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Ord 2325 4/24/1967 ORDINANCE NO. L4,3�U" AN ORDINANCE REGULATING THE CLEANING, DRAINING OR FLUSHING OF ANY SEPTIC TANK OR ANY OTHER TYPE OF SEWAGE DISPOSAL SYSTEM WITHIN THE COR- PORATE LIMITS OF THE CITY OF WICHITA FALLS; PROVIDING FOR THE ISSUANCE OF LICENSES FOR THE PERFORMANCE OF SUCH ACTS OR SERVICES AND PRE- SCRIBING THE FEES AND TERMS OF THE LICENSES; PROHIBITING THE EMPTYING OR CLEANING OF EQUIP- MENT USED IN PERFORMING SUCH ACTS OR SERVICES IN ANY PLACE OTHER THAN AS DESIGNATED BY THE DIRECTOR OF THE WICHITA FALLS CITY-COUNTY HEALTH DEPARTMENT; MAKING THIS ORDINANCE CUM- ULATIVE OF ALL OTHER ORDINANCES AFFECTING SEPTIC TANKS OR SEWAGE DISPOSAL SYSTEMS EXCEPT IN THOSE INSTANCES IN WHICH A CONFLICT EXISTS; PROVIDING FOR A PENALTY CLAUSE; PRESCRIBING A SAVINGS CLAUSE; AND FIXING THE EFFECTIVE DATE OF THE ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION I. No person, firm, association, or corporation shall clean out, drain, or flush any septic tank or any other type of sewage disposal system within the corporate limits of the City of Wichita Falls unless such person, firm, association or corporation is licensed by the City of Wichita Falls to per- form such acts or services. SECTION II. Licenses may be applied for by filing an application form, which shall be furnished and prescribed by the Wichita Falls City-County Health Department, with the Director of the Wichita Falls City-County Health Department. The Director shall issue a license when he is satisfied the applicant has ad- equate and proper equipment, and has sufficient knowledge of septic tank or other sewage disposal system construction and operation, to clean out, drain or flush such systems in a safe and competent manner. SECTION III. All persons, firms, or corporations apply- ing for a license under this Act must maintain a duly established and fixed place of business in the City of Wichita Falls. SECTION IV., The license fee shall be calculated on the basis of Fifty and No/l00 Dollars ($50 .00) for each motor vehicle used or to be used in the conduct of the licensed business. The fee shall be paid to the Director of the Wichita Falls City-County Health Department. Each license shall be numbered and the number of such license shall be plainly painted on each side of each motor vehicle covered by the license. Licenses granted under this ordinance shall be for a period of one year, or a fraction thereof, said year to be concurrent with the fiscal year of the City of Wichita Falls. The full license fee shall be payable for any frac- tion of a year. The license shall be revokable and non-transferable. • - 2 - SECTION V. The Director of the Wichita Falls City-County Health Department shall designate approved locations for the emptying and cleansing of all equipment used in the performance of the services rendered under the license herein provided for, and it shall be a violation hereof for any person, firm, associa- tion or corporation to empty or clean such equipment at any place other than a place so designated. SECTION VI. This ordinance shall be, and is hereby de- clared to be, cumulative of all other ordinances of the City of Wichita Falls, Texas, affecting septic tanks or sewage disposal systems and shall not operate to repeal or affect any such ordi- nance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or instances those provisions shall be and they are hereby expressly repealed. SECTION VII. Any person, firm, association, or corpora- tion found guilty of violating any of the provisions of this ordinance shall be fined in any sum of money not to exceed Two Hundred and No/100 Dollars ($200.00) , and each violation or each day that there is a failure to comply with the terms of this ordinance shall constitute a separate offense. SECTION VIII. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining por- tions of this ordinance, and the Board of Aldermen hereby declares that it would have passed this ordinance, and each section, sub- section, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the other sections, subsections, sen- tences, clauses or phrases be declared unconstitutional and invalid. SECTION IX. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. PASSED AND APPROVED this the 24th day of April, 1967 . / M • Y O R A T T E S T: k --rr it)0V-s C:721-4 72-1-4-21 City Clerk AN ORDINANCE NCE..NQ 23y} `fig Affidavit of Publication CLEANING, DRAINING OR FLUSHINGI OF ANY SEPTIC TANK OR ANY OTH- SYSTEMP WITOHIN S THE CORPORATE I THE STATE' aF TEXAS FALLS, PROVIDINCIT FOR T EICSSU-' ANCE OF LICENSES FOR THE PER_ COUNTY OF WICHITA. FORMANCE OF SUCH ACTS OR SERV- 1 ICES AND PRESCRIBING THE FEES./ AND TERMS OF THE LICENSES; PRO May HIBITING THE EMPTYING OR CLEAN-1 !1 �� ING OF EQUIPMENT USED IN PER_ On tl).LS - day of FORMING SUCH ACTS OR SERVICES' IN ANY PLACE OTHER THAN AS DES-' W I C H ID B FALLS DIRECTOR OF THE 1967 the undersigned ed authorit HEALTH DEPARTMENT; - COUNTY A.D. 1.967 personally appeared before me, gn y THIS ORDINANCE CUMULATIVE I OF ALL OTHER ORDINANCES AFFECTING 1Sat er1.P.t? Parris,., bookkeeper SEPTIC TANKS OR SEWAGE DISPOSAL SYSTEMS EXCEPT IN THOSE IN- I STANCES IN WHICH A CONFLICT EX- ISIS; PROVIDING FOR A PENALTY CLAUSE; PRESCRIBING A SAVINGS for t'ale Times Publishing Company of Wichita Falls, publishers of the CLAUSE AND FIXING THE EFFECTIVE NOW, THEREFORE, ITEORDAINED Wichita Falls Retard News, a newspaper published at Wichita Falls in THE CfITY OF WICHITA FALLS,, TEXAS, THAT: Wichita County, Texas, and upon being duly sworn by me, on oath states SECTION I. No person, firm, associa- tion, or corporation shall clean out,drain, or flush any septic tank or any other type that the attached.advertisement is a true and correct copy of advertising of sewage disposal system within the cor- porate limits of the City of Wichita Falls unless such person, firm, published in_..., One issues thereof an the following I dation or corporation is licensed by the i City of Wichita Falls to perform such acts or services, dates j SECTION II. Licenses may be a lied Nay ,967 for by filing an application form, w 1.13'J • shall be furnished and which I Wichita Falls City-County prescribed by the , ment, with the Health Depart- Falls City-County w Director of the Wichita Health Department. The ' Director shall issue a license when he isl �h --�� ^�"�1 satisfied the applicant hashasequaTe and proper equipment, and Bookkeeper for Times Publishing Company knowledge of septic tank sufficient age disposal °r other sew_ pt I system construction and op- eration, of Wichita Falls Times clean out, drain or flush such I SECTION systems In a Isafe and competent manner. I corporations applying persons, firms, or ,Subscribed and sworn to before me this the day and year first above Ithis Act for a license under ed and fixed places of business s in tithe I a 1 I City of Wichita Falls. written. SECTION IV. The license fee shall be calculated on the basis of Fifty �°1 No/100 Dollars Y and s _�J'� �_""" vehicle used I$50be for each motor duct of or to be used in the con- �g tC2 e• the licensed business. The fee • shall be paid to the Director of the Wich- ita Falls City-County Health Department. t a .-.,. Each license shall be - �' c'?'!- - ,,..{„, number numbered and the ^r.- painted on each license shall be plainly! •— t ' hide sidh of each motor ve- covered by the license. Licenses granted under this ordinance shall be for oaf period of one year,or a fraction there- said year to be concurrent with the fiscal year of the City of Wichita Falls. The full license fee shall be payable for any fraction of a year. The license shall I SECTION VIII. If any section, subset- be revokable and non-transferable. SECTION V. The Director of the Wich- I ,ordinanceeIs forlany reasonrheld°tolhbe', eta Falls City-Cauniy Health Department shall designate approved locations for The 'unconstitutional or invalid by any court emptying and cleansing of all equipment ,of competent jurisdiction, such decision used in the performance of the ! shall not affect The validity of the re- rendered under the license herein maining portions of this ordinance, and ed for, and It shall be proved- the Board of Aldermen hereby declares of for a violation That it would have of f corporation persons, firm, association e or I passed this ordinance, to empty or clean such land each section, subsection, sentence,�, ment ai a P ny place other than a lace so douse and phrase thereof, irrespective of designated. The fact that any one or more of the SECTION VI. This ordinance shall be,and ! lo T h e r sections, subsections, sentences, is hereby declared to be, cumulative p} ii or phrases be declared unconsti-', all other ordinances of the City ; tutional and invalid. it s Falls, Texas, affecting septic mks SECTION IX. This ordinance shall take j sewage disposal systems an I effect and be in full force and effect' operate to repeal and shall not I from and after the date of its MAY- ordinance or ordinances except nsofaruch, and Passage publication as provided by law- the provisions of such ordinance as PASSED AND APPROVED this the 24th dinances are inconsistent or in conflict` �OR oA TPEST12s-Wilma CJ.RThomas,�Cityl with the provisions of this ordinance, in! ,Clerk. which instance or Instances those provi-I _ lions shall be and they are hereby ex- pressly repealed. SECTION VII. Any person, firm, asso- ciation, or corporation found guilty of vio- acing any of the provisions of this ordi- nonce shall be fined in any sum of money not to exceed Two Hundred and No/100 • !Dollars (S200.00), and each violation or each day that there is a failure to comply with the terms of this ordinance shall constitute a separate offense. SECTION VIII. If any section, subsec-j lion, sentence, clause or phrase of this I ordinance Is for any reason held to be I unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the re-I maining portions of this ordinance, and the Board of Aldermen hereby declares that it would have passed this ordinance,j and each section, subsection, sentence,' clause and phrase thereof, irrespective of tht h e fact e rt that any one or more of the sections, subsections, sentenr„, clauses nr „1,..___