apply so much of the said sums of money paid as may be necessary to satisfy the Grantees obligations, if any, to pay any such taxes, licenses, charges, fees, rentals, easement or franchise taxes. Section XI. The grounds of the Agricultural and Mechanical College of Texas are specifically excluded and excepted from the places where the gas system or parts thereof of Grantee may be installed operated or maintained under this ordinance. Section XII. This ordinance shall be considered effective as of April 1, 1941. Section XIII. Grantee shall file its written acceptance of this franchise within ninety (90) days after its passage and approval by the Mayor. - 97 - Ordinance No. 57 - Page 4 Approved this 20th day of March, A. D., 1941. APPROVED: S/Frank G. Anderson Mayor ATTEST: S/Lucy L. Sneed Asst. City Secretary • - 98 - ORDINANCE NO. 58 AN ORDINANCE ABOLISHING THE ELECTIVE OFFICES OF CITY ENGINEER, CITY SANITARY ENGINEER, AND CITY HEALTH OFFICER, AND MAKING THESE OFFICES APPOINTIVE. BE IT ORDAINED by the City Council of the City of College Station, Texas: Section 1. That the elective offices of City Engineer, City Sanitary Engineer, and City Health Officer be, and are hereby abolished. Section 11. That the duties of these respective offices shall be performed by appointees to be selected by the Council. Passed and approved this the 20th day of February, 1941. APPROVED: s/ Frank G. Anderson Mayor ATTEST: s/ Lucy L. Sneed Asst. City Secretary - 99 - ORDINANCE NO. 59 AN ORDINANCE REPEALING ORDINANCE NO. 3; SETTING THE DATES OF THE FISCAL YEAR; DESIGNATING WHO SHALL PAY TAXES; NOTICE OF TAX REN- DITION; BOARD OF EQUALIZATION; ASSESSMENT ROLLS; FIXING THE TIME AND MANNER OF PAYING AD VALOREM TAXES LEVIED FOR THE USE AND BENEFIT OF THE GOVERNMENT OF THE CITY OF COLLEGE STATION, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION I. That Ordinance No. 3, passed and approved by the City Council of College Station, Texas, on March 16, 1939, be and hereby is repealed. SECTION II. The Fiscal Year of the City of College Station, Texas, shall run from January 1 to December 31, both days inclusive. SECTION III. Every person, partnership, or corporation owning property within the limits of the City shall, between January 1 and April 30, of each year, hand to the City Secretary, as ex- officio assessor and collector, a full and complete sworn inventory cf the property possessed or controlled by him, her, or them, within said city limits on January 1, of the current year. SECTION IV. The City Secretary may send notices by mail to all known property owners of the City, calling their attention to their duty to make the renditions referred to in Section III thereof. SECTION V. The Board of Equalization, as prescribed by law, shall be composed of three commissioners to be appointed by the City Council. SECTION VI. After the assessment rolls have been examined and approved by the Board of Equalization, the City Secretary, as ex- officio assessor and collector, may give notice by mail to each property owner, if his address is known, as to the amount of his taxes due. SECTION VII. The ad valorem taxes hereafter levied by the governing body of the City of College Station, Texas, each year shall become due on the first day of October of the year for which the levy is made and may be paid up to and including the following January 31, without penalty, after which date such taxes may be paid in the manner and subject to penalties and interest charges as are pro- vided in Section IX hereof. SECTION VIII. If any person shall pay, on or before November thirtieth of the year for which the levy is made, one half of the city advalorem taxes levied on him or his property, then he shall have until and including the thirtieth day of the succeeding June, within which to pay the other one -half of his said taxes without penalty or interest thereon, but if the last one -half is not so paid, then such unpaid taxes shall become delinquent and a penalty of 8% shall accrue, together with interest at the rate of - 100 - Ordinance No. 59 - Page 2 6% per annum from July 1st of that year. SECTION IX. If any person fails or refuses to pay one -half of the city taxes levied upon him or his property, on or before the thir- tieth day of November of the year for which the levy or assessment is made, then unless he pays all of said taxes on or before the thirty -first day of the succeeding January, the following penalty shall be payable thereon, to -wit: During the month of February one per cent (1 %); during the month of March, two per cent (2 %); April, three per cent (3 %); during the month of May, four per cent (4 %); during the month of June, five per cent (5 %); and on and after the first day of July, eight per cent (8 %). All city ad valorem taxes, unless one -half (z) thereof have been paid on or before November 30th, as hereinabove provided, shall become delinquent if not paid prior to February 1st of the year next succeeding the year for which such taxes were levied or assessed and shall bear interest at the rate of six per cent (6%) per annum from February 1st, the day of their delinquency. SECTION X. Unpaid 1940 taxes shall be considered delinquent as of February 1, 1941, except where one -half was paid on or before November 30, 1940, and shall be paid and collected as is provided in the fore- going sections, in so far as applicable. To all delinquent taxes for the assessment year 1939 and prior years there shall be added, at the time of collection, a penalty of eight per cent (8 %) and interest at ,�.° the rate of six per cent (6 %) per annum from July 1st of the year next succeeding the year of assessment or levy, the date of delinquency. Passed and approved this the 6th day of March, 1941. APPROVED: S /Frank G. Anderson Mayor ATTEST: S /Lucy L. Sneed Asst. City Secretary - 101 - ORDINANCE NO. 60 AN ORDINANCE PROVIDING THAT IT SHALL BE UNLAWFUL TO ALLOW LIVE- STOCK AND POULTRY TO RUN AT LARGE, REQUIRING THE CITY MARSHAL TO IMPOUND LIVESTOCK OR POULTRY FOUND RUNNING AT LARGE AND TO COLLECT A FEE AND REIMBURSEMENT FOR REDEMPTION OF IMPOUNDED LIVESTOCK OR POULTRY, PROVIDING FOR ADVERTISING, SALE, AND USE OF PROCEEDS THEREFROM, OF IMPOUNDED LIVESTOCK AND POULTRY NOT REDEEMED, IM- POSING A FINE FOR ALLOWING LIVESTOCK OR POULTRY TO RUN AT LARGE, AND DEFINING CERTAIN TERMS. Be it ordained by the City Council of the City of College Station, Texas: Section 1. It shall be unlawful for any lovestock, or poultry to run at large and for the owner or keeper of any livestock or poultry to allow the same to run at large within the corporate limits of the city. Section 2. It shall be the duty of the city marshal to impound any livestock or poultry running at large. Section 3. The owner or keeper of any lovestock or poultry im- pounded under the terms of this ordinance may redeem or reclaim same by the payment to the city of a fee of two dollars for each head of livestock and fifty cents for each head of poultry, and in addition thereto by reimbursing the city for the expense in- curred in connection with the impoundment of such livestock or poultry. Section 4. It shall be the duty of the city marshal to adver- tise for sale any livestock or poultry not redeemed or reclaimed by the owner or keeper within five days after such livestock or poultry has been impounded. Such notice of sale shall be publish- ed once in the official newspaper of the city and shall give a description of the livestock or poultry to be sold and announce the time for the sale. Such date of sale shall be not less than five days nor more than ten days from the date of such publication. Section 5. It shall be the duty of the city marshal to sell to the highest cash bidder any livestock or poultry advertised for sale as provided in Section 4 hereof, Section 6. Of the proceeds derived from the sale of any livestock or poultry under the terms of this ordinance, there shall be paid into the general funds of the city an amount necessary to cover the fees and reimbursement as provided in Section 3 hereof. The remainder shall be held in a special "Livestock and Poultry Fund ", to be paid to the owner or keeper of the livestock or poultry sold, if same makes claim within a period of three months. In event such claim is not established within said time, such re- (, maining proceeds shall then be forfeited to the city and be paid into the general funds. - 102 - Ordinance No. 60 - Page 2 Section 7. Any person who wantonly and wilfully allows any live- stock or poultry to run at large within the corporate limits of the city shall be fined not to exceed ten dollars (10) upon first conviction and not to exceed twenty -five dollars (25) upon each conviction thereafter. Each day that the owner or keeper of any livestock or poultry allows same to run at large shall constitute a separate offense. Section 8. Without excluding any other types or classes, the term "livestock" as used in this ordinance shall include horses, mules, shetland ponies, and burros; cattle; sheep and goats; and hogs; and the term "poultry" shall include chickens, geese, ducks, guineas, turkeys, and pigeons. Passed and approved this 20th day of March, 1941, A. D. s /Frank G. Anderson Mayor ATTEST: s /Lucy L. Sneed Asst. City Secretary 103 - ORDINANCE NO. 62 AN ORDINANCE DIVIDING THE CITY OF COLLEGE STATION INTO WARDS; FIXING BOUNDARIES OF WARDS; PROVIDING FOR ELECTION OF ALDERMEN. Be it ordained by the City Council of the City of College Station, Texas: Section I. That the City of College Station is hereby divided into three wards described as follows: Ward No. 1 shall include all that part of the city south of the A. & M. College Campus, west of State Highway No. 6, and east of the Southern Pacific Railroad. Ward No. 2 shall include all that part of the city east of State Highway No. 6, and south of a line beginning at the inter- section of State Highway No. 6 with the city street, commonly known as the Sulphur Springs Road, and running N 45° E from said inter- section to the city limits. Ward No. 3 shall include all that part of the city not included in the above described wards, No. 1 and No. 2. Section II. That at the next regular city election two alder- men shall be elected from each ward as provided by Article 978 and 979 of the Texas Statutes. Passed and approved by the City Council of the City of College Station, Texas, May 29, 1941. S/ Frank G. Anderson Mayor S/ Lucy L. Sneed City Secretary c - 105 - 65b BLACKOUT AND AIR RAID PROTECTION ORDINANCE AN ORDINANCE RELATING TO AIR RAID PROTECTION: AUTHORIZING BLACK- OUT AND AIR RAID PROTECTION ORDERS, RULES AND REGULATIONS: PRE- SCRIBING PENALTIES FOR VIOLATION THEREOF: AND DECLARING AN EMER- GENCY. WHEREAS, A state of war exists between the United States of America and Japan, Germany, and Italy, and the defense of the United States of America is in the hands of the Army and Navy; and WHEREAS, In modern warfare no city, however distant from the enemy, is free from attack; and WHEREAS, Lights at night time are a definite aid to the enemy in reaching military and other objectives; and WHEREAS, Blackouts, when ordered by the Army or Navy are essen- tial to the preservation of life and property in this city, and it is imperative that the City of College Station aid the Army and Navy by all possible cooperation and assistance; and WHEREAS, Failure to extinguish lights when ordered to do so by duly authorized authorities may result in loss of life by thousands of the residents of the City of College Station as well as the res- idents of other parts of the Nation when lights in this city are used as a guide to other objectives; WHEREAS, Failure to comply with orders, rules and regulations governing excavations, traffic movements, congregation of persons in street and other public places will result in confusion and un- necessary loss of life both during blackouts and during air raids in the daytime, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. AUTHORITY TO PROMULGATE NECESSARY ORDERS, RULES AND REGULATIONS FOR BLACKOUTS AND AIR RAIDS. In order to protect life and property in the City of College Station, Texas, from enemy action the Mayor (or other authorized official) is authorized and directed to carry out blackouts and air raid protection measures in said city at such times and for such periods as are authorized or ordered by the Army or Navy and to promulgate such orders, rules, and regulations as may be necessary to insure the success of the blackouts and air raid protection measures and to protect life and property during such periods. Such orders, rules and regulations shall include traffic movements of emergency or other vehicles, evacuation of residents, congregation of persons on public streets, sidewalks, and in public places or buildings, but this enumeration or any enumeration contained in this ordinance shall not be taken as a limitation on the power to promulgate orders, rules, regula- tions governing any other subject, persons or property which must be regulated in order to insure the proper carrying out of any duly 4:, authorized blackout or air raid protection measure. Practice black - outs and air raid drills may be carried out at such times and for -106- i Ordinance No. 65b - Page 2 such periods as the Mayor (or other authorized officials) shall in his discretion deem appropriate or necessary but subject always to the orders and directions of the Army or Navy, and the orders, rules and regulations authorized herein. Section la. A "blackout" is hereby defined as any period of time designated by United States Military or Naval Authorities for extinguishing or effectively screening lights of all kinds. During such period it shall be unlawful: (1). For any person in the oc- cupancy or in the possession or control of any building or structure to fail to turn out or cause to be turned out all exterior lights thereon or connected therewith. (2). For any person to allow any light in any house, room or apartment to be visible from the outside. Managements of hotels, apartments, lodging houses and office buildings shall be responsi- ble for all exterior lights, lights in passageway, stairways, halls, corridors and other spaces not occupied by tenants or other persons and in all unoccupied rooms, apartments or offices. (3). For any person excepting as may be herein otherwise pro- vided to display or allow to shine, any light in any open space, or for any person owning or controlling any sign to allow the same to be illuminated or any light to be displayed therefrom. IC, (4). For any person to drive an emergency vehicle with the l ights on unless screened and shielded according to regulation pro- mulgated by the Mayor or by United States Military or Naval Author- ity. (5). For any person to place or leave any vehicle or any ob- struction of any character in any public street, avenue or alley in such a manner as to obstruct traffic, fire hydrants, or exits from public places. Emergency vehicles shall be those designated as such by the Mayor, shall exhibit on the front windshield an insignia to be designated by him, and all lights thereon shall be shielded in accordance with rules and regulations prescribed by him. In extinguishing or turning off electric lights in any build- ing or structure the main switch should not be used for such pur- pose. When deemed necessary for the protection of the public safety the Mayor shall make rules and regulations to be observed during "blackouts" in addition to those prescribed in this ordinance which shall have the force and effect of law until repealed. Section 2. GENERAL ORDERS, RULES AND REGULATIONS TO BE IN WRITING. All orders, rules and regulations authorized by this ordi- nance for the conduct of the general public shall be in writing and shall be available for public inspection at the place and during the - 107 - Ordinance No. 65b - Page 3 hours fixed by the Mayor (or other authorized official). Section 3. ORDERS, RULES, AND REGULATIONS EFFECTIVE UNTIL RE- PEALED BY COUNCIL. Any order, rule or regulation promulgated pur- suant to the authority conferred by this ordinance shall be in force and effect from the time of promulgation until amended or repealed by the Mayor (or other authorized official) or until repealed by the City Council. Section 4. APPOINTMENT OF SPECIAL FIRE AND POLICE FORCE AND AIR RAID WARDENS - IDENTIFYING EMBLEM. The Mayor may appoint for a specified time as many special or auxiliary firemen and policemen and air raid wardens, without pay, from among residents of the City as may be deemed advisable for service in connection with any black- out or air raid protection measure. During the term of service of such auxiliary firemen and policemen and air raid wardens, they shall possess all the powers and privileges and perform all the duties as may be set out by law, ordinance or rules and regulations pursuant thereto. They must wear such identifying emblem as may be prescribed by the Mayor and it shall be unlawful for any of them to attempt to carry out any order, rule, or regulation promulgated under the authority conferred by this ordinance when he is not wear- ing said identifying emblem. Section 5. UNAUTHORIZED WARNING OR ALL -CLEAR SIGNALS,PROHIBI- 1: r TED. Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation of this ordinance. Section 6. NO MUNICIPAL OR PRIVATE LIABILITY. This ordinance is an exercise by the city of its governmental functions for the protection of the public peace, health and safety and neither the City of College Station , the agents and representatives of said city, or any individual, receiver, firm, partnership, corpora- tion, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustain- ed to person or property as the result of said activity. Section 7. LIGHTS DURING BLACKOUT DECLARED PUBLIC NUISANCE. Any light displayed contrary to any order, rule or regulation pro- mulgated pursuant to the provisions of this ordinance constitutes a public nuisance and when deemed necessary in order to protect life or property during a blackout or air raid the police, or the special police authorized herein, are authorized and directed to enter upon any premises within the City, using reasonable force, and extinguish lights or take other necessary action to make effec- tive any order, rule or regulation promulgated under the authority conferred by this ordinance, Section 8. CONFLICTING ORDINANCES, ORDERS, RULES AND REGULA- TIONS SUSPENDED. At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, - 108 - Ordinance No. 65 b - Page 4 E` they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistant therewith. Section 9. NO CONFLICT WITH STATE OR FEDERAL STATUTES. This ordinance shall not be construed so as to conflict with any State or Federal statute or with any Military or Naval order, rule or regulation. Section 10. PENALTIES AND VIOLATIONS. Any person, firm or corporation violating any of the provisions of this ordinance or any order, rule or regulation issued pursuant thereto shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding One- Hundred ($100.00) Dollars. Section 11. SEPARABILITY OF PROVISIONS. It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provisions of this Ordinance be declared to be invalid all other provisions thereof shall remain valid and enforceable. Section 12. Whereas, in order to quickly enforce any blackout order and to render the maximum protection to its inhabitants and their property against loss from air raids, it is necessary that appropriate regulations be promulgated by the City of College Sta- tion and put immediately in effect, and the lack of such regulations creates an urgency and an emergency in the immediate preservation of the public peace, health and safety requires that this ordinance shall take effect from and after its passage and publications as required by law, and it is accordingly so ordained. Passed and approved this 5th day of February, A. D. 1942. APPROVED: S /Frank G. Anderson Mayor ATTEST: SJLucy L. Sneed Asst City Secretary - 109 - ORDINANCE NO. 67 C AN ORDINANCE REQUIRING WEEDS AND GRASS TO BE CUT UPON PREMISES AND THAT RUBBISH AND TRASH BE REMOVED THEREFROM: AND FIXING A PENALTY FOR FAILURE TO COMPLY WITH SUCH ORDINANCE, AND PROVIDING THAT SAME SHALL BE DONE BY THE CITY IN THE EVENT OF SUCH FAILURE AND PROVID- ING FOR THE FIXING OF A LIEN UPON THE PROPERTY FOR THE EXPENSE INCURRED IN REMOVING AND DECLARING THAT ALLOWING WEEDS TO GROW AND TRASH AND RUBBISH TO ACCUMULATE TO BE A NUISANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. It shall be unlawful for any owner, lessee, occupant or any person in charge of any premises in the City of College Sta- tion to allow weeds to grow upon the premises, or trash or rubbish to accumulate upon said premises to such an extent as is reasonably calculated to create a fire hazard or calculated to become injurious to the health of the citizens of College Station, and either act is hereby declared to constitute a public nuisance. Section 2. Whenever weeds are allowed to grow, or trash or rubbish allowed to accumulate upon any premises of the City of College Station as prohibited by this ordinance the City Council shall hear evidence and determine whether or not such accumulation of rubbish and trash or the growth of weeds thereon, or both, are sufficient to constitute a nuisance as herein defined, and if they so find, they shall pass a resolution declaring that the growth of weeds or accumulation of trash and rubbish upon such premises, or both, constitutes a public nuisance, and shall order same removed by the owner, occupant, lessee or person in charge of such premises, within five days from the date such notice is given. Section 3. In the event the owner of the premises upon which is located a nuisance as prohibited by this ordinance can not be found or served with notice, and there does not appear to be any person of such premises or occupancy, or in the event the nuisance is not abated by cutting the weeds and removing the trash and rubbish or either of them, as the case may be, then said nuisance shall be abated by the City of College Station, and the expense incurred, which shall include salary and wages of all employees, and reasonable charge for machinery and tools, vehicles, etc., used in abating said nuisance shall be a personal charge against owner of said premises and shall be assessed as a lien against the property on which said nuisance is located and removed therefrom, and shall be due and payable to the City Tax Collector the following tax paying period, that is, the first day of March following the date at which such nuisance is abated and failure to pay when due shall cause a ten per cent penalty to be added and same shall bear interest from the date the same is due, at the rate of six per cent per annum. Section 4. Failure to cut weeds and remove trash and rubbish or to do either of them when notified to do so, as set out in this ordinance by any party obligated to do so by this ordinance, shall - 110 - Ordinance No. 67 - Page 2 ( be punished by a fine in any sum not exceeding fifty dollars (00.00) and each day that such nuisance shall continue after the time for abatement as herein set out shall constitute a separate offense. Passed and approved this the 25th day of June, A. D., 1942. APPROVED: Ernest Langford Mayor ATTEST: Lucy L. Sneed Asst. City Secretary - 111 - ORDINANCE NO. 75 AN ORDINANCE DEFINING RESTAURANT, EMPLOYEE, EATING AND COOKING UTENSILS, HEALTH OFFICER, HEALTH CERTIFICATE, ETC., REQUIRING PERMITS FOR THE OPERAT ION OF SUCH ESTABLISHMENTS AND HEALTH CERTIFICATES FOR FOOD HANDLERS, PROHIBITING THE SALE OF ADUL- TERATED, UNWHOLESOME OR MISBRANDED FOOD OR DRINK, REGULATING THE INSPECTION, GRADING, REGRADING, AND PLACARDING OF SUCH ESTABLISHMENTS, THE ENFORCEMENT OF THIS ORDINANCE, AND FIXING PENALTIES, AND DECLARING AN EMERGENCY. Be it ordained by the Council of the City of College Station, Texas: SECTION 1. DEFINITIONS: A. Restaurant. The term "Restaurant" shall mean any es- tablishment serving food or drink to the public. B. Employee. The term "Employee" shall mean any person who is working in a restaurant, either owners or individuals employed. C. Eating and Cooking Utensils. The term shall apply to any equipment with which food or drink comes in contact during storage, preparation, serving, or eating. D. Health Officer. The term "Health Officer" shall mean the health authority of the City of College Station or his authorized representative, or any officer of the City or any- one authorized by law, or ordinance, to act concerning the health of the City. E. Health Certificate. A valid health card shall be one conforming to State Law, which has been issued after the employee has shown a negative standard blood test for syphilis; or, if in- fected with syphilis, evidence of adequate treatment to prevent infectiousness. There shall also be required, at least once a year, a certificate showing the employee to be free from tuber- culosis. This certificate shall show that the individual has either a negative tuberculin test or a negative chest X -ray. The Health Certificate shall be issued by the City - County Department of Health, after the food handler presents a signed affidavit by a physician located in Brazos County, Texas, stating that he has been examined and found to be free from any communi- cable disease, together with the laboratory report on the syphilis and tuberculosis tests. All original Health Certificates and lab- oratory and other reports shall be recorded in the office of the Health Unit. A copy of the Health Certificate of each food handler shall be posted in the establishment in which he is employed. This Health Certificate shall be renewed every six months. Syphilis and tuberculosis tests may be made by the laboratory service of the Local Health Department if the Food Handler so desires. - 112 - Ordinance No. 75 - Page 2 F. Person. The word "Person" shall mean person, firm, cor- poration, or association. SECTION 2A. PERMITS It shall be unlawful for any person to operate a restaurant in the City of College Station, Texas, who does not possess an un- revoked permit from the Health Officer and in whose place of bus- iness such permit is not posted in a conspicuous place. This sec- tion shall apply to temporary or itinerant as well as to permanently established places of business. Only persons who comply with the requirements of this ordinance shall be entitled to receive and re- tain such a permit. Such a permit may be revoked by the Health Officer upon the violation by the holder of any of the terms of this ordinance, or at any time when in the judgement of the Health Officer the res- taurant has become a health menace. SECTION 2B. HEALTH CERTIFICATES FOR FOOD HANDLERS A valid health certificate is required of all employees working in a restaurant. A copy of the health certificate, issued by the City - County Department of Health, shall be kept at the restaurant in which the employee works. Permits shall be revoked for violation of this item. Cro SECTION 3. PLACARDING OR PUBLIC DISPLAY OF APPROVAL Every restaurant shall display at all times in a conspicuous place a placard, showing same has been and is approved by the City Health Officer. SECTION 4.. EXAMINATION AND CONDEMNATION OF UNWHOLESOME, ADULTERATED, OR MISBRANDED FOOD AND DRINK Samples of food and drink may be taken and examined by the Health Officer as often as he deems necessary for the detection of unwholesomeness, adulteration, or misbranding. The Health Officer may condemn, remove, and destroy any food or drink which he deems unwholesome, adulterated, or misbranded. SECTION 5. INSPECTION OF RESTAURANTS At least once every month the Health Officer shall inspect every restaurant located within the City of College Station, Texas. In case the Health Officer discovers the violation of any items of sanitation required herein, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied. If, upon the second inspection, the same item of sanitation is found to be violated, the placard and permit shall be removed by the City Health Officer. - 113 - Ordinance No. 75 - Page 3 The inspection report shall be posted by the Health Officer upon the inside wall of the restaurant and a copy shall be filed with the records of the Health Department. SECTION 6. THE APPROVED RESTAURANTS The approval of all restaurants shall be based upon the fol- lowing standards: APPROVED RESTAURANTS Approved restaurants are those which comply with all of the following items of sanitation. ITEM I. FLOORS. The floors of all rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. Kitchen floors shall be impervious to water. ITEM II. WALLS AND CEILINGS Walls and ceilings of all rooms in which food or drink is I "" stored, prepared, or served shall be kept clean and in good �" repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray. ITEM III. LIGHTING All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. ITEM IV. VENTILATION All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ventilated. ITEM V. TOILET FACILITIES Every restaurant shall be provided with adequate toilet fac- ilities, conveniently located and conforming to city plumbing ordinance. Toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self- closing. Toilet rooms shall be kept in a clean condition, in good repair, and well C lighted, and ventilated. Handwashing signs shall be posted in each toilet room used by employees. In case privies or earth closets are and used, they shall be separate from the - 114 - Ordinance No. 75 - Page 4 building, and shall be of a sanitary type constructed and operated in conformity with the requirements of item lOr of the U. S. Public Health Service Milk Ordinance and Code, a certified copy of which shall be on f ile in the office of the City Secretary. ITEM VI. WATER SUPPLY The water supply shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be ade- quate, and of a safe sanitary quality. ITEM VII. LAVATORY FACILITIES Adequate and convenient handwashing facilities shall be pro- vided, including running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall return from a toilet room without washing his hands. ITEM VIII. DOORS AND WINDOWS When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self - closing, unless other effective means are provided to prevent the entrance of flies. ITEM IX. CONSTRUCTION OF UTENSILS AND EQUIPMENT All eating and cooking utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair, ITEM X. CLEANING AND BACTERICIDAL TREATMENT OF EQUIPMENT AND UTENSILS All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and Free from dust, dirt, insects, and other contamina- ting material. All cloths used by waiters, chefs, and other employees shall be clean. Single- service containers shall be used only once. All except single- service eating and drinking utensils shall be thoroughly cleaned and subjected to an approved bactericidal process after each usage. All multi -use utensils used in the pre- paration, cooking, or serving of food and drink shall be thoroughly cleaned and subjected to an approved bactericidal process immediately following the day's operation. ITEM XI. STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT After bactericidal treatment no utensils shall be stored except in a clean dry place protected from flies, dust, or other contamina- tion, and no utensil shall be handled except in such a manner as to prevent contamination as far as practicable. Single- service utensils shall be purchased only in sanitary containers and shall be stored therein in a clean dry place until used. - 115 - Ordinance No. 75 - Page 5 ITEM XII. DISPOSAL OF WASTES All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles with fly -proof lids, in such manner as not to become a nuisance. ITEM XIII. REFRIGERATION All perishable food or drink shall be kept at or below 50 F. except when being prepared or served. Waste water from refrigeration equipment shall discharge into an open sink or drain, properly trapped and sewer connected, pro- vided that where sewer connections are not available clean adequate watertight drip pans may be used. ITEM XIV. WHOLESOMENESS OF FOOD AND DRINK All food and drink shall be wholesome and free from spoilage. All milk, milk products, ice cream, and other frozen desserts served shall be of a grade approved by the Health Officer. Milk shall be pasteurized and served in the original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams, and mussels shall be from approved sources. No unwholesome or refused �-- foods shall be served. ITEM XV. STORAGE AND DISPLAY OF FOOD AND DRINK All food and drink shall be so stored and displayed as to be protected from dust, flies, vermin handling, droplet infection, over- head leakage, and other contamination. No live animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies shall be used. ITEM XVI. CTFANLINESS OF EMPLOYEES All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. ITEM XVII. MISCELLANEOUS The surroundings of all restaurants shall be kept cleasand free of litter or rubbish. None of the operations connected with a res- taurant shall be conducted in any room used for domestic purposes or opening into domestic rooms. Adequate lockers or dressing rooms shall be provided for employee's clothing. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. - 116 - Ordinance No. 75 - Page 6 No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of eating or cooking utensils. ITEM XVIII. NON- APPROVED RESTAURANTS Non - approved restaurants are those which have been found on two successive inspections to have violated the same items of sanitation required for approved restaurants. SECTION 7. RESTAURANTS APPROVED From and after two months from the date on which this ordinance takes effect, no eating or drinking establishments except approved restaurants shall be given a permit to operate. SECTION 8. NOTIFICATION OF DISEASE Notice shall be sent to the Health Office immediately by the restaurant manager or by the employee concerned if he or any employee contracts any infection, contagious, or communicable disease, or has a fever, a skin eruption, a cough lasting more than three days, or any other suspicious symptom. A placard containing this section shall be posted in all toilet rooms and privies. Cie SECTION 9. PROCEDURE WHEN INFECTION SUSPECTED When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the Health Officer is author- ized to require any or all of the following measures: (1) the imme- diate exclusion of the employee from all restaurants; (2) the imme- diate closing of the restaurant concerned until no further damage of disease outbreak exists in the opinion of the Health Officer; (3) adequate medical examinations of the employee and his associates with such laboratory examinations as may be indicated. SECTION 10. ENFORCEMENT INTERPRETATION This ordinance shall be enforced by the Health Officer in ac- cordance with the interpretations thereof contained in the 1938 edition of the U. S. Public Health Service Code regulating eating and drinking establishments, and subsequent revision; a certified copy of which shall be on file in the office of the City Secretary. SECTION 11. PENALTIES Any person who violates any provision of this ordinance shall be fined not less than 325.00 nor more than 3100.00 upon conviction. Each and every violation of the provisions of this ordinance consti- tute a separate offense. Operating a restaurant without a permit or in violation of any section thereof will constitute a nuisance which may be abated by injunction. - 117 - Ordinance No. 75 - Page 7 SECTION 12. REPEAL AND DATE OF EFFECT fir► All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect immediately upon its adoption and its publication. SECTION 13. UNCONSTITUTIONALITY CLAUSE Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason the remainder of said ordinance shall not be affected thereby. SECTION 14. EMERGENCY The Mayor, having signified in writing that an emergency existed on account of the operation of restaurants which endangered the health of the inhabitants of the City of College Station, and that in order to protect the health of the inhabitants of this City, this ordinance is hereby now finally passed at its first reading and the same shall be in full force and effect from and after its passage and publication in the manner and for the time provided by law. Passed and approved this the 20th day of January, 1944. APPROVED: c S /Ernest Langford Mayor ATTEST: S /Claude W. Rodgers Asst. City Secretary - 118 - ORDINANCE NO. 77 AN ORDINANCE DECLARING CERTAIN AREAS WITHIN THE CITY AS BEING WITHIN THE FIRE LIMITS, PROVIDING FOR PERMITS AND INFECTIONS FOR ERECTIONS, ADDITIONS, AND ALTERATIONS OF BUILDINGS IN FIRE LIMITS, PRESCRIBING TYPES OF CONSTRUCTIONS PERMITTED IN FIP.E LIMITS, DEFINING TYPES OF FRAME BUILDING IN FIRE LIMITS AND PROVIDING FOR A PENALTY FOR VIO- LATION OF PROVISIONS OF THE ORDINANCE. BE IT ORDAINED by the City Council of the City of College Station, Texas: SECTION I. FIRE LIMITS: The following shall be and are hereby de- clared to be the fire limits: Beginning at the intersection of the Sulphur Springs Road and State Highway No. 6; Thence in a southeasterly direction along the center line of State Highway No. 6 for a distance of 2985 feet to the intersection of the centerline of State Highway No. 6 with the extension of the northwest side of lot 14, block 3, of the College Hills Estate Addition to the City of College Station, Texas; Thence N. 45 E. a distance of approximately 280 feet to the north corner of lot 14, block 3 of said addition; Thence in a northwesterly direction along the south side of alley in block 3 of said addition to the intersection of the south side of the alley with Walton Drive; Thence continuing in a northwesterly direction along the south side of the alley in block 1 of each addition to the most northerly corner of lot 10, block 1; Thence in a westerly direction along southside of circular alley in block 1 to the most northerly corner of lot 5, block 1 of said addition; Thence N 45 W and parallel with State Highway No. 6 a distance of 2000 feet to the northwest side of lot 28 of the D. A. Smith Subdivision of 69 acres out of the Richard Carter League of Brazos County, Texas; Thence S 45 W a distance of 200 feet to the point of beginning. Beginning at the south corner of Farm Highway No. 60 and old Highway No. 6, Block 8, Boyett addition; Thence northeast along center of Farm Highway No. 60 through blocks 8, 1, and 2 to east corner of Tauber street and Farm Highway No. 60; Thence NW approximately 189 feet; Thence SW to East corner of block 1, lot 21, to corner of Main and Patricia streets; Thence NW approximately 50 feet; Thence SW approximately 190 feet which includes lots 21 to 26 incl. also in block 1, Boyett addition; Thence NW approximately 150 feet to the Church Avenue: Thence SW approximately 52 feet to Patricia street which includes lots 18 -27 and 28, block 1, Boyett addition; `Irr Thence SW on Patricia street to Old Highway No. 6; Thence SE approximately 200 feet along center of old Highway No. 6 to the place of beginning. - 119 - Ordinance No. 77 - Page 2 • Beginning at the corner of Jersey Street and Montclair Street, block 8, West Park Addition; Thence SW along center line to Highlands Street, which includes lots 1 -13 inclusive, Thence SE along center line of Highlands Street, 100 feet to alley; Thence NE to east corner of lot no. 1, block no. 8, Montclair Avenue; Thence NW 100 feet to place of beginning. SECTION II. PERMITS AND INSPECTIONS: No structure, building or part thereof, shall hereafter be built, enlarged, or altered, until a complete act of plans and specifications shall have been filed with the City Secretary, together with a statement of materials to be used, shall have been submitted to the City Engineer, who shall, if in accord- ance with the provisions herein contained, issue a written permit in triplicate for the proposed work, once copy of which shall be kept on file with the City Secretary. Structures hereafter erected without a permit, or not in con - formity with this ordinance, shall be removed. No building shall be moved from without to within the fire limits, now from one location to another within the fire limits until a permit shall have been issued therefor. No permit shall be issued unless such construction is in accordance with this ordinance. The designated Building Inspector shall inspect, as often as practical, construction in progress to see that all provisions of this ordinance are being complied with. SECTION III. CONSTRUCTION REQUIRED WITHIN THE FIRE LIMITS: No building or structure of wooden, ironclad (whether on wood or metal supports), stucco, or veneer type construction, or any building whose walls contain wood supports shall be permitted except as indicated in Section 4. No building shall hereafter be built, enlarged, or altered, except in accordance with this ordinance. The thickness of walls shall be not less than as given below: Brick walls shall not be less than 12 inches thick, except that small one story buildings with floor areas of 750 square feet or less may have walls eight inches thick. Reinforced concrete wall may be three - fourths of the thickness of brick walls, but in no case less than eight inches. Hollow building tile may be used as filler walls provided such walls be supported on reinforced concrete beams and footings, and by adequate reinforced concrete or brick pillars or columns spaced not more than 16 feet apart; walls to be not less than 12 inches thick. Small one -story buildings of less than 500 square feet floor area may have walls of 8 inch hollow building tile. Solid stone walls shall be four inches thicker than brick walls for like construction. - 120 - Ordinance No. 77 - Page 3 SECTION IV. FRAME BUILDING IN FIRE LIMITS: The following frame structures are permissable in the fire limits: A. Temporary one -story frame buildings for the use of builders. B. Wooden fences not over 8 feet high without roof or cover. SECTION V. ROOFS: All buildings or structures hereafter con- structed in the fire limits shall have incombustible roof coverings. No roofing on an existing roof shall be renewed or repaired to a greater extent than 10% of the roof surface, except in conformity with this ordinance, and in no instance shall more than one permit be issued each existing building in any one year. SECTION VI. REPAIRS AND ADDITIONS: Any existing building within the fire limits which may hereafter be damaged by fire, decay, or otherwise, to an amount greater than 50% of its present value, exclusive of the foundation, shall not be repaired or rebuilt, but shall be removed. Extensions, remodeling, or additions to existing buildings shall not be considered as repairs, and shall not be permitted except when conforming with Section 3 of this ordinance. SECTION VIII. ARBITRATION: Whenever an application for permit to repair any existing building already located within the fire limits is made by any person or firm, and the City Council and the application disagrees on the extent of repairs to be made, and a permit is denied by the designated Building Inspector, then the City Council or Commission shall appoint a competent and disinterested person, and the applicant shall appoint a com- petent and disinterested person, which said two persons so appointed shall select a third member, and these said three persons shall ap- praise the building, examine the plan of the proposed work, and the statement of materials and labor to be used in the repairing or re- building, and make a signed written report of their findings to the City Council or Commission. If such report reflects clearly that said rebuilding or repairing would be violating this ordi- nance, then such application for permit shall be denied by the City Council or Commission, and if such report reflects that the person seeking said permit has complied with said ordinance then said City Council or Commission shall issue a permit for the proposed rebuilding or repairing. SECTION VIII. VALIDITY OF ORDINANCE: If any section, paragraph, subdivision, clause, phase or provision of this ordinance shall be abjudged invalid or held unconstitutional the same shall not affect the validity of this ordinance as a whole, or any part of provision thereof, other than the part so decided to be invalid or unconstitu- tional. - 121 - Ordinance No. 77 - Page 4 • SECTION IX. OTHER ORDINANCES: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION X. FEES: Fees for building permits required by this ordinance shall be as follows, and shall be paid to the City Secretary at the time the written request for permit is filed. COST OF OP ERAT IO N FEE $ 50 to $ 250 $ 1.00 251 to 1000 2.00 1001 to 3000 3.00 3001 to 5000 5.00 5001 to 7500 7.50 7501 and Over 10.00 Plumbing inspection fees: $2.00 per trip with two inspections required. Electrical inspections fees: $2.00 per trip with two inspections required. Accompanying each permit there shall be one complete set of plans and specifications which shall remain in possession of the City. SECTION XI. PENALTIES: Violation of any of the provisions of this ordinance shall be punishable by a fine not to exceed $100 per day of violation, and each day of violation shall be considered as a separate offense. Passed, ordered published, and approved by the City Council at a regular meeting held at the City Office on March 16, 1944 A. D. APPROVED: S /Ernest Langford Mayor ATTEST: S /Claude W. Rodgers City Secretary - 122 - ORDINANCE NO. 78 AN ORDINANCE CREATING THE OFFICE OF CITY MANAGER FOR THE CITY OF COLLEGE STATION, TEXAS, PRESCRIBING THE DUTIES AND POWERS THEREOF, AND REPEALING ORDINANCE NUMBER 70. WHEREAS, the qualified voters of the City of College Station, Texas, on April 4, 1944, adopted the City Manager form of government as authorized by House Bill Number 728, Acts of the 48th Legislature, 1943, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. The City Council hereby creates the Office of City Manager for the City of College Station, Texas, and prescribes the duties and powers thereof. Section 2. The City Council shall appoint a City Manager for the City of College Station, Texas, who shall be the admini- strative head of municipal government under the direction and supervision of the City Council. Section 3. The City Manager may or may not be a resident of the City of College Station, Texas, at the time of his appoint- ment, but during the term of his office he shall reside in the City, Section 4. The City Manager shall be appointed for an indefi- nite period but shall be subject to discharge at will by the City Council. Section 5. During the absence or disability of the City Mana- ger, the City Council shall designate some properly qualified person to perform the duties of his office. Section 6. The duties and powers of the City Manager shall be: (a) To devote all of his working time and attention to the affairs of the City, and be responsible to the City Coun- cil for the efficient administration thereof. (b) To see that all laws and ordinances are enforced. (c) With the advise of the City Council, to appoint and re- move all assistants who may work under his direction. (d) To exercise supervision and control over all depart- ments created by the City Council or which may be here- after created by the Council. (e) To attend all meetings of the City Council, with the right to participate in all discussions but having no right to vote. (f) To see that all terms and conditions imposed in the fa- vor of the City or its inhabitants in any public utility franchise are faithfully kept and performed; and upon learning of any violation thereof to call the same to the attention of the City Council. - 123 - Ordinance No. 78 - Page 2 (g) To act as Budget Officer, and as such to prepare and sub- mit to the City Council prior to the beginning of each fis- cal year a budget of proposed expenditures for the en- suing year, showing in as much detail as possible or practicable the estimated amounts required by months for the efficient operation of each department of the City government, and the reasons for such estimated expenditures. (h) To make and file in addition to the requirements of paragraph (g) a budget as required by State law. (i) To make a full written report to the City Council as soon after the close of each monthts accounts as possi- ble, showing the operations and expenditures of each department for the preceding month, and a comparison of such monthly expenditures, by departments, with the monthly allowances made for such departments in the an- nual budget; and to keep the City Council fully advised at all times as to the financial condition and needs of the City. (j) To act as purchasing agent for the City by purchasing all merchandise, material, and supplies needed by the City, and to establish, if necessary and expedient, a suitable storehouse where such supplies may be kept and from which same shall be issued as needed; to adopt such rules and regulations governing requisitions and transaction of business between himself as purchasing agent and other officers and employees of the City as the City Council may approve. As purchasing agent for the City, it shall be the City Managerts responsibility to give opportunity for compe- tition on all purchases and sales, except in such in- stances when the nature of the purchase or sale is such that competition is impossible or impracticable. All purchases in excess of One- Hundred Dollars, except of real estate, or rights or easements therein, shall be by contract to the lowest responsible bidder; and all sales in excess of the above named amount, except of real estate, or rights or easements therein, shall be made to the highest bidder after public notice and the receipt of sealed bids, unless the City Council, by or- dinance, may determine that it is impossible or impracti- cable to purchase or sell in such manner. All sealed bids shall be opened in public and thereafter shall be open to public inspection. The purchasing agent may reject all bids and readvertise for new bids. He may require successful bidders to furnish security condi- tioned upon the faithful performance of their contracts, or conditioned upon the payment of the wages and compen- sation of all laborers employed on work for which a con- tract is made by the contractor, the subcontractor, - 124 - Ordinance No. 78 - Page 3 agent, or any other person, or conditioned for both. The purchasing agent shall not let any contract for periods exceeding one year for street lighting, public improvements, labor or supplies. In case of accidents or other circumstances creating an emergency, the City Manager may, with the consent of the City Council, award contracts and make purchases for the purpose of repairing damages caused by said accident or avoiding said public emergency; but immediately after- wards he shall file with the Mayor a certificate showing such emergency and the necessity for such action, to- gether with an itemized account of all expenditures. Whenever the City Council determines to authorize the purchase of any real estate, or rights or easements therein, it shall pass an ordinance containing a descrip- tion of the real estate, or rights or easements therein to be acquired, declaring its intention to acquire the same and that it deems the same necessary for municipal purposes, directing the City Manager to ascertain the price and to negotiate for the purchase of the same, and to report to the City Council the price at which the purchase may be made. If the City Council approves the price reported by the City Manager, it shall authorize him to make the purchase. If the City Council disap- proves the price reported by the City Manager, or if the City Manager reports that he is unable to obtain a price negotiation, the City Council may authorize con - demnation proceedings for the acquisition of such real estate, rights, or easements. In case a local assess- ment is to be levied for the whole or any part of the expense of the acquisition of such real estate, rights, or easements, the City Council shall proceed thereon as in the case of other local improvements, and may in the ordinance for the local improvement direct the acquisi- tion as herein provided of real estate, rights, or ease- ments necessary therefor. (k) To recommend to the City Council the salaries to be paid to each appointive officer and subordinate employee of the City; and it shall be the duty of the City Council to pass ordinances or resolutions, from time to time, fixing rates of compensation. (1) To recommend to the City Council, in writing, from time to time, for adoption, such measures as he may deem necessary or expedient. (m) To do and perform such other duties as may be prescribed by ordinance and resolutions of the City Council. - 125 - Ordinance No. 78 - Page 4 "" Section 7. The City Manager shall receive such compensation �r as the City Council shall fix from time to time by ordinance or resolution. Section 8. All ordinances of the City prescribing the duties of employees shall remain in full force and effect except in so far as they conflict with the provisions of this ordinance, in which case the provisions of this ordinance shall govern. Section 9. Ordinance No. 70, passed and approved on October 22, 1942, is repealed. Passed and approved this the 13th day of April, A. D., 1944. s/ Ernest Langford Mayor ATTEST: s/ Claude W. Rodgers City Secretary -126- ORDINANCE NO. 92 GARBAGE AND TRASH ORDINANCE AN ORDINANCE DEFINING THE VARIOUS KINDS OF GARBAGE, REGULATING THE KINDS AND SIZE OF RECEPTACLES IN WHICH TO PLACE SAME, THE MANNER OF ITS PREPARATION AND WHERE IT MUST BE PLACED TO BE COLLECTED; PRO- VIDING REGULATIONS FOR COLLECTING SAME AND PROHIBITING THE PLACING OF GARBAGE OR ANY ARTICLE OR MATERIAL IN STREETS AND ALLEYS; PRO- VIDING FOR SERVICE CHARGES; PROHIBITING THE MEDDLING, SCATTERING CONTENTS, PILFERING OR JUNKING, WITH GARBAGE CANS; AND PRESCRIBING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. This ordinance shall be known as the "garbage ordinance'' of the City of College Station. The word "premises" as used in this ordinance shall be taken to mean business houses, boarding houses, offices, theaters, hotels, restaurants, cafes, eating houses, tourist camps, apartments, sanitariums, rooming houses, schools, private residences, vacant lots, and all other places within the city limits of the City of College Station, where gar- bage or trash accumulates in ordinary quantities. The various kinds of garbage shall be defined as follows: (a) By the term "Kitchen garbage" as used in this ordinance is meant dry kitchen refuse, all meat, vegetable and fruit refuse, small dead animals and dead fowls, from any premises within the city limits. (b) By the term "dry kitchen refuse" is meant the solids after the liquid or slop has been drained off. (c) By the term "trash" as used in this ordinance is meant paper of all kinds, tin cans, bottles, paper containers, small boxes, and such other smaller items as are usually discorded by households or businesses; it does not include refuse from build- ing construction, large trees and limbs therefrom, heavy accum- ulations of brick, stone, lumber, ashes, dirt, or other heavy bulky materials. Section 2. It shall be the duty of every person, firm or cor- poration owning, managing, operating, leasing or renting any premises, or any place where garbage or trash accumulate, to provide a portable garbage can constructed of galvanized iron, tin or other suitable metal, with two handles and a tight fitting cover of a capacity not less than five gallons nor over thirty gallons and the daily accumulation of kitchen garbage and dry kitchen refuse shall be placed in this garbage can: It shall also be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any premises to place all trash and rubbish from said premises in boxes, sacks or barrels or other receptacles of reasonable size, provided that the gross weight does not exceed 100 pounds. Garbage cans and trash shall be placed inside the property line at the edge of the alley; and where there is no alley same shall be placed to be readily acces- sible to the city garbage vehicles. - 127 - Ordinance No. 92 - Page 2 Section 3. The City Garbage Department will not make collection of garbage or trash where same is not prepared for collection and placed as designated by the terms of this Ordinance. Section 4. The meddling with garbage cans, trash or rubbish re- ceptacles or in any way pilfering, scattering contents or junkings in any alley or street within the city limits is prohibited. Section 5. Garbage cans shall be kept in sanitary condition and closed tightly. The contents of all receptacles shall be so pro- tected that the wind cannot blow out and scatter same over the streets, alleys and premises of the City. Section 6. In the business district and from hotels, restaurants, cafes, boarding houses, sanitariums and tourist camps, daily collec- tions will be made. In the residential districts garbage and trash shall be pre - pared for collection to be made two times per week, or as often as may be necessary to comply with sanitary regulations of the City. Section 7. There shall be charged, assessed and collected from each person, firm or corporation within the city limits the follow- ing monthly service charges for garbage and trash disposal: Single family residence or apartment - $1.00. Small appliance shops, cleaning establishments, filling sta- tions, photographic shops, etc., each - $3.00. Drug stores, retail groceries, hardware, restaurants, cloth- ing stores, book stores, etc., each - $5.00. The above charges shall be paid each month and within 15 days from date of monthly bill, otherwise service will be discontinued. Section 8. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor and upon conviction shall be fined in any sum not more than $25.00 and each such day violation continues shall constitute a separate offense. Section 9. This ordinance shall be cumulative of all other sani- tary ordinances or regulations of the City of College Station unless in conflict with the terms of said ordinances and regula- tions, in which case the terms of this ordinance shall prevail. • c - 128 - Ordinance No. 92 - Page 3 • Passed and approved this the 10th day of October, A. D. 1946. Approved: S /Ernest Langford Mayor Attest: S /N. M. McGinnis City Secretary • - 129 - ORDINANCE NO 116 AN ORDINANCE PROVIDING FOR PRO RATA PAYMENT FOR THE EXTENSION OF WATER MAINS AND SANITARY SEWER MAINS, FIXING THE FEE FOR CONNECTIONS TO WATER AND SEWER MAINS, REPEALING ANY ORDINANCE IN CONFLICT THERE- WITH AND DECLARING AN EMERGENCY. WHEREAS, the charges that are in effect now for water main and sani- tary sewer main extensions are not in accord with present construc- tion costs; and WHEREAS, today's costs of a six -inch water main, complete in place, averages more than $2.60 per foot; and WHEREAS, today's costs of an eight -inch sanitary sewer main, com- plete in place, averages more than $2.00 per foot; and WHEREAS, College Station is in the center of and is experiencing a great building expansion program, thereby necessitating the ex- tension of its water and sanitary sewer mains to new areas, and the obligation of the City to install these water mains and sani- tary sewer mains on the basis of the present charges will cause considerable impairment of public funds and a continuing loss of these funds; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. Rates for extensions. The City of College Station, Texas, may extend water and sanitary sewer mains in the streets and alleys, or easements, within the City Limits of the City of College Station in order to permit connections with persons de- siring and seeking water service and sanitary sewer service. A charge shall be made against each lot or tract of land, and the owner thereof, whose water or sewer line shall be hereafter con- nected with any water main or sanitary sewer main in the City of College Station, shall be charged at the following rates, repre- senting a proportionate part of the cost of such water and sani- tary sewer mains as may be necessary in and for a given street or area: $1.30 per front foot of the lot or tract of land to which water connections may be made. $1.00 per front foot of the lot or tract of land to which sanitary sewer connections may be made. The above front foot rates are to be the bases for costs on prop- erty fronting on streets of the usual width and conditions in areas platted into the usual rectangular lots or tracts of land, with a depth of not to exceed 150 feet. Where lots or tracts of land are greater than 150 feet in depth or are irregular in size or shape, then the pro rata charges shall be based upon equiva- lent rectangular lot or tract, using one front foot for each 150 square feet of area. It is herein further provided that, in the C event the extension of water or sanitary sewer mains under this ordinance shall involve the removal of pavement in the construction thereof, then the cost of removing and repairing such pavement after - 134 - Ordinance No. 116 - Page 2 the extension has been made shall be an additional charge against the property served. SECTION 2. Rate for connections. The City of College Station, Texas, will upon written application and payment of the following connection fees furnish all labor, material and equipment necessary to connect and maintain all water and sanitary sewer service lines from the city's water and sanitary sewer mains to the property line of the applicant. Water connection fee $50.00 Sanitary Sewer connection fee 25.00 All material and equipment used in making any utility connection remains the property of the City of College Station, Texas. SECTION 3. Extensions over one - hundred feet; refunds. Upon re- quest of the owner, or his agent, of a given lot or tract of land, accompanied by the payment of the charges due under this ordinance, the City of College Station shall extend, lay or construct all necessary sanitary sewer and water mains, including valves and hydrants, a distance up to 100 feet, plus the distance across the frontage to be served by the extension for which application has been made. The property to be served shall be required to pay the charges herein provided for. The owners of all intervening prop - erty served by the given main extension shall be required to pay �,► all charges provided for herein, at such time as their property is connected to the mains thus laid; provided, however, that where an applicant for service secures an extension or service under this particular option for main extension, he shall pay the pro rata charges on all property owned by him and which is served by, even though not connected to, the extension requested. Where property, for which the owner or owners desire either or both water connec- tions and sanitary sewer connections with the mains of the City of College Station, is located more than 100 feet from an exist- ing water or sewer main, the City of College Station will make the necessary main extensions up to 100 feet. The owner or own- ers, or their agents, shall be required to pay the estimated costs of the proposed extensions beyond the 100 feet; provided, however, that when seventy -five percent of the available frontage has been connected for bona fide service to such main extensions, there shall be refunded to the person or persons advancing the whole cost of such extensions, that portion of said costs so advanced which is the dif- ference between the actual cost of the said main extension and the pro rata charges due from the owner or owners of the property for which the extension was built; it being further provided also that the City may exercise the option of refunding to the person or persons advancing the cost of the main extension, any pro rata share of said main extension at the time it is paid to the City by the owner of a lot or tract of land served by said main extension and not owned by the person or persons who advanced the cost of the original main extension. In applying this rule, where part of the original property served by the given extension was acreage, - 135 - Ordinance No. 116 - Page 3 then the equivalent frontage of the acreage on which the charges were based shall be used. In no event shall the person or persons advancing the cost of water or sewer mains be refunded an amount that would represent any part of the pro rata charges against their own property that can be served by the given extension. At the option of the City of Cmllege Station, the following method for extending water and sewer mains may be used in lieu of the method outlined above, This method shall be available only for use by an individual owner, personal or corporate, to secure water and sewer service for the individual's residence or business. Where eligible for this option, the owner may advance and pay unto the City of College Station the entire pro rata costs as set forth in this ordinance, to wit: $1.30 per front foot for water connections, and $1.00 per front foot for sewer connections on all property served by the desired main extension, and the City of College Station, when said money has been actually deposited with the City Utilities office of the City of College Station, will construct the said desired water or sewer main along a street, alley or easement. When any property, other than that served by the extension for which application is made, and for which such person has advanced the pro rata costs is connected to the said main extension, then, in that event, the pro rata costs so advanced on that particular property shall be refunded by the City of College Station to the person making the original de- posit. In no event may the City of College Station be required to make extensions if there are no funds or materials available for that purpose. SECTION 4. Charges to be credited to Water and Sewer Fund. Any and all sums of money hereinafter collected as a connection fee or extension charge at the rates set out in this ordinance, shall be credited to the Water and Sewer Fund of the City of College Station, Texas. SECTION 5. When owner may install. All water and sanitary sewer main extensions herein provided for shall be laid, constructed, and installed by the City of College Station directly or by contract, except that the owner, or his duly authorized agent, of a tract of land consisting of ten acres, or more, may exercise the option of installing a complete water or sanitary sewer system, or both, in- cluding all mains, valves and hydrants, at his own expense and through a private contractor, in which event, that particular prop- erty would not be charged nor subjected to any additional pro rata charges for water or sanitary sewer mains. It is further provided that the water and sewer lines constructed through a private con- tractor shall be subject to all requirements, specifications and regulations of the City of College Station, covering water and sewer mains to be connected to the systems of the City of College Station, and that no private contract shall be let except upon the written approval of the City of College Station, with the provision that all - 136 - Ordinance No. 116 - Page 4 ® such water and sewer mains, valves, hydrants, and all appurtenances thereto, shall be and become the property of the City of College Station immediately upon their installation and construction, free and clear of all liens, claims and encumbrances. SECTION 6. Existing lines exempt. All property platted into lots or tracts and having adequate existing water and sanitary sewer mains installed by the City of College Station, at the effective date of this ordinance, shall be exempt from the pro rata charges for the water and sanitary sewer mains as to the said existing ade- quate mains. Where such property is later subdivided, whereby an extension of mains is required to serve same, then the terms of this ordinance shall govern. Where the property owner or developer has already paid or contributed toward any of the existing mains, then the property properly served by the existing mains without extension thereof, shall be exempt for the pro rata charges for water and san- itary sewer connections. SECTION 7. Purpose of Ordinance; Where front foot rule inequitable; No vested rights. The intent and purpose of this ordinance is to provide an equitable charge for water and sanitary sewer connections and a proportionate distribution of the cost of water and sanitary sewer main extensions to serve property in the City of College Sta- tion on a front foot basis. In case a property or tract of land is so situated or shaped that the front foot rule creates an inequitable C basis as between it and other tracts of land in the City of College Station, then, in that event, the City Engineer shall determine the proper charges in accord with the intent and purpose of this ordi- nance. No person shall acquire any vested rights under the terms and provisions of this Ordinance. SECTION 8. Repeal. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 9. Emergency. The fact that the City of College Station, Texas, is badly in need of the regulations herein contemplated, and said regulations will be to the best interest and general welfare of the said City, creates an emergency and an imperative public necessity that the rule requiring ordinances to be read at more than one meeting of the City Council before final passage be suspended, and said rule is hereby suspended, and that this ordinance take ef- fect and be in full force and effect immediately from and after its passage at this meeting, and it is so ordained. Passed and approved, this 17th day of March, 1948. Approved: s /Ernest Langford Attest: Mayor s /N. M. McGinnis City Secretary - 137 - ORDINANCE NO. 124 AN ORDINANCE PROHIBITING THE OPERATION OF ANY DEVICE, MACHINE, APPARATUS OR INSTRUMENT TO INTENSIFY OR AMPLIFY OR REPRODUCE THE HUMAN VOICE OR ANY OTHER SOUND ON ANY PUBLIC STREET OR IN ANY BUILDING WHEREBY THE SOUND THEREFROM IS CAST DIRECTLY UPON THE PUBLIC STREETS IN THE CITY OF COLLEGE STATION; TO PRESERVE THE QUIET AND GOOD ORDER OF THE CITY AND TO PREVENT THE DISTURBANCE OF PERSONS OWNING, USING, OR OCCUPYING PROPERTY ADJACENT TO THE PUBLIC STREETS; PROVIDING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That it shall be unlawful for any person to use or operate, or cause to be used or operated, any mechanical or electrical device, machine, apparatus or instrument to intensify or to amplify or to reproduce the human voice, or any other sound, on any public street within the corporate limits of the City of College Station. Section 2. That it shall be unlawful for any person to use or operate, or cause to be used or operated, any mechanical or electrical device, machine, apparatus or instrument to intensify or to amplify or to reproduce the human voice, or to produce, re- produce, intensify or amplify any other sound, in any building or on any premises in the City of College Station, whereby the sound therefrom is cast directly upon the public streets or places or where such device is maintained and operated for advertising pur- poses or for the purpose of attracting the attention of the pass- ing public, or which is so placed or operated that the sounds com- ing therefrom can be heard to the annoyance or inconvenience of travellers upon any street or public place, or of persons in neigh- boring premises. Section 3. The purpose of this ordinance is to prevent any noise in, on, or near any public street which is reasonably cal- culated to disturb the peace and good order of the neighborhood or of persons owning, using or occupying property adjacent to such public streets. Section 4. That every person convicted of the violation of this ordinance shall be punished by a fine of not more than $100.00. Section 5. Each day on which such violation of this ordi- nance occurs shall constitute a separate offense, punishable as herein prescribed. Section 6. Since the peace and good order within the city is now disturbed by the amplification of sound from equipment on trucks operating on city streets, and since no measures are avail - able to stop such disturbances, an emergency exists and is hereby declared to exist, and the rule requiring that ordinances be read - 139- Ordinance No. 124 - Page 2 • at three successive meetings is hereby suspended, and this ordinance shall be in full force and effect beginning March 1, 1949. Passed, approved and ordered published on this the 16th day of February, 1949. APPROVED: S/ Ernest Lansford Mayor ATTEST: S/ N. M. McGinnis City Secretary c c - 140 - ORDINANCE NO. 128 AN ORDINANCE PROVIDING FOR PUBLICATION OF ORDINANCES WITH PENALTIES BY TITLE AND SUMMARY IN LIEU OF PUBLICATION IN FULL. BE IT ORDAINED by the City Council of the City of College Station, Texas: Section 1. When an ordinance imposing any penalty, fine or forfeiture has been passed, unless such ordinance provides for publication in full, a descriptive caption or title stating in summary the purpose of the ordinance and the penalty for violation thereof, shall be published in every issue of the official city newspaper for ten (10) days. Aforesaid method of publication shall be in lieu of publication of the ordinance in full. Passed and approved this the 29th day of June, 1949, A. D. APPROVED: S/ Ernest Lanford Mayor ATTEST: S/ N. M. McGinnis City Secretary - 141 - ORDINANCE NO. 129 • AN ORDINANCE AMENDING ORDINANCE NO. 8 RELATING TO 3 ZONING, PASSED AND APPROVED ON JANUARY 22, 1940, BY ADDING A NEW SECTION THERETO TO BE DESIGNATED AS SECTION 30, PROVIDING A PENALTY FOR THE VIOLA- TION OF SAID ORDINANCE. BE IT ORDAINED by the City Council of the City of College Station, Texas: 1. Ordinance No. 38 relating to Zoning, passed and approved on January 22, 1940, is hereby amended by the addition of a new sec- tion to be designated as Section No. 30 and to read as follows: "Section 30: Penalty. Any person, firm or corporation vio- lating any part of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten (10.00) dollars nor more than one hundred (100.00) dollars for each offense, and each day that such violation continues shall constitute a separate offense." This ordinance shall become effective upon its passage, approval and publication. Passed, approved and ordered published on this the 29 day of June 1949. APPROVED: S/ Ernest Lanufard Mayor ATTEST: S/ N. M. McGinnis City Secretary - 142 - ORDINANCE NO. 131 • AN ORDINANCE MAKING THE PROVISIONS OF THE STATE PLUMBING LICENSE LAW OF 1947 APPLICABLE WITHIN THE CITY. BE IT ORDAINED by the City Council of the City of College Station, Texas: Section 1. The provisions of the State Plumbing License Law of 1947 (Acts 1947, 50th Legislature, State of Texas, P. 192, Ch. 115) which apply in cities of more than five thousand (5,000) popu- lation shall be applicable likewise within this City, and the said provisions of said law are hereby adopted. Passed and approved on this the 29th day of June, 1949. APPROVED: S/ Ernest Langford Mayor ATTEST: S/ N. M. McGinnis City Secretary - 143 - ORDINANCE NO. 134 AN ORDINANCE MAKING IT UNLAWFUL TO KEEP LIVESTOCK OR POULTRY WITHIN THE CITY LIMITS WITHOUT A LICENSE; PROVIDING REGULATIONS FOR KEEPING LIVESTOCK AND POULTRY; PRESCRIBING PROCEDURES FOR GRANTING AND REVOKING LICENSES; PROVIDING FOR INSPECTIONS; PRESCRIBING PENAL- TIES; PROVIDING SEPARABILITY OF SECTIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED by the City Council of the City of College Station, Texas: 1. No person shall keep livestock or poultry within the limits of the City of College Station without first obtaining and thereafter keeping in force a license permitting him to do so. The term livestock includes specifically but not exclusively horses, mules, asses, swine, cattle, sheep, goats, rabbits and guinea pigs; and the term poultry includes specifically but not exclusively chickens, turkeys, geese, ducks, pigeons, and guineas. 2. Said licenses shall be granted or allowed to remain in force only when the regulations as follows are observed: a. The livestock or poultry shall be kept within structures, enclosures, or tethered, and not permitted to run at large. C r„ b. The manure and debris incident to the maintenance and care of livestock or animals shall be scraped from roosts and floors and raked from pens or areas with such frequency as to pre- vent the same from serving as breeding places for insects and from emitting noxious odors. c. The manure and debris scraped or raked as provided in subsection (b) above, shall immediately be collected and either placed and kept in a water proof and insect -proof container until removed from the premises, or treated immediately and periodically thereafter with a chemical as directed by the manufacturer thereof that is manufactured and sold as an effective agent for preventing flies and other insects from breeding in manure and debris. d. The inside walls, ceilings, roosts and floors of the structure in which the livestock or poultry is housed shall be treated and kept treated with D. D. T. or other effective material manufactured and sold for the control of flies, mites and lice and applied according to the manufacturer's directions. e. The structure or enclosure within which the live- stock or poultry are confined shall be not less than one hundred (100) feet from any dwelling house other than that occupied by the owner of the livestock or poultry. 3. The procedure and requirements for the granting and keep- ing in force of licenses shall be as follows: - 144 - Ordinance No. 134 - Page 2 (6'1' a. Any person desiring a license permitting him to keep live- stock or poultry within the city limits shall file an application with the City Secretary on a form provided by him for that purpose. Said application shall among other things call for the name and address of the applicant, the estimated average number and types of livestock or poultry to be kept, a description of the structures, and the facilities to be used for the enclosure of the livestock or poultry and for the disposal of the manure and debris incident to their maintenance and care, and the distance to the adjacent residence from the outside boundaries of the structure or fence in which the live- stock or poultry are to be enclosed. b. The application shall be accompanied by a fee in the amount of ten ($10.00) dollars. The funds derived from such application fees shall be used by the City to defray the cost of inspections and other expenses incident to the enforcement of this ordinance, c. When an application has been filed in due form, the City Sec- retary shall turn the same over to the City Health Officer who shall inspect the facilities wherein the livestock or poultry are to be kept and prepare an opinion as to whether the same are in compliance with the regulations hereinbefore provided. d. The application with the opinion of the City Health Officer Cre attached shall then be submitted to the City Council, which shall then pass on the application. e. A license shall be valid one year from the date of issuance. The same may be renewed by the filing of a renewal application form with the City Secretary on a form provided by him for that purpose and the payment of a renewal application fee in the amount of ten dollars (010.00). f. The City Health Officer shall periodically or upon written complaint of the City Marshall or any resident of the City make an inspection to ascertain whether the regulations as hereinbefore pro- vided are being observed. If he finds that aforesaid regulations are violated, he shall prepare and file a statement to that effect with the City Secretary. The City Council shall then give ten (10) days notice by publication of a hearing. If after a hearing the City Council finds the aforesaid regulations have been violated, it shall then order the permit cancelled. 4. Any person who violates any provision of this ordinance shall be fined not less than twenty -five ($25.00) dollars nor more than one hundred (100.00) dollars. Each day that such violation occurs shall constitute a separate offense. 5. If any section of this ordinance is found to be invalid, the same shall not affect the validity of the remaining sections. -145- Ordinance No. 134 - Page 3 • Passed this the 29th day of June 1949. APPROVED: S/ Ernest Langford Mayor ATTEST: S/ N. M. McGinnis City Secretary - 146 - ORDINANCE NO. 142 AN ORDINANCE PRESCRIBING THE PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFICES OF MAYOR, ALDERMAN (OR COMMISSIONER) AND OTHER OFFICES FOR THE CITY OF COLLEGE STATION, TEXAS; PROVIDING FOR ELECTION OF- FICERS, PLACE AND MANNER OF HOLDING CITY ELECTIONS AND PROVIDING FOR NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. All elections pertaining to municipal affairs shall be governed by the election laws of the State of Texas. In all city elections, the Mayor, City Secretary (or Clerk), of the governing body shall do and perform each act in other elections required to be done and performed respectively by the County Judge, the County Clerk, or the Commissioners' Court. In all city elections the Mayor, or if he fails to do so, the governing body, shall order the election, give notice and appoint election officers to hold the election. In general elections for officers the notice or proclamation shall be issued and posted at the polling places not later than thirty days before the first Tuesday in April of the year in which the election is to be held. Section 2. Any eligible and qualified person may have his name printed upon the official ballot as an independent candidate for the office of Mayor or Alderman (or Commissioner) or other city office by filing his sworn application with the Mayor at least thirty (30) days prior to the election day. The application shall state the specific office or place being sought by the applicant and that the applicant is eligible and qualified under the laws of the State of Texas to become a candidate for and hold the office being sought, if elected. Section 3. (a) The form of the sworn application shall be substantially as follows: "To the Mayor of the City of College Station, Texas, Greetings: "I, , hereby make application to have my name printed on the official ballot as an independent candidate for the office of to be voted upon at the city election to be held on the day of April 19 ; and I hereby certify that I am qualified to make this application and that I am legally qualified to hold such office, if elected. "State of Texas County of Brazos 1 , being duly sworn, deposes and says that the statements contained in the foregoing application are true. (Signed) - 148 - Ordinance No 142 - Page 2 "Subscribed and sworn to before me this the day of 19 (Seal) Notary Public in and for County, Texas." (b) Such sworn application may be accompanied with a pe- tition signed by qualified electors, although such petition is not required. (c) Such sworn application shall be accompanied with an executed copy of the "Loyalty Affidavit" as required by Article 2978a, Vernon's Texas Statutes, in substantially the following form: "I, , of the City of College Station, County of Brazos, State of Texas, being a candidate for the office of , do solemnly swear that I believe in and approve of our present representative form of government, and if elected, I will support and defend our present representative form of gov- ernment and will resist any effort or movement from any source which seeks to subvert or destroy the same or any part thereof, and I will support and defend the Constitution and Laws of the United States and of the State of Texas. (Candidate's Signature) "Sworn to and subscribed before me at Texas, this the day of A. D., 19 (Seal) (Notary Public) "In and for County, Texas." Section 4. The names of all those who have filed their sworn applications to have their names printed on the official ballot as candidates shall be posted by the City Secretary in a conspicuous place at his office for the inspection of the public for at least ten days before he orders the ballots to be printed. All objections to the regularity or validity of the application of any person shall be made within five days after such posting, by written notice filed with the City Secretary, setting forth the grounds of objections. In case no such objection is filed within the time prescribed, the regu- larity or validity of the application of no person whose name is so posted, shall be thereafter contested. The City Secretary shall pre- serve in his office for a period of two years all applications, notice of objections and other related papers. C Section 5. Any person eligible to the office of Mayor, Alderman (or Commissioner) or other office who has filed his sworn application in accordance with the provisions of this ordinance shall have his name - 149 - Ordinance No. 142 - Page 3 printed on the official ballots. Any such person may cause his name to be withdrawn at any time before the official ballots are actually printed, by filing in writing with the City Secretary a request to that effect over his own signature, duly attested to by a Notary Public. No name so withdrawn shall be printed on the ballots. Not later than twenty (20) days before the city general election the City Secretary shall have the official ballots printed. Section 6. Each qualified voter who desires to cast an ab- sentee vote and who expects to be absent on the day of the city general election shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of Article 2956, Vernon's Texas Statutes. Section 7. That hereafter all municipal elections shall be conducted by one presiding officer or judge and two assistant judges to be appointed by the Mayor of the City of College Station, Texas; that the presiding officer shall be compensated for his serv- ices at the rate of six dollars ($6.00) per day and said assistant judges shall be compensated at the rate of five dollars (5.00) per day, which services shall be paid from the general fund of the city. (If additional voting places or help are used, this Section should so specify.) Section 8. That hereafter all elections for the selection of o shall be held at the City Office or City Hall in the City of College Station, Brazos County, Texas, between the hours of 8 :00 A. M. and 6 :00 P. M. Section 9. The City Marshal (or Chief of Police) shall post a properly executed copy of the election proclamation and notice at the place where the election is to be held. Said notice shall be posted thirty days before the date of said election. Section 10. It shall be the duty of the City Secretary to notify all persons elected, and all newly elected officers may enter upon their duties on the fifth day thereafter, Sundays excepted, If any such officer fails to qualify within thirty days after his election, his office shall be deemed vacant, and a new election held to fill the same. Passed and approved this the 13th day of February, 1950. APPROVED: S /Ernest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary - 150 - ORDINANCE NO. 144 AN ORDINANCE MAKING IT UNLAWFUL TO DISCHARGE ANY FIREARM WITHIN THE LIMITS OF THE CITY, DEFINING FIREARMS, AND PROVIDING A PEN- ALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: 1. It shall be unlawful to shoot a firearm within the limits of the city. 2. A firearm shall include specifically but not exclusively any shotgun, pistol, rifle, air rifle, B. B. gun, or any other mech- anism that discharges or ejects any bullet, buckshot, or any other metallic object of any size by force of combustion, mechanism or air. 3. Anyone violating this ordinance shall be guilty of misde- meanor and upon conviction shall be fined not less than Five ($5.00) dollars nor more than Fifty ($50.00) dollars. Passed and ordered published this the 8th day of May 1950 A. D. APP ROVED : S /J. A. Orr Mayor Pro -Tem ATTEST: S /N. M. McGinnis City Secretary c - 151 - I N D E X Article Section Pages ACCIDENTS IV 9 - 11 Accidents Involving Death or Personal Injuries 34 9 Accidents Involving Damage to Vehicle 35 9 - 10 Accident Report Forms 41 11 Duty to Give Information and Render Aid 36 10 Duty upon Striking Unattended Vehicle 37 10 Duty upon Striking Fixtures upon A Street or Highway 38 10 Immediate Reports of Accidents 39 10 Written Report of Accidents 40 10 - 11 DEFINITIONS I 1 - 5 Business and Residence Districts 16 5 Crosswalk 14 4 - 5 Explosives 8 3 Governmental Agencies, Persons, Owners, Etc., Defined 9 3 Highways, Restricted Districts, Zones, Etc. 12 4 Intersection 13 4 Person, Pedestrian, Driver 10 3 Police Officer 11 3 Railroads and Street Cars 7 2 - 3 Right -of -Way 19 5 Safety Zones 15 5 Signals and Devices 17 5 Tires 6 2 Tractors 3 1 - 2 Traffic 18 5 Trailers 5 2 Truck and Bus 4 2 Vehicles and Equipment Defined 2 1 DRIVING ON RIGHT SIDE OF ROADWAY OVERTAKING 1-NO PASSING. ETC. VI 11 - 14 Drive on Right Side of Roadway: Exceptions 44 11 - 12 Driving on Roadways Toned for Traffic 52 13 - 14 Driving on Divided Highway 54 14 Following too Closely 53 14 Further Limitations on Driving to Left of Center of Roadway 49 13 Limitations on Overtaking on the Left 48 12 - 13 No Passing Zones 50 13 - 154 INDEX (Cont'd) Article Section Pages One -Way Roadways and Rotary Traffic Islands 51 13 Overtaking a Vehicle on the Left 46 12 Passing Vehicle Proceeding in Opposite Direction 45 12 Restricted Access 55 14 When Overtaking on the Right Is Permitted 47 12 DRIVING WHILE UNDER THE INFLUENCE OF DRUGS, AND RECKLESS DRIVING V 11 Persons under the Influence of Drugs 42 11 Reckless Driving 43 11 EFFECTIVE DATE XVII 134 37 EQUIPMENT XIII 24 - 34 Additional Equipment Required On Certain Vehicles 100 26 Additional Lighting Equipment 111 29 Alternate Road Lighting Equipment 115 31 Application of Succeeding Sections 99 25 Brakes 118 32 - 33 Color of Clearance Lamps, Side Marker Lamps, and Reflectors 101 26 Head Lamps on Motor Vehicles 96 25 Horns and Warning Devices 119 33 Lamp or Flag on Projecting Load 106 28 Lamp on Parked Vehicles 107 28 Lamps on other Vehicles and Equipment 108 28 Mounting of Reflectors, Clearance Lamps, and Side Marker Lamps 102 27 Mufflers, Prevention of Noise 120 33 Multiple Beam Road Lighting Equipment 112 29 - 30 New Motor Vehicles to be Equipped with Reflectors 98 25 Number of Driving Lamps Required or Permitted 116 31 Obstructed Lights Not Required 105 27 Restrictions as to Tire Equipment 121 34 Scope and Effect of Regulations 94 24 Signal Lamps and Signal Devices 110 29 Single Beam Road Lighting Equipment 114 31 Special Restrictions on Lamps 117 31 - 32 Spot Lamps and Auxiliary Driving Lamps 109 28 - 29 Stop Lamps Required on New Motor Vehicles 104 27 -155 - r INDEX (Cont'd) Article Section Paces Tail Lamps 97 25 Use of Multiple Beam Road Lighting Equipment 113 30 - 31 Vehicles Transporting Explosives 122 34 Visibility of Reflectors, Clearance - Lamps, and Marker Lamps 103 27 When Lighted Lamps are Required 95 24 INSPECTION OF VEHICLES XIV 34 - 35 Inspection by Officers of the Department 124 35 Owners and Drivers to Comply with Inspection Laws 125 35 Vehicles without Required Equipment or in Unsafe Condition 123 34 MISCELLANEOUS RULES XII 22 - 24 Coasting Prohibited 86 23 Crossing Fire Hose 88 23 Fire Extinguishers 93 24 Following Fire Apparatus Prohibited 87 23 Limitations as to Trailers 92 23 - 24 Putting Glass, etc., on Streets or Highway Prohibited 89 23 Removing Materials from Street or Highway 90 23 School Buses 91 23 Unattended Motor Vehicle 85 22 PARTIES, PROCEDURE UPON ARREST, AND REPORTS IN CRIMINAL CASES XVI 35 - 36 Arrest without Warrant 133 36 Offense by Persons Owning or Controlling Vehicles 128 35 Parties to a Crime 127 35 Procedure Prescribed Herein Not Exclusive 132 36 Violation of Promise to Appear 131 36 When a Person Arrested Must be Taken Immediately before a Magistrate 129 35 - 36 When Person Arrested to be Given Five (5) Days' Notice to Appear in Court 130 36 PEDESTRIANS' RIGHTS AND DUTIES IX 17 - 18 Crossing at other than Crosswalks 69 18 Drivers to Exercise Due Care 70 18 - 156 - I N D E X (Cont'd) Article Section Pages Pedestrians Subject to Traffic Regulations 67 17 Pedestrians' Right -of -Way in Crosswalks 68 17 - 18 Pedestrians to Use Right Half of Crosswalks 71 18 Pedestrians on Roadways 72 18 PENALTIES AND DISPOSITION OF FINES AND FORFEITURES XV 35 Penalties for Misdemeanors 126 35 REGULATIONS; OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS II 6 - 7 Obedience to Police Officers 22 6 Provisions of Ordinance Refer to Vehicles upon the Highways and Streets - Exceptions 20 6 Public Officers and Employees to Obey Ordinance - Exceptions 23 6 Required Obedience to Traffic Laws 21 6 This Ordinance not to Interfere with Rights of Owners of Real Estate Property with Reference thereto 25 7 Traffic Laws Apply to Persons Riding Animals or Driving Animal -drawn Vehicles 24 6 - 7 REPEALING ALL ORDINANCES IN CONFLICT XVIII 37 RIGHT -OF -WAY VIII 16 - 17 Operation of Vehicles on Approach of Authorized Emergency Vehicles 66 17 Vehicles Approaching or Entering Intersection 62 16 Vehicle Entering Through Street, High- way, or Stop Intersection 64 16 - 17 Vehicle Entering Street or Highway from Private Road or Driveway 65 17 Vehicle Turning Left at Intersection 63 16 SAVINGS CLAUSE XIX 37 SPECIAL STOPS AND RESTRICTED SPEEDS REQUIRED X 18 - 20 All Vehicles Must Stop at Certain Railroad Grade Crossings 74 19 - 157 - I N D E X (Cont'd) Article Section Pages Certain Vehicles Must Reduce Speed at All Railroad Grade Crossings 76 19 Certain Vehicles Must Stop at All Railroad Grade Crossings 75 19 Moving Heavy Equipment at Railroad Grade Crossings 77 19 - 20 Obedience to Signal Indicating Approach of Train 73 18 Stop before Emerging from Alley or Private Driveway 79 20 Vehicles Must Stop at through Streets or Highways 78 20 STOPPING, STANDING, AND PARKING XI 20 - 22 Additional Parking Regulations 84 22 Officers Authorized to Remove Illegally Stopped Vehicles 81 21 Officers Authorized to Remove Parked Vehicles 82 21 Stopping, Standing, or Parking Prohibited in Specified Places 83 22 Stopping, Standing, or Parking Outside of Business or Residence Districts 80 20 - 21 TRAFFIC SIGNS, SIGNALS, AND MARKINGS III 7 - 9 City Manager Authorized to Adopt 26 7 City Manager Authorized to Place 27 7 Display of Unauthorized Signs, Signals, or Markings 32 9 Flashing Signals 31 8 - 9 Obedience to Official Traffic Control Devices 28 7 Pedestrian Walk and Wait Signals 30 8 Traffic - control Signal Legend 29 7 - 8 WORDS AND PHRASES DEFINED (See Definitions) I 1 - 5 c -158- ORDINANCE NO. 167 AN ORDINANCE ENTITLED "THE TRAFFIC CODE OF 1951 ", DEFINING WORDS AND PHRASES; PRESCRIBING REGULATIONS; PROVIDING FOR PROCEDURE AND METHODS OF TRAFFIC CONTROL; PROVIDING FOR REPORTS OF ACCIDENTS; PROHIBITING DRIVING UNDER INFLUENCE OF DRUGS AND PRESCRIBING A PENALTY THEREFOR; PRESCRIBING DRIVING ROLES; PROVIDING FOR SAFETY MEASURES IN TURNING, STARTING, SIGNALING, AND STOPPING; PRESCRIBING RIGHT -OF -WAY; PROVIDING FOR PEDESTRAINS ' RIGHTS AND DUTIES; REGU- LATING SPECIAL STOPS AND RESTRICTED SPEEDS; REGULATING STOPPING, STANDING, AND PARKING; MISCELLANEOUS RULES; REGULATING EQUIPMENT ON VEHICLES; PROVIDING FOR INSPECTION OF VEHICLES; PRESCRIBING A PEN- ALTY FOR VIOLATION OF THIS ORDINANCE; PRESCRIBING PROCEDURE UPON ARREST; PRESCRIBING AN EFFECTIVE DATE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A SAVING CLAUSE. BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS. This Ordinance shall be entitled "THE TRAFFIC CODE OF 1951." ARTICLE I - WORDS AND PHRASES DEFINED Section 1. The following words and phrases when used in this Ordinance shall for the purpose of this Ordinance, have the mean- ings respectively ascribed to them in this Article. Vehicles and Equipment Defined Section 2, (a) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used ex- clusively upon stationary rails or tracks. (b) Motor Vehicle. Every vehicle which is self - propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (c) Motorcycle. Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor. (d) Authorized Emergency Vehicle, Vehicles of the fire depart- ment (fire patrol), police vehicles, and such ambulances and emer- gency vehicles of municipal departments or public service corpora- tions as are designated or authorized by the police commissioner or the chief of police of the city. (e) School Bus. Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school. Tractors Section 3. (a) Truck Tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed �r as to carry a load other than a part of the weight of the vehicle and load so drawn. - 159 - Ordinance No. 167 - Page 2 (b) Farm Tractor. Every motor vehicle designed and used pri- marily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (c) Road Tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. Truck and Bus Section 4. (a) Truck. Every motor vehicle designed, used, or maintained primarily for the transportation of property. (b) Bus. Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than taxicab, designed and used for the transportation of persons for compensation. Trailers Section 5. (a) Trailer. Every vehicle with or without mo- tive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle. • (b) Semi - Trailer. Every vehicle with or without motive power other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (c) Pole Trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural mem- bers capable, generally, of sustaining themselves as beams between the supporting connections. (d) House Trailer. Every vehicle without automotive power designed for human habitation and for carrying persons and property upon its own structure and for being drawn by a motor vehicle. Tires Section 6. (a) Pneumatic Tire. Every tire in which com- pressed air is designed to support the load. (b) Solid Tire. Every tire of rubber or other resilient ma- terial which does not depend upon compressed air for the support of the load. (c) Metal Tire. Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard non - resilient material. Railroads and Street Cars Section 7. (a) Railroad. A carrier of persons or property upon cars, other than street cars, operated upon stationary rails. - 160 - Ordinance No. 167 - Page 3 • (b) Railroad Train. A steam engine, electric or other motor with or without cars coupled thereto, operated upon rails, except street cars. (c) Street Car. A car other than a railroad train for trans- porting persons or property and operated upon rails principally within a municipality. Explosives Section 8. (a) Explosives. Any chemical compound or mechan- ical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and com- bustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb. (b) Flammable Fluid. Any liquid which has a flash point of 70 degrees F. or less, as determined by a tabliabue or equivalent closed -cup test device. Governmental Agencies, Persons, Owners, Etc., Defined Section 2. (a) Police Commissioner. The Police Commissioner of the City of College Station. (b) Department. The Police Department of the city, acting directly or through its duly authorized officers and agents. Person, Pedestrian, Driver Section 10. (a) Person. Every natural person, firm, co- partnership, association, or corporation. (b) Pedestrian. Any person afoot. (c) Driver. Every person who drives or is in actual physical control of a vehicle. (d) Owner. A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Ordinance. (e) Personal Injury. A wound or injury to any part of the human body which necessitates treatment. Police Officer Section 11. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. - 161 - Ordinance No. 167 - Page 4 • Highways, Restricted Districts, Zones, Etc., Defined Section 12. (a) Street or Highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (b) Private Road or Driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. (c) Roadway. That portion of a street or highway improved, designed, or ordinarily used for vehicular travel. In the event a street or highway includes two (2) or more separate roadways sepa- rately but not to all such roadways collectively. (d) Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (e) Laned Roadway. A roadway which is divided into two or more clearly marked lanes for vehicular traffic. (f) Through Highway or Street. Every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting highways or streets is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Ordinance. (g) Limited Access or Controlled Access Highway. Every high- way, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. Intersection Section 13. (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) street or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict. (b) Where a street or highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided street or highway by an intersecting street or highway shall be regarded as a separate intersection. In the event such intersecting highway or street also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such streets or highways shall be regarded as a separate intersection. Crosswalk Section 14. (a) That part of a roadway at an intersection included within the connections of the lateral lines of the side- walks on opposite sides of the highway or street measured from the - 162 - Ordinance No. 167 - Page 5 • curbs, or in the absence of curbs from the edges of the traversable roadway. (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surfaces. Safety Zones Section 15. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Business and Residence Districts Section 16. (a) Business District. The territory contiguous to and including a roadway when within any six hundred (600) feet along such roadway there are buildings in use for business or in- dustrial purposes which occupy three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the roadway. (b) Residence District. The territory contiguous to and in- cluding a highway or street not comprising a business district when the property on such street or highway for a distance of three hun- dred (300) feet or more is in the main improved with residences or residences and buildings in use for business. Signals and Devices Section 17. (a) Official Traffic - Control Devices. All signs, signals, markings, and devices not inconsistent with this ordinance placed or erected by authority of the City or official having juris- diction, for the purpose of regulating, warning, or guiding traffic. (b) Traffic - Control Signal. Any device, whether manually, electrically, or mechanically operated, by which traffic is alter- nately directed to stop and to proceed. (c) Railroad Sign or Signal. Any sign, signal, or device erected by authority of the City or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. Traffic Section 18. Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together while using any street or highway for purposes of travel. Right -of -Way Section 19. The privilege of the immediate use of the street or highway. - 163 - Ordinance No. 167 - Page 6 ARTICLE II - PRESCRIBING REGULATIONS; OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS Provisions of Ordinance Refer to Vehicles upon the Highways and Streets - Exceptions Section 20. The provisions of this ordinance relating to the operation of vehicles refer exclusively to the operation of vehi- cles upon streets or highways except: (1) Where a different place is specifically referred to in a given section; (2) The provisions of Articles IV and V shall apply upon streets and highways. Required Obedience to Traffic Laws Section 21. It is unlawful and, unless otherwise declared in this ordinance with respect to particular offenses, it is a mis- demeanor for any person to do any act forbidden or fail to perform any act required in this ordinance. Obedience to Police Officers Section 22. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic. Public Officers and Employees to Obey Ordinance; Exceptions Section 23. (a) The provisions of this ordinance applicable to the driver of vehicles upon the streets or highways shall apply to the driver of all vehicles owned or operated by the United States, this State, or any county, City, town, district, or any other political subdivision of the State, subject to such specific exceptions as are set forth in this ordinance with reference to authorized emergency vehicles. (b) The driver of any authorized emergency vehicle when re- sponding to an emergency call upon approaching a red or stop signal or any stop signs shall slow down as necessary for safety but may proceed cautiously past such red or stop sign or signal. (c) No driver of any authorized emergency vehicle shall assume any special privilege under this ordinance except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law. (d) The provisions of this ordinance shall not apply to per- sons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a street or highway but shall apply to such persons and vehicles when traveling to or from such work. Traffic Laws Apply to Persons Riding Animals or fir► Driving Animal -Drawn Vehicles Section 24. Every person riding an animal or driving any animal -drawn vehicle upon a roadway shall be granted all the rights - 164 - Ordinance No. 167 - Page 7 • and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance except those provisions of this or- dinance which by their very nature can have no application. This Ordinance Not to Interfere with Rights of Owners of Real Estate Property with reference thereto Section 25. Nothing in this ordinance shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this ordinance or otherwise regulating such use as may seem best to such owner. ARTICTF III - TRAFFIC SIGNS, SIGNALS, AND MARKINGS Section 26. City Manager Authorized to Adopt. The City Man- ager is authorized and directed to adopt signs and signals to regu- late, warn, and guide traffic, and the same shall be consistent with and conform to, in so far as possible. Section 27. City Manager Authorized to Place. The City Man- ager is authorized to place and maintain any traffic control devices or signals as he may deem necessary to continue and carry out the provisions of this ordinance, subject, however, to the approval of the City Council. Section 28. Obedience to Official Traffic - Control Devices. No driver of a vehicle shall disobey the instructions of any offi- cial traffic - control device placed in accordance with the provi- sions of this ordinance, unless at the time otherwise directed by a police officer. Section 29. Traffic - Control Signal Legend. Whenever traffic is controlled by traffic - control signals exhibiting the words "Go ", "Caution ", or "Stop ", or exhibiting different colored lights suc- cessively one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians, as follows: (a) Green alone or "Go" (1) Vehicular traffic facing the signal, except when prohib- ited under Section 28, may proceed straight through or turn right or left, unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right -of -way to other vehicles and to pedestrians lawfully within the intersection of an adjacent crosswalk at the time such signal is exhibited. (2) Pedestrians facing the signal may proceed across the road- way within any marked or unmarked crosswalk. - 165 - Ordinance No. 167 - Page 8 • (b Yellow alone or "Caution ", when shown following the green or "Go" signal: (1) Vehicular traffic facing the signal is thereby warned that the red cr "Stop" signal will be exhibited immediately there- after, and such vehicular traffic shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited. (2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right -of -way to all vehicles. (c) Red alone or "Stop" (1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection, or, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone. (2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehic- ular traffic. (d) Red with green arrow: (1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow Ihr but shall yield the right -of -way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection. (2) No Pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehic- ular traffic. (e) In the event an official traffic - control signal is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. Section 30. Pedestrian Walk and Wait Signals. Whenever special pedestrian- control signals exhibiting the words "Walk" or "Wait" are in place such signals shall indicate, as follows: (a) Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and be given the right - of -way by the drivers of all vehicles. (b) Wait. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a side- walk or safety island while the wait signal is showing. Section 31. Flashing Signals. Whenever flashing red or yellow signals are used, they shall require obedience by vehicular traffic, as follows: - 166 - Ordinance No. 167 - Page 9 • 1. Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. 2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with cau- tion. Section 32. Display of Unauthorized Signs, Signals, or Mark - ings. (a) No person shall place, maintain, or display upon or in view of any street or highway any unauthorized sign, signal, mark- ing, or official traffic - control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic - control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street or highway any traffic sign or signal bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to streets or highways of signs giving useful directional information and of a type that can- not be mistaken for official signs. (b) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdic- tion over the street or highway is hereby empowered to remove the same or cause it to be removed without notice. Section 33. Interference with Official Traffic - Control Devices or Railroad Signs or Signals. No person shall without lawful author- ity attempt to or in fact alter, deface, injure, knock down, or re- move any official traffic - control device or any railroad sign or signal or any inscription shield, or insignia thereon, or any other part thereof. ARTICT,E IV - ACCIDENTS Section 34. Accidents Involving Death or Personal Injuries. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accidents or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 36. Every such stop shall be made without obstructing traf- fic more than is necessary. (b) Any person failing to stop or to comply with said require- ments under such circumstances shall upon conviction be punished by charge of fine of not less than $50 :00 and not more than N200.00. Section 35. Accident Involving Damage to Vehicle. The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by another person shall imme- diately stop such vehicle at the scene of such accident or as close thereto as possible, but shall forthwith return to and in every - 167 - Ordinance No. 167 - Page 10 event shall remain at the scene of such accident until he has ful- filled the requirements of Section 36. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or to comply with said requirements under such cir- cumstances shall be fined not less than $25.00 and not more than $200.00. Section 36. Duty to Give Information and Render Aid. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving, and shall upon request and if available exhibit his operator's, commercial opera- torts, or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with, and shall render to any person injured in such accident reasonable as- sistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treat- ment is necessary or if such carrying is requested by the injured person. Section 37. Duty upon Striking Unattended Vehicle. The driver of any vehicle which collides with and damages any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the un- attended vehicle or shall leave in a conspicuous place in, or se- curely attached to and plainly visible, the vehicle struck, a writ- ten notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the cir- cumstances thereof. Section 38. Duty upon Striking Fixtures upon a Street or Highway. The driver of any vehicle involved in an accident result- ing only in damage to fixtures legally upon or adjacent to a street or highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address, of the registration number of the vehicle he is driving, and shall, upon request and if available, exhibit his op- erator's, commercial operator's, or chauffeur's license, and shall make report of such accident when and as required in Section 40 hereof. Section 39. Immediate Reports of Accidents. The driver of a vehicle involved in an accident resulting in injury or death of any person shall immediately by the quickest means of communication give notice of such accident to the police department of the City. Section 40. Written Report of Accidents. (a) The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of Twenty -five ($25.00) Dollars or more shall, within twenty -four (24) hours after such accident, forward a written report of such accident to the Police Department. - 168 - Ordinance No. 167 - Page 11 C ir (b) The department may require any driver of a vehicle in- volved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department, and may require witnesses of accidents to render reports to the department. (c) Every law enforcement officer who, in the regular course of duty, investigates a motor- vehicle accident of which report must be made as required in this Section, either at the time of and at the scene of the accident or thereafter by interviewing partici- pants or witnesses, shall, within twenty -four (24)" hours after com- pleting such investigation, forward a written report of such acci- dent to the department. Section 41. Accident Report Forms. (a) The department shall prepare and upon request supply to the police department, garages and other suitable agencies or individuals, forms for accident re- ports required hereunder, appropriate with respect to the persons required to make such reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed infor- mation to disclose with reference, to a traffic accident the cause, conditions then existing, and the persons and vehicles involved. (b) Every accident report required to be made in writing shall be made on the appropriate form approved by the department and shall contain all of the information required therein unless not available. ARTICLE V - DRIVING WHILE UNDER INFLUENCE OF DRUGS AND RECKLESS DRIVING Section 42. Persons under the influence of Drugs. (a) It is unlawful for any person who is under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive a vehicle within this City. The fact that any person charged with a violation of this Section is or has been entitled to use such drug under the laws of the City shall not constitute a defense against any charge of violating this Section. (b) Every person who is convicted of a violation of this Sec- tion shall be guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 and not more than $200.00 Section 43. Reckless Drivinq. Every person who drives any vehicle in a wilful or wanton disregard of the rights or safety of others or without due cuation or circumspection, and at a speed or in a manner so as to endanger or be likely to endanger a person or property, shall be guilty of reckless driving. ARTICLE VI - DRIVING ON RIGHT SIDE a ROADWAY: OVERTAKING AND PASSING. ETC. Section 44. Drive on Right Side of Roadway: Exceptions. Upon all roadways the driver of a vehicle shall drive upon the right half of the roadway, except, as follows: -169- 1 Ordinance No. 167 - Page 12 (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When the right half of a roadway is closed to traffic while under construction or repair; (3) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway designated and signposted for one -way traffic. Section 45. Passing Vehicles Proceeding in Opposite Directions. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one -half (1/2) of the maintraveled portion of the roadway as nearly as possible. Section 46. Overtaking a Vehicle on the Left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated: (a) The driver of a vehicle overtaking another vehicle pro- ceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) Except when overtaking and passing on the right is per- mitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. Section 47. When Overtaking on the Right Is Permitted. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) When the vehicle overtaken is making or about to make a left turn; (2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction; (3) Upon a one -way street, or upon any roadway on which traf- fic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles. (b) The driver of a vehicle may overtake and pass another ve- hicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off pavement or main - traveled portion of the roadway. Section 48. Limitations on Overtaking on the Left. No vehi- cle shall be driven to the left side of the center of the roadway C in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible, and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering - 170 - Ordinance No. 167 - Page 13 with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right -hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction. Section 49. Further Limitations on Driving to Left of Center of Roadway. (a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions: (1) Where sight restriction is such that the section of high- way or street being traversed lies within a no passing zone as de- termined and marked in accordance with Section 50, (2) When approaching within one hundred (100) feet of or trav- ersing any intersection or railroad grade crossing; (3) When approaching within one hundred (100) feet of any bridge, viaduct, or tunnel. (b) The foregoing limitations shall not apply upon a one -way roadway. Section 50. No Passing Zones. The City Manager is hereby authorized to determine those portions of any street or highway where overtaking and passing or driving to the left of roadway would be especially hazardous and may by appropriate signs or mark- ings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof. Section 51. One -Way Roadways and Rotary Traffic Islands. (a) The City Manager may designate any street, highway or any sep- arate roadway under its jurisdiction for one -way traffic, and shall erect appropriate signs giving notice thereof. (b) Upon a roadway designated and signposted for one -way traf- fic, the driver of a vehicle shall drive only in the direction designated. (c) The driver of a vehicle passing around a rotary traffic island shall drive only to the right of such island. Section 52. Driving on Roadways Laned for Traffic. Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: (a) The driver of a vehicle shall drive as nearly as practi- cal entirely within a single lane, and shall not be moved from such lane until the driver has first ascertained that such move- ment can be made with safety. (b) Upon a roadway which is divided into three (3) lanes, the driver of a vehicle shall not drive in the center lane except when overtaking and passing another vehicle, where the roadway is clearly visible and such center lane is clear of traffic within a safe dis- (, tance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direc- tion the vehicle is proceeding and is signposted to give notice of such allocation. - 171 - Ordinance No. 167 - Page 14 (c) Official signs may be erected directing slow- moving traf- fic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the direction of every such sign. Section 53. Following too Closely. (a) The driver of a motor vehicle shall not follow another vehicle more closely than is rea- sonable and prudent, having due regard for the speed of such vehi- cles and the traffic upon and the conditions of the street or high- way. (b) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residential district and which if following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (c) The drivers of motor vehicles driven upon any roadway out- side of a business or residential district in a caravan or motorcade, whether or not towing other vehicles, shall drive so as to allow sufficient space between each such vehicle or combination of vehi- cles so as to enable any other vehicles to enter and occupy such Cre space without danger. This provision shall not apply to funeral processions. Section 54. Driving on Divided Highways. Whenever any highway or street has been divided into two (2) roadways by leaving an in- tervening space or by a physical barrier or clearly indicated divid- ing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right -hand roadway, and no vehicle shall be driven across, over, or within any such dividing space, barrier, or section, except through an opening in such phy- sical barrier or dividing section or space or at a crossover or intersection established by public authority. Section 55. Restricted Access. No person shall drive a vehi- cle onto or from any limited- access or controlled- access roadway except at such entrances and exits as are established by public authority. ARTICLE VII - TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING Section 56. Required Position and Methods of Turning at Inter- sections. The driver of a vehicle intending to turn at an inter- section shall do, as follows: (a) Both the approach for a right turn and a right turn shall be made as close as practical to the right -hand curb or edge of the roadway. (b) Approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof, and after entering the intersection the left turn shall be made so as - 172 - Ordinance No. 167 - Page 15 to leave the intersection to the right of the center line of the road being entered. (c) Approach for a left turn from a two -way street into a one - way street shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection. A left turn from a one -way street into a two -way street shall be made by passing to the right of the center line of the street being entered upon leaving the intersection. (d) Where both streets or roadways are one way, both the approach for a left turn and a left turn shall be made as close as practicable to the left -hand curb or edge of the roadway. (e) The City Manager, with the approval of the City Council, may cause markers, buttons, or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this Section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an inter- section other than as directed and required by such markers, buttons, or signs. Section 57. Turning on Curve or Crest of Grade Prohibited. No driver of a vehicle shall turn so as to proceed in the opposite direction where sight restriction is such that the section of street or highway being traversed lies within a no- passing zone as determined and marked in accordance with the provisions of Section 51. Section 58. Starting Parked Vehicle. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with safety. Section 59. Turning Movements and Required Signal. (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 56, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with safety. No person shall so turn any vehicle without giving an appropriate sig- nal in the manner hereinafter provided in the event any other traffic may be affected by such movement. (b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hun- dred (100) feet traveled by the vehicle before turning. (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. Section 60. Signals by Hand and Arm or Signal Device. Any stop or turn signal, when required herein, shall be given either by means of the hand and arm or by a signal lamp or lamps or mech- anical signal device of a type approved by the department, but when a vehicle is so constructed or loaded that a hand - and -arm - 173 - Ordinance No. 167 - Page lb signal would not be visible both to the front and rear of such �r vehicle, then said signals must be given by such a lamp or lamps or signal device. Section 61. Method of Giving Hand- and -Arm Signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner, and such signals shall indicate, as follows: (1) Left turn. Hand and arm extended horizontally. (2) Right turn, Hand and arm extended upward, (3) Stop or decrease speed. Hand and arm extended downward. The signals herein required shall be given either by means of the hand - and -arm, or by a signal lamp or signal device approved by the department. ARTICLE VIII - RIGHT -OF -WAY Section 62. Vehicles Approaching or Entering Intersection. (a) The driver of a vehicle approaching an intersection shall yield the right -of -way to a vehicle which has entered the inter- section from a different street or highway, (b) When two (2) vehicles enter an intersection from dif- ferent streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right -of -way to the vehicle on the right. (c) The right -of -way rules declared in subdivisions (a) and (b) are modified at through streets and highways and otherwise as hereinafter stated in this Article, Section 63. Vehicle Turning Left at Intersection. The driver of a vehicle within an intersection intending to turn to the left shall yield the right -of -way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this ordinance, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right -of -way to the vehicle making the left turn. Section 64. Vehicle Entering Through Street. Highway, or Stop Intersection. (a) The driver of a vehicle shall stop as required by this ordinance at the entrance to a through street or highway and shall yield the right -of -way to other vehicles which have entered the intersection from said through street or highway or which are approaching so closely on said through street or highway as to con- stitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the in- tersection on said through street or highway shall yield the right- (' of-way to the vehicle so proceeding into or across the through street or highway. (b) The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop - 174 - Ordinance No. 167 - Page 17 sign is erected at one or more entrances thereto, although not a part of a through street, and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed. Section 65. Vehicle Entering Street or Highway from Private Road or Driveway. The driver of a vehicle about to enter or cross a highway or street from a private road or driveway shall yield the right -of -way to all vehicles approaching on said street or highway. Section 66. Operation of Vehicles on Approach of Authorized Emergency Vehicles. (a) Upon the immediate approach of an author- ized emergency vehicle equipped with at least one lighted lamp ex- hibiting red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle and /or when the driver is giving audible signal by siren, exhaust, whistle, or bell; The driver of every other vehicle shall yield the right -of -way and shall immediately drive to a position parallel to, and as close as possible to, the right -hand edge or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due re- gard for the safety of all persons using the highway or street. ARTICLE IX - PEDESTRIANS' RIGHTS AND DUTIES Section 67. Pedestrians Subject to Traffic Regulations. (a) Pedestrians shall be subject to traffic - control signals at in- tersections as provided in Section 30 of this ordinance, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this Article. (b) Local authorities are hereby empowered by ordinance to require that pedestrians shall strictly comply with the directions of any official traffic - control signal and may by ordinance prohibit pedestrians from crossing any roadway in a business district or any designated highways or streets except in a crosswalk. Section 68. Pedestrians' Right -of -Way in Crosswalks. (a) When traffic - control signals are not in place or not in operation, the driver of a vehicle shall yield the right -of -way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the road- way upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provi- sion shall not apply under the conditions stated in Section 69 -(b). - 175 - Ordinance No. 167 - Page 18 C or (b) Whenever any vehicle is stopped at a marked crosswalk or a t any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. Section 69. Crossing at other than Crosswalks. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right -of -way to all vehicles upon the highway. (b) Any pedestrian crossing a roadway at a point where a pe- destrian tunnel or overhead pedestrian crossing has been provided shall yield the right -of -way to all vehicles upon the roadway. (c) Between adjacent intersections at which traffic - control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. Section 70. Drivers to Exercise Due Care. Notwithstanding the foregoing provisions of this Article, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when nec- essary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. Section 71. Pedestrians to Use Right Half of Crosswalks. Pe- destrians shall move, whenever possible, upon right half of cross- walks. Section 72. Pedestrians on Roadways. (a) Where sidewalks are provided, it shall be lawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when possible, walk only on the left side of the roadway or its shoulder, facing traffic which may approach from the opposite direction. (c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. ARTICLE X - SPECIAL STOPS AND RESTRICTED SPEEDS REQUIRED Section 73. Obedience to Signal Indicating Approach of Train. Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely, when: (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train; (b) A crossing gate is lowered, or when a human flagman gives or continues to give a signal of the approach or passage of a train; (c) A railroad engine approaching within approximately fifteen hundred (1500) feet of the highway or street crossing emits a signal audible from such distance and such engine, by reason of its speed or nearness to such crossing, is an immediate hazard; (d) An approaching train is plainly visible and is in hazardous proximity to such crossing. - 176 - Ordinance No. 167 - Page 19 Section 74. All vehicles Must Stop at Certain Railroad Grade Crossings. The City Manager with the approval of the City Council is hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected, the driver of any vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall proceed only upon exercis- ing due care. Section 75. Certain Vehicles Must Stop at all Railroad Grade Crossings. (a) The driver of any motor carrying passengers for hire, or of any school bus carrying any school child, before cross- ing at grade any track or tracks of a railroad shall stop such ve- hicles within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and while so stopped shall listen and look in both directions along such track for any approach- j ing train and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such, and the driver shall not shift gears while crossing the track or tracks. (b) No stop need be made at any such crossing where a police officer or a traffic - control signal directs traffic to proceed. (c) This section shall not apply at street - railway grade cross- ings within a business or residence district. Section 76. Certain Vehicles Must Reduce Speed at All Railroad Grade Crossings. (a) The driver of any vehicle carrying explosive substances or flammable liquids as its principal cargo, before crossing at grade any track or tracks of a railroad, shall stop if traveling in excess of twenty (20) miles per hour before approach- ing within two hundred (200) feet from the nearest rail of such railroad and shall listen and look in both directions along such track for any approaching train, and for signals indicating the ap- proach of the train, except as hereinafter provided, and shall not cross such track until he can do so safely. After reducing speed as required herein and upon proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such gear of the ve- hicle that there will be no necessity for changing gears while trav- ersing such and the driver shall not shift gears while crossing the track or tracks. (b) This section shall not apply at any such crossing where a police official or a traffic-control signal directs traffic to pro- ceed. (c) This section shall not apply at street - railway grade cross- ings within a business or residence districts. (d) Nothing in this section shall be deemed to exempt the driver of any vehicle from compliance with the requirements contained in Sections 73 and 74 of this ordinance. Section 77. Moving Heavy Equipment at Railroad Grade Crossing. (a) No person shall operate or move any caterpillar tractor, steam - 177 - Ordinance No. 167 - Page 20 shovel, derrick, roller, or any equipment or structure having a `�- normal operating speed of six (6) or less miles per hour or a ver- tical body or load clearance of less than nine(9) inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section. (b) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen (15) or more than fifty (50) feet from the nearest rail of such railway, and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of train, and shall not proceed un- til the crossing can be made safely. (c) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a train or a car. Section 78. Vehicles Must Stop at Through Streets or Highways. (a) The City Manager, with the approval of the City Council, may designate through streets or highways and erect stop signs at spec- ified entrances thereto or may designate any intersection as a stop intersection and erect like signs at one or more entrances to such intersection. (b) Every said sign shall conform to the manual and specifi- cations for uniform traffic control devices as adopted b-T the City Manager. Every stop sign shall be located as near as practicable at the nearest line of the crosswalk thereat, or if none, at the nearest line of the roadway. (c) Every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering an intersection, except when directed to proceed by a police officer or traffic - control signal. Section 79. Stop Before Emerging from Alley or Private Drive- way. The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehi- cle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway or private driveway. ARTICTE XI - STOPPING, STANDING, AND PARKING Section 80. Stopping, Standing, or Parking Outside of Business or Residence Districts. (a) Upon any street or highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main - traveled part of the street or highway, when it is possible to stop, park, or so leave vehicle off such part of said street or highway, but in every event an unobstructed width of the street or highway opposite a standing vehicle shall be left for the free pas- sage of other vehicles, and a clear view of such stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon such highway or street. (b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main - traveled portion of a -17g- Ordinance No. 167 - Page 21 street or highway in such manner and to such extent that it is im- possible to avoid stopping and temporarily leaving such disabled vehicle in such position. Section 81. Officers Authorized to Remove Illegally Stoned Vehicles. (a) Whenever any police officer finds a vehicle standing upon a street or highway in violation of any of the foregoing provi- sions of this Article, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehi- cle to move the same to a position off the paved or main - traveled part of such street or highway. (b) Whenever any police officer finds a vehicle unattended up- on any bridge or causeway or in any tunnel where such vehicle con- stitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. (c) The police officer is hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the governmental agency of which the officer is a member, under the circumstances hereinafter enumerated: (1) When any vehicle is left unattended upon any bridge, via- duct, or causeway, or in any tube or tunnel where such vehicle con- stitutes an obstruction to traffic; (2) When any vehicle is illegally parked so as to block the entrance to any private driveway and it is impracticable to move such vehicle from in front of the driveway to another point on the street or highway; (3) When any vehicle is found upon a street or highway and report has previously been made that such vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that such vehicle has been embezzled; (4) When any such officer has reasonable grounds to believe that any vehicle has been abondoned; (5) When a vehicle upon a street or highway is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of phys- ical injury or other reason to such an extent as to be unable to pro- vide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle; (6) When an officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by this code or other law required to take the person arrested immediately before a magistrate. Section 82. Officers Authorized to Remove Parked Vehicles. Any Police Officer is hereby authorized to remove any vehicle parked or standing in or on any portion of a street or highway when, in the opinion of the said Police Officer, the said vehicle constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency, or unusual circumstance the safety of said vehicle is imperiled. - 179 - Ordinance No. 167 - Page 22 Section 83. Stopping, Standing, or Parking Prohibited in Specified Places. (a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or traf- fic- control device, in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within fifteen (15) feet of a fire hydrant; (5) On a crosswalk; (6) Within twenty (20) feet of a crosswalk at an intersection; (7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic - control signal located at the side of the roadway; (8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by a sign or markings; (9) Within fifty (50) feet of the nearest rail of a railroad crossing; (10) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy -five (75) feet of said entrance (when properly signposted); (11) Alongside or opposite any street excavation or obstruc- t, tion when stopping, standing, or parking would obstract traffic; (12) Upon any bridge or other elevated structure upon a street or highway or within a street or highway tunnel; (13) On the roadway side of any vehicle stopped or parked at the edge or curb of a street or highway; (14) At any place where official signs prohibit stopping. (b) No person shall move a vehicle not lawfully under his con- trol into any such prohibited area or away from a curb such distance as is unlawful. Section 84. Additional Parking Regulations. (a) Except as otherwise provided in this section, every vehicle stopped or parked with the right -hand wheels of such vehicle parallel to and within eighteen (18) inches of the right -hand curb. (b) Local authorities may by ordinance permit parking of vehi- cles with the left -hand wheels parallel and adjacent to and within eighteen (18) inches of the left -hand curb of a one -way roadway. (c) The City Manager, with the approval of the City Council, may permit angle parking on any street or highway. ARTICLE XII - MISCELLANEOUS MULES Section 85. Unattended Motor Vehicle. No person driving or in charge of a motor vehicle shall permit it to stand unattended with- out first stopping the engine and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the street or highway. - 180 - Ordinance No. 167 - Page 23 IC, Section 86. Coasting_Prohibited. (a) The driver of any motor v ehicle when traveling upon a hazardous down grade marked or signed shall not coast with the gears of such vehicle in neutral. (b) The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged. Section 87 Following Fire Apparatus Prohibited. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where the fire apparatus has stopped to answer a fire alarm. Section 88. Crossing Fire Hose. No driver of a vehicle shall drive over an unprotected hose of a fire department when laid down on any street, private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. Section 89. Putting Glass, etc.. on Streets or Highways Pro- hibited. No person shall throw or deposit upon any street or high- way any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such street or highway. Section 90. Removing Materials from Street or Highway. (a) Any person who drops or permits to be dropped or thrown upon C olf any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (b) Any person removing a wrecked or damaged vehicle from a highway or street shall remove any glass or other injurious sub- stance dropped upon the street or highway from such vehicle. Section 91. School Buses. (a) The driver of a vehicle upon a highway outside of a business or residence district upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children shall stop the vehicle immediately before passing the school bus, but may then proceed past such school bus at a speed which is prudent, not exceeding ten (10) miles per hour and with due caution for the safety of such children. (b) All vehicles used for the transportation of pupils to and/ or from any school or college shall have a sign on the front and rear and on each side of said vehicle, showing the words "School Bus" and said words shall be plainly readable in letters not less than eight (8) inches in height, and the words "School Bus" shall be removed or covered when the vehicle is not in use as a school bus. Section 92. Limitations as to Trailers. (a) No driver of a motor vehicle shall drive upon any highway or street drawing or hav- ing attached thereto more than one vehicle; such vehicle may be a trailer, semi - trailer, pole trailer, or another motor vehicle. (b) When one vehicle is towing another, the draw bar or other connection shall be of sufficient strength to pull all weight towed thereby, and said draw bar or other connection shall not exceed - 181 - 1 Ordinance No. 167 - Page 24 fifteen (15) feet from one vehicle to the other, except the connec- • tion between any two vehicles transporting poles, pipe, machinery, or other objects of structural nature which cannot readily be dis- membered. (c) When one vehicle is towing another and the connection con- sists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve (12) inches square. Section 93. Fire Extinguishers. Every school bus and every motor vehicle engaged in the transportation of passengers for hire or lease shall be equipped with at least one quart of chemical type fire extinguisher in good condition and conveniently located for immediate use. ARTICLE XI I I - Eq UIP MENT Section 94. Scope and Effect of Regulations. (a) It is a misdemeanor for any person to drive or move or for the owner to allow or knowingly permit to be driven or moved on any highway or street any vehicle or combination of vehicles which is in unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this Article, or which is equipped in any manner in violation of this Article, or for any person to so perform any act forbidden or • fail to perform any act required under this Article. (b) Nothing contained in this Article shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this Article. (c) The provisions of this Article with respect to equipment on vehicles shall not apply to implements of husbandry, road machin- ery, road rollers, or farm tractors, except as herein made appli- cable. Section 95. When Lighted Lamps are Required. (a) Every ve- hicle upon a street or highway within this city at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly dis- cernible persons and vehicles on the street or highways at a distance of five hundred (500) feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for differ - ant classes of vehicles, subject to exceptions with respect of parked vehicles as hereinafter stated. (b) Whenever requirement is hereinafter declared as to the dis- tance from which certain lamps and devices shall render objects vis- ible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in the subdivision (a) of this section upon a striaght, level, unlighted street or highway under normal atmospheric conditions unless a different time or con- dition is expressly stated. • (c) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or devices to the level ground upon which the vehicle stands. - 182 - Ordinance No. 167 - Page 25 Section 96. Head Lamps on Motor Vehicles. (a) Every motor vehicle other than a motorcycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this Article. (b) Every motorcycle shall be equipped with at least one and not more than two head lamps, which shall comply with the require- ments and limitations of this Article. Section 97. Tail Lamps. (a) Every motor vehicle, trailer, semi - trailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear, provided that, in the case of a train of vehicles, only the tail lamp on the rear- most vehicle need actually be seen from the distance specified. (b) Either a tail lamp or a separate lamp shall be so con- structed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty (50) feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxil- iary driving lamps are lighted. Section 98. New Motor Vehicles To Be Eauipped with Reflectors. (a) Every new motor vehicle hereafter sold and operated upon a street or highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two red reflectors meeting the requirements of this section, except that vehicles of the type mentioned in Section 100 shall be equipped with reflectors as required in those sections applicable thereto. (b) Every such reflector shall be mounted on the motor vehicle at a height not less than twenty -four (24) inches nor more than sixty (60) inches above the ground on which the vehicle stands and shall be such size and characteristics and so: maintained as to be visible at night from all distances within three hundred (300) feet from such vehicle, except that visibility from a greater distance is hereinafter required of reflectors on certain types of vehicles. Section 99. Application of Succeeding Sections. The sections of this Ordinance immediately following, relating to clearance and marker lamps, reflectors, and stop lights, shall apply as stated in said sections to vehicles of the type herein enumerated, namely passenger buses, trucks, truck tractors, and certain trailers, semi- trailers, and pole trailers, respectively, when operated upon any street or highway, and said vehicles shall be equipped as required and all lamp equipment required shall be lighted at the times men- tioned in Section 95, except that clearance and side marker lamps need not be lighted on any vehicle when operated within any munici- C e where there is sufficient light to render clearly discernible persons and vehicles on the street or highway at a distance of five hundred (500) feet, - 183 - Ordinance No. 167 - Page 26 Section 100. Additional Equipment Required on Certain Vehicles. In addition to other equipment required in this Ordinance, the follow- ing vehicles shall be equipped as herein stated under the conditions stated in Section 99: (a) On every bus or truck, whatever its size, there shall be the following: On the rear, two reflectors, one at each side, and one stop light. (b) On every bus or truck eighty (80) inches or more in overall width, in addition to the requirements in subparagraph (a): On the front, two clearance lamps, one at each side. On the rear, two clearance lamps, one at each side. On each side, two side marker lamps, one at or near the front and one at or near the rear. On each side, two reflectors, one at or near the front and one at or near the rear. (c) On every truck tractor: On the front, two clearance lamps, one at each side. On the rear, one stop light, when such truck tractor is operated as a single unit. (d) On every trailer or semi - trailer having a registered or gross weight in excess of 3,000 pounds: On the front, two clearance lamps, one at each side. On each side, two side marker lamps, one at or near the front end and one at or near the rear. On each side, two reflectors, one at or near the front and one at or near the rear. On the rear, two clearance lamps, one at each side; also two reflectors, one at each side, and one stop light. (e) On every pole trailer in excess of 3,000 pounds registered or actual gross weight: On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side, and rear. On the rear of the pole trailer, or load, two reflectors, one at each side. (f) On every trailer, semi - trailer, or pole trailer: On the rear, two reflectors, one on each side. If any trailer or semi - trailer is so loaded or is in such di- mensions as to obscure the stop light on the towing vehicle, then such vehicle shall also be equipped with one stop light. Section 101. Color of Clearance Lamps, Side Marker Lamps. and Reflectors. (a) Front clerance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color. (b) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. (c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate or the light emitted by a back -up lamp shall be white. - 184 - Ordinance No. 167 - Page 27 Section 102. Mounting of Reflectors, Clearance Lamps. and Side Marker Lamps. (a) Reflectors shall be mounted at a height of not less than twenty -four (24) inches and not higher than sixty (60) inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty -four (24) inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. Any required red reflector on the rear of a vehicle may be in- corporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this Ordinance. (b) Clearance lamps shall be mounted on the permanent struc- ture of the vehicle in such manner as to indicate its extreme width and as near the top thereof as possible. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both. Section 103. Visibility of Reflectors, Clearance Lamps, and Marker Lamps. (a) Every reflector upon any vehicle referred to in Section 100 shall be of such size and characteristics and so main- tained as to be readily visible at nighttime from all distances within five hundred (500) feet to fifty (50) feet from the vehicle when directly in front of lawful upper beams of head lamps. Re- flectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the side and those mounted on the rear shall reflect a red color to the rear. (b) Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the front and rear, respectively, of the vehicle. (c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the side of the vehicle on which mounted. Section 104. Stop Lamps Required on New Motor Vehicles. From and after January 1, 1948, it shall be unlawful for any person to sell any new motor vehicle in this State or for any person to drive any such motor vehicle on the streets or highways unless it is equip- ped with a stop lamp meeting the requirements of Section 110. Section 105. Obstructed Lights Not Required. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamps (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combina- tion, but this shall not affect the requirement that lighted clear- ance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. - 185 - Ordinance No. 167 - Page 28 Section 106. Lamp or Flaa on Projecting Load. Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Section 95 hereof, a red light or lantern plainly visible from a distance of at least five hundred (500) feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such a red flag or cloth not less than twelve (12) inches square and so hung that the entire area is visible to the driver of a vehicle approach- ing from the rear. Section 107. Lamps on Parked Vehicles. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the times mentioned in Sec- tion 95, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of five hundred (500) feet to the front of such vehicle and a red light visible from a distance of five hundred (500) feet to the rear, except that local authorities may provide by ordinance or resolution that no lights be displayed upon any such vehicle when stopped or parked in accordance with local parking regulations upon a street or highway where there is sufficient light to reveal any person within a distance of five hundred (500) feet upon such street Cre or highway. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. Section 108. Lamps on other Vehicles and Equipment. All vehi- cles, including animal -drawn vehicles and including those referred to in Section 94 -(c) not hereinbefore specifically required to be equipped with lamps, shall at the time specified in Section 95 hereof be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear. Section 109. Spot Lamps and Auxiliary Driving Lamps. (a) "Spotlight" shall mean any light or lamp, the direction of the beam from which is controllable from the front or rear seat of a motor vehicle or from the seat or side -car of a motorcycle. (b) It shall be unlawful for any operator of a motor vehicle or motorcycle to use a spotlight when a motor or motorcycle, ap- proaching from the front, is in sight. Upon sight of a motor vehicle or motorcycle approaching from the front, it shall be the duty of the operator of a motor vehicle or motorcycle upon which a spotlight is being used to immediately extinguish said spotlight and it shall not be turned on until the approaching motor vehicle or motorcycle has passed. In case the headlight of a motor vehicle or headlight of a motorcycle should fail to function, and the operator of said motor C vehicle or motorcycle is without sufficient driving light, the use of a spotlight shall be permissible at all times, but when so used the beam from said spotlight shall be so directed that it strikes - 186 - Ordinance No. 167 - Page 29 the road not more than fifty (50) feet ahead of the motor vehicle or motorcycle upon which it is being used. The provision of this section prohibiting the use of spotlights under certain conditions shall not apply to police or fire department vehicles, (c) Any motor vehicle may be equipped with not to exceed three (3) auxiliary driving lamps mounted on the front at a height not less than twelve (12) inches nor more than forty -two (42) inches above the level surface upon which the vehicle stands, and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in this Article. Section 110. Signal Lamps and Signal Devices. (a) Any motor vehicle may be equipped and when required under this Ordinance shall be equipped with the following signal lamps or devices: (1) A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake and which may, but need not be incorporated with a tail lamp. (2) A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear. (b) A stop lamp shall be plainly visible and understandable from a distance of one hundred (100) feet to the rear both during normal sunlight and at nighttime, and a signal lamp or lamps indi- cating intention to turn shall be visible and understandable during daytime and nighttime from a distance of one hundred (100) feet to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be main- tained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light. (c) All mechanical signal devices shall be self - illuminated when in use at the times mentioned in Section 95. Section 111. Additional Lighting Equipment. (a) Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare. (b) Any motor vehicle may be equipped with not more than one (1) runningboard courtesy lamp on each side thereof which shall emit a white or amber light without glare. (c) Any motor vehicle may be equipped with a back -up lamp either separately or in combination with another lamp, but such back -up lamp shall not be lighted when the motor vehicle is in for- ward motion. Section 112. Multiple Beam Road Lighting Equipment. Except as hereinafter provided, the head lamps, or the auxiliary driving lamps, or combinations thereof, on motor vehicles shall be so arranged that the driver may select at will between distributions of light pro- jected to different elevations, subject to the following requirements and limitations: 4:, There shall be an uppermost distribution of light or com- �+ posite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred and fifty (350) feet ahead for all conditions of loading. The maximum intensity of this - 187 - Ordinance No. 167 - Page 30 uppermost distribution of light or composite beam one degree (1 °) of arc or more above the horizontal level of the lamps when the vehicle is not loaded shall not exceed eight thousand (8,000) apparent candle power, and at no other point of the distribution of light or composite beam shall there be an intensity of more than seventy -five thousand (75,000) apparent candlepower. (b) There shall be a lowermost distribution of light or composite beam, so aimed that: (1) When the vehicle is not loaded, none of the high inten- sity portion of the light which is directed to the left of the pro- longation of the extreme left side of the vehicle shall at a dis- tance of twenty -five (25) feet ahead project higher than a level of eight (8) inches below the level of the center of the lamp from which it comes. (2) When the vehicle is not loaded, none of the high inten- sity portion of the light which is directed to the right of pro- longation of the extreme left side of the vehicle shall, at a distance of twenty -five (25) feet ahead, project higher than a level of three (3) inches below the level of the center of the lamp from which it comes. (3) In no event shall any of the high intensity of such low- ermost distribution of light or composite beam project higher than a level of forty -two (42) inches above the level on which the ve- hicle stands at a distance of seventy -five (75) feet ahead. (c) Where one intermediate beam is provided, the beam on the left side of the road shall be in conformity with Subsection (b), paragraph (1), of this Section, except when arranged in accordance with the practice specified in Subsection (e). (d) All road lighting beams shall be so aimed and of suf- ficient intensity to reveal a person or vehicle at a distance of at least one hundred (100) feet ahead. (e) Every new motor vehicle registered in this State after January 1, 1948, which has multiple -beam road - lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. Section 113. Use of Multiple Beam Road Lighting Equipment. (a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 95, the driver shall use a distribution of light, or composite beam, directed high enough of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (b) Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver, and in no case shall the high intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a - 188 - Ordinance No. 167 - Page 31 distance of twenty -five (25) feet ahead and in no case higher than a level of forty -two (42) inches above the level upon which the vehicle stands at a distance of seventy -five (75) feet ahead. The lowermost distribution of light specified in Section 112, paragraph (b), subparagraph (1), shall be dimmed to avoid glare at all times, regardless of road contour and loading. Section 114. Single Beam Road Lighting Equipment. Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to one (1) year after the effective date of this Ordinance in lieu of multiple beam road lighting equip- ment herein specified if the single distribution of light complies with the following requirements and limitations: (1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall at a distance of twenty -five (25) feet ahead project higher than a level of five (5) inches below the level of the center of the lamp from which it comes, and in no case higher than forty -two (42) inches above the level on which the vehicle stands at a distance of seventy -five (75) feet ahead. (2) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred (200) feet. Section 115. Alternate Road Lighting Equipment. Any motor vehicle may be operated under the conditions specified in Section 95, when equipped with two (2) lighted lamps upon the front there- of capable of revealing persons and objects seventy -five (75) feet ahead in lieu of lamps required in Section 114, provided, however, that at no time shall it be operated at a speed in excess of thirty- five (35) miles per hour. Section 116. Number of Driving Lamps Required or Permitted. (a) At all times specified in Section 95, at least two (2) lighted lamps shall be displayed, one on each side at the front of every motor vehicle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles. (b) Whenever a motor vehicle equipped with head lamps as here- in required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehi- cle shall be lighted at any one time when upon a street or highway. Section 117. Special Restrictions on Lamps. (a) Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps, or flashing front direction signals which project a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the ve- hicle stands at a distance of more than seventy -five (75) feet from the vehicle. (b) No person shall drive or move any vehicle or equipment upon any street or highway with any lamp or device thereon display - -189- t Ordinance No. 167 - Page 32 ing a red light visible from directly in front of the center there- of. This Section shall not apply to authorized emergency vehicles. (c) Flashing lights are prohibited on motor vehicles, except on an authorized emergency vehicle or on any vehicle as a means for indicating a right or left turn. Section 118. Brakes. (a) Brake equipment required: (1) Every motor vehicle, other than motorcycle, when operated upon a street or highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, includ- ing two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If these two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels. (2) Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at last one brake, which may be operated by hand or foot. (3) Every trailer or semi - trailer of a registered or actual gross weight of three thousand (3,000) pounds or more when operated upon a street or highway shall be equipped with brakes adequate to control the movement of and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied. (4) In any combination of motor -drawn vehicles means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used al- ternately may be employed. (5) One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading at any point on the street or highway on which it is operated. (6) A. The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation. B. Performance ability of brakes. Every motor vehicle or combination of motordrawn vehicles shall be capable at all times and under all conditions of loading of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake, within the distance specified below, or shall be capable of being decelerated at a sustained rate corre- sponding to these distances: - 190- i Ordinance No 167 - Page 33 C re Feet to Stop Deceleration from 20 miles in ft. per VEHICLES OR combi- per hour second nation of vehicles having brakes on all wheels 30 �4 VEHICLES OR combi- nation of vehicles not having brakes on all wheels 40 10.7 (c) Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as possible with respect to the wheels on opposite side of the ve- hicle. Section 119. Horns and Warning Devices. (a) Every motor ve- hicle when operated upon a street or highway shall be equipped with a horn in good working order and capable of emmitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an un- reasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when necessary to insure safe operation, give audible Cre warning with his horn, but shall not otherwise use such horn when upon a street or highway. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise per- mitted in this section. (c) It is permissible but not required that any commercial ve- hicle be equipped with a theft alarm signal device which is so ar- ranged that it cannot be used by the driver as an ordinary warning signal. (d) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred (500) feet and of a type approved by the department, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter event the driver of such vehicle shall sound said siren when necessary to warn pedes- trians and other drivers of the approach thereof. Section 120. Mufflers, Prevention of Noise. (a) Every motor vehicle shall at all times be equipped with a muffler in good work- ing condition and in constant operation to prevent excessive or un- usual noise and annoying smoke, and no person shall use a muffler cut -out, by -pass, or similar device upon a motor vehicle on a street or highway. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of exces- sive fumes or smoke. - 191 - Ordinance No. 167 - Page 34 Section 121. Restrictions as to Tire Equipment. (a) Every solid rubber tire on a vehicle shall have rubber on its entire traction surface extending above the edge of the flange of the en- tire periphery. (b) No person shall operate or move on any street or highway any motor vehicle, trailer, or semi- trailer, having any metal tire in contact with the roadway, provided, however, this section shall not apply to farm wagons and /or farm trailers having a gross weight less than five thousand (5000) pounds where owners are in the act of transporting farm products to market or for processing or from farm to farm. (c) No tire on a vehicle moved on a street or highway shall have on its periphery any block, stud, flange, cleat, or spike, or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, ex- cept that it shall be permissible to use farm machinery with tires having protuberances which will not injure the street or highway, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a ve- hicle to skid. (d) The City Manager may, in his discretion, issue a special permit authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a street or highway would otherwise be prohibited under this Ordinance. Section 122. Vehicle Transporting Explosives. Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a street or highway shall at all times comply with the provisions of this section. (a) Said vehicle shall be marked or placarded on each side and the rear with the word "Explosives" in letters not less than eight (8) inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty -four (24) inches square marked with the word "Danger" in white letters six (6) inches high. (b) Every said vehicle shall be equipped with not less than two (2) fire extinguishers of at least one -quart capacity each, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. ARTICT,F XIV - INSPECTION OF VEHICT,FS Section 123. Vehicles without Required Equipment or in Unsafe Condition. No person shall drive or move on any highway any motor vehicle, trailer, semi - trailer, or pole trailer, or any combination thereof unless the equipment upon any and every said vehicle is in good working order and adjustment as required in this Ordinance, and said vehicle is in safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway or street. - 192 - Ordinance No. 167 - Page 35 Section 124. Inspection by Officers of the Department. A Police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be appro- priate. Section 125. Owners and Drivers to Comply with Inspection Laws. No person driving a vehicle shall refuse to submit such ve- hicle to an inspection and test when required to do so by any Police officer. ARTICLE XV - PENALTIES AND DISPOSITION OF FINES AND FORFEITURES Section 126. Penalties for Misdemeanors. (a) It is a mis- demeanor for any person to violate any of the provisions of this Ordinance. (b) Every person convicted of a violation of any of the pro- visions of this Ordinance for which another penalty is not provided shall be punished by a fine of not less than One Dollar ( >1.00) nor more than Two Hundred Dollars ($200.00). ARTICLE XVI - PARTIES. PROCEDURE UPON ARREST. AND REPORTS IN CRIMINAL CASES Section 127. Parties to A Crime. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the individually or in connection with one or more other persons or as a principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly, or wilfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this Ordinance is likewise guilty of such offense. Section 128. Offense by Persons Owning or Controlling Vehi- cles. It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a street or highway in any manner contrary to law. Section 129. When a Person Arrested Must Be Taken Immediately before a Magistrate. Whenever any person is arrested for any vio- lation of this Ordinance the arrested person shall be immediately taken before the City Judge: (1) When a person arrested demands an immediate appearance before a magistrate; (2) When the person is arrested upon a charge of negligent homicide; (3) When the person is arrested upon a charge of driving while under the influence of intoxicating liquor or narcotic drugs; (4) When the person is arrested upon a charge of failure to stop in the event of an accident, causing death, personal injuries, or damage to property; - 193 - Ordinance No. 167 - Page 36 (5) In any other event when the person arrested refuses to give his written promise to appear in court as hereinafter provided. Section 130. When Person Arrested to be Given Five (5) Days' Notice to Appear in Court. (a) Whenever a person is arrested for any violation of this Ordinance and such person is not immediately taken before the City Judge as hereinbefore required, the arresting officer shall prepare, in duplicate, written notice to appear in court, containing the name and address of such person, the license number of his vehicle, if any, the offense charged, and the time and place when and where such person shall appear in court. Pro- vided, however, that the offense of speeding shall be the only offense making mandatory the issuance of a written notice to appear in court, and only then if the arrested person gives his written promise to appear in court by signing, in duplicate, the written notice prepared by the arresting officer. (b) The time specified in said notice to appear must be at least five (5) days after such arrest unless the person arrested shall demand an earlier hearing. (c) The place specified in said notice to appear must be be- fore an magistrate within the city or county in which the offense charged is alleged to have been committed and who has jurisdiction of such offense. (d) The arrested person, in order to secure release as pro- vided in this section, must give his written promise so to appear in court by signing, in duplicate, the written notice prepared by the arresting officer...The original of said notice shall be re- tained by said officer and the copy thereof delivered to the person arrested. Thereupon, said officer shall forthwith release the per- son arrested from custody. (e) Any officer violating any of this provisions of this sec- tion shall be guilty of misconduct in office and shall be subject to removal from office. Section 131. Violation of Promise to Appear. (a) Any person wilfully violating his written promise to appear in court, given provided in this Article, is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally ar- rested. (b) A written promise to appear in court may be complied with by an appearance by counsel. Section 132. Procedure Prescribed Herein Not Exclusive. The foregoing provisions of this Article shall govern all police offi- cers in making arrest without a warrant for violations of this Ordinance, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade. Section 133. Arrest without Warrant. Any peace officer is C authorized to arrest without warrant any person found committing a violation of any provision of this Ordinance. - 194 - Ordinance No. 167 - Page 37 ARTICLE XVII - PRESCRIBING AN EFFECTIVE DATE Section 134. This Ordinance shall take effect and be in force from and after the 1st day of July, 1951. ARTICLE XVIII - REPEALING ALL ORDINANCES IN CONFLICT HEREWITH Section 135. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed to the extent of such con- flict, ARTICLE XIX - PROVIDING A SAVING CLAUSE Section 136. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, clause, or part thereof, irrespec- tive of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Passed, approved and publication of caption ordered on this 13 day of November, 1951 A. D. APPROVED: s /Ernest Langford Mayor ATTEST: s /N. M. McGinnis City Secretary - 195 - ORDINANCE NO. 175 AN ORDINANCE SPECIFICALLY DEFINING A PUBLIC NUISANCE AND PROVIDING PENALTIES FOR THE CREATION OR MAINTENANCE OF A PUBLIC NUISANCE. Be it ordained by the City Council of the City of College Station, Texas: Section 1. Public Nuisance Defined. A public nuisance is a thing, act, failure to act, occupation, or use of the property which: 1. Shall annoy, injure, or endanger the safety, health, comfort, or repose of any considerable number of persons; 2. Shall offend the public decency; 3. Shall in any way render any considerable number of persons insecure in life or in use of property. Section 2. Nuisance Specifically Defined. The following specific acts, ommissions, places, conditions and things are hereby declared to be nuisances: I . 1. Accummulations of manure or rubbish which are breeding places for flies, mosquitoes or vermin. 2. All loud or unusual noises and annoying vibrations which offend the peace and quiet of persons of ordinary sensibilities. 3. All hanging signs, awnings, and other similar structures over the streets or sidewalks so situated or constructed as to en- danger public safety. 4. Filthy, littered or trash covered cellars, houseyards, factory- yards, vacant areas in rear of stores, vacant lots, houses, buildings, or premises containing trash, litter, rags, accumulation of empty barrels, boxes, crates, packing cases, lumber or firewood not neatly piled, scrap iron, tin and other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire danger, 5. Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure, or any building or structure commenced and left unfinished, or any abandoned well or excavation not properly protected and which may attract children and endanger them in the course of play. 6. All places used or maintained as junk yards, or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, or machinery of any kind, or for the storing or leaving of worn out, - 196 - Ordinance No. 175 - Page 2 wrecked, or abandoned automobiles, trucks, or machinery of any kirk, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essen- tially interfere with the comfortable enjoyment of life or property by others. Section 3. Penalty. Any person, firm, or corporation who shall knowingly cause or create any public nuisance, or permit any public nuisance to be cre- ated or to be placed upon or to remain upon any premises owned or occupied by him or them, shall upon conviction thereof be punished by being caused to forfeit the sum of not less than One Dollar (1.00) and not more than Ten Dollars ($10.00) for the first of- fense and by a fine not to exceed Twenty -five Dollars ($25.00) for the second or each subsequent conviction within one year there- after together with cost of prosecution. Section 4. Each day's or part of a day's continuance of any- thing prohibited by this ordinance shall be a separate offense hereunder. Section 5. If any section or provision of this ordinance shall be held void or unconstitutional, all other sections, and all other provisions of the ordinance which are not so held to be void or unconstitutional shall continue in full force and effect. Section 6. This ordinance shall take effect and be in force from and after its passage, approval and publication as provided by law. Passed and approved this 11th day of August, 1952. APPROVED: s/ Ernest Langford Mayor ATTEST: s/ N. M. McGinnis City Secretary c - 197 - ORDINANCE NO. 177 AN ORDINANCE PROVIDING FOR THE CREATION OF A CITY RECREATION BOARD AND SETTING FORTH ITS COMPOSITION, ORGANIZATION, DUTIES AND POWERS; AUTHORIZING THE FORMATION OF A CITY RECREATIONAL ADVISORY COMMITTEE; AND ESTABLISHING A RECREATION FUND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: CITY RECREATION BOARD: ITS CREATION, COMPOSITION AND ORGANIZATION Section 1. There is hereby created a City Recreation Board to be composed of five members, appointed by the Mayor with the approval of the City Council. Members shall be qualified voters of the city and shall receive no compensation for their services. The City Manager shall be an ex- officio member. Except for filling vacancies, all appointments shall be made at the first regular meeting of the City Council held after the first Tuesday in April. Of the original appointees, one shall serve until 1954, two until 1955, and two until 1956. Their respective successors shall serve for a term of three years. The Board shall hold a regular meeting monthly and special meetings at the call of the Chairman or on the request of three members. At the first regular meeting in May, the Board shall se- lect from its membership a Chairman, a Vice Chairman and a Secre- tary who shall perform the respective duties customarily incumbent upon such officers. DUTIES AND POWERS OF BOARD Section 2. It shall be the duties of the Board, subject to any general policies prescribed by the City Council, to operate parks, playgrounds and other recreation facilities owned or leased by or donated for the use of the City; and to conduct a constructive and wholesome program of recreational activities for the benefit of all the inhabitants of the City, particularly the youth. CITIZENS RECREATION ADVISORY COMMITTEE Section 3. The Board is hereby authorized to create a Citizens Recreation Advisory Committee to be composed of representatives selected by each of the educational, civic, cultural and similar organizations of the City. The purpose of this Oonanittee shall be to meet with the Board at least twice each year and at other times upon request to advise with the Board in the performance of its duties. RECREATION FUND Section 4. A separate account, to be known as the Recreation Fund, is hereby created in the Finance Department. All monies - 198 - Ordinance No. 177 - Page 2 appropriated by the City for recreation purposes shall be kept in this fund and shall be withdrawn as are funds from other accounts. Passed and approved this the 30th day of January 1953. APPROVED: S/ Ernest Langford Mayor ATTEST: S/ N, M. McGinnis City Secretary • - 199 - ORDINANCE NO. 184 AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE CITY OF COLLEGE STATION, TEXAS: PROVIDING FOR AND ELECTING TO HAVE ALL OF THE EMPLOYEES OF ALL DEPARTMENTS OF THE CITY GOVERNMENT, EXCEPT THE FIRE DEPARTMENT, PARTICIPATE IN SUCH SYSTEM; AND ACCEPTING ALL OF THE OBLIGATIONS AND BENEFITS OF SUCH SYSTEM. WHEREAS, the constitution of the State of Texas was amended on November 7, 1944, by the addition of Section 51 -f, Article III, which authorized the Legislature to establish a statewide retire- ment and disability pension system for city employees; WHEREAS, Chapter 75, Acts 50th Legislature (1947) as amended by Chapter 24, Acts Regular Session 51st Legislature (Vernon's Civil Stets., Art. (6243h) established the Texas Municipal Retire- ment System, and authorizes the governing body of each city or town to elect, at its option, to have one or more of the city de- partments participate in such system; and WHEREAS, a majority of municipal employees are not covered by Federal Social Security, the governing body of the City of College Station, Texas, finds that it will be in the public interest for the city to have its employees participate in the Texas Municipal Retirement System, now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That, on behalf of the City of College Station, Texas, the City Council hereby exercises its option and elects to have the city and all of the employees of all departments, except the fire department, participate in the Texas Municipal Retirement System as provided in Chapter 75, Acts of the 50th Legislature, as amended, being Article 6243h of Vernon's Annotated Civil Statutes; and all of the benefits and obligations of such system are hereby accepted. Section 2. That the Mayor is hereby directed to notify the Board of Trustees of the Texas Municipal Retirement System that the City of College Station, Texas, has elected to participate and have the employees of all city departments participate in such system; provided, however, that after the effective date of this ordinance any employee must serve a period of ninety (90) days before becoming eligible for participation. Section 3. Each person who becomes an employee of any parti- cipating department on or after the effective date of participation of such department shall be included within and subject to the pro- visions of the Texas Municipal Retirement System beginning upon the date such person becomes an "employee" as defined in sub - section 14, Section II, of such system. - 200 - Ordinance No. 184 - Page 2 C Section 4. That the City of College Station, Texas, may in the future refuse to add new departments or new employees to such system but shall never discontinue as to any participants. Section 5. That the City Secretary is hereby directed to re- mit to the Board of Trustees of the Texas Municipal Retirement System, at its office in Austin, Texas, the city's proper contri- butions to the system and the amounts which shall be deducted from the compensation or payroll of employees, all as required by said Board under the provisions of Chapter 75, Acts of the 50th Legis- lature of the State of Texas, as amended, and the said City Secre- tary is hereby authorized and directed to ascertain and certify officially on behalf of the City of College Station, Texas, the prior service rendered to the said municipality by each of the employees of the participating departments, and the average prior service compensation received by each, and to make and execute all other reports and certificates, which may be required by the City of College Station, Texas, under the provisions of Chapter 24, Acts Regular Session 51st Legislature or the rules and regulations of the Board of Trustees of the Texas Municipal Retirement System. Passed and approved this the 17th day of August, 1953. APPROVED: S/ Ernest Langford Mayor ATTEST: S/ N. M. McGinnis City Secretary - 201 - ORDINANCE NO. 210 AN ORDINANCE SETTING FORTH THE REQUIREMENTS FOR PLATS OF SUBDIVI- SIONS WITHIN AND ADJACENT TO THE CITY OF COLTFGE STATION AND PRE- SCRIBING CONDITIONS PRECEDENT REGARDING PUBLIC UTILITIES AND STREETS FOR ADMISSION OF ADJACENT TERRITORY WITHIN THE CITY LIMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. From and after the passage of this Ordinance, all plats of subdivisions of land within the corporate limits of the City of College Station or additions and subdivisions without the City of College Station, before and as a condition precedent to the bringing into the City of any such additions or subdivisions, shall conform to the following rules and regulations. (1) Definitions. (a) City Council - the duly and constitutionally elected governing body of the City of College Station. (b) Planning Commission - the duly appointed City Plan- ning Commission of the City of College Station appointed by the City Council. (c) City Engineer - the duly appointed engineer for the City of College Station. (d) Developer - wherever this term appears in the ordi- nance it shall mean the person, firm or corporation subdividing a piece of land to be sold or otherwise handled for their own per- sonal gain or use. (e) Subdivisions - shall mean division of a tract or parcel of land into two or more lots for the purpose, whether imme- diate or future, of sale or building development, expressly ex- cluding development for agricultural purposes, and shall include resubdivision and, when appropriate to the context shall relate to the process of subdividing or to the land or area subdivided. Re- subdivision shall mean the division of an existing subdivision, together with any change of lot size therein, or with the reloca- tion of any street lines. (2) Preliminary Plat. A Preliminary Plat of any proposed subdivision shall be submitted to the City Planning Commission and transmitted by said City Planning Commission with its recommenda- tion to the City Council, for approval before the subdivider pro- ceeds with the Final Plat for record. This Preliminary Plat shall be drawn to a scale not smaller than 200 feet to an inch and shall show the following information: (a) The existing boundary lines of the land to be sub- divided; the property .. lines of adjoining property owners and ad- joining street lines. - 215 - Ordinance No. 210 - Page 2 (b) The location of existing water courses, railroads, and other similar drainage and transportation features; location and widths of streets, alleys, easements, lots and recreational areas. (c) The date, scale and north point; and the title under which the plat is to be recorded with the name of the owner. (d) Topographical information approximately equivalent to two (2) foot contour lines. The City Planning Commission shall be furnished with three (3) legible prints of the Preliminary Plat ten days or more before reg- ular City Planning Commission meetings. These plats shall be filed in the office of the City Engineer. The City Planning Commission shall approve or disapprove with- in thirty (30) days any Preliminary Plat submitted to it. Approval of the Preliminary Plat shall not constitute final acceptance of the Final Plat. If a Developer so elects, he may submit a Master Preliminary Plat of the entire area he proposes to subdivide over a period of time, such plat to have an accurate boundary survey showing clo- sure within permissable limits and all topography. After approval tir of this Master Preliminary Plat, he may proceed to submit Final Plats in accordance with the Master Preliminary Plat, by units as the development proceeds. Each unit must be adjacent to the pre- ceding unit and any unit must contain two (2) or more acres of land. (3) Final Plat. After approval of a Preliminary Plat by the City Planning Commission, a Final Plat shall be filed in the office of the City Engineer. Such plat shall have all changes and altera- tions made on it that were shown on the previously submitted Pre- liminary Plat. No Final Plat will be considered unless a Prelimi- nary Plat has been first submitted. All Final Plats shall be drawn on sheets 24" x 30" and to a scale of 100 feet to an inch or larg- er. Where more than one sheet is required, an index sheet 24" x 30" shall be filed showing the entire subdivision on this index sheet. The Final Plat shall show the following information: (a) The date, scale, north point and subdivision title. (b) The names of adjoining subdivisions or the names of the adjoining property owners, together with the respective plat or deed reference. (c) The length of all straight lines; the deflection angles, radii, arcs, and tangents of all curves shall be given along the property lines of each street; and all dimensions along the lines of each lot with the angles of intersection they make with each other; also the angles which the center lines of intersecting streets make with each other. - 216 - t Ordinance No. 210 - Page 3 (d) The lines and names of all proposed streets or other ways or easements to be dedicated for public use. (e) Where lots are set aside or planned for business use, adequate off street parking must be provided and an addi- tional setback building line may be required. (f) The location of building lines on both front and side streets must be shown. (g) The description and location of all permanent survey monuments and control points. (h) Suitable primary control points to which all dimen- sions, bearing and similar data shall be referred. Dimensions shall be shown in feet and decimals of a foot. (i) The certificate of the licensed civil engineer or surveyor who surveyed, mapped and monumented the land shall be placed on the face or back of the map. (j) A certificate of ownership and of dedication of all streets, alleys and playgrounds to public use forever, signed and acknowledged before a Notary Public by the owner of the land, and lienholder, if any, to appear on the face or back of the map, con- taining a complete and accurate description of the land subdivided and the streets dedicated. Five (5) legible prints of the Final Plat shall be filed in the office of the City Engineer. Where a Preliminary Plat has been approved by the City Planning Commission, the Final Plat shall be submitted within six (6) months thereafter; otherwise, approval of the Preliminary Plat shall become null and void except where a Master Preliminary Plat has been approved and fractional Final Plats are being submitted. (4) Relationship to Street and Lot System. In general, streets and lots shall conform to the pattern already established in the adjacent areas, having due regard for the character of the neighborhood, its particular suitability for development for resi- dential purposes, and also taking into consideration the natural topography of the ground, drainage, sanitary sewerage facilities, and the proposed lay -out of streets. (5) Access to Lots. Each lot shall be provided with adequate access to an existing or proposed public street by frontage on such street. (6) Street Widths. The width of thoroughfares and traffic streets shall be determined by the City Planning Commission. No streets shall be less than 50 feet in width. Where plats are presented for approval which adjoin unplatted property, half streets may be approved, or the full width may be required by the City Planning Commission, on the first of the tracts subdivided. - 217 - Ordinance No. 210 - Page 4 IC; (7) Street Names. New streets shall be named so as to provide c ontinuity of name with existing streets and so as to prevent con- flict with identical or similar names in other parts of the City. (8) Dead End Streets. Dead end streets may be platted where the land adjoins property not subdivided, in which case the streets shall be carried to the boundaries thereof. In the few instances where dead end streets are necessary, a turn around roadway (cul- de -sac) with a minimum curb radius of fifty (50) feet shall be pro- vided. (9) Street Intersections. Acute angles between streets at their intersections are to be avoided. However, when intersecting angles sharper than eighty (80) degrees are deemed advisable, the property line in the small angle of the intersection shall be rounded so as to permit the construction of curbs having a radius of not less than twenty -five (25) feet, without decreasing the normal width of the sidewalk area. (10) Block Lengths and Widths. Streets shall be platted to allow two tiers of lots with an alley or easement between them. Intersection cross streets shall not be more than 1,000 feet apart. Streets shall be platted with appropriate regard to the creeks, wooded areas and other topographical features lending themselves to attractive treatment. C io (11) Easements and Alleys. Except where alleys of not less than twenty (20) feet in width are provided, easements not less than ten (10) feet in width shall be retained on each side of rear lot lines. Where necessary, easements not less than ten (10) feet in width, on each side of side lot lines, shall be retained for poles, wires, conduits, storm sewers, sanitary sewers, water lines, open drains, gas lines, or other utilities. Such easements may be re- quired across parts of lots other than as described above upon recommendation of the City Engineer. Where the proposed platted area adjoins an unplatted area the full alley or easement width may be required along the rear of lots adjoining the unplatted area. (12) Lot Arrangement. The side lines of lots shall be approx- imately at right angles to straight street lines or radial to curved street lines. In general, an arrangement placing adjacent lots at right angles to each other should be avoided. (13) Lot Sizes. The minimum width of interior residential lots shall be fifty (50) feet and corner residential lots shall be sixty (60) feet. Lots, which, in the opinion of the City Planning Commission shall properly be devoted to business property, may have smaller width. Lots in general shall not be less than 125 feet in depth. All interior residential lots shall contain not less than 6,000 square feet of area, corner lots not less than 7,500 square feet. (14) Street Monuments and Property Markers. Concrete monu- ments, eight (8) inches in diameter by thirty -six (36) inches long, - 218 - t Ordinance No. 210 - Page 5 shall be placed at all block corners, all points of curve, all points of deflection from a tangent, and at all corners of bound- ary lines of a subdivision. The exact intersection point on the monument shall be marked by a reinforcing iron bar one -half (k) inch in diameter embedded at least twelve (12) inches in the monu- ment. The top of the monument shall be placed flush with the exist- ing ground. Intermediate property corners shall be marked with iron stakes driven flush with the ground or countersunk, if necessary, in order to avoid being disturbed. (15) Utility Construction. The following requirements rela- tive to utility construction by the Developer are hereby adopted. (a) The Subdivider or Developer shall be required to construct all streets, storm sewers, sanitary sewers, lift station, water mains, fire mains, culverts, bridges and other appurtenances necessary to adequately serve the area to be subdivided along the lines and grades established by the City Engineer of the City of College Station and all work done shall be in strict accordance with the specifications in use by the City of College Station for the particular utility concerned. (b) Street improvements shall be constructed in full compliance with the specifications of the City of College Station for the type of work to be performed and shall be constructed at the Developerts expense. In no instance shall the type of improve- ment be less than the required grading, curb and gutters, and the placing of a six (6 ") inch, compact depth, gravel base with double penetration asphalt wearing surface. (c) All water mains shall be class 150 cast iron pipe with lead or mechanical joints. (d) All sanitary sewer lines shall be vitrified clay pipe with hot poured mastic joints. (e) All storm sewer lines shall be tongue and groove reinforced concrete pipe. (f) Street lighting facilities including brackets and fixtures ready to connect to the City's street light system shall be provided to the limits of the proposed development to provide a light at each street intersection. (g) Fireplugs shall be placed in water mains so that no piece of property shall be more than 1,000 feet from a plug; pro- vided, however, that if in approving a plat or subdivision the City shall require plugs to be placed closer together the City will pay for the additional fireplugs required at the unit price bid for fireplugs. - 219 - Ordinance No. 210 - Page 6 (h) all utilities constructed shall upon completion and a cceptance by the City of College Station become the property of the City of College Station. (16) Guarantee for Construction of Streets and Utilities. Approval of any such plan, plat or replat shall not be deemed an acceptance of the proposed dedication and shall not impose any duty upon the City concerning the maintenance or improvements of any such dedicated parts until the proper authorities of the City shall have made actual appropriation of the same by entry, use or im- provement. Unless and until any such plan, plat or replat shall have been first approved in the manner and by the authorities provided for in this Ordinance, it shall be unlawful within the area covered by said plan, plat or replat for any official of the City of College Station to serve or connect said land or any part thereof, or for the use of the owners or purchasers of said land or any part there- of, with any public utilities such as water, light, et cetera, which may be owned or controlled or distributed by the City of College Station. The City Planning Commission shall adopt and accept a plat previously approved as a Preliminary Plat together with all dedi- cations of streets, alleys, parks, easements, public places, et cetera, as shown on said plat, only upon report and recommendation of the City Engineer evidencing that the Developer has made neces- sary arrangements for the construction of all streets, alleys, drainage systems and utilities required, prior to the time when any utilities may be connected by the City of College Station or by any public utility company or other entity. All improvements set out above under "Utilities" shall be in- stalled prior to approval of the Final Plat. In lieu of actual completion of such improvements, the Developer may execute a per- formance bond to secure to the City the actual construction of such improvements in a satisfactory manner. Such performance bond guaranteeing the construction of the improvements shall be in the amount and for such period required to construct said improvements as shall be determined by the City Engineer. The bond shall be accompanied by the signed statement from the Engineer certifying that the amount is adequate to cover the cost of the respective improvements which he is required to approve. The record plat shall not be approved until the City Planning Commission receives a certificate from the Engineer that all improvements for which the Developer is responsible have been satisfactorily completed or that the Engineer has approved the amount of the bond therefor. In lieu of the faithful performance bond above specified, a deposit may be made, either with the City Secretary or a responsi- ble escrow agent or trust company, subject to the approval of the r City Council, or money or negotiable bonds in the same amount of the kind approved by provisions of law for securing deposits of - 220 - Ordinance No. 210 - Page 7 public money in banks. If a cash deposit is made, the agreement may provide that progress payments may be made to the contractor or the Developer out of the deposit as the work progresses. After approval of the Final Plat, in accordance with one of the above methods, the official stamp of approval shall be placed on three copies of the Final Plat and signed by the Chairman of the City Planning Commission. One copy shall be retained in the office of the City Engineer, and two copies returned to the Devel- oper after the Plat has been recorded in the office of the County Clerk. The City will file one copy of the Final Plat with the County Clerk for recording. The developer will pay Ten 010.00) Dollars to the City of College Station to cover the recording fee prior to approval of the Final Plat by the City Planning Commission. (17) Refusal of Dedication. If any such plan, plat or replat is disapproved by the City Planning Commission, such disapproval shall be deemed a refusal by the City of College Station to accept the offered dedication shown thereon. Section 2. Repealing Clause. Ordinance No. 91 and all ordi- nances or resolutions or parts of ordinances or resolutions in con- flict with the provisions of this ordinance are hereby repealed to the extent of said conflict. Section 3. Severability Clause. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, void or invalid, the validity of the re- maining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance, that no portion hereof, or provision or regulation contained here- in, shall become inoperative or fail by reason of the unconstitu- tionality or invalidity of any section, subsection, sentence, clause, phrase or provision of this Ordinance. Passed and approved this the 21st day of February, 1955 A. D, APPROVED: S/ Ernest Langford Mayor ATTEST: S/ N. M. McGinnis City Secretary - 221 - ORDINANCE NO. 212 rr REGULATING THE SALE, OFFERING FOR SALE, EXHIBITING FOR SALE OR EXHIBITING FOR THE PURPOSE OF TAKING ORDERS FOR SALE OF MERCHAN- DISE IN THE CITY OF COLLEGE STATION, TEXAS, BY ITINERANT VENDORS, PROVIDING FOR THE LICENSING OF SUCH OCCUPATION, AND FOR PENALTIES FOR VIOLATION HEREOF; AND REPEALING ORDINANCE NO. 102. BE IT ORDAINED by the City Council of the City of College Station, Texas: SECTION I. DEFINITIONS: The term "itinerant vendors" means and includes and shall be construed to mean and include all persons, firms and corporations, as well as their agents and employees, who engage in temporary or transient business in the City of College Station, Texas, of selling or offering for sale any goods or mer- chandise or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof and who, for the purpose of carrying on such business or conducting such exhibits thereof, use trucks parked upon the streets or vacant lots of the City of College Station, or who use the vacant lots of the City of College Station, or who either hire, rent, lease or occupy any room or space in any building, structure or other enclosure in the City of College Station, Texas, from, through or in which any goods or merchandise may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof. The word "temporary ", as used above, means and shall be construed to mean any such business transacted or conducted in the City of College Station, Texas, for which def- inite arrangements have not been made for the hire, rental or lease of premises for at least one month in or upon which such business is to be operated or conducted. The word "transient" as above used, means and shall be construed to mean any such business of any such itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents or employees, who reside away from the City of College Station, Texas, or who have fixed places of business in places other than the City of College Station, Texas, or who have their headquarters in places other than the City of College Station, Texas, or who move stocks of goods or merchandise or samples thereof into College Station, Texas, with the purpose or intention of removing same or the unsold portion thereof away from the City of College Station, Texas, before the expiration of one month. SECTION II. ITINERANT VENDORS MUST HAVE LICENSES. It shall hereafter be unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale or exhibit for the purpose of taking orders for the sale of any goods or merchandise in the City of Cole ge Station, Texas, without first obtaining a license permit as herein provided for. The assessor and collector of taxes of the City of College Station shall issue to any itinerant vendor a license per- mit authorizing such itinerant vendor to sell, exhibit for sale or offer for sale, or exhibit for the purpose of taking orders for the sale thereof in the City of College Station, his goods or merchandise only after such itinerant vendor shall have fully complied with the - 222 - Ordinance No. 212 - Page 2 provisions of this ordinance and shall have made payment in the amount of fifty ($50.00) Dollars, for said license permit (which license permit shall authorize the conducting and operation of said business from only one room or space in any building, struc- ture or other enclosure, or from only one vacant lot or from only one truck, but not both) which sum shall compensate the City of College Station, Texas, for the services herein required of it, and enable the City of College Station, Texas, to partially de- fray the expense of enforcing the provisions of this ordinance; provided. (a) The itinerant vendor shall make application to the assessor and collector of taxes at least (10) ten days prior to the date of his contemplated sale or exhibit to be held in the City of College Station, Texas, which application shall be in the form of an affidavit, stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the names and addresses of its officers, if it be a corporation, and the partnership name and addresses of all partners, if such itinerant vendor be such a firm. (b) Before said license permit shall issue, the application therefor must be accompanied by: 1. A statement showing the kind and character of the goods or merchandise to be sold, offered for sale, or exhibited. 2. A certified copy of the charter, if the itinerant vendor be a corporation incorporated under the laws of the State of Texas. 3. A certified copy of its permit to do business in Texas if the itinerant vendor be a foreign cor- poration. 4. A bond in the sum of not less than One Thousand ($1,000.00) Dollars, executed by the itinerant vendor as principal with two or more good and sufficient sureties satisfactory to the assessor and collector of taxes which bond shall be pay- able to the Mayor of the City of College Station, Texas, and his successors in office for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and sureties will pay all damages to persons caused by or arising from or growing out of the itinerant vendor while conducting the sale or exhibit in the City of College Station, Texas. The bond shall re- main in full force and effect for the entire dura- tion of the license permit provided for herein, and for two (2) full years after such license permit expires. - 223 - Ordinance No. 212 - Page 3 SECTION III. LICENSE NOT TRANSFERABLE. The license permit provided for herein shall not be transferable nor give authority to more than one person to sell or exhibit goods or merchandise as an itinerant vendor either by agent or by clerk or any other way than his own proper person, but any person having obtained such license permit may have the assistance of one or more per- sons in conducting sale or exhibit who shall have the authority to assist the principal, but shall not have the authority to act for or without him. SECTION IV. DURATION OF LICENSE. The license permit as provided for herein shall continue so long as such sale or ex- hibit is continuously held in the City of College Station, Texas, but in no event shall it continue for more than forty (40) days from the date of its issuance. Such license permit shall be prominently displayed in a conspicuous place on the premises where, or the truck from which, such sale or exhibit is being conducted and shall remain so displayed so long as any goods or merchandise are being so sold or exhibited. SECTION V. EXEMPTIONS. This ordinance is not and shall not be held applicable to the following: (a) Ordinary commercial traveler who sells or exhibits for sale goods or merchandise to parties engaged in the business of buying, selling and dealing in such goods and merchandise. (b) Vendors of farm products, poultry, stock or agricul- tural products in their natural state (however, the exemption shall not exempt from the provisions here- of sales or exhibit for sale of lumber or wooden poles.) (c) Sales of goods or merchandise donated by the owner thereof, proceeds of which are applied to any char- itable or philanthropic purpose. SECTION VI. PENALTY. Any person violating any of the fore- going provisions of this ordinance shall upon conviction be fined not less than Fifty (50.00) Dollars, nor more than One Hundred ($100.00) Dollars and each sale or exhibition for the purpose of sale or of taking orders for sale thereof shall be a separate offense. SECTION VII. SAVING CLAUSE. In the event any section, sub- section, sentence, clause, or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudica- tion shall in no way or manner affect any other section, sub- section, sentence, clause or phrase of this ordinance, but all of the rest hereof shall be in full force and effect just as though the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not orig- inally a part thereof. - 224 - Ordinance No. 212 - Page 4 IC; SECTION VIII. REPEAL OF INCONSISTENT ORDINANCES. Ordinance N o. 102 and parts of all other ordinances inconsistent or in con- flict with the provisions of this ordinance shall be and the same are hereby repealed. Passed and approved the 16th day of May, A. D. 1955. APPROVED: S /Ernest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary - 225 - ORDINANCE NO. 224 AN ORDINANCE AMENDING ORDINANCE NO. 167 OF THE CITY OF COLLEGE STATION, TEXAS, 1951, BY ADDING A NEW SECTION AFTER SECTION 43 OF ARTICLE 5 TO BE KNOWN AS SECTION 43A, ENTITLED, "NEGLIGENT COLLISIONS "; DEFINING THE OFFENSE OF NEGLIGENT COLLISION AND PRESCRIBING A PENALTY FOR THE VIOLATION OF THE OFFENSE, AND PRESCRIBING AN EFFECTIVE DATE, BE IT ORDAINED BY THE City of College Station, Texas: Section I. That ordinance No. 167 of the City of College Station, Texas, 1951 be, and the same is hereby amended by add- ing after Section 43, Article 5, a new section to be known as Section 43A, defining the offense of negligent collision. NEGLIGENT COLLISIONS - No person driving or operating, or in charge of any motor vehicle, animal, railroad engine, railroad car, or any other vehicle shall, by negligence, cause or suffer or per- mit the same to come in collision with any other vehicles of any nature whatever, or with any animal, person, street post, water plug, mail box or any other obstacle or object whatever, in or on any street, alley, avenue, highway or other public place whatever, in the City of College Station. Violation of this section shall be known as the offense of "negligent collision ". Iry Section II. NEGLIGENCE - Negligence is the want of such care and caution as a person of ordinary prudence would use under like or similar circumstances. Negligence shall be prima facie presumed from the fact of collision. Section III. Every person convicted of a violation of this ordinance shall be punished by a fine of not less than one ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars. Section IV. This ordinance shall take effect and be in force from and after its final passage and publication as prescribed by the Charter. Passed and approved this 27th day of February, 1956. APPROVED: s/ Ernest Langford Mayor ATTEST: s/ N. M. McGinnis City Secretary - 226 - ORDINANCE NO. 234 AN ORDINANCE AUTHORIZING THE CITY COUNCIL OF THE CITY OF COLLEGE STATION ACTING FOR AND ON BEHALF OF SAID CITY TO ENTER INTO ALL NECESSARY AGREEMENTS WITH THE STATE DEPARTMENT OF PUBLIC WELFARE RELATIVE TO FEDERAL OLD -AGE AND SURVIVORuS INSURANCE BENEFITS UNDER THE PROVISIONS OF APPLICABLE STATE AND FEDERAL LAWS; AUTHORIZING THE MAYOR TO EXECUTE ALL SAID NECESSARY AGREEMENTS AND INSTRUMENTS FCR AND ON BEHALF OF SAID CITY COUNCIL AND CITY: DIRECTING THE DIRECTOR OF FINANCE TO MAKE ASSESSMENTS, COLLECTIONS, AND REPORTS; AND ORDERING THE ALLOCATION AND SETTING ASIDE OF SUFFICIENT MONEY FROM AVAILABLE FUNDS TO CARRY OUT THE PROVISIONS OF SAID LAWS, SUCH MONEY TO BE SET ASIDE AND MAINTAINED IN THE REGULAR CITY DEPOSITORY AND TO BE KNOWN AS THE CITY OF COLLEGE 1 STATION SOCIAL SECURITY FUND. WHEREAS, under the provisions of (1) House Bill 603, Acts 52nd Leg., R. S. 1951, and (2) Public Law 734, 81st Congress, ch. 809, 2d, H. R. 6000, incorporated cities of this State may enter into agreements with the State Department of Public Welfare and secure the benefits of Federal Old -Age and Survivors Insurance, as outlined in said laws; and WHEREAS, it is the opinion of this City Council that the ex- tension of this Old -Age and Survivors Insurance System will be of great benefit not only to the employees of the municipality but to the municipality by attracting to it and enabling it to retain the best of personnel and thus increase the efficiency of its government; and it is deemed that the payment by the munici- pality of its portion of the cost of said system is a payment for municipal purposes. WHEREAS, it is the desire of this City Council to authorize the making of any and all necessary agreements in order to secure the benefits of said acts; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: 1. That the City Council acting for and on behalf of the City of College Station, shall enter into all necessary agreements with the State Department of Public Welfare for the purpose of carrying out the provisions of the above - mentioned acts. 2. That Honorable Ernest Langford, Mayor, is hereby appoint- ed as Agent of the City Council and of the'City execute all necessary agreements and instruments for and in behalf of said City Council and City. 3. That the Director of Finance is hereby directed to be the person responsible for making assessments, collections, payments, and reports, as required by the State Department of Public Welfare. - 227 - Ordinance No. 234 - Page 2 4. That a sufficient sum of money be allocated and set aside from available funds for the purpose of carrying out the provisions of the above - mentioned acts. Such money so allocated and set aside to be known as the City of College Station Social Security Fund, which fund shall be set aside and maintained in the regular city depository. PASSED AND APPROVED this the 23rd day of July, 1956. APPROVED: s/ Ernest Langford Mayor ATTEST: s/ N. M. McGinnis City Secretary — 228 — ORDINANCE NO. 235 AN ORDINANCE DELETING CERTAIN AREAS FROM THE FIRE ZONE AND DE- CREASING THE FIRE LIMITS. BE IT ORDAINED by the City Council of the City of College Station, Texas: That the area described as follows be eliminated from the fire zone as set out in Ordinance No. 77: All that property in Block Three (3) of College Hills Estates, Brazos County, Texas, lying between the north line of Lot Fourteen (14) and the west line of the park area lying north of Lot One (1), Block Three (3), all on the east side of state highway No. 6 in the City of College Station, Brazos County, Texas; It is, therefore, ORDERED AND ORDAINED that such area be eliminated from the fire zone. It is understood and agreed that all other conditions and areas in the fire zone shall remain as passed and approved. Signed and approved by the Mayor and attested by the City Secretary this the 26th day of November, A. D., 1956. APPROVED: s/ Ernest Langford Mayor ATTEST: s/ N. M. McGinnis City Secretary - 229 - ORDINANCE NO. 239 AN ORDINANCE REGULATING THE STORING AND HANDLING OF GASOLINE, BU- TANE AND OTHER VOLATILE INFLAMMABT,E OILS OR MATERIALS AT RETAIL ESTABLISHMENTS WITHIN THE CITY OF COLTEGE STATION, BRAZOS COUNTY, TEXAS, PROVIDING PENALTIES FOR VIOLATION AND DECLARING AN EM R- GENCY; AND REPEALING ORDINANCE NO. 103. BE IT ORDAINED by the City Council of the City of College Station, Texas: Section I. That no person, firm, association or corpora- tion shall keep or store within the corporate limits of the City of College Station, Texas, gasoline, butane or other volatile in- flammable oils or materials in, on, or under premises used as retail establishments, in a total amount greater than 16,000 gallons, or in storage tanks having a capacity of more than 6,000 gallons each. Section II. That no person, firm, association or corpora- tion shall unload gasoline, butane or other volatile inflammable oils or materials at any retail establishment within the corporate limits of the City of College Station, Texas, from a tank truck or other containers having a capacity of more than 6,000 gallons of such gasoline, butane or other volatile inflammable oils or mate- rials. Section III. That the provisions of the foregoing section shall not apply to any person, firm, association or corporation transporting gasoline, butane or other volatile inflammable oils or materials within or through the corporate limits of the City of College Station, Texas, in the normal course of business, and not for the purpose of unloading the same at a retail establish- ment within the corporate limits. Section IV. That any person, firm, association or corpora- tion who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not more than $100.00. Section V. The fact that owners of retail places patronized and frequented by the general public are preparing to unload and store gasoline in large quantities at such retail places, causes a fire hazard dangerous to the public, creates an emergency, and this ordinance will take effect immediately upon its passage, approval and publication as required by law. - 230 - Ordinance No. 239 - Page 2 C ov Section VI. Ordinance No. 103 is hereby repealed. Passed and approved this the 19th of December, 1956. APPROVED: S/ Ernest Lanp.ford Mayor ATTEST: s/ rT_ M. N`eGinni.s City Secretary • - 231 - ORDINANCE NO. 241 AN ORDINANCE DELETING CERTAIN AREAS FROM THE FIRE ZONE AND DECREAS- ING THE FIRE LIMITS. BE IT ORDAINED by the City Council of the City of College Station, Texas: That the area described as follows be eliminated from the fire zone as set out in Ordinance No. 77: BEGINNING at the intersection of the Su1phi.r Springs Road and State Highway No. 6; THENCE in a southeasterly direction along the center line of State Highway No. 6 for a distance of 2985 feet to the inter- section of the centerline of State Highway No. 6 with the ex- tension of the northwest side of Lot 14, Block 3 of the College Hills Estates Addition to the City of College Station, Texas. BEGINNING at the north corner of Lot 14, Block 3 of the College Hills Estates Addition to the City of College Station, Texas; THENCE in a northwesterly direction along the south side of alley in Block 3 of said Addition to the intersection of the south side of alley with Walton Drive; THENCE continuing in a northwesterly direction along the south side of the alley in Block 1 of said Addition to the most northerly corner of Lot 10, Block 1; THENCE in a westerly direction along southside of circular alley in Block 1 to the most northerly corner of Lot 5, Block 1 of said Addition; THENCE N. 45 W. and parallel with State Highway No. 6 a dis- tance of 2000 feet to the northwest side of Lot 28 of the D. A. Smith Subdivision of 69 acres out of the Richard Carter League of Brazos County, Texas; THENCE S. 45 W. a distance of 200 feet to the point of BEGINNING. It is, therefore, ORDERED AND ORDAINED that such area be eliminated from the fire zone. It is understood and agreed that all other conditions and areas in the fire zone shall remain as passed and approved. - 232 - Ordinance No. 241 - Page 2 SIGNED AND APPROVED by the Mayor and attested by the City Secre- tary this the 28th day of January, A. D., 1957. APPROVED: S/ Ernest Langford Mayor ATTEST: S/ N. M. McGinnis City Secretary • - 233 - ORDINANCE NO. 247 AN ORDINANCE ESTABLISHING A FIFTY MILE PER HOUR SPEED LIMIT ON HIGHWAY 6 BEGINNING AT THE SOUTH CITY LIMITS TO A POINT WITHIN ONE THOUSAND FEET OF THE INTERSECTION OF HIGHWAY 6 AND JERSEY STRRPT; ESTABLISHING A 45 MILE PER HOUR SPEED LIMIT FROM SAID POINT TO THE INTERSECTION OF JERSEY STREET; ESTABLISHING A 40 MILE PER HOUR SPEED LIMIT ON HIGHWAY 6 FROM JERSEY STREET THROUGH THE CITY OF COLLEGE STATION TO THE CITY LIMITS OF BRYAN; ESTABLISHING A 40 MILE PER HOUR SPEED LIMIT FROM THE INTERSECTION OF FARM TO MARKET ROAD 60 TO THE CITY LIMITS ON FARM TO MARKET ROAD 2154; ESTABLISH- ING A 40 MILE PER HOUR SPEED LIMIT ON HIGHWAY 308 FROM THE CIRCLE TO THE CITY LIMITS OF BRYAN; ESTABLISHING A 40 MILE PER HOUR SPEED LIMIT FROM THE CIRCLE ON FARM TO MARKET ROAD 60 TO THE INTERSEC- TION OF HIGHWAY 6; ESTABLISHING A 15 MILE PER HOUR SPEED LIMIT ON JERSEY STREET DURING THE INTERVAL FROM ONE HOUR BEFORE SCHOOL IS ASSEMBLED UNTIL ONE HOUR AFTER SCHOOL IS DISMISSED FROM THE INTER- SECTION OF TIMBER STREET TO THE INTERSECTION OF THE GRAVEL STREET IMMEDIATELY EAST OF THE HIGH SCHOOL; AND ESTABLISHING A 30 MILE PER HOUR SPEED LIMIT FOR ALL OTHER STREETS IN THE CITY OF COLLEGE STATION. BE IT ORDAINED by the City Council of the City of College Station, Texas, that pursuant to authority under the charter of the City of College Station, and the statutes of the State of Texas, the following regulations controlling speed limits on cer- tain streets and highways in the City of College Station are fixed: In the best interest of public safety, movement of traffic, and for the general good of the public, the following speed limits are established within the limits of the City of College Station, Texas: A. A fifty mile per hour speed limit on Highway 6 beginning at the south city limits to a point within one thousand feet of the intersection of Highway 6 and Jersey Street; B. A 45 mile per hour speed limit from said point to the intersection of Jersey Street; and a 40 mile per hour speed limit on Highway 6 from Jersey Street through the City of College Station to the city limits of Bryan; C. A 40 mile per hour speed limit from the intersection of Farm to Market 60 to the city limits on Farm to Market road 2154; D. A 40 mile per hour speed limit on Highway 308 from the Circle to the Bryan city limits; E. A 40 mile per hour speed limit from the Circle on Farm to Market 60 to the intersection of Highway 6; F. A 15 mile per hour speed limit on Jersey Street during the interval from one hour before school is assembled until one hour - 234 - Ordinance No. 247 - Page 2 after school is dismissed from the intersection of Timber Street to the intersection of the gravel street immediately east of the High School; G. A 30'mile per hour speed limit for all other streets in the City of College Station. IT IS THEREFORE ORDERED AND ORDAINED that such speed limits be established and that appropriate signs be erected; that the pro- per authorities, after the due passing of this ordinance and erec- tion of said signs, be instructed to enforce said ordinance; and that anyone violating said speed limits be found guilty of a mis- demeanor. Passed and approved this 25th day of February, 1957. APPROVED: S/ Ernest Langford Mayor c ATTEST: S/ N. M. McGinnis City Secretary - 235 - ORDINANCE NO. 248 AN ORDINANCE REQUIRING THE LICENSING OF DOGS, PROVIDING THE MANNER OF SECURING LICENSES, PRESCRIBING CONDITIONS UNDER WHICH BITCHES SHALL BE PENNED UP, AUTHORIZING THE REQUIREMENT OF ALL DOGS TO BE MUZZLED UNDER CERTAIN CIRCUMSTANCES, DIRECTING THE CHIEF OF POLICE TO IMPOUND OR KILL DOGS UNDER CERTAIN CONDITIONS, PROVIDING FOR THE REDEMPTION OF IMPOUNDED DOGS, AND PROVIDING A PENALTY AND REPEAL- ING ORDINANCES NO. 50 AND NO. 137. BE IT ORDAINED by the City Council of the City of College Station, Texas: I. No person shall allow a dog owned by him or in his care to run at large within the city unless a license for such dog has been secured and is in effect, unless such dog is effectively immunized against rabies, and unless evidence of both such license and immunization are indicated by a tag or tags, provided by or under the direction of the city, attached to a collar worn by the dog. II. In order to obtain a license for a dog the following requirements must be met: a. Making application to the city on forms provided for that purpose. b. Attaching a certificate from a licensed veterinarian that the dog has been innoculated against rabies re- cently enough for such innoculation to be effective during the period for which the license is to be effective. c. Paying a license fee for a fiscal year or fraction thereof, according to the following schedule: (1) one dollar for a male or spayed female. (2) one dollar for a bitch. III. No person shall allow a bitch owned by him or in his care to run at large while she is in heat. IV. The Chief of Police is hereby directed to capture and impound any dog running at large which is not wearing an effec- tive license and rabies tag or tags or any bitch in heat even if wearing such tags. If it is impossible for him to capture such dog, he is hereby authorized to kill the same. V. The Mayor is hereby authorized at any time when in his judgment there are rabid dogs in the city and the public health is thereby endangered, to issue a proclamation forbidding the running at large of any dogs not muzzled. Upon issuance of such proclama- tion, the Chief of Police is hereby directed to capture and im- ® pound if possible, and if not, then to kill, any dogs running at large without muzzles. VI. Any dog impounded under the provisions of this ordinance may be recovered by its owner or keeper within forty -eight hours - 236 - Ordinance No. 248 - Page 2 from the time of such impoundment by the payment to the city of a fee of two dollars and fifty cents (2.50). VII. Any dog that bites any person or is suspected of having rabies or needs to be under observation shall be placed in the ani- mal hospital in A. and M. College, and the owner of said dog shall be responsible for the payment for the fees charged, and failure to pay said fees shall make the owner of said dog subject to the fines hereinafter stated, and the City shall have the authority to do away with any dog after proper notice has been given to its owner. VIII. All license fees and other fees provided herein shall go into the treasury of the city to be used for paying the expenses of enforcing this ordinance. IX. Any person violating the ordinance shall be fined not to exceed fifty 450.00) dollars. Violations of Sections I and III of this ordinance shall each constitute a separate offense, and each day such violation of either section continues shall also constitute a separate offense. PASSED AND APPROVED this 25th day of February, A. D. 1957. APPROVED: SJErnest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary - 237 - ORDINANCE NO. 250 Cre AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF A BUILDING INSPECTOR, SETTING QUALIFICATIONS, AND DUTIES. BE IT ORDAINED by the City Council of the City of College Sta- tion, Texas, that pursuant to authority under the Charter of the City of College Station and the statutes of the State of Texas, the following provisions are made relative to a building inspector for the City of College Station: 1. There is hereby established a Department of Permits and Inspections. The Department of Permits and Inspections shall be under the control of the City Manager. This department shall be divided into two main divisions, namely, issuing of permits and in- spection of buildings. Said inspectors shall be under the direct supervision of the City Manager. 2. The building inspector shall be appointed by the City Manager, who shall fix the qualifications of the building inspector, whose duty it shall be to inspect buildings, particularly in refer- ence to determining if same are safe and in conformity with the zoning ordinances and other building requirements of the City of College Station; and that in the event of a new building, it has been built according to the permit issued. 3. The building inspector shall report to the City Manager any defects, conflicts, or violations of the zoning ordinances, building permits, or fire zone. 4, The City Manager shall determine if there are violations, and shall forthwith take the necessary action to abate, eliminate, or enjoin the necessary parties who are in violation of the ordi- nances, permits, or codes of the City of College Station. The City Manager shall report to the City Council such violations. 5. The salary or salaries to be paid to any said inspectors shall be determined by the City Manager, subject to approval of the City Council. 6. The inspector or inspectors herein named shall serve for 1 such term as may be fixed by the City Manager. 7. Any inspector or inspectors herein appointed shall make regular reports to the City Manager, file any complaints or any other pertinent information that may be required of them by the City Manager; and each inspector appointed hereunder is herein charged with the responsibility of carrying out all provisions of the zoning ordinances, permits issued, and any other ordinances affecting the duties of their respective offices. - 238 - Ordinance No. 250 - Page 2 Passed and approved this the 27th day of May, 1957. APPROVED: s/ Ernest Langford Mayor ATTEST: s/ N. M. McGinnis City Secretary - 239 - 1 ORDINANCE NO. 252 AN ORDINANCE PROHIBITING THE SALE, OFFERING FOR SALE, EXPLODING, STORING, OR HAVING POSSESSION OF COMBUSTIBLE FIREWORKS WITHOUT SPECIFIC AUTHORITY OF THE CITY COUNCIL, PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE, AND REPEALING ORDINANCE NO. 140. BE IT ORDAINED by the City Council of the City of College Station, Texas: Section I. It shall be unlawful for any person, firm, association or corporation to seJ1, offer for sale, explode, store or possess combustible fireworks within the corporate limits of the City of College Station, except as provided herein. Section II. The City Council, upon proper investigation may grant to any person, firm, association or corporation, the right to explode, store and have in their possession, combustible fireworks, to be used at public gatherings provided the exploding, storing and possession of same are supervised by proper authorities and provided further, that the City is not held in any way respon- sible for any negligence, accidents or damages as a result of the exploding, storing, or possession of combustible fireworks. Section III. Any person, firm, association or corporation that shall be found guilty of violating any portion of this ordinance shall be fined not less than ten (00.00) dollars nor more than one hundred (000.00) dollars. Section IV. Ordinance No. 140 is repealed with passage and approval of this ordinance. Section V. This ordinance shall be effective from and after passage and publication. Passed and approved this the 27th day of May, 1957. APPROVED: s/ Ernest Langford Mayor ATTEST: s/ N. M. McGinnis City Secretary - 240 - ORDINANCE NO. 256 AN ORDINANCE REZONING LOTS 34, 35, and 36, IN BLOCK 3, OAKWOCD ADDITION TO THE CITY OF COLLEGE STATION FROM DISTRICT NO. 1, FIRST DWELLING HOUSE DISTRICT TO PERMIT THE OPERATION OF A KINDERGARTEN. BE IT ORDAINED by the City Council of the City of College Station, Texas: WHEREAS, the City Zoning Commission, after consideration, has recommended the rezoning of Lots 34, 35, and 36, Block 3, Oakwood Addition to the City of College Station, Texas, to permit the owner thereof to operate a kindergarten for a yeriod of time not to exceed five years from September 1, 1957, with the right of the zoning commission to withdraw said permission in a shorter time if objections warrant reconsideration and a public hearing having been held in the City Hall on Monday, September 23, 1957, and there being no objection to the rezoning. It is hereby ordered that Lots 34, 35, and 36, Block 3, Oak- wood Addition be rezoned to permit the operation of a kindergarten as recommended. Passed and approved this the 23rd day of September, 1957. APPROVED: S/ Ernest Langford Mayor ATTEST: S/ N. M. McGinnis City Secretary - 241 - ORDINANCE NO. 257 AN ORDINANCE ZONING AREAS NEWLY INCORPORATED WITHIN THE CITY LIMITS BY ORDINANCES NO. 226 AND 231 AS DISTRICT NO. 1, FIRST DWELLING HOUSE DISTRICT. BE IT ORDAINED by the City Council of the City of College Station, Texas: WHEREAS, the City Zoning Commission has conducted a meeting relative to the zoning of areas newly incorporated in the city limits . by Ordinances No. 226 and 231, and have recommended that these areas be zoned to District No. 1, First Dwelling House District, permitting the owners thereof continued use of said land and facilities without interruption; Now, therefore, it is hereby ordered that the newly annexed areas as described be and they are hereby zoned to District No. 1, First Dwelling House District, with the present owners being permitted.con- tinued use of existing lands and facilities. Passed and approved this the 23rd day of September, 1957. APPROVED: S /Ernest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary c - 242 - 4 ORDINANCE NO. 261 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF PERMITS AND FOR THE COLLECTION OF FEES THEREFORE, REGULATING THE ERECTION, CONSTRUC- TION, ENLARGEMENT, REPAIR, REMOVAL, MOVING, DEMOLITION, CONVERSION, HEIGHT, AREA, AND MAINTENANCE OF BUITDING AND STRUCTURES IN THE CITY OF COLLEGE STATION; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, PROVIDING A SAVING CLAUSE, AND REPEALING ALL ORDINANCES AND AMEND- MENTS THERETO IN CONFLICT THEREWITH; AND MAKING IT A MISDEMEANOR FOR VIOLATION THEREOF WITH A FINE OF NOT LESS THAN TEN DOLLARS NOR MORE THAN TWO HUNDRED DOLLARS. BE IT ORDAINED by the City Council of the City of College Station, Texas: Section 1. The building inspector shall examine applications for permits within seven days after filing. If, after examination, he finds no objections to the same, and it appears that the proposed work will be in compliance with the laws, subdivision restrictions, and ordinances applicable, and the proposed construction for work will be safe, he shall approve such application, and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he shall reject such application, noting his findings in a written report to be attached to the application and deliver a copy to the applicant. Section 2. (a) No permit as required by the ordinances of the City of College Station shall be issued until the fees described in this ordinance shall have been paid. Nor shall an amendment to a permit be approved until an additional fee, if any, due to the in- crease in the estimated cost of a building or structure shall have been paid. (b) For a permit for the construction or alteration to a building or a structure, the fee shall be at the rate of two dol- lars per thousand dollars of the estimated cost, up to ten thousand dollars, plus one dollar and fifty cents per one thousand dollars of the estimated costs in excess of ten thousand dollars up to twenty - five thousand dollars, plus one dollar per thousand dollars of the estimated cost in excess of twenty -five thousand dollars, but not less than two dollars in any case, provided that no fee shall be re- quired when the estimated cost does not exceed fifty dollars. This ordinance shall not cover any maintenance costs and no permit shall be necessary for any such work. (c) For a permit for the removal of a building or structure from one lot to another, the fee shall be at the rate of two dollars per thousand dollars of the estimated value of the build- ing or structure in its completed condition after removal. (d) For a permit for the removal of a building or structure to a new location within the same lot, the fee shall be at the rate of one dollar per thousand dollars of the estimated costs of moving, new foundations and work necessary to put the building or structure in a usable condition in its new location. - 243 - Ordinance No. 261 - Page 2 (e) For a permit for the demolition of a building a.• or structure the fee shall be at the rate of one dollar for each ten feet in the height of the building or structure plus one per cent additional for each foot of street footage of the building or struc- ture in excess of fifty feet. (f) In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made and the portion of the fee for uncompleted work re- turned to the permit holder provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to the rev- ocation of permit, a similar adjustment and return may be made pro- vided that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such refund has been made no work shall be resumed until a new application has been made and a new permit has been issued. (g) The term "estimated cost ", as used in this section, means the reasonable value of all services, labor, materi- als or other appliances or devices entering into and necessary for the completion of the work ready for occupancy. Section 3. The building inspector as provided for in the or- dinances of the city shall make at least two inspections. The first inspection to be made when the work is commenced and another inspec- tion when the work has been completed to determine if said work is in violation of any of the ordinances or regulations applying thereto. Section 4. Any person or any contractor who shall violate a provision of this ordinance or fails to comply thereto or with any of the requirements thereof, or who shall erect, construct, alter or repair or has erected, constructed, altered or repaired a build- ing or structure in violation of a detailed statement or plan sub- mitted and approved thereunder or of a permit or a certificate issued thereunder shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars nor more than two hundred dollars, and each day that said violation exists shall constitute a separate offense. Passed and approved this the 24th day of March, 1958. APP ROVED : S /Ernest Langford Mayor ATTEST: S /N. M. McGinnis ... City Secretary - 244 - ORDINANCE NO. 263 AN ORDINANCE FIXING THE SCHEDULE OF UTILITY RATES; GOVERNING PAY- MENT OF BILLS; PROVIDING FOR DISCONNECTIONS AND RECONNECTIONS; AND REPEALING ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. BE IT ORDAINED by the City Council of the City of College Station, Texas: Section I. Schedule of Rates. The monthly rates to be charged consumers for public utility services -- namely, elec- tricity, water and /or sewerage connections - -shall be in accord- ance with the schedules as follows: (A) Rates for Electricity For domestic, commercial and /or industrial consumers using electricity within the corporate limits of the city: First 25 KWH .. 6¢ per KWH Next 75 KWH 310 per KWH Next 80 KWH 2 per KWH All over 180 KWH 2¢ per KWH Minimum monthly charge $1.00 fihr (B) Rates for Water For domestic, commercial and /or industrial consumers using water within the corporate limits of the city: First 2,000 gallons 500 per M Next 3,000 gallons 40¢ per M Next 10,000 gallons 35¢ per M Next 35,000 gallons 25¢ per M Excess of 50,000 gallons 200 per M Minimum monthly charge $1.00 (C) Rates for Sewerage Service 1. For consumers using sewerage services for house- hold purposes within the corporate limits of the city: Monthly charge per family X1.50 2. For consumers using sewerage services for apart- ment houses and rooming houses within the corpo- rate limits of the city: 1 water closet connection $1.00 Each additional water closet connec- tion w .50 - 245 - Ordinance No. 263 - Page 2 3. For consumers using sewerage services for comer- "... cial and /or industrial business establishments within the corporate limits of the city: First 7,000 gallons or fraction thereof of water used $$1.00 Each additional 7,000 gallons or fraction thereof of water used $ .50 Where it can be shown that any considerable part of the water used by commercial and /or industrial consumers does not reach the sewers, the city council may make such adjustments in their rates as shall be deemed just and equitable. Section II. Payment of Bills: (A) All charges due the city from consumers of public utilities services shall be based on bills rendered by the city to the consumer, and such bills shall be due and payable not later than the 15th day of the month next succeeding the month during which these services were rendered. (B) Bills which are not paid by the 15th day of the month in which they are due shall be subject to a penalty of ten percent (10%) of the total utility bill due for that period. Section III. Disconnections and reconnections: (A) All electric, water and sewerage connections shall be severed for any consumer of public utilities who fails to pay all or any part of his total bill for such services within 15 days after the same shall be due and payable as provided above. (B) When connections for public utilities services have been severed, the same shall be restored only when all amounts due the city shall have been paid in full, and an additional fee of $2.00 shall also have been paid to partially cover the expenses of the restoration for any or all services to be re- connected. Section IV. Any ordinance or portion thereof in con- flict with this ordinance is hereby repealed, and the pro- visions of this ordinance, in case of conflict, shall govern. If any portion of this ordinance shall be declared invalid, such declaration shall not affect the other portions thereof. r.. - 246 - Ordinance No. 263 - Page 3 Passed, approved and ordered published this the 28th day of err April, 1958. APPROVED: S /Ernest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary - 247 - ORDINANCE NO. 266 • AN ORDINANCE AMENDING ORDINANCE NO. 116 REGULATING THE RATE FOR SANITARY SEWER CONNECTION FFF. BE IT ORDAINED by the City Council of the City of College Station, Texas: 1. Ordinance No. 116, providing for payment for the ex- tension of water mains and sanitary sewer mains, fixing the fee for connections to water and sewer mains. (a) Changing Section 2 to read as follows: SECTION 2. Rate for Connections. The City of College Station, Texas, will upon written appli- cation and payment of the following connection fees furnish all labor, material and equipment necessary to connect and maintain all water and sanitary sewer service lines from the city's water and sanitary sewer mains to the property line of the applicant. Water connection fee $50.00 Sanitary sewer connection fee 40.00 All material and equipment used in making any utility connection remains the property of the City of College Station, Texas. Passed and approved this the 26th day of May, 1958. APPROVED: S /Ernest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary c - 248 - ORDINANCE NO. 271 AN ORDINANCE PROVIDING FOR THE ZONING OF THE FOLLOWING DESCRIBED AREA TO "INDUSTRIAL ZONE ": BEGINNING at the most southerly corner of the present city limits of the City of College Station, Texas; this corner also being located at the intersection of the northeast right -of -way line of the Southern Pacific Railroad (T & N 0 Division) with the extension of the northwest line of the Waldo Walker tract of land; THENCE, S 45 W at 52 feet intersect the center line of the said Southern Pacific Railroad, at 1062 feet intersect the center line of the I & G N Railroad (Mo. Pac.) and at 114 feet intersect the southwest right -of -way line of the said I & G N Railroad; THENCE, in a northwesterly direction along the southwest right -of -way line of the I & G N Railroad a distance of 5286 feet to the intersection of the said Rail- road right -of -way line with the northeast line, or extension of the northeast line, of an A & M College road, known as the Farm Center Road; THENCE, in a northeasterly direction along the present city limits a distance of 375.6 feet to the north- east right -of -way of the Southern Pacific Railroad; THENCE, in a southeasterly direction along the northeast right -of -way line of the Southern Pacific Railroad a distance of 4999 feet to the point of beginning; AND FURTHER PROVIDING FOR THE ELIMINATION OF POWER REQUIREMENTS, AS SET OUT IN ORDINANCE NO. 38: BE IT ORDAINED by the City Council of the City of College Station, Texas: THAT WHEREAS, the City Zoning Commission, after consid- eration, has recommended that all that certain area of land described herein be zoned as "Industrial Zone "; and WHEREAS, the City has ordered and has held a public hearing, after due publication, as required; and WHEREAS, the City Council has unanimously passed said ordinance, zoning said areas for the following purposes: Gasoline storage and bulk stations, lumber and material yards, shops for custom work or the manufacture of articles to be sold at wholesale or retail, warehouse and storage depots. Any of said building to be of corrugated sheet iron, masonry or wood construction; provided that the use is not noxious or offensive by reason of gas, odors, dust or smoke to the established res- idential area; and further providing that the power requirements in the old ordinance be eliminated; IT IS FURTHER ORDAINED that all other provisions of said Ordinance No. 38 and the amendments thereto, are adopted and made a part of this Ordinance, and all penalties and other provisions contained therein are here now included and adopted. - 249 - Ordinance No. 271 -Page 2 PASSED AND APPROVED on this the 20th day of October, A.D. APP ROVED : S /Ernest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary • - 250 - ORDINANCE NO. 274 AN ORDINANCE RELATING TO SPEED ZONES WHICH SPECIFICATJY DESIGNATES ADDITIONAL AREAS, ON STATE HIGHWAY 6, IN THE CITY OF COLLEGE STATION, IN WHICH RATES OF SPEEn OF THIRTY (30) MILES PER HOUR OR MORE ARE AUTHORIZED, RESCINDING ALL ORDINANCES IN CONFLICT HEREWITH, AND DE- CLARING THAT ATTENDANT FACTS NECESSITATE IMMEDIATE ACTION. BE IT ORDAINED BY THE CITY OF COLLEGE STATION: SECTION I. That any and all ordinances or parts of ordinances relating to speed zones on State Highway 6, in the City of College Station, are hereby rescinded, and the following are additional specifically designated areas on State Highway 6, in which a rate of speed of thirty (30) miles per hour or more is authorized: (a) State Highway 6, for traffic moving in both directions; for the first 0.80 mile from the North City Limit, the speed limit shall be forty -five (45) miles per hour. For the next 0.40 mile, the speed limit shall be fifty (50) miles per hour. For the next 0.50 mile to the South City Limit, the speed limit shall be sixty (60) miles per hour. SECTION II. WHEREAS, the preservation of the general welfare of the public necessitates immediate action, this ordinance shall be effective from and after the date of its passage as provided by the Charter of the City of College Station. Passed and approved this the 26th day of January, 1959. APP ROVED : S/Ernest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary - 252 - • ORDINANCE NO. 275 AN ORDINANCE ESTABLISHING ONE -HOUR PARKING UPON BOTH SIDES OF TAUBER AND LODGE STREETS BETWEEN FARM -TO- MARKET ROAD 60 AND CHURCH STREET IN THE CITY OF COLLEGE STATION, PROVIDING A PEN- ALTY FOR VIOLATION THEREOF. BE IT ORDAINED by the City Council of the City of College Station, that pursuant to authority under the charter of the city and the statutes of the State of Texas, the following re- gulations concerning parking on both sides of Tauber and Lodge Streets between Farm -to- Market Road 60 and Church Street are hereby fixed: In the best interest of public safety, movement of traffic and for the general good of the public, the following parking areas are established: A. One -hour parking on both sides of Tauber Street between Farm -to- Market Road 60 and Church Street. B. One -hour parking on both sides of Lodge Street between Farm -to- Market Road 60 and Church Street. It is therefore ordered and ordained that such parking areas be established and that appropriate signs be erected and that the proper authorities, after the due passing of this ordinance and erection of said signs, be instructed to enforce said ordinance, and that anyone violating said parking limits be found guilty of a misdemeanor. Passed and approved this the 26th day of January, 1959. APPROVED: S /Ernest Langford Mayor ATTEST: S /N. M. McGinnis City Secretary - 253 -