HomeMy WebLinkAbout09970 ORD - 10/28/197010/20/70
AN ORDINANCE
AMENDING THE CORPUS CHRISTI CITY CODE, 1958,
AS AMENDED, PARTICULARLY AMENDING CHAPTER 26,
ARTICLE III, "ITINERANT VENDORS ", SECTION
26 -28 - DURATION; REVOCATION; RENEWAL, AND -
SECTION 26 -30 - BOND; PROVIDING PUBLICATION;
PROVIDING A SEVERANCE CLAUSE; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIJrY OF CORPUS
CHRISTI, TEXAS: ,,•
SECTION 1. That Chapter 26, Article III, "Itinerant
Vendors ", Section 26 -28 of the Corpus Christi City Code, 1958,
as amended, be and the same is hereby amended to read as follows:
"Sec. 26 -28. Same -- Duration; Revocation; Renewal.
A. Duration. The permit provided for in Section 26 -24
of this Code shall continue so long as:
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. Revocation. In the event the City Tax Assessor -
Collector determines, upon credible evidence, that:
1. Any vendor permitted hereunder has failed to comply
with any requirement of this Article III of Chapter
26 of the City Code; or
2. Any vendor permitted hereunder has failed to comply
with any requirement of any ordinance of the City of
Corpus Christi; or
3. Any vendor permitted hereunder has failed to comply
with any provision of any law of the State of Texas; or
4. Any Permittee's Itinerant. Vendor's bond has been re-
duced by adverse final judgment of a court of law,
or otherwise reduced, to less than the principal sum
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of $2,000.00; and said vendor has not paid or
otherwise discharged such judgment or restored
the unencumbered or chargeable principal bond•sum
to $2,000.00 or more; or
5. Any vendor permitted hereunder has failed to pro-
vide a current address and telephone number where
said vendor may be contacted, or has failed to
give notice of any change of address;
the said officer is hereby empowered to revoke the said vendor's
permit, effective as of any date the said officer shall specify
after three days' written notice, addressed to said vendor at his
last address of record with the City, setting forth the reasons
for revocation and the effective date thereof, to the said vendor.
Such notice shall be deemed served on the day the same is person-
ally delivered to the said vendor or as of the day the same is
deposited in the United States Mail, properly stamped and addressed
to said vendor at his last address known to the City Tax Assessor -
Collector. The said vendor shall then forthwith surrender his
permit to the City Tax Assessor - Collector or any City police
officer who demands the permit.
C. Renewal. At the expiry of the initial forty -day
permit, a renewal for a thirty -five (35) day interval may be
obtained by the payment of a $10.00 permit renewal fee, provided,
however, that if the Tax Assessor - Collector has determined, upon
credible evidence, that:
1. Any vendor heretofore permitted hereunder has failed
to comply with any requirement of this Article III
of Chapter 26 of the City Code; or
2. Any vendor heretofore permitted hereunder has failed
to comply with any requirements of any ordinance of
the City of Corpus Christi; or
3. Any vendor heretofore permitted hereunder has failed
to comply with any provisions of any law of the State
of Texas; or
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4. Any permittee's Itinerant vendor's bond has been
reduced by adverse final judgment of a court of
law, or otherwise reduced to less than the principal
sum of $2,000.00; and said vendor has not paid or
otherwise discharged such judgment or restored the
unencumbered or chargeable principal bond sum to
$2,000.00 or more; or
S. Any vendor heretofore permitted hereunder has failed
to provide a current address and telephone number
where said vendor may be contacted, or has failed
to give notice of any change of address; or
6. Any vendor heretofore permitted hereunder has been
the subject of one or'more complaints, within any
thirty -day period, of unsatisfactory performance
under a contract undertaken by him,-and upon investi-
gation by the City Building Division certification
is made in writing by an inspector of said Division
that the complaint (or complaints) be substantially
correct as to (a) quantity of work left undone under
the contract or (b) the quality of materials when
installed is found to be defective or of unusable
composition, according to the applicable City
Building Code;
then, the said officer is hereby empowered to refuse to renew said
vendor's permit, effective as of any date the said officer shall
specify. A written statement of the reasons for non - renewal shall
be furnished by said officer to such vendor if the latter requests
the same. Upon failure to renew, the said vendor is no longer
privileged or entitled to solicit future work in the City of
Corpus Christi for the duration of the Hurricane Celia "Disaster
Period" as declared by the President of the United States on
August 4, 1970.
Failure to renew hereunder is cumulative of all other
remedies of the City respecting noncompliance with the terms of
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this Article III of Chapter 26 of the City Code, including, but
not limited to, recourse against the itinerant vendor bond.
Every vendor aggrieved by the revocation or the non-
renewal of his permit shall have the right to appeal such revo-
cation or such non - renewal to the City Council through the
procedure provided by Article V, Section 15, Corpus Christi City
Charter, where he shall be accorded the right to counsel, to
present evidence, confront accusers and cross - examine. During
the pendency of any appeal the revocation shall remain operative.
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 the vendor a
resident of the City and no longer subject to renewal require-
ments, providing he has continuously conducted his business in
the City under the terms of and in compliance with this ordinance.
No additional'bond shall be required unless a claim upon such bond,
reduced to final judgment, or otherwise, has decreased the sum
available under such bond to less thant $2,000.00.
Until the extraordinary conditions operating upon the
supply and demand of building construction, repair, remodeling,
and debris removal in the City, resulting from the devastation
of Hurricane Celia have been declared ended by ordinance of the
City Council, the City Manager may effect the arrangements he deems
appropriate to accomplish the purposes of this ordinance and facili-
tate its implementation and the City Attorney and the City Secretary
shall have the authority, for the duration of said extraordinary
conditions, to act for and in the name of the City Tax Assessor -
Collector in administering this Article III of Chapter 26, as
amended."
SECTION 2. That Chapter 26, Article III, "Itinerant
Vendors ", Section 26 -30, of the Corpus Christi City Code, 1958,
as amended, be and the same is hereby amended to read as follows:
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"Sec. 26 -30. Same -- 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 and in a form approved by the City Attorney, which bond
shall be payable for the use and benefit of any person entitled
thereto, conditioned that the Principal and Surety will pay all
damages 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 the 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 3. That all ordinances or parts of ordinances
in conflict herewith are hereby expressly repealed.
SECTION 4. 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 ordi-
nance of the City of Corpus Christi to which these rules and
regulations relate.
SECTION S. Publication shall be made one time in the
official publication of the City of Corpus Christi, which publica-
tion shall contain the caption stating in substance the purpose
of the ordinance.
SECTION 6. The necessity to immediately enact the
amendments to the Corpus Christi 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
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at three several meetings of the City Council,•and the Mayor having
declared that such emergency and necessity exist, and having re-
quested 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 oZR4c) day of 1970.
ATTEST:
city S c -e y M}1C R
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
�v AY OC 0 ER, 1970:
2
ty Attorney -
Corpus Christi, Texas
12 / day of lt! —b �_, 19 %a
TO THE 1II3:'111ERS OF TILE CITY COUNCIL
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 ar
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,
YOR
THE CITY OF CORPUS CHRISTI, TZXAS
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 Fi
W. J. "Wrangler" Roberts —C—)
Ronnie Sizemore 21
The above ordinance was passed by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
r
V. A. "Dick" Bradley, Jr. o
Eduardo E. de Ases
Ken McDaniel
W. J. 'Wrangler" Roberts
Ronnie Sizemore
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, 1
County of Nueces. f ss
Before me, the undersigned, a Notary Public, this day personally came ........
_
Ge.�gTIIQa who being first duly sworn, according to law, says that he is the
i
of the Corpus Cbrtsti Caller and The Corpus Christi Times,
4 Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
y6�H1�IIiiL•e =-= H&ting of pnaanga of OrAinance�p_A97n
of which the annexed is a true copy, was published to _._.t,9 T4mos._ ----- on the._..1;— day of.....- U&vembap- .-- ----19 —..-
consmaAff ......
1 z� !1 �
-•• - -- .._....._...Times.
land G. Barnes, Cl. Adv. rlgr.
Subscribed and sworn to before me this_...4—__.4ay o$ 19-74_
Louise Vick Atary Public, Nueces
A'ME p{
C flIR' NI CCry, CORE. , A&
AMENDING CHASTER 25, AITI-
CLE 1.1, "ITINER.INT 'IN
ISSUED UNDER MV
SEAL of }he City 0 C.
Texas, Ihis 29th d- of I
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