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HomeMy WebLinkAboutOrdinance 1785 ORMIUNCE NOs AN ORDINANCE AMENDING CRDINANCE NO. 1769 DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, AND L PROVIDING FOR LI03NSJDTG AND RE `PING THE SALE AT PUBLIC AUCTION OF JBIBI Y, DIAMONDS OR OTHER PRECIOUS CR SE111-PRECIOUS STONES, WATCHES, CLOCKS, PICTURES, PAINTINGS, GOLD OR SILVER WARE OR PLATED WARE, RUGS, CARPETS, TRUNKS, SUITCASES, SATCHELS, CURIOS, BED SPR"W, TABLE COVERS, TABLE CLOTHS, NAPKINS, DOILIES, SHAWLS, STATIONERY, GLASS kARE, PCRCELAIN AND BRIG-A- BRAC, ANND PROVIDING THE MODE AND MANNER SUCH AUCTION SALES SHALL BE CONDUCTED AND THE HOURS SAID AUCTION SALES MAY BB CONDUCTED, AND PRESCRIBING PENALTIES, AND PROVIDING FOR AN a=GPNCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That Ordinance No. 1769, duly passed by the City Council of the City of Fort Worth, be and the same is hereby amended to hereafter read as follows: SECTION I. That it shall hereafter be unlawful for any person, firm or corporation to sell, dispose of or offer for sale in the City of Fort Worth, at public auction, or oause or permit to be sold, disposed of, or offered for sale at public auction within the City of Fort Worth, jewelry, diamonds or other precious or semi-precious stones, watches, clocks, pic- tures, paintings, gold or silver ware or plated ware, rugs, carpets, trunks, .suitcases, satchels, curios, bed spreads, table covers, table cloths, napkins, doilies, shawls, stationary, glass ware, porcelain or brio-a-brae, whether the same shall be his own property or whether '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 provisions of this ordinance and obtaining and having a license issued by the Assessor and Collector of Taxes of the Gity of Fort Worth, Texas, pro- vided, however, that this ordinance shall not apply to judicial sale or sales made by executors or administrators or to sales by trustees, mort- gages, or assignees under the terms of any instrument given to secure a bona fide indebtedness under which he exercises the power of sale, nor to sales made by or in behalf of licensed pawn brokers of unredeemed pledges, nor to sales of unclaimed freight or express as provided by law, nor to sales by sheriffs, constables, or other officers as provided by law, nor to any other particular kind of auction sale expressly authorized by the laws of Texas or by the laws of the United States. SECTION II. That any person desiring to hold an auction sale or sales for the purpose of the sale of any of the goods hereinabove described, shall make application to the Assessor and Collector of Taxes of Fort North as herein provided for a license therefor, and the said Assessor and Col- lector of Taxes shall issue to any such person a license upon his comply- lag with the terms of this ordinance, such a license to be made for a period of time to be designated therein, provided that no lie 8� 9 shall be issued for a longer period than one year from date thereof.\ SMIMON MIS. Said application for a license shall be in writing, signed and sworn to before a notary public of Tarrant County, Texas, stating the name of the applicant, his residence, the street and number of the proposed place of sale or sales, 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 or businesses were conducted, and the length of time conducted. SECTION IV. Said application for a license shall 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 made by the president, general manager, secretary or treasurer. No goods mentioned in this ordinance shall be sold at such auction sale except that referred to and included in such inventory. t � SECTION V. That any person desiring a license shall in addition to comply- ing with the provisions of this ordinance and before a license shall be iseaed, furnish a bond to the City of Fort Worth duly executed by such ap- plicant as principal in the sum of $5,000.00, which bond shall be payable to the City of Fort Worth at Fort Worth, Texas, to be approved by the As- sessor and Collector of Taxes of this city, and conditioned that the said principal shall pay all loss and damage which may lawfully be claimed against him on account of any material misrepresentation of fact or any material suppression of fact concerning the goods to be auctioned at any such sale or auctioned at any such sale, or which may grow out of viola- tion of any of the provisions of this ordinance. Such bond shall inure to the benefit of any and all persons who sustain any loss or damage on account of any such misrepresentation or violation of this ordinahce and any such persoa-wustata3sg aag-sao Ices or damage may bring auit In any- court of competent jurisdiction in Tarrant County, Texas, to recover the same, and the provisions of said bond shall be construed liberally in favor of all such persons sustaining such loss or damage. All remedies upon or under such bond herein providedi shall be in addition to and cumulative of all other remedies the parties may have at law or in equity for recovery of any such losses or demges. 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 Texas. Cumulative recoveries may be had on said bond to the full amount thereof. SECTION VI, That before any license shall be issued, the applicant shall pay to the City of Fort Worth a license fee of $25.00. SECTION VII. It shall be unlawful for any person acting as auctioneer to make any material misrepresentation of fact or any material suppression of fact concerning the goods to be auctioned at such sale or auctioned at such sale or any other material misrepresentation of fact whatsoever as to the quality, or quantity, or character or prevent condition or value or cost or general r-- a selling price of any goods within the purview of this ordinance offered for disposal by auction sale or sold at auction sale. SECTION VIII. It shall be unlawful for any person to act as by-bidder or what It Comlhonly known as "eapper" or "booster" at any such auction or place where any such auction shall take place, or to offer or make any false bid or to offer any false bid to buy or pretend 'to buy any goods sold or offer— ed for sale at any such auction. SECTION IX. It shall be the duty of the person, firm or corporation whose goods are thus being sold at public auction 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. Duplicate copies of said invoice shall be kept. SE =OE X. The term "person" as used in this ordinance shall include any person, firm or association of persons or any corporation or their agents, servants or employees. SECTION XI. That any person, firms association of persons, or any corpora- tion, their agents, servants or employees, violating any of the provisions of this ordinance shall, upon conviction in the Corporation Court of Fort Worth, Texas, or in any court to which such case is appealed, be fined in any sum not less than Fifty Dollars ($50.00) nor more than Two Hundred hollers (0E00.00). Each and every sale in violation of this ordinance shall be deemed to be a separate offense. SECTION XII. No auction sale shall be held or conducted on any public vacant lot, pub}ic street, public sidewalk, public alley, or public square or public plaaa in this city. r { SECTION XIII. In event the application provided for in this ordinance is refused by the Assessor and Collector of Taxes, the applicant shall have the right to appeal to the City Council of the City of Fort Worth. SECTION XIV. No auction sale or sales, for the purpose of the sale of any f of the goods hereinabove described, shall be held or conducted between the hours of six p. m. on one day and eight a. m. on the following day. SECTION XV. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Fort Worth affecting transients, itinerant vendors and temporary businesses, and shall not operate to� re- peal or affect any such ordinance or ordinances except insofar as the pro- visions of such ordinance or ordinances are inconsistent or in confliet with the grDvisions of -Aw whi"-instance or instanaes those pro- visions shall be and they are hereby repealed. SECTION XVI. Should any portion or part of this ordinance be held for any reason invalid or unenforcible, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect, and it is expressly declared by the City Council of the City of Fort Worth that 1n the event any portion or section of this ordinance is invalid or unenforcible, that the remaining portions of the same would be passed with such invalid or unenforoible provisions, if any, omitted. SECTION XVII. WRMPA5, on account of promiscuous auotion sales made by travel- ing auctioneers, as well as on account of the many aots of fraud, extortion and oppression growing out of misrepresentations and deceit practiced at auction sales on the public by unregulated auctioneers engaged in the selling of the goods above described, there is created an urgency and emergency in • + it behalf of the preservation of the public peace, health and safety and re- quires this ordinance to become effective upon its passage and publication. It is accordingly so ordained that this ordinance shall become effective immediately upon its passage and publication as required by law. APPR AS TO FORM AND =.- City httorney ORDINANCE No. Date_ Filedofw.--- 19 _ ,• l City gocrewy