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HomeMy WebLinkAbout08075 ORD - 06/29/19666/29/66:vMP TEXAS: AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 26 -5 SO AS TO PROVIDE FOR ISSUANCE OF PERMIT BY THE SUPERVISOR OF THE COLLECTION SECTION OF THE FINANCE DEPARTMENT OF THE CITY UPON VERIFICATION BY THE CITY SECRETARY THAT ALL REQUIREMENTS HAVE BEEN MET BY THE APPLICANT FOR SOLICITOR'S LICENSE; AMENDING SECTION 26 -6 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO PROVIDE FOR SUSPENSION AND REVOCATION OF SOLICITOR'S LICENSE UNDER CERTAIN CONDITIONS, AND PROVIDING FOR APPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THAT SECTION 26 -5 OF THE CORPUS CHRISTI CITY CODE, 1958, BE, AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 26 -5. SAME -- ISSUANCE; FEE. UPON A FINDING THAT THE FACTS STATED IN THE APPLICATION FOR A PERMIT UNDER THIS ARTICLE ARE TRUE AND ARE SUFFICIENT IN SUBSTANCE TO MEET THE REQUIREMENTS OF THIS ARTICLE, THE CITY SECRETARY SHALL NOTE THE SAME ON THE :APPLICATION AND DELIVER THE SAME TO THE SUPERVISOR OF THE COLLECTION SECTION OF THE FINANCE DEPARTMENT OF THE CITY, DIRECTING SAID SUPERVISOR OF THE COLLECTION SECTION TO GRANT A SOLICITOR'S PERMIT TO THE APPLICANT. EACH PERSON ENGAGED IN SOLICITING AS SET OUT IN THIS ARTICLE SHALL BE REQUIRED TO OBTAIN A PERMIT. THERE SHALL BE CHARGED FOR EACH SUCH PERMIT THE SUM OF $5.00 WHICH SHALL BE PAID TO THE SAID SUPERVISOR OF THE COLLECTION SECTION AT THE TIME OF THE ISSUANCE OF THE PERMIT. THE AMOUNT CHARGED FOR THE PERMIT SHALL BE USED TO DEFRAY THE EXPENSES INCURRED REQUISITE TO THE ISSUING OF THE SAME." SECTION 2. THAT THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY AMENDING SECTION 26 -6 TO HEREAFTER READ AS FOLLOWS: "SECTION 26 -6. SAME -- DATING AND SIGNING; DURATION; SUSPENSION, REVOCATION AND APPEAL. THE PERMIT REQUIRED BY SECTION 26 -2 OF THIS CODE AND MENTIONED IN THE PRECEDING SECTION SHALL BE DATED AND SIGNED BY THE SUPERVISOR OF J VI BJW: THE COLLECTION SECTION OF THE DEPARTMENT OF FINANCE OF THE CITY AND SHALL BE VALID DURING THE TERM SPECIFIED NOT TO EXCEED ONE YEAR FROM THE DATE OF ISSUANCE, SUBJECT TO SUSPENSION, HOWEVER, AS HEREINAFTER PROVIDED. ANY SUCH SOLICITORS LICENSE MAY BE SUSPENDED OR REVOKED BY THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI FOR VIOLATION OF ANY ORDINANCE OF THE CITY, ANY STATUTE OF THE STATE OR BY RECEIPT OF SAID CITY SECRETARY OF COMPLAINTS VERIFIED BY RELIABLE PERSON OR PERSONS CONCERNING FALSE ADVERTISING OR REPRESENTATIONS BY SUCH SOLICITOR. EVERY SUSPENSION OR REVOCATION OF THE PERMIT SHALL BE IN WRITING AND STATE THE REASON FOR SUCH SUSPENSION OR REVOCATION AND BE DATED. A NOTICE IN WRITING SHALL IMMEDIATELY BE SENT BY THE CITY SECRETARY TO THE HOLDER OF SUCH PERMIT TO THE ADDRESS SHOWN ON SUCH PERMIT. SUCH ORDER OF SUSPENSION OR REVOCATION SHALL BE EFFECTIVE AS OF THE TIME OF SENDING SUCH NOTICE; PROVIDED, HOWEVER, THAT THE PERSON WHOSE LICENSE HAS BEEN SUSPENDED OR REVOKED MAY WITHIN FIVE DAYS AFTER SENDING OF SUCH NOTICES APPEAL TO THE CITY COUNCIL FOR REINSTATEMENT, BY A REQUEST IN WRITING FOR SUCH RELIEF DIRECTED TO THE MAYOR AND CITY COUNCIL. THE CITY COUNCIL MAY GIVE THE PERSON SO APPEALING A HEARING WITHIN SEVEN (7) DAYS AFTER RECEIPT OF SUCH REQUEST AND UPON HEARING, OR RECESS THEREOF OR WITHOUT HEARING, SHALL EITHER SUSTAIN OR REVERSE THE ORDER OF THE CITY SECRETARY. THE ACTION OF THE CITY COUNCIL SHALL BE FINAL AND ANY DETERMINATION BY IT THAT THE PERMITTEE HAS VIOLATED ANY ORDINANCE OF THE CITY OF SOME STATUTE OF THE STATE OF TEXAS OR HAS MADE FALSE ADVERTISING OR REPRESENTATIONS SHALL BE CONCLUSIVE REGARDLESS OF ANY ACTION OR LACK OF ACTION IN ANY COURT. IF NO APPEAL IS TAKEN TO THE CITY COUNCIL WITHIN THE TIME AND BY THE METHOD HEREBY PROVIDED, THEN THE ORDER OF SUSPENSION OR REVOCATION BY THE CITY SECRETARY SHALL BE FINAL." + SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPHS SUBDIVISION, CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 3. THIS ORDINANCE SHALL TAKE EFFECT AND SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE AND PUBLICATION. -2 1\ I J SECTION 4. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. ' , SECTION 5. THE FACT THAT THE CITIZENS OF THE CITY OF CORPUS CHRISTI HAVE BEEN HARASSED BY PERSONS SOLICITING ADVERTISEMENTS AND SUB- SCRIPTIONS, AND THAT MANY PERSONS ENGAGING IN SUCH ACTIVITY SO CONDUCT' THEMSELVES AS TO BE A NUISANCE, AND THE FACT THAT IT IS NECESSARY THAT SOME PROVISION BE MADE FOR SUSPENSION, REVOCATION AND APPEAL OF SOLICITOR'S LICENSE IN ORDER TO PROTECT THE CITIZENS FROM THE AFORESAID CONDITIONS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE t BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AN P BLICATION, IT IS ACCORDINGLY SO ORDAINED THIS THE �DAY of , 1966. ATTEST: f n MAYOR L THE CITY OF CORPUS CHRISTI;' TEXAS CITY SE RETA Y APPROVED AS TO LEGAL FORM THIS /DAY OF �Tr�.✓o , 1966: �. 74-d� CITY ATTORNEY (Arse) .tea. — u — .a AK uM ak t, . A .f r' 1\ CORPUS CHRISTI, TEXAS DAY OF , 19&i. TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON - PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE