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Ord 1671 11/23/1953 GY s ORDINANCE NO. PON OR IiIAWCE LICENSING AUCTIC i°TR PROVIDING R A!q APPLICATION FOR SUCH LICENSE, ITS ISSUANCE Aim DURAT i GY: SUCH A PPLICA ION TO HE 11ADE UMER (BATH AjDD T 11,11YOMIATITON !G .BE SI OIL �I Tf aREIN, REQUIR-ING A SWORD INVEMA TIORY OF MODS TO BE AUCTIONIM TO ACC014PANY SUCH APPLICAT I ONc PERMITTING ONLY SUCH GOODS AS ARE INCLUDIM IN THE INVENTORY TO M SOM- P_-MVIDING 10R A LTCENiSE FEE.- PROVIDING FOR A FIGHT OF APPEAL 1,1HERE APPLICA'TON IGR LICEivSE IS RE USIM-. PROVIDING FOR A I N , THE A_<'i(�U`Aj OF FIVE THOUSAND ( 5,000) DOLLARS TO EE REQUIRED OF ALL APPLICANTS FGR LICEITJSE SETTING YMI TH CM0IT ONS OF BDIM: PROHIBITIiIG €,ZSREPRE- SEINTATION IN CO-MIECTION WITH SALES ND ICAPPERS," UBDOSTERS11 MID 19VY-BIDDERS"; RE fdIRING IijVGICE TO BE GIVM J ITS 'AC*-J SALE OF EACY�i I�I3IV�UAZ Apt^11CIP: E-- QrMING DUPLICATE COPIES OF THI SA£.!, TC BE i�PT: PROW 1 I TRIG SAI S Oil VACANT LOTS, S=hTS, S.l.DMALKS' AT'12H S GH GT MI PUBLIC PLACES: PROHIBITING SALES BET:R3 ai 6.00 P.m- im) 8:Oo A:! . OF ANY DAY. Ai�B P VYING A PENALTY Ii'OR 1HE VIGLAT'l'ON HERMF F. BE IT f}ILT-1)AINTEil BY aiE BOARD OF ALDE_Rd-IEN OF THE CITY OF WICIHITA FALIS, MAS: SECTION 1. Cormliance with QWizr�=e and License Required. It shall be unlawful for any person to sell-,dispose of or oflrer for sale in the city at public auction, jewelry, diAmonds or other precious or semiprecious stones, watches, clocks, pictures, paintings, gold or silver :care or plated ware, rugs, carpets, trunks, suitcases, satchels, curios, bedspreads, tablecloths, table covers, napkins, doilies, stationery, glassware, porcelain or bric-a-brac, whether the same shall be his own property or z-rhether the sale of- the same shall be made by or through him as agent or employee of the owner thereof, or in any capacity, without first complying with the pro'r sl ons of this Ordinance and obtaining and having a license issued by the assessor and collector of taxes of the city. _ SECTION 2. Application for license; issuance; duration. Any person desiring; to hold an auction sae Ior the purpose os the s e of any of the ;woods described in section 1 of this ordinance, shall make application to the assessor and collector of taxes of the city as herein provided, for a license therefor. The assessor and, collector of taxes shall issue to such person a license upon his complying with the terms of this ordinance, such license to be made for a period of time to be r?esignated therein; prow!ded, that no license shall be issued for a longer period than one year from date thereof. SECTIOTT 3. Applications to be made under oath, information to be shoi.m. Applications fora license Lirzderne provisions of t-His chapter shall be in i•�iting, signed and, sworn to before a notary pablic of Wichita County, stating the name of the applicant, his residence, the street and ranieer of the proposed place of sale, the length of time for which the license is desired, whether the applicant was previously engaged in a like or similar business, ... designating the place where such business was conducted and the lengthh of time conducted. SECTION 4. Sworn inventory of goods to be auctioned to accompany application; only goods included in inventory to be sold. Each aprolzcatjon for a license under the provi no of tha.s 0rdinaHce-s all have attached to it a sworn inventory of such goods to be auctioned, describing the number, -kind and character thereof. In the case of an individual, an affidavit under this ordinance shall, be made by him as such; in the case of a firm, it shall be made by one of the partners; in the case of a corporation, it shall be grade by the president, general manager, secretary or treasurer. No , 00ds mentioned in section l of this or shall be sold at such auction sale except those referred to and included in such inventory. SECTION. 5. License fee. Before any license shall be issued under the provisions of this ordli e, tie applicant, shall pay to the city a license fee of twenty-five dollars.. SECTION 6. Right, of appeal where application for License refused. In event the application for a license provided for in section 2 of U1is ordinance is refused by the .assessor and collector of tares, the applicant shall have the right to appeal_ to the city council of the city. m SEC�0I4T 7. pond required; amount; conditions, etc. Any person desiring a license under the prow-isaono off'-th s ord e shall, in addition to comply ng with the provisions of this ordinance and before a license shall be issued, fL rnish_ a:.hcnd to the city duly ,executed by .such applicant as principal in Vne sup! of fire thousand dollars; which bond shall be payable to the city. Such bond shall be approved-by the assessor and collector of taxes of the city, and conditioned that Vae principal shall pay all losses and damages -which may be lawful-.y claimed against him on account of any material mi..srepresentation of .fact or arFy material supression of fact concerning the goods to be auctioned at any such sale` or auction, or ,hich may grow out of a violation of any of the provisions of this ordinaice. Such bond shall i e to the benefit of a U and all persons -Who .sustain any lass or damage on accotrt of any such misrepresenta- tion or violation of this ordinance. Any such person sustaining any such loss. or damage may bring s,,-i t in any court of competent jurisdiction in ?i chi to County to recover the same, and the provisions of such 'Mond shall be construed liberally in favor of all such persons sustaining such loss or damage. All remedies upon or lender such bonds herein provided shall be in addition to and cumulative ofall other remedies the parties may have at lair or in equity for recovery of any such loss or damage. The bond shall be executed by two or more good and: solvent sureties, or by some solvent surety company having a permit to do business in the state. Cumulative recoveries may be..had on such to ds to the full amount thereof. SECTION 8. Risrepresentation in connection with sales. It diall be unlawful for any person acting as auctT off er to make misrepresenta- tion of fact or any material suppression of .fact concerning the goods to be auctioned at any sale under the provisions of -this ordi.nance or any other material misrepre- sentation of fact whatsoever as to. the quality-,. quantity, character, present con- dition, value, cost or general selling price of any goods within the purview of this ordinance offered for disposal by auction sale or "sold at auction sale. SECTION 9. "Cappers" and "BDosters" prohibited. It shall be unlawful for any person to act as a by-bidder .or twat Is commonly known as a "capper't or "booster" at any auction or 3)lace where any auction shah, take place under the provisions of this ordinance, or to offer or mace false bids or to offer any false bid to buy or pretend to buy any goods sold or offered for sale at any such auction. SECTION 10. invoice, containning descrirtioai and sell irg price of article to be given purchaser; du-plicate cotai_es to be kept. it shall be the dvt'�- the person whose goods are be-?ng sold at pub1i.c auction under the .pro- vision.s of this ordinance to give each and every purchaser of an article, the selling .price of which amounts to the sum of two dollars and fifty cents or more, an invoice containing a full description of the article and the selling price thereof. :Dupligate copies, of such invoice shall be kept. SECTION 11. Sales on vacant lots, streets etc., prohibited. No auction sale shall be hec ox conducted on anyr pu c or vacant lot. public street, public sidewalk,. public alley, public square or public plata in the city. SECTION 12. Sales prohibited between 6:00 P.H. and 8:00 A.M. 110 auction sale, for the purpose of selling any of the goods described in section 1 of this ordinance, shall be held or conducted between the hours of 6:00 P.1-1. on one day and 8=00 A.ITT. on the following day. - 2 - SECTI€jj 13. ordinance not a-p-olicable to jadicial sales, etc. aiis ordinance shall noE aPPly to J!'dreial salves, or sales, oracle b, executors or administrators) or to sales by trustees, :mortgages or assignees under the terms of any instrument given to secure a bona-fide-indebtedness under which he exercises the poorer of sale, or to sales made by or :n Ibehalf of licensed Da-vmbrokers of unredeemed pledges, or to sales of unclaimed freight or express as provided by law, or to sales by sheriffs, constables or other officers as provided by lair, or to any other.particular kind of auction sale expressly authorized by the lags of'the state or by the laws of the United States. sa',r ll 14. Penalty. Any person violating or failing to comply Trith any of the provi siEs of this ordnance shall be punished by a fine of not less than ten or more than, two hundred dollars. Each day shall constitute a separate offense, - w PASSM+ AHD APPROVM- THIS dar of A. 'D. 1953• Mayor ATTES T City Clerk 3 f . E r c PubUsbing Coy publish the analosodHouLoo In the dichita ftlu Roloord 'Pridays Nov.; 130, 1953* of PubUcotion,% tOgOthOrWith c = n ou truayo G T ° onn Vitt', 'j * s 7 ! B -8000 * on November 93# 19531 B N AVOODMalft II P CATION sma ' C VS &SUAII-01 AND DMkTIdif. SUCH'APPUCATION TO BZ HAS MIDER MUMMINTWINUMMY T9 161, M DVS 'F A LU n IN COMT101,WITH SAIZ AND, Am. ° i � � � � � 0I" SATIM AND ' I FM t , l TI -. ` c Ok E Affidavit it of Publication THE STATE OF TEXAS COUNTY OF WICHITA hr r ubt3e� ii3n pith +r� On this....-.................. .%.... day of "V` 3' I� AK A. D. 19 -. .._ personally appeared before me the undersigned authority Marc a Emsoff bookkeeper�..._. ...,... _._:: .....-: ...-,.... ...e.: e...s__.. .......-.,. for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Record News a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states 1 that the attached advertisement is a true and correct copy of advertising t axes t1 vacank`�bktrts stdlts 3 s ax. 21 tr nr L �Ixta u . published in.__....., _.: .....,. issues thereof ,an the follow- ing dates November BOOKKEEPER FOR TIIES PUELI I G OMPANY OF WICHITA FALLS Subscribed and sworn to before me this the day and year first above (SEAL) written. .........:: ...,...... .. ..Y.�... ..•....s WIT.w-. a.� .was..,°s %.3.i:. t s e¢=, '" r" C . %.J,� h'.,.,o.14)"