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HomeMy WebLinkAbout05041 ORD - 05/21/1958AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE PROVIDING FOR THE REGULATION AND LICENSING OF PERSONS IN THE BUS- INESS OF PRIVATE DETECTIVES OR CONDUCTING PRIVATE DETEC- TIVE AGENCIES; PROVIDING FOR THE PAYMENT OF CERTAIN FEES FOR LICENSES; CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION;" BEING ORDINANCE NO. 4335, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON THE 7TH DAY OF SEPTEMBER, A. D. 1955, AS AMENDED BY ORDINANCE NO. 4401, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON THE 23RD DAY OF NOVEMBER, A. D., 1955; TO PROVIDE FOR SURETY BOND AND TO PROVIDE FOR CERTAIN OTHER CHANGES TO SECTION THEREOF, AND DECLARING AN EMERGENCY. WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI BY ORDINANCE NO. 4335 PASSED AND APPROVED ON THE 7TH DAY OF SEPTEMBERS 1955 PROVIDED FOR THE LICENSING AND REGULATING OF PERSONS IN THE BUSINESS OF PRIVATE DETECTIVES AND PRIVATE DETECTIVE AGENCIES, WHICH ORDINANCE WAS AMENDED BY ORDINANCE NO. 4401, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 23RD DAY OF NOVEMBER, 1955; AND WHEREAS, IT IS DEEMED BY THE CITY COUNCIL NECESSARY TO MAKE CERTAIN AMENDMENTS AND CHANGES IN SAID ORDINANCE, AS AMENDED,, IN ORDER THAT IT MIGHT BE MORE EFFECTIVE AND PRACTICAL INSOFAR AS THE GENERAL PUBLICS WELFARE IS CONCERNED; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ORDINANCE N0. 4335, PASSED AND APPROVED ON THE 7TH DAY OF SEPTEMBER, 1955, ENTITLED "AN ORDINANCE PROVIDING FOR THE REGULATION AND LICENSING OF PERSONS IN THE BUSINESS OF PRIVATE DETECTIVES OR CONDUCTING PRIVATE DETECTIVE AGENCIES; PROVIDING FOR THE PAYMENT OF CERTAIN FEES FOR LICENSES; CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION" AS AMENDED BY ORDINANCE ND. 4401, PASSED AND APPROVED ON THE 23RD DAY OF NOVEMBER, 1955, BE AMENDED BY AMENDING SECTION 6 THEREOF, TO READ AS FOLLOWS: "SECTION 6. BOND REQUIRED. BEFORE ANY LICENSE SHALL BE ISSUED AS PROVIDED IN THIS ORDINANCEy THE APPLICANT SHALL FURNISH TO THE CITY OF CORPUS CHRISTI A GOOD AND SUFFICIENT SURETY BOND; OR AN INSURANCE POLICY; OR SHALL DEPOSIT WITH THE CITY CASH IN THE AMOUNT OF FIFTEEN HUNDRED DOLLARS ($1,500.00), AS SECURITY. IN THE EVENT OF A BOND, IT MUST BE SIGNED s�4 t I EITHER BY SOME GOOD SOLVENT BONDING COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE OR SIGNED BY TWO GOOD AND SOLVENT PERSONAL SURETIES HAVING PROPERTY NOT EXEMPT FROM FORCED SALE EQUAL TO AT LEAST TWICE THE AMOUNT OF SUCH BOND; AND IN THE EVENT OF AN INSURANCE POLICY, TO BE EXECUTED BY SOME SOLVENT INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE, AND SUCH SECURITY BONDS OR INSURANCE SHALL BE DELIVERED TO THE CHIEF OF POLICE FOR HIS APPROVAL. IN CASE OF A BOND THE CHIEF OF POLICE SHALL HAVE THE RIGHT TO REQUIRE ADDITIONAL OR OTHER SECURITY AT ANY TIME HE HAS REASON TO BELIEVE AND DOES BELIEVE SUCH BOND IS INSECURE. SAID SURETY BOND OR INSURANCE POLICY SHALL BE IN THE SUM OF THREE THOUSAND FIVE HUNDRED DOLLARS ($3r,500.00) AND SHALL BE CONDITIONED THAT THE OBLIGOR THEREIN WILL PAY TO THE EXTENT OF THE FACE AMOUNT OF SUCH SURETY BOND OR INSURANCE POLICY ALL FINAL JUDGMENTS WHICH MAY BE RECOVERED AGAINST SAID PRIVATE DETECTIVE AGENCY BY REASON OF THE WRONGFUL OR ILLEGAL ACTS OF ITS SERVANT2 OFFICERS AGENT: OR EMPLOYEE COMMITTED BY THEM IN THE COURSE OF THEIR EMPLOYMENT. IN THE EVENT CASH SECURITY IS DEPOSITED WITH THE CITY IN LIEU OF BOND OR INSURANCE POLICY THEN SUCH AMOUNT MAY BE APPLIED AGAINST ALL FINAL JUDGMENTS OBTAINED AGAINST THE SAID PRIVATE DETECTIVE OR PRIVATE DETECTIVE AGENCY AS A RESULT OF WRONGFUL OR ILLEGAL ACTS ABOVE STATED. SAID SURETY BOND OR INSURANCE POLICY SHALL FURTHER BE CONDITIONED THAT SUCH PERSON SO INJURED SHALL HAVE THE RIGHT TO SUE DIRECTLY UPON SUCH SURETY BOND OR INSURANCE POLICY IN THEIR OWN NAME FOR THE COLLECTION OF ANY FINAL JUDGMENT OBTAINED AGAINST THE PRINCIPAL IN SAID BOND OR INSURANCE POLICY BY REASON OF ANY WRONGFUL OR ILLEGAL ACTS ABOVE STATED, AND THE SAME SHALL BE SUBJECT TO SUCCESSIVE SUITS FOR RECOVERY UNTIL A COMPLETE EXHAUSTION OF THE FACE AMOUNT THEREOF. EACH PRIVATE DETECTIVE SHALL, ON OR BEFORE THE DATE OF THE EXPIRATION OF HIS LICENSE TO DO BUSINESS IN THE CITY OF CORPUS CHRISTI FILE A NEW SURETY BOND OR INSURANCE POLICY CONTAINING THE SAME TERMS OR OBLIGATIONS OF THE PRECEDING SURETY BOND OR POLICY AS TO PROVIDE CONTINUOUS SECURITY TO PERSONS SO INJURED, AND IN THE EVENT ANY SUCH PRIVATE DETECTIVE OR DETECTIVE AGENCY FAILS TO EXECUTE ANY SURETY BOND OR INSURANCE POLICY, OR TO FILE THE SAME WITH THE CHIEF OF POLICE AS PROVIDED HEREIN, IT SHALL CONSTITUTE GROUNDS FOR REVOKING THE SAID LICENSE. NOTHING HEREIN SHALL BE CONSTRUED TO AUTHORIZE A PRIVATE DETECTIVE TO HAVE THE POWER OF -2- PEACE OFFICERS IN THIS CITY UNLESS SUCH POWER BE CONFERRED THEREON UNDER THE PROVISIONS OF SOME OTHER LAW OF THIS STATE OR ORDINANCE OF THIS CITY." SECTION Z. THE FACT THAT IT IS IMPOSSIBLE FOR DETECTIVE AGENCIES AND PRIVATE DETECTIVES TO OBTAIN BONDS FROM SURETY COMPANIES AND CANNOT COMPLY WITH THE REQUIREMENTS OF THE ORDINANCES PERTAINING THERETO AS NOW WRITTEN AND THE EACT THAT IT IS NECESSARY TO PROVIDE FOR THE COLLECTION OF JUDGMENTS AGAINST THE PRINCIPAL IN SAID BONDS FOR THE PROTECTION OF THE GENERAL PUBLIC CREATES A PUBLIC EMERGENCY AND A PUBLIC IMPERATIVE 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 ORDI- NANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXISTS, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED THIS THE , DAY OF MAY, 1958• MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETAR - APPROVED AS TO LEGAL FORM, MAY 16, 1958: it I CITY ATTORNEY CO US CHRISTI, TEXAS 1958 TO THE MEMBERS -OF THE CITY COUNCIL CORPUS CHRISTI TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 � T HEREFO E HEREBY REQUEST TH AT 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: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER C MANUEL P. MALDONADO C CHARLIE J. AILLS ARTHUR R. JAMES CG< ODELL INGLE (, i THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES ODELL INGLE �oq I C��X` CJ Lc.