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
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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
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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:
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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
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