01-06-1912 (City Council) Minutes Wylie,Texas
January 6th 1912
The City Council of the Town of Wylie met in regular session at First State Bank.
The minutes of previous meeting were read and approved.
Our motion & second Mayor Baskell was authority to appoint Mr. EW Jordan to look after the Sanitary
Park.
It was agreed that the council was not satisfied with services (rendered of lately) of Mr. D& P Harvery as
Marshall. The was instructed to make a list of the marshal duties and hand in the same to Mr.
Harvery a copy of which is here attached
Next was the passing of fire ordinance a copy of which is here attached.
Mr. WF Duncan was appointed fire marshal with a salary of$1.00 per month.
No other business the meeting closed.
a'v' 4e ,Texas,I/9/I2
Mr,H.P.Howery,
Wylie,Texas .
Dear Sir:
The following powers and duties are prescribed by the
Revised Civil & Criminal Ordinances of the town of Wylie ,Texas
for the City I'arshal and unless the same are complied with under
the law we will not be allowed to pay your salary .
I .The marshal shal be ex-officio sergeny-at-arms of the tow io,-
councii,and shaleither by person or deputy,attend all of its
•meeting^ .upon the request of the mayor he shul notify each ald r
man, secretary and town attor:iey, ot the time and subject of the
call meetings pf the council.
2.1t shal be the dyty of the town marshal to execute all
processes forthwith and make due returns on same.
3. The marshal shal be active in quelling riots, disordrers
and disturbances of the peace within the corporate limits of
"'vlie, Texas.
4 .Attendance upon the meetings,Yhe marshal or his deputy silt
shal attend upon the corporation court while in session, shai
preserve order there in, and shal properly and faithfully execut
all writs and processes issued from said court .
5 .The marshal shal make a report to the council at thei first
regular meeting showing all cases tried before the recorder?s
court since the day of the last report upon which judgment has
been rendered , read powers and duties of the city marshal on pag
I0 civil & Criminal ordinances of Wylie,Te; as .
6. we futher request that you familiarize your self in the
laws and ordinances for the goverment of the town, and shall
at all times be vigilant and active in causing them to be enforc
throughout the limits of thecorporatian.
?.ThT marshall of the town shall be ex-officio cheif of pol
ice and may appoint one or more deputies shall only be valid upo
the approval of the councill,but such deputy shall receive no
compe8sation of the town.
8. examination of slues . it shall be the duty of the town
marshall of any and all flues that he may have cause ti think
do not come under the reouirements set forth in this ordinance .
read Sec. 2 page 48 civ Ac Criminalstatutes of "Wylie?
9 .Read stock law. Ordinance I9 .page 49 .civ P CrimOrof Wylie
10 . Read Sec.3 page 53 .Civ Crim . Or.of Wylie.
II .Hauling away trash & Cans . on account of the dangerous
disease known as Mixiigitis abroad in the country. We espicialiy
request that you carry out the following ordinance at once:
It shall be the duty of the town marshall to haul away the rubbi
trash,peices of boxes,papers, tin boxes ca ''', bot les, offal and o
other refuse of every, desciption Sec.2 page .80 pf Civ & Crim.Or.
proy desthat w •hen said marsYfallt fails torene ro T the same when
orderer.. by lt?i :'street committee `he;,shal•l be fined in any some
not let's than one nor more th' �' ten,Jb,llare .
Makes.: the corporation tax `shall be„ assesed and collec;:eu
t,y the tfi�'rshall� and if` the same' a notV yoltintarilY` pain he shal
have* the. •power to make eo'11t:Ctioii in the 4113.nn'br and with like, e,;.
feet as •ils '; rescrited'in C apter •6 of- titl'eN T S 'o•t- th4 revised 8
Statutes of texas applying to cities : Towns.
The marshallk,receive for, his services as tax asseso_t god colic
ctor 3% of _a21 taxes asseseu 4% of all taxes Co lecteu
"ou xxxx have Many other powers anc; duties required or you
in the Civ Or .of the 'to*n of Wylie Teas,And yo:, may
see a copy uy applying to the rayor. _
done by order Of the town coneil _of the 'town of Wylie , at
Its regular meeting on the 9th 1ay, •Jari'. I912.
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u:iiaEr • j 923-711-3m
(ADVISORY)
A Fire Marshal Ordinance
Issued by STATE INSURANCE BOARD, AUSTIN, TEXAS
AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHAL, PRESCRIBING THE DITTIES THEREOF,
PROVIDING FOR ITS MAINTENANCE, AND PRESCRIBING �ENALTIE' FOR VIOLATIONS.
Be it ordained by the Commission or Council ofthe of1/`.. v//
City City
SECTION 1. The office of Fire Marshal is herebycreated. Such tf •e shall be independent of other city depart-
ments, pe
ments, the Fire Marshal reporting directly to the Mayor and City Commission or Council. Such office shall be
filled by appointment by the Mayor, by and with the consent of the City Commission or Council within
days after this ordinance shall take effect. The said Fire Marshal shall he proportv.qualified for-the duties of his office
and shall be removed only for cause. He shall receive an annual salary of LI/-U '~
dollars, payable in monthly installments, as full compensation for his services. _
SEC. 2yv;Cho Fire Marshal shall investigate the cause, origin and circumstances of every fire occurring within the city
of by which property has been destroyed or damaged, and shall especially make investi-
gation as to w,lietber such fire was the result of carelessness 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 occurring within the city, 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. Such record shall
at all times be open to public inspection.
SEC. 3. The Fire Marshal, when in his opinion further investigation 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 as to which an examination is herein required to be made, 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 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 information obtained by him,
including a copy of all pertinent and material testimony taken in the case.
SEC. 4. The Fire Marshal shall have the power to summon and compel the attendance of 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 affirmations to any persons appearing as witnesses before him, and
false swearing in any matter or proceeding aforesaid shall be perjury and shall be punished as such. Any witness who
refuses to be sworn, or who refuses to testify, or who disobeys any lawful order of said Fire Marshal, or who fails or
refuses to produce any book, paper or document touching any matter under examination, or who is guilty of any con-
temptuous conduct after being summoned to give testimony in relation to any matter under investigation as aforesaid,
shall he deemed guilty of a misdemeanor and it shall be the duty of the Fire Marshal to make complaint against said
person or persons so refusing to comply with the summons or order of said Fire Marshal before any justice of the peace,
police magistrate, or in any court of record within the city, and upon the filing of such complaint, such cause shall pro-
ceed in the same manner as other criminal cases, and upon conviction any such person guilty of a violation of the pro-
visions of this ordinance shall lie fined in a sum not exceeding twenty-five dollars ($25.00). Provided, however, that
any person so convicted shall have the right of appeal. All investigations held by or ender the direction of the Fire
Marshal may, in his discretion, lie private, and persons other than those required to be present may he 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.
SEC. 5. The Fire Marshal shall have the authority at all times of day or night, 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.
SEo. 6. 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 l:e his duty, quarterly or more often, to enter upon and
make, or cause to be entered upon and made, a thorough examination of all mercantile, manufacturing and public build-
ings, 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 appli-
ances of any kind whatsoever, including chimneys, flues and pipes with which the same may be connected, or a danger-
ous arrangement of lighting devices or systems, or a dangerous or unlawful storage of explosives, compounds, petroleum,
gasolene, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable and refuse materials, or other
conditions which, in his opinion, may be dangerous in chareeter or liable to cause or promote fire or create conditions
dangerous to the firemen or occupants, he shall order the same to be removed or remedied, and-such order shall be forth-
with complied with by the owner or occupant of said building or premises: Provided, however, that if the said owner
or occupant deems himself aggrieved by such order, he may, within five (5) days, appeal to the Mayor who shall investi-
gate 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. Any owner or occupant of buildings or premises failing to
comply with the orders of the authorities above specified shall be punished by a fine of not less than ten dollars ($10.00)
or more than fifty dollars ($50.001 for each dav's neglect; such penalty to be sued for in the name of the city, upon
the complaint of the Fire Marshal, before any justice of the peace or court of record within the city, with right of
appeal, and such penalty when recovered shall be paid into the general fund of the city.
SEC. 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Sac. 8. Whereas public safety demands the immediate passage of this ordinance, creating the office of Fire Mar-
shal and empowering the said officer to discharge the duties herein set out, therefore an emergency exists demanding a
suspension of the rules requiring ordinances to be read three several days, said rule is hereby suspended and this ordinance
is placed on its first reading and fi al passage, a shall be effective and in full force from and after its passage and
approval.
Approved this. --" ...... .........."'�-.---day of 19/
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j q r �'`•'
// -... /� M/ Mayor.
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City Secretary.