HomeMy WebLinkAbout09895 ORD - 08/19/1970Jhrc: JKt:O -10 -(U
AN ORDINANCE
AMENDING ARTICLE III, SECTIONS 26 -23, 26 -25, 26 -28
AND 26 -31 ITINERANT VENDORS, CORPUS CHRISTI CITY
CODE, 1956, AS AMENDED; REDEFINING "ITINERANT VENDOR"
AND "TRANSIENT" AS USED IN SAID ORDINANCE; CREATING
AN EXCEPTION DURING CIVIL EMERGENCY AS TO FILING TIME
OF VENDOR APPLICATION DOCUMENTS; PROVIDING FOR THE
REVOCATION BY THE CITY TAX ASSESSOR - COLLECTOR OF ANY
ITINERANT VENDOR PERMIT ON ACCOUNT OF NONCOMPLIANCE
WITH THE REQUIREMENTS OF SAID ARTICLE III AFTER NOTICE,
BEING CUMULATIVE OF ALL OTHER REMEDIES OF THE CITY,
INCLUDING BUT NOT LIMITED TO RECOURSE AGAINST THE
ITINERANT VENDOR BOND; PROVIDING APPEAL OF REVOCATION
TO THE CITY COUNCIL, ACCORDING TO THE PROCEDURE OF
ARTICLE V, SECTION 15, CORPUS CHRISTI CITY CODE;
PROVIDING CERTAIN ARTS, CRAFTS, FLOWER AND HOBBY
SHOW EXEMPTIONS; PROVIDING PERMIT RENEWALS; PROVIDING
REPEALER; PROVIDING SEVERABILITY; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS'
SECTION 1. THAT ARTICLE III, SECTION 26 -23, ITINERANT VENDORS,
OF THE CORPUS CHRISTI CODE OF ORDINANCES, AS AMENDED, BE AMENDED TO HEREAFTER
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 CONTRACT DERIVED FROM ANY FORM OF
GENERAL SOLICITATION OR PUBLIC ADVERTISEMENT 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, OR BY REFERRALS, OTHER THAN THOSE RECEIVED THROUGH RESIDENT BUSINESS,
TRADE AND PROFESSIONAL ASSOCIATIONS OR GOVERNMENTAL AGENCIES WITH WHICH SUCH
PERSON IS DULY REGISTERED OR ENROLLED, AND THE SELLING OR OFFERING FOR SALE
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OF 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 CONDUCTING 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 OCHER 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 SALE THEREOF.
'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, WHICH PURPOSE OR INTENTION SHALL BE PRESUMED AS TO
ALL PERSONS TO WHOM ONE OR MORE TERMS OF THIS DEFINITION ARE APPLICABLE, 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 ARTICLE.III, SECTION 26 -25, ITINERANT VENDORS,
OF THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES, AS AMENDED, BE AMENDED
BY THE ADDITION OF A FINAL SENTENCE TO READ AS FOLLOWS:
"DURING THE TIME OF A CIVIL EMERGENCY OR DISASTER IN THE CITY,
AND UNTIL DECLARED TO BE TERMINATED BY ORDINANCE, APPLICANTS HEREUNDER MAY
BE ISSUED PERMITS CONDITIONED TO BE VALID ONLY IF THE DOCUMENTS REQUIRED BY
SUBSECTIONS 2 AND 3 ABOVE ARE FILED WITHIN FIVE (5) DAYS AFTER THE ISSUANCE
OF PERMIT."
SECTION 3. THAT ARTICLE III, SECTION 26-28, ITINERANT VENDORS,
OF THE CORPUS CHRISTI CODE OF ORDINANCES, AS AMENDED, BE AMENDED TO HERE-
AFTER READ AS FOLLOWS:
"SECTION 26-28. SAME - DURATION; REVOCATION.
A. THE PERMIT PROVIDED FOR IN SECTION 26-24 OF THIS CODE SHALL
CONTINUE SO LONG AS:
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1. SUCH SERVICES, SALE OR EXHIBIT BE CONTINUOUSLY HELD
IN THE CITY BUT, IN NO EVENT, FOR MORE THAN FORTY DAYS
AFTER ISSUANCE,OF THE PERMIT; AND
2. THE PERMITTEE COMPLIES WITH ALL REQUIREMENTS OF THIS
ARTICLE, ALL ORDINANCES OF THE CITY, AND THE LAWS OF
THE STATE OF TEXAS.
B. IN THE EVENT THE CITY TAX ASSESSOR - COLLECTOR DETERMINES,
UPON CREDIBLE EVIDENCES THAT ANY VENDOR PERMITTED HEREUNDER HAS FAILED TO
COMPLY WITH ANY REQUIREMENTS OF ARTICLE III OF THE CITY CODES ANY ORDINANCE
OF THE CITY OF CORPUS CHRISTI, OR ANY LAW OF THE STATE OF TEXASI THE SAID
OFFICER IS HEREBY EMPOWERED TO REVOKE THE SAID VENDORS PERMITS EFFECTIVE
AS OF ANY DATE THE SAID OFFICER SHALL SPECIFY AFTER THREE DAYS WRITTEN
NOTICE SETTING FORTH THE REASONS FOR REVOCATION AND THE EFFECTIVE DATE THEREOFI
TO THE SAID VENDOR. SUCH NOTICE SHALL BE DEEMED SERVED ON THE DAY THE SAME
IS PERSONALLY DELIVERED TO SAID VENDOR OR AS OF THE DAY THE SAME IS DEPOSITED
IN THE UNITED STATES MAILS PROPERLY STAMPED AND ADDRESSED TO SAID VENDOR
AT HIS LAST ADDRESS KNOWN TO THE CITY TAX ASSESSOR - COLLECTOR. UPON REVOCA-
TIONS THE SAID VENDOR SHALL FORTHWITH SURRENDER HIS PERMIT TO THE CITY TAX
ASSESSOR - COLLECTOR OR ANY CITY POLICE OFFICER WHO DEMANDS THE PERMIT.
C. REVOCATION HEREUNDER IS CUMULATIVE OF ALL OTHER REMEDIES OF
THE CITY RESPECTING NONCOMPLIANCE WITH THE TERMS OF THIS ARTICLE 111, INCLUD-
ING BUT NOT LIMITED TO RECOURSE AGAINST THE ITINERANT VENDOR BOND.
D. EVERY VENDOR AGGRIEVED BY THE REVOCATION OF HIS PERMIT SHALL
HAVE THE RIGHT TO APPEAL SUCH REVOCATION TO THE CITY COUNCIL THROUGH THE
PROCEDURE PROVIDED BY ARTICLE V, SECTION 151 CORPUS CHRISTI CITY CHARTERS
WHERE HE SHALL BE ACCORDED THE RIGHT TU COUNSELS TO PRESENT EVIDENCES CON-
FRONT ACCUSERS AND CROSS- EXAMINE. DURING THE PENDENCY OF ANY APPEAL THE
REVOCATION SHALL REMAIN OPERATIVE."
UNTIL THE EXTRAORDINARY CONDITIONS OPERATING UPON THE SUPPLY AND
DEMAND OF BUILDING CONSTRUCTIONS REPAIRS REMODELING, AND DEBRIS REMOVAL IN
THE C'ITYS RESULTING FROM THE DEVASTATION OF HURRICANE CELIA HAVE BEEN
DECLARED ENDED BY ORDINANCE OF THE CITY COUNCILS THE CITY MANAGER MAY
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EFFECT THE ARRANGEMENTS HE DEEMS APPROPRIATE TO ACCOMPLISH THE PURPOSES OF
THIS ORDINANCE AND FACILITATE ITS IMPLEMENTATION AND THE CITY ATTORNEY
AND THE CITY SECRETARY SHALL HAVE AUTHORITY, FOR THE DURATION OF SAID
EXTRAORDINARY CONDITIONS, TO ACT,FOR AND IN THE NAME OF THE CITY TAX
ASSESSOR - COLLECTOR IN ADMINISTERINP THIS ARTICLE III AS AMENDED.
SECTION 4. THAT ARTICLE III, SECTION 26 -310 TINERANT VENDORS,
OF THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES, AS AMENDED, BE AMENDED IN
SUBSECTION (D) THEREOF TO HEREAFTER READ AS FOLLOWS:
"(D) SALES OF GOODS OR MERCHANDISE, ART OBJECTS, COINS,
STAMPS, PRODUCTS DISPLAYED OR PRODUCED AT ARTS AND CRAFTS SHOWS, FLOWER
SHOWS, AND HOBBY SHOWS, AND OTHER ARTICLES AND MATERIALS EXHIBITED IN A
PUBLICLY OWNED BUILDING OR AREA UNDER THE SPONSORSHIP OF A LOCAL GROUP OR
GROUPS, THE MAJORITY OF THE MEMBERSHIP OF SUCH GROUP OR GROUPS BEING AT
ALL TIMES PERTINENT RESIDENTS OF THE CITY, HAVING A LEASE, TENANCY OR RIGHT
OF OCCUPANCY OF SUCH PUBLICLY OWNED BUILDING OR AREA."
SECTION 5. AT EXPIRY OF THE INITIAL FORTY -DAY PERMIT, A RENEWAL
FOR A THIRTY -FIVE (35) DAY INTERVAL MAY BE OBTAINED BY THE PAYMENT OF THE
$50.00 PERMIT FEE. NO ADDITIONAL BOND SHALL BE REQUIRED UNLESS A CLAIM
UPON SUCH BOND, REDUCED TO FINAL JUDGMENT, HAS DECREASED THE SUM AVAILABLE
UNDER SUCH BOND TO LESS THAN $2xOOO.00.
ADDITIONAL RENEWALS MAY BE MADE AND SHALL BE REQUIRED AFTER THE
TERMINATION OF THE INITIAL FORTY -DAY PERMIT SO LONG AS THE ITINERANT VENDOR
CONDUCTS BUSINESS WITHIN THE CITY. FOUR CONSECUTIVE RENEWALS SHALL BE
DEEMED TO CONSTITUTE THP VENDOR A RESIDENT OF THE CITY, PROVIDING HE HAS
CONTINUOUSLY CONDUCTED HIS BUSINESS IN THE CITY UNDER THE TERMS OF AND
IN COMPLIANCE WITH THIS ORDINANCE.
SECTION 6. THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH ARE HEREBY EXPRESSLY REPEALED.
SECTION 7. 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 8. 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.
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SECTION 9. 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 SUSPENSION 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 %I�T�S� PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS
THE IW- DAY OF AUGUST, 1970-
ATTEST:
i�� /�,� , (A4
CITY SECREtAlFfY THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF AUGUST 1970:
-a /111 AC ING CITY ATTORP
Corpus Christi, exas
day of at , 19—&
TO THE 4- EIM3ERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons sec 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,
R
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon >
Cabe Lozano, Sr. ' !
i
V. A. "Dick "Bradley, Jr.
Eduardo E. de Ases 4
Ken McDaniel
W. J. "Wrangler" Roberts j
l ,
Ronnie Sizemore -
The above ordinance was passed by the follRA ng vote:
Jack R. Blackmon
Cabe Lozano, Sr.
V. A. "Dick" Bradley, Jr. e
Eduardo E. de Ases
Ken McDaniel
W. J. °Srangler" Roberts
7
Ronnie Sizemore
y:
L
PUBLISHERS AFFIDAVIT
STATE OF TEXAS,
County of Nuem.
Before me, the undersigned, a Notary Public, this day personally came
Leland . ....... t duly sworn, according to law, says that he the
who being firs rn acco w Is
of the Corpus Christi Caller and The Corpus Christi Thnes,
Daffy Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
-=MN.OT. -- MUM ME W-28.95--.
of which the annexed is a true copy, was published in --tbe--Times
on the—Mday of._.__—
$ . .....
i, ®1 n U. ernes, C1.
Subscribed and sworn to before me this— U day
Louise Vick _-Notary Public, Nueces County, Texas
D IN SAID DRDINAf
VG AN EXCEPTION [
/IL EMERGENCY AS
TIME OF VENDOR AP
EMP
T, RAY YRING,
Clfy of Corpus Chrlsll, Texas
IS E A LI (22•
6