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Ord 1271 9/12/1938 oRDIN.�IICE NO. ,��i oRDINA.NCE I�A,,ENDING SECTIONS 2 , b end 6 01' ORDI TCE 986 , pkSSED AND APPROV11M ON JUNE, 16, 1928, 23, AKEMDED BY -NAN rd-,Q �,PPROVED ON JULY llo 1932 , INOM,3ING THE j, oRDL ICE P.,,'Vq_SLD IDED IOR IN THE ORIGINAL oRDIN�kNCE NO. 986, FROM LICENSE 1-J'E'E F2,OV- tJi L T.ARS , iuNj) R-_P,,�-,,UI'RTNG i-UN kPPLICATION 0 S TO I�IvEs HUNDR&D DO L 1IFTY D iL-AR ED SIXTY D,,,.Y.S BEFORE IvOR A LI�,_,&INSE -AS AN "ITIN-El U111' 'VENDOR't TO ]BE 1'IL GR,MN=�G a k LI40'EKSE, ��`D EXCEPTING FRO11 TIC, OPEARATION 01' THIS Of�DIN'ANCE P­b­RSONS , I,Ipj�5 OR CORPORI'd IONS ENGAGED 'F ,XCLUSI17LLY IN O'f*� 1-�GRICU]'.JTURAL FAM1 OR D11,IRY PRODUCTS , THE Si,_LE OR DISTRIBUi-ION --' I .�r,,-D DECL;-�RING 1,11 EIjilERGENCY: BE IT ORDkIKED BY TH1] BOARD Ojl ,j;D-EM1EN OF THE CITY 01 VaCHITI'll. FKLLS , TEM"3: ARTICLE 1: That Section No. 2 of Ordinance No. 986 , passed and approved on the 18th day ol' June , 1928, as amended by ordinance passed and a.-Qproved on July 11; 19%312, be and the same is hereby amend- ed so as to hereafter read as -follows , towit: SECTION 2: That the words litinerant vendor" shall be con- strued to mean and include all persons , firms , corporations Or their agents who engage in temporary or transient business in the City of Wichita Falls , Texas , selling goods, wares or merchandise , and photographers , who for the purpose of carrying on such business hires, leases or occupies any room, building or structure for the exhibition or sale of such goods, wares, merchandise , or photograpLs, provided, however, triat this ordinance shall not apply to persons , firms or corporations engaged exclusively in the sale or distribution of agricultural, farm or dairy products. wi-O does not intend in good faith to engage in said ,i.�ny vendor businessfor a period of at least six months in the UitY Of 'cn'ta Falls , Texas , shall be deemed to be conducting a temporary or transient business and no person, firm or corporation so engaged shall be relieved Irom. the provisions of this ordinance by reason of being temporarily associated with any local dealer, trader, merchant or auctioneer,or by conducting said temporary or transient business in connection with�or as a part of any local dealer, trader, merchant or auction,--er. _�ections 5 and 6 of Ordinance i'�O- 986 , passed and ARTICLE 2; That aDproved on June 18, 1928, and amended on July 11, 19312, be and the same _L are hereby amended so ��).s hereafter to read as follows, tOw4t: SECTION 5: T'hat any person, firm Or corporation, desiring to engage in the business of itinerant vendor as he,-_�ein defined, may obtain a license therefor from tile City as , upon paying, the ty of ��ichita Falls , Tex, Of the 0 ass,essor arid collector of taxes a license ice of FIVE HUNDRT-D DOLLkRS ($500.00) , and by fili-,Ig , with the City Clerk a bond to be &�,,j�.,roved by said Glerk in the sum of Two Thousand Dollars 1� - ($2,000.00) , execut6d by the applicant and a solvent corpora- tion, incorporat;- d under the laws of the State of TeXL�S , or having a permit to do a bonding business in the State of Texas , which bond shall be payable to the Mayor of the City of Wichita Falls, Tex&st and his successors in oifice, for the use and benefit of any and all persons as his or their interest may appear, v.,ho shall have cause of action against priiicipal in said bond by virtue of the misconduct, misrepresentations, fraud or failure to faithfully keep the agreements &nd warrants of said, bend, his agents, servants or employees, in connection t1je couduct of said business ; vji..ich -bona shall be conditioned for the prompt payment of any judgments against said prirLcipal or surety in any civil suit in a court of competent jurisdiction which he , or they, may be condemned to pay on account Of mis- conduct, misrepresentations , fraud or failure to ';'Iheep agree- and that seid principal will faithfully jaents and warrants, observe t1ie ordinance of the Gity of Falls ; and further conditioned that any person having a cause Of action against said principal Ls above provided, shall have the right to sue both principal and surety, or principal without joining the suretyt or surety Tithout Joining the principal. SECTION 6: The permission to conduct t�P �.business of itinerant vendor sha. -i be granted by th City 48,"Nkthw upon application of the person, firm or corporation desiring the same, filed viith hir. in writinu sixty ( 60) days in advance of granting of said license , whic1i shall state the name of the aDplicant , the residence , street and number of the proposed place of selling, and shall set forth in detail the goods to be sold and what statements or representations are to be made or advertised as to the same, and the leiZth time for which the perilit is desired, and if previously engaged in like or similar business to designate all tile places where the sarae was co,-Iducted, and Phl,all furnish further ' - 461/ecessary to estab- evidence if required by the City lish the truth of' the statements made in said application, which license so granted shall terminate one -month after the issuance of tile same , unless the person, firm or corporation securi-9 the same shall pay to the assessor and collector of taxes the aduitional sum of Ten Dollz�XS (141�10-00) for each 4dditional morith he deslres to continue in said business. s or Where applicant continues s&id business for six month more in any one place , in addition to the Five Hundred DOI- lars ($5oo.00) charged for the first monthq an applicant shall pay an additional sum of Five i)ollars ($5.00 ) per month. ARTICUE 3: kil ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. i-HHOLE 4: The f&ct tilLt the present otdinance is inadequate to protect the public health, security and safety, alld the fact that itinerant merchants and their stock of goods , w-1,.Jch are being constantly moved into the city and out, are esc EL-ping tile payTrient of rea.so;,.able taxes, and in man�; la�� tances are escaping the payment 01 ail taxes, crc�ate an emergency, and an imperative public necessity t1).r,-t the rule requirins all ordinances to be read on three several days and passed on three several readings by the Board of kldermeri be- _Suspendedo and such rule is suspended and this ordinance sha-.!-I- take effect and be in force from and after its passage , and it is n I so ordered. day of A P-4SSED AND APPROVED this the 14�w D. 1938. ATTEST: Mayor.