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Home My WebLink About09884 ORD - 08/12/1970JKIi: JKH:O: IU- fU AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED; PARTICULARLY AMENDING CHAPTER 26, ARTICLE 111, ITINERANT VENDORS; PROVIDING PUBLICATION; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTION 26 -23, DEFINITIONS, OF CHAPTER 26, ARTICLE III, ITINERANT VENDORS, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: "SECTION 26 -23. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES, WHEN USED IN THIS ARTICLE, SHALL HAVE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM IN THIS SECTION: 'ITINERANT VENDORS'. THE TERM 'ITINERANT VENDORS' MEANS AND INCLUDES AND SHALL BE CONSTRUED TO MEAN AND INCLUDE ALL PERSONS, AS WELL AS THEIR AGENTS AND EMPLOYEES, WHO ENGAGE IN TRANSIENT BUSINESS IN THE CITY OF SELLING OR OFFERING FOR SALE ANY BUILDING CONSTRUCTION, REMODELING OR REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO ROOFING, FLOORLAYING; GLAZING, SIDING, SHEETROCKING, SHINGLING, BRICKLAYING, CARPETING, TREE TRIMMING OR REMOVAL, WHEN SUCH WORK IS OBTAINED BY CON- TRACT DERIVED FROM ANY FORM OF GENERAL SOLICITATION OR PUBLIC ADVERTISE- MENT BY MEANS OF TELEPHONING FROM DIRECTORIES OR LISTS, DIRECT MAIL CAMPAIGNS, DOOR -TO -DOOR, STREET, OR PUBLIC PLACE CANVASSING, HANDBILL DISTRIBUTION, NEWSPAPER ADVERTISING, OR SIMILAR MEANS, AND THE SELLING OR OFFERING FOR SALE ANY GOODS OR MERCHANDISE 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 CONDUCT- ING SUCH EXHIBITS THEREOF, USE TRUCKS PARKED UPON THE STREETS OR VACANT LOTS OF THE CITY OR USE THE VACANT LOTS IN THE CITY, OR WHO EITHER HIRE, RENT, LEASE OR OCCUPY ANY ROOM OR SPACE IN ANY BUILDING, STRUCTURE OR OTHER ENCLOSURE IN THE CITY 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 SALETHEREOF. 'TRANSIENT'. THE WORD 'TRANSIENT' MEANS AND SHALL BE CONSTRUED TO-MEAN ANY BUSINESS OF ANY ITINERANT VENDOR AS MAY BE OPERATED OR CON- DUCTED BY PERSONS OR BY THEIR AGENTS OR EMPLOYEES, WHO RESIDE AWAY FROM THE CITY, OR WHO HAVE FIXED PLACES OF BUSINESS IN PLACES OTHER THAN THE CITY, OR WHO HAVE THEIR HEADQUARTERS IN PLACES OTHER THAN THE CITY, OR WHO MOVE STOCKS OF GOODS OR MERCHANDISE, OR SAMPLES THEREOF, INTO THE CITY WITH THE PURPOSE OR INTENTION OF REMOVING THEM, OR THE UNSOLD PORTION THEREOF, AWAY FROM THE CITY BEFORE THE EXPIRATION OF THIRTY DAYS AFTER BEGINNING OPERATIONS IN THE CITY." SECTION 2. THAT SECTION 26 -242 PERMIT - REQUIRED, OF CHAPTER 26, ARTICLE III, ITINERANT VENDORS, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND � THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: "SECTION 26 -24. PERMIT - REQUIRED. IT SHALL 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 THEREOF, ANY BUILDING, CONSTRUCTION, REMODELING, OR REPAIR SERVICES, AS DEFINED IN SECTION 26 -23 HEREOF, ANY GOODS OR MERCHANDISE IN THE CITY, WITHOUT FIRST OBTAINING A PERMIT AS PROVIDED FOR IN THIS ARTICLE." SECTION 3. THAT SECTION 26-251 SAME - APPLICATION; INFORMATION TO ACCOMPANY, OF CHAPTER 26, ARTICLE 111, ITINERANT VENDORS, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: "SECTION 26 -25. SAME - APPLICATION; INFORMATION TO ACCOMPANY. THE ITINERANT VENDOR SHALL MAKE APPLICATION FOR A PERMIT TO THE ASSESSOR AND COLLECTOR OF TAXES PRIOR TO THE DATE OF HIS CONTEMPLATED SALE OR EXHIBIT TO BE HELD IN THE CITY, WHICH APPLICATION SHALL BE IN THE FORM OF AN AFFIDAVIT, STATING THE FULL NAME AND ADDRESS OF THE ITINERANT VENDOR, THE LOCATON OF HIS PRINCIPAL OFFICE AND PLACE OF BUSINESS, THE NAMES AND ADDRESSES OF ITS OFFICERS, IF SUCH ITINERANT VENDOR IS A CORPORATION, AND THE PARTNERSHIP NAME AND THE NAMES AND ADDRESSES OF ALL PARTNERS, IF SUCH ITINERANT IS A FIRM. -2- BEFORE A PERMIT SHALL BE ISSUED THE APPLICATION THEREFOR MUST BE ACCOMPANIED BY: I. A STATEMENT SHOWING THE KIND AND CHARACTER OF THE SERVICES, GOODS OR MERCHANDISE TO BE SOLD, OFFERED FOR SALE OR EXHIBITED. 2. A CERTIFIED COPY OF THE CHARTER, IF THE ITINERANT VENDOR I$ A CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE. 3. A CERTIFIED COPY OF ITS PERMIT TO DO BUSINESS IN'TEXAS IF THE ITINERANT VENDOR IS A CORPORATION INCORPORATED UNDER THE LAWS OF SOME OTHER STATE THAN TEXAS." SECTION 4. THAT SECTION 26 -26, SAME - ISSUANCE; FEE, OF CHAPTER 26, ARTICLE 111, ITINERANT VENDORS, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED-TO HEREAFTER READ AS FOLLOWS: "SECTION 26-26. SAME - ISSUANCE; FEE. THE ASSESSOR AND COLLECTOR OF TAXES OF THE CITY SHALL ISSUE TO ANY ITINERANT VENDOR A PERMIT AUTHORIZING SUCH ITINERANT VENDOR TO SELL, EXHIBIT FOR SALE, OFFER FOR SALE OR EXHIBIT FOR THE PURPOSE OF TAKING ORDERS FOR THE SALE THEREOF IN THE CITY HIS SERVICES, GOODS OR MERCHANDISE ONLY AFTER SUCH ITINERANT VENDOR SHALL HAVE FULLY COMPLIED WITH THE PROVISIONS OF THIS ARTICLE AND MADE PAYMENT IN THE SUM OF FIFTY DOLLARS ($50.00) FOR THE PERMIT, WHICH PERMIT SHALL AUTHORIZE THE CONDUCTING OF SUCH BUSINESS FROM ONLY ONE ROOM OR SPACE IN ANY BUILDING, STRUCTURE OR OTHER ENCLOSURE, FROM ONLY ONE VACANT LOT OR FROM ONLY ONE TRUCK, BUT NOT FROM BOTH. THE SUM OF $50.00 SHALL BE COM- PENSATION TO THE CITY FOR THE SERVICES REQUIRED OF IT, AND TO ENABLE THE CITY TO PARTIALLY DEFRAY THE EXPENSE OF ENFORCING THE PROVISIONS OF THIS ARTICLE. PROVIDED, HOWEVER, THAT UNTIL THE CITY COUNCIL DECLARES BY ORDINANCE THE REHABILITATION AND RESTORATION OF PROPERTY DAMAGED BY HURRICANE CELIA TO BE SUBSTANTIALLY COMPLETE, PERMITTED ITINERANT VENDORS OF BUILDING CONSTRUCTION, REMODELING AND REPAIR SERVICES, GOODS AND MER- CHANDISE MAY CONDUCT THEIR BUSINESS ANYWHERE WITHIN THE CITY LIMITS AND FURTHER PROVIDED THAT SUCH VENDORS SHALL ALWAYS MAINTAIN ON FILE WITH THE CITY SECRETARY A CURRENT ADDRESS WHERE HE MAY BE CONTACTED." .. -3- SECTION 5. THAT SECTION 26-27, SAME - TRANSFERABILITY, OF CHAPTER 26, ARTICLE III, ITINERANT VENDORS, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: ".SECTION 26 -27. SAME - TRANSFERABILITY. THE PERMIT REQUIRED BY SECTION 26-29 OF THIS CODE SHALL NOT BE TRANSFERABLE NOR GIVE AUTHORITY TO MORE THAN ONE PERSON TO SELL OR EXHIBIT SERVICES, 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 PERMIT MAY HAVE THE ASSISTANCE OF ONE OR MORE PERSONS IN CONDUCTING THE SALE OR EXHIBIT, WHO SHALL HAVE THE AUTHORITY TO AID THE PRINCIPAL, BUT NOT TO ACT FOR OR WITHOUT .HIM. SECTION 6. THAT SECTION 26 -29, SAME - DISPLAY, OF CHAPTER 26, ARTICLE III, ITINERANT VENDORS, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED TO HEREA*ER READ AS FOLLOWS: "SECTION 26-29. SAME - DISPLAY. THE PERMIT OR TRUE COPIES THEREOF, REQUIRED BY SECTION 26 -24 OF THIS CODE, SHALL BE PROMINENTLY DISPLAYED IN A CONSPICUOUS PLACE ON THE PREMISES WHERE, OR THE TRUCK FROM WHICH, SUCH SERVICES, SALE OR EXHIBIT ARE BEING CONDUCTED AND SHALL REMAIN SO DISPLAYED SO LONG AS ANY GOODS OR MERCHANDISE ARE BEING SO SOLD OR EXHIBITED." SECTION 7. THAT SECTION 26-30, BOND, OF CHAPTER 26, ARTICLE III, ITINERANT VENDORS, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED TO HEREAFTER READ AS FOLLOWS: "SECTION 26-30. BOND. A BOND IN THE SUM OF NOT LESS THAN TWO THOUSAND DOLLARS ($2,000.00) SHALL BE EXECUTED BY -THE ITINERANT VENDOR, AS PRINCIPAL, WITH A GOOD AND SUFFICIENT SURETY SATISFACTORY TO THE ASSESSOR AVD COLLECTOR OF TAXES, WHICH BOND SHALL BE PAYABLE TO THE MAYOR OF THE CITY AND HIS SUCCESSORS IN OFFICE FOR THE USE AND BENEFIT OF ANY PERSON ENTITLED THERETO, CONDITIONED THAT THE PRINCIPAL AND SURETY WILL PAY ALL DAMAGES -4- TO PERSONS CAUSED BY OR ARISING FROM OR GROWING OUT OF THE WRONGFUL, FRAUDULENT OR ILLEGAL CONDUCT OF THE ITINERANT VENDOR, WHILE CONDUCTING THE SERVICES, SALE OR EXHIBIT IN THE CITY. THE BOND SHALL REMAIN IN FULL FORCE AND EFFECT FOR THE ENTIRE DURATION OF THE PERMIT, AS PROVIDED IN THIS ARTICLE AND FOR TWO YEARS THEREAFTER. SUCH BOND SHALL BE POSTED NO LATER THAN FIVE (5) DAYS AFTER APPLICATION FOR PERMIT. A BUILDING SERVICES VENDOR, AS DEFINED HEREIN, MAY COMMENCE BUSINESS UPON PAYMENT OF THE PERMIT FEE ONLY UNTIL THE CITY COUNCIL PASSES THE ORDINANCE DECLARATION PROVIDED BY SECTION 26 -26.° SECTION 8. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATIQJOF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATIN SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 9. IF FOR ANY REASON ANY SECTION, PARAGRAPH, 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 10, THE NECESSITY TO IMMEDIATELY ENACT THE AMENDMENTS TO THE CORPUS CHRISTI CITY CODE AT THIS TIME OF EMERGENCY IN ORDER TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THIS CITY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS- PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE /�qV- ✓ DAY OF AUGUST, 1970. ATTEST• CITY SECRETARY /y Y R THE CITY OF CORPUS CHRISTI, TEXAS APPRO D• L I O r r T ING CIT TTORN Corpus Christi, Texas / day of , 19 %d TO THE MEiIBERS OF THE CITY COUNCIL I U Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion 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, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, 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: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick'Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the fol ow: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. /� � Eduardo E. de Ases Ken McDaniel W. J. ','Wrangler" Roberts Ronnie Sizemore —� PUBLISHEWS AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came._._...._._... who being first duly sworn, according to law, says that he Is the 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 ..LegAj. Notice - -- NOTICE OF PASSAGE OF ORDINAUGE NO. of which the annexed is a true copy, was published. In on the-1-5 day ... . .. . .......... L —Times. $ 3 gn Barnes, 1.7. Adv. 1 r. Subscribed and sworn to before me ay o Louise Vick Notary Public, Nueces County, Texas �l-