HomeMy WebLinkAbout08614 ORD - 09/27/19672/21/67
AN ORDINANCE
AMENDING SECTION 26 -11 OF THE CORPUS CHRISTI CITY CODE,
1958, SO AS TO PROVIDE STANDARDS FOR DECISION OF THE
CITY SOLICITATIONS COMMISSION; AMENDING SECTION 26 -12
OF THE CITY CODE, SO AS TO CLARIFY THE SOLICITING OF
FUNDS FOR CHURCH IMPROVEMENTS; AMENDING SECTION 26 -13
OF THE CITY CODE, 1958, BY ADDING PROVISION REQUIRING
HEALTH AND WELFARE AGENCIES WHICH ARE AFFILIATES OF
NATIONAL ORGANIZATIONS TO SHOW THAT APPLICANT WILL
MAINTAIN AN ADEQUATE ACCOUNTING SYSTEM RELATIVE TO THE
SOLICITATIONS FOR WHICH PERMIT IS REQUESTED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT SECTION 26 -11 OF THE CORPUS CHRISTI CITY CODE,
1958, BE, AND THE SAME IS HEREBY, AMENDED BY ADDING THE FOLLOWING PARAGRAPH:
"THE STANDARDS FOR DECISION IN GRANTING OR DENYING APPLICATIONS
FOR CHARITABLE SOLICITATION PERMITS BY THE SOLICITATION COMMISSION AND BY
THE CITY COUNCIL ON APPEAL SHALL BE THAT THE APPLICATION SHALL BE GRANTED
UPON THE FINDING OF THE EXISTENCE OF THE FOLLOWING FACTS:
(1) THAT ALL OF THE STATEMENTS MADE IN THE APPLICATION
ARE TRUE;
(2) THAT THE APPLICANT HAS A GOOD CHARACTER AND REPUTATION
FOR HONESTY AND INTEGRITY, OR IF THE APPLICANT IS NOT
AN INDIVIDUAL PERSON, THAT EVERY MEMBER, MANAGING
OFFICER OR AGENT OF THE APPLICANT HAS A GOOD CHARACTER
OR REPUTATION FOR HONESTY AND INTEGRITY;
(3) THAT THE CONTROL AND SUPERVISION OF THE SOLICITATION
,1 WILL BE UNDER RESPONSIBLE AND RELIABLE PERSONS;
(4) THAT THE APPLICANT HAS NOT ENGAGED IN ANY FRAUDULENT
'TRANSACTION OR ENTERPRISE;
(5) THAT THE SOLICITATION WILL NOT BE A FRAUD ON THE PUBLIC;
_ (6) THAT THE SOLICITATION IS PROMPTED SOLELY BY A DESIRE TO
• FINANCE THE CHARITABLE CAUSE DESCRIBED IN THE APPLICA-
TION, AND WILL NOT BE CONDUCTED PRIMARILY FOR PRIVATE
1 PROFIT;
+ (7) THAT THE COST OF RAISING THE FUNDS WILL BE REASONABLE.
ANY SUCH COST IN EXCESS OF 20% OF THE AMOUNT COLLECTED
SHALL BE CONSIDERED TO BE UNREASONABLE UNLESS SPECIAL
FACTS ARE PRESENTED SHOWING THAT PECULIAR REASONS MAKE
A COST HIGHER THAN 20% REASONABLE IN THE PARTICULAR CASE.
(8) THAT DURING ANY PREVIOUS SOLICITATION OF THE SAME APPLI-
CANT ALL THE REPRESENTATIONS OF THE APPLICANT AND THE
CONDITIONS OF THE SOLICITATIONS COMMISSION WERE CARRIED
8614 /
OUT WITH THE TERMS OF THE PERMIT AND PROPER ACCOUNTING
MADE TO THE SATISFACTION OF THE SOLICITATIONS COMMISSION
OR THE CITY COUNCIL AS THE CASE MAY BE.
(9) THAT THERE WILL NOT BE ANY PRESSURE APPLIED TO PROSPEC-
TIVE CONTRIBUTORS BY THREAT OF POLITICAL OR SOCIAL
REPERCUSSIONS, PUBLICATION OF UNFAVORABLE NEWS ITEMS
OR THREAT OF PUBLIC RIDICULE.
F (10) THAT THE APPLICANT HAS FURNISHED SUCH EVIDENCE TO THE
COMMISSION AS THE COMMISSION MAY REQUIRE, SHOWING A
NEED FOR THE RAISING OF FUNDS FOR THE CHARITABLE PURPOSE
STATED IN THE APPLICATION.
(11) THAT NO OTHER SOLICITATION FOR FUNDS HAS BEEN CONDUCTED
DURING THE ELEVEN (11) MONTHS PRIOR TO FILING OF APPLICA-
TION OR THAT IN THE EVENT ANY SOLICITATIONS HAS BEEN CON-
DUCTED DURING THE ELEVEN MONTHS, THE FURTHER SHOWING THAT
THE EXISTENCE OF SUCH SPECIAL CIRCUMSTANCES EXIST AT,THE
TIME OF THIS APPLICATION AS THE COMMISSION FINDS SUFFICIENT
TO JUSTIFY THE CURRENT SOLICITATION."
SECTION 2. THAT SECTION 26 -12 OF THE CORPUS CHRISTI CITY CODE
1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY ADDING TO THE FIRST
PARAGRAPH OF SAID SECTION 26 -12 THE FOLLOWING SENTENCE:
"SOLICITATION OF FUNDS ON BEHALF OF ANY CHURCH ORGANIZATION FOR
USE FOR CAPITAL IMPROVEMENTS SHALL BE PERMITTED ONLY AMONG THE MEMBERSHIP
OF THE CHURCH AND THEIR IMMEDIATE FAMILIESI AND FOR SUCH SOLICITATION NO
PERMIT SHALL BE REQUIRED."
SECTION 3. THAT SECTION 26 -13 OF THE CORPUS CHRISTI CITY CODE,
1958, AS AMENDED BE AND THE SAME 15 HEREBY AMENDED BY ADDING TO SAID
SECTION 26 -13 ANOTHER SUBPARAGRAPH, NUMBERED 8, READING AS FOLLOWS:
"8.. ALL APPLICATIONS SHALL SHOW THAT APPLICANT WILL MAINTAIN A
SYSTEM OF ACCOUNTING PERTAINING TO ALL RECEIPTS AND DISBURSEMENTS RELAT-
ING TO THE SOLICITATION FOR WHICH A PERMIT IS APPLIED, IN ACCORDANCE '
WITH THE FINANCIAL STATEMENT FORM ATTACHED HERETO AND MADE A PART HEREOF."
I
FINANCIAL STATEMENT
TO CITY SOLICITATIONS COMMISSION:
RECEIPTS:
Receipts from this drive . . . . . . . . . . . . . . . . . . . . . . $
DISBURSEMENTS:
Campaign Expenses, viz:
Educational . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' $
Staff expense (prorated if a national organization) . . . . . . . . . . . $
Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Paid Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Postage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Other expense incident to fund raising (give details) . . . . . . . . . . $
TOTAL EXPENSES $
NET RECEIPTS $
AMOUNT REMITTED TO PARENT ORGANIZATION . . . . . . . . . . . $
NET RETAINED BY LOCAL ORGANIZATION . . . . . . . . . . . . . . . $
DATE PERMIT WAS ISSUED _
NAME OF ORGANIZATION
TYPE OF SOLICITATION
PERSON MAKING REPORT
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, thaundersigned authority, on this day personally appeared
, and who after being duly sworn by me deposes and
states that the foregoing facts are true and correct.
SWORN TO AND SUBSCRIBED before me, this day of 19_
( S E A L ) Notary Public in and for Nueces County, Texas
S
THAT THE FOREGOING ORDINANCE WAS ItApj FOR THE Fl T IME D
PASSFD_TO ITS SECOND READING ON THIS THE DAY OF ,
19 / , BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND fro ME AND /PASSED
TO ITS THIRD READING ON THIS THE J24...... DAY OF / / /fir , 19 p17 ,
BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON�Q
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE r(„(
THAT THE FORD�pO G ORDINANCE W A THE THIRD /T E AND PASSED
FINALLY ON THIS THE DAY OF , 19 , BY THE
FOLLOWING VOTE: ''�''�--f'� /7
JACK BLACKMON
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
u%. I .,__...._
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PASSED AND APPROVED, THIS THE DAY OF
ATTEST:
CI /Y SECRE ARY
APPROVED AS TO LE 41— FORM 2S
^7 DAY OF 19:
CITY ATT6`RNEY
, 19Q.
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THE CITY OF CORPUS CHRISTI, TEXAS
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PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, �ss:
County of Nueces.r
Before me, the undersigned, a Notary Public, this day personally came ... .................... ...........
Ise -� rid, -G� ,B ernes __• .... ... ......... ......•_. -- who being first duly sworn, according to law, says that he is the
Q7. ass. iEiesl-. .�dmexti- sinp_.Tti8nageI!.. -... of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
LEGAIRT tice._of- _Passage-- _of._Ordinance ... No_,861Z} -- Cpl@ ��_ _...�Gt,� 26.- 11of _th_e___C_. C
Code=-- spliciting of funds for church improv --
of which the annexed is a true copy, was published in ........ ............................The Times
on the....2 - -. -. day of ......... Dctoh.er ............ 19... 67 M$ 6$ ....................... jwwmmKz= ..................... _...
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Subscribed and sworn to before me this .......... 16......- ay of .............._QCtob er ................ 19.h.7
Louise Vick
Notary Public, Nueces County, exas