Chapter 4: Commerce
SEC. 1: STREET RENTAL TAX
A. Street Rental Tax Levied
All persons, firms, partnerships or corporations doing business under a franchise granted by the City of Electra, Texas, for the sale or service of electricity, gas or telephone services shall pay to said city for the use of the streets, alleyways and thoroughfares a sum of money that shall be equivalent to three percent (3%) of the gross receipts received by said utility company (which shall hereinafter be referred to as utility company, whether same be an individual, partnership or corporation) from the sale of its gas, electricity or telephone services to domestic and commercial consumers or users within the city limits of said city (expressly excluding, however, receipts derived from sales to governmental users and consumers within said city). said gross receipts payments are to be computed from January 1 to December 31, and shall be payable on or before the 31st day of January following the year for which it has been computed, and shall continue from year to year unless otherwise amended, modified or changed by the City Commission of the city of Electra, Texas, the Legislature of the State of Texas, or any court of competent jurisdiction.
B. Three Percent Gross Receipts tax in Lieu of Other Taxes or Charges
The aforesaid annual payment shall be in lieu of any and all other additional occupation taxes, easement and franchise taxes and charges, in lieu of any municipal license, street taxes and street and alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees and rentals of whatsoever kind and character which said city has imposed, or may hereafter be authorized to levy and collect, excepting only the usual general or special ad valorem taxes which said city is authorized to levy and impose upon real and personal property, and those charges and inspection fees levied by the City of Electra for services provided to those persons, firms, partnerships or corporations designated in subsection A of this Section.
C. Gross Receipt Report to be Filed
In order to determine the gross receipts received by a utility company from the sale of gas, electricity or telephone services within the corporate limits of the city, each utility company shall file with its payment of said tax a sworn report showing the gross receipts it has received from the sale of its services within the corporate limits of said city for the calendar year preceding the date of payment. The City of Electra reserves the right and privilege if it so chooses to have the books and the records of each utility company examined by a representative of said city to ascertain the correctness of the sworn reports called for herein.
(Ordinance of March 12, 1957; Ordinance No. 84-2 of January 10, 1984)
SEC. 2: FAIR HOUSING REGULATIONS
A. Declaration of Policy
It is hereby declared to be the policy of the city to bring about through fair, orderly and lawful procedures, the opportunity of each person to obtain housing without the regard to race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
It is further declared that such policy is established upon a recognition of the inalienable rights of each individual to obtain housing without regard to race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, age; and further that the denial of such rights through considerations based on race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes and unjust denial or deprivation of such inalienable rights which is with in the power and the proper responsibility of government to prevent.
As used in this Section the following words and phrases shall have the meanings respectively ascribed to them in this Section unless the context requires otherwise:
Age means the calendar age of an individual eighteen (18) years of age or over.
Creed means any set of principles, rules, opinions and precepts formally expressed and seriously adhered to or maintained by a person.
Director means the director of the human relations department or authorized assistant.
Discriminatory housing practice means an act which is unlawful under this Section.
Dwelling means any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as, a residence by one or more persons and any vacant land which is offered for sale or lease for the construction or location thereof of any such building, structure or portion thereof.
Family means a single individual or group of individuals living together under one common roof.
Major life activities means functions such as, but not limited to, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Marital status means an individual's status as a single, married, divorced, widowed or separated person.
Parenthood means a person's status as a parent or legal guardian of a child or children under the age of eighteen (18.
Person means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
Physical or mental handicap means any physical or mental impairment which substantially limits one or more major life activities.
Physical or mental impairment shall include:
(1) Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems :neurological; musculoskeletal; special sense organs; respiratory including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.
To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
Senior adult means a person fifty-five (55) years of age or older.
C. Interpretation and Effect
This Section shall in no way be interpreted as creating a judicial right or remedy which is the same or substantially equivalent to the remedies provided under Title VIII of the Civil Rights act of 1968, as amended or the Federal Equal Credit Opportunity act (15U.S.C. 1691). all aggrieved parties shall retain the rights granted to them to Title VIII of the Civil Rights Act of 1968, as amended and the Federal Equal Credit Opportunity Act. In construing this Section, it is the intent of the City Council that the court shall be guided by Federal Court Interpretations of Title VIII of the Civil rights act of 1968, as amended, and the Federal Equal Credit Opportunity Act, where appropriate.
D. Discrimination in the Sale or rental of Housing
Except as exempted, it shall be unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of, or otherwise make unavailable, or deny a dwelling to any person because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(2) To discriminate against any person in the terms, conditions, or privileges of a sale or rental or a dwelling or in the provision of services or facilities in connection therewith because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(3) To make, print or publish or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or an intention to make any such preference, limitation or discrimination.
(4) To represent to any person because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(5) To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
E. Discrimination in Housing Financing
It shall be unlawful for any bank, building and loan association, insurance company, or other person whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying there for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of the race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age of such person or such persons associated therewith or because of the race, color, creed, religion, sex national origin, physical or mental handicap, marital status, parenthood, or age of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings for which such loan or other financial assistance is to be made or given.
F. Discrimination in Providing Brokerage Service
It shall be unlawful for any person to deny another person access to membership in, or participation in any multiple listing service, real estate brokers' organization, or other service, organization or facility relating to the business of selling and renting dwellings or to discriminate against another person in the terms or conditions of such assesses, membership or participation, on account of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
G. Unlawful Intimidation
It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any individual, group or business because such individual, group or business has complied with the provisions of this Section or has exercised in good faith rights under this Section, or has enjoyed the benefits of this Section, or because such individual, group, or business has made a charge in good faith, testified in good faith or assisted in good faith in any manner in any investigation, or in any proceeding hereunder or has made any report to the director.
H. Exemptions and Exclusions
(1) Nothing in this Section shall apply to:
(a) Any single-family house sold or rented by an owner, provided that:
(i) Such private individual owner does not own more than three (3) single-family houses at any one time; and,
(II) If the owner does not reside in the house at the time of the sale or was not the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four (24) month period; and
(iii) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such person's behalf, under any express voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three (3) such single-family houses at any one time; and,
(iv) The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting of dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and
(v) The sale or rental is made without the publication, posting or mailing of any advertisement or written notice in violation of this Section; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
(b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(2) For the purposes of paragraph (1) above, a person shall be deemed to be in the business of selling or renting dwellings if:
(a) He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or,
(b) He is the owner of any dwelling designed or intended for occupancy by or occupied by, five (5) or more families.
(3) Nothing in this Section shall prohibit a religious organization, association or society or nonprofit institution or organization or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(4) Nothing in this Section shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members, or from giving preference to its members.
(5) Nothing in this Section shall bar any person from owning and operating a housing accommodation in which rooms are leased, subleased or rented only to persons of the same sex, which such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.
(6) Nothing in this Section shall prohibit the sale, rental, lease, or occupancy of dwelling designed and operated exclusively for senior adults and their uses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap and marital status.
(7) Nothing in this Section shall bar a person who owns, operates or controls rental dwellings whether located on the same property or on one or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided however, in the event that said reserved area is completely leased or rented, the person owning, operating, or controlling said rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant's status as parent or any other of the protected classifications set forth in this Section.
No person shall violate any provision of this Section, or knowingly obstruct or prevent compliance with this section.
The director of the human relations department shall have the responsibility of administering and implementing this Section. The director may delegate the authority to investigate and conciliate complaints to other designated city employees.
(1) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereinafter referred to as the "charging party") may file a compliant with the director. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The director shall prepare complaint forms and furnish them without charge to any person, upon request.
(2) The director shall receipt and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of title VIII, Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to paragraph (1) above.
(3) All complaints shall be filed within one hundred eighty (180) days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the director shall provide notice of the complaint by furnishing a copy of such complaint to the person named therein (hereinafter referred to as the "respondent") who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The respondent may file an answer to the complaint within fifteen (15) days of receipt of the written complaint.
(4) All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.
(5) If at any time the director shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed a discriminatory housing practice as to which no compliant has been filed or is about to be filed, the director may prepare and file a complaint upon his own motion and in his own name and such compliant shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.
L. Investigation and Conciliation
(1) Upon the filing or referral of a complaint as herein provided, the director shall cause to be made a prompt and full investigation of the matter stated in the compliant; provided, however, that before any charge becomes accepted for investigative purposes, the director or an investigator shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said charge comes within the provisions of this Section. In the event such review results in the determination that a particular charge does not come within the provisions of this Section, the charging party shall be given a clear and concise explanation of the reasons why it does not.
(2) If the director determines that there is not probable cause to believe that a particular alleged discriminatory housing practice has been committed, the director shall take no further action with respect to that alleged offense.
(3) During or after the investigation, but subsequent to the mailing of the notice of complaint, the director shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and to obtain adequate assurance of future voluntary compliance with provisions of this section. Nothing said or done in the course of such informal endeavors may be made public by the director, the commission, the investigator, the conciliator, the charging party or the respondent, or be used as evidence in a subsequent proceeding without the written consent of all persons concerned.
(4) Upon completion of an investigation where the director has made a determination that a discriminatory housing practice has in fact occurred, if the director is unable to secure from the respondent an acceptable conciliation agreement, then the Human Relations Commission of the city must, upon a majority vote, refer the case to the city attorney for prosecution in municipal court or to other agencies as appropriate. With such recommendation of the director and the referral of the Human Relations Commission, the director shall refer his entire file to the City Attorney. The City attorney shall, after such referral, make a determination as to whether to proceed with prosecution of such complaint in municipal court.
If a discrimination housing practice is found to have in fact occurred and the case has been referred to municipal court, the respondent shall be assessed a penalty of five hundred dollars ($500.00) per violation.
(Ordinance No. 94-8B of December 13, 1994; Ordinance No. 2000-04 of May 23, 2000)
SEC. 3: AUTO SALVAGE YARDS
A. License Required to Operate
No automobile salvage yards shall be operated within the corporate limits of the City of Electra, Texas, without first having complied with the provisions of this Section as hereinafter set forth and without procuring a license as shall be hereinafter required.
B. Application for License
Each applicant for a license as a salvage or junk dealer shall file with the City Manager of Electra, Texas, a written application for license, which said application shall include the following:
(1) The name and address of each applicant; if a partnership, the names of all partners must be included; if a corporation, the names and addresses of the officers, the officer on whom service of process might be had, and the address of said corporation.
(2) A full legal description of the premises to be used in the operation of such business.
(3) The type of building or buildings that are to be erected on said site; a statement by the applicant that said applicant is familiar with all of the provisions and restrictions of this Section.
(4) That the applicant is of good moral character and has not been convicted of a felony or of any crime involving moral turpitude.
C. License Fee and Renewal of License
The fee for the issuance of such a license shall be the sum of ten dollars ($10.00)
payable to the General fund of the City of Electra, Texas. such license shall be issued on an annual basis, concurrently with the fiscal year of the City of Electra, Texas. All such salvage yard or junk dealers must have a license issued by the City of Electra, Texas, after July 1, 1967 and must have said license renewed from year to year so long as said business is operated.
D. General Construction Requirements for Yard
Any such salvage yard or junk dealer must maintain a yard of at least 20,000 square feet. said yard must be so graded as to provide complete drainage so that casual water will not stand. Said yard must either be hard surfaced or have at least four inches of hard packed gravel as a base. Said yard must be completely enclosed by a substantial fence at least five feet in height, said fence to be of either solid boards or solid materials or of the type known as cyclone or wire mesh.
E. Restrictions on Stacking of Vehicles in Yard
All automobiles, truck or motor vehicle bodies stored or stacked on said lot shall be stacked in a neat manner so as to allow complete drainage and so that no stagnant pools of water may collect in any automotive or vehicle body. sufficient room shall be allowed between the various rows or stacks so as to allow air space between same, and sufficient room allowed from one to the other so that inspection can be made of each vehicle body, and no debris shall be allowed to accumulate around said stacks or rows so as to furnish a breeding ground or haven for snakes or rodents.
F. Records to be Kept
The operator or manager of such yard shall keep a complete record of all purchases made, setting out in detail the date or purchase, the material purchased, from who same is purchased, and the consideration paid for such material purchased. Records shall also be kept of all sales or dispersal from said yard, showing the materials sold, the date of said sale, and to whom said sale was made. These records shall be made available to the Chief of Police or one of his officers upon request.
G. Inspections of Premises and Records
The Chief of Police of the City of Electra, Texas, or any member of the city Police Department shall have the privilege of making an examination of said salvage yard at any time, and such books and records shall be made available to said inspecting officer.
H. Purchase From Intoxicated Persons and Minors Prohibited
No salvage yard operator shall make any purchases from an intoxicated person; or from a minor except upon written consent of the parent or guardian of said minor, and in the event such a purchase is made from a minor, said instrument of consent must be kept and maintained by said salvage yard operator for at least six months following said purchase, and a note must be made on the book or registry of purchases that same was made from a minor.
I. Penalty for Violations
Any person, firm or corporation violating any of the provisions of this Section shall be deemed guilty of a misdemeanor and shall be deemed guilty of a separate offense for each day or portion thereof during which any violation is committed, continued or permitted, and upon conviction, any such violation shall be punishable by a fine of not less than $5.00 nor more than $500.00.
(Ordinance No. 2000-04 of May 23, 2000)
J. Cancellation of License for Numerous Violations
If any one person, firm or corporation shall be convicted as many as three times in one calendar year for violation of this Section, same shall be prima facie evidence that said person, firm or corporation is not a desirable licensee, and the license issued by the city of Electra to operate said business shall be canceled.
(Ordinance of May 9, 1967)
SEC. 4: JUNK AND SECOND HAND DEALERS
Unless it appears from the context that a different meaning is intended, the following words shall have the meaning attached to them by this Section:
(1) The word "Junk" is herein used in its ordinary and usual trade terms, but it shall also include and mean every and all metallic substances (except precious metals) handled or offered for sale by dealers in junk and shall mean and include second hand plumbing and electric fixtures, wire, globes, brass, or lead pipe, melted metals of any kind, such parts of machinery or machines as may be positively identified, any fixture or fixtures pertaining to a residence or business house, automobile accessories, including horns, prestolite tanks, tires and all detached parts of any automobile, motorcycle or bicycle; the enumeration of the articles shall not be held to exclude other articles that may be reasonable included under the general definition of junk, when given its usual trade meaning.
(2) The term "Junk Dealer" is herein used in its ordinary and usual trade meaning and acceptance, and shall also mean and include any person or persons, firm, partnership or corporation engaged in collecting, handling, buying or selling of any of the articles mentioned in paragraph (1) of this subsection, and all persons engaged in the buying and selling of goods, wares and merchandise of which junk as herein defined is a part, shall be held to be junk dealers within the meaning of this Section.
(Ordinance of June 27, 1928)
B. Records to be Kept
Every junk dealer or keeper of a junk shop, or dealer in second hand goods, shall deep at his place of business a register in which he shall enter in writing a minute description of all property taken, purchased, or received by him, together with the time, and name of place of residence (giving street number if within the city) of the person from whom said property is purchased, together with the signature of seller, which register shall be kept clean and legible. He shall make such entry within one hour of the receipt of purchase of such property. Said dealer shall not dispose of goods purchased within seventy-two hours after purchase so that same may be inspected by the police of said City. Every entry shall be made in ink and shall not in any manner be obliterated or erased. It shall be the further duty of every junk dealer or keeper of a junk shop, or dealer in second hand goods, to make out and deliver to the Chief of Police every day, before the hour of 12 A.M, a legible and correct copy from said register or personal property purchased during the preceding day, together with the time when received or purchased, and a description of the person or persons from whom the same were purchased. Providing, that no junk dealer or deeper of a junk shop, or dealer in second hand goods shall be required to furnish such description of household goods purchased from persons at their residences or of any property purchased from persons having an established place of business in said City, or goods sold at public sale, but such goods must be accompanied by bill of sale or other evidence of open and legitimate purchase and must be shown to the Mayor or any member of the police department when demanded.
C. Records to be Made available for Inspection by City
Said register, so kept by said junk dealer or keeper of a junk shop, or dealer in second hand goods, shall at all times during business hours be kept open to inspection of the chief of Police of said city, or any officer of the police force of said City, and any one authorized in writing for that purpose by the Chief of Police, which authority shall be exhibited to the junk dealer or keeper of any junk shop, or dealer in second hand goods shall upon request show and exhibit to such person or officer for inspection of any article or articles purchased by him.
D. Purchases From Minors and of Stolen Property Prohibited
No junk dealer or keeper of a junk shop, or dealer in second hand goods, shall purchase or receive any article of property from a minor or owned by any minor, or stolen property, or property which for any cause he may have reason to believe or suspect cannot be lawfully or rightfully sold by the person offering it.
E. Regulating Hours Purchases May be Made
No junk dealer or keeper of a junk shop, or dealer in second hand goods, shall purchase, take or receive from any person any article of property between the hours of 9:00 p.m. and 6:00 a.m.
F. Penalty for Violations
Any junk dealer or keeper of a junk shop, or dealer in second hand goods, who shall violate, fail, neglect, or refuse to comply with any of the provisions, regulations, or requirements of this section shall be deemed guilty of a misdemeanor and upon conviction be fined not less than $10.00 nor more than $500.00.
(Ordinance of August 12, 1935; Ordinance No. 2000-04 of May 23, 2000)
SEC. 5: DANCE HALLS AND PUBLIC DANCES
A. Public Dance or Public Dance Hall Defined
The term public dance or public dance hall as used in this Section shall be taken to mean any dance hall to which admission can be had by payment of a fee or by purchase, possession or presentation of a ticket or token, or in which a charge is made for caring for clothing or other property, or nay other dance to which the public generally may gain admission with or without payment of a fee. the term public dance hall as used herein shall be taken to mean any room, place or space in which a public dance or public ball may be held, or an academy in which classes of dancing are held and instruction in dancing is given for hire.
B. License Required for Public Dances or Classes
It shall be unlawful to hold any public dances or public ball or to hold classes of dancing within the limits of the city of Electra until a license, as hereinafter provided, shall have been granted for holding said public dances or ball or dancing lessons in the dance hall in which same may be held. The application for such license shall be made in writing by the owner or lessee of such hall and presented to the city Manager. The city manager may make such investigation as he desires or refer said applications for dance hall licenses to the Chief of Police, who shall investigate the application, or cause same to be investigated, to determine whether the dance hall sought to be licensed complies with the regulations, ordinances and laws applicable thereto, as hereinafter set out, but in making such investigation, the City Manager or the chief of Police, if they so desire, shall have the assistance of the Health Department, fire Department, or either of them. After such investigation, the City Manager shall determine whether or not to grant said license. Each license granted hereunder shall expire on the 1st day of May of each year and licenses shall be posted in a conspicuous place in the hall in which the dance is held. Each license shall, by its terms, be made subject to revocation as herein provided. The annual license fee shall be $50.00.
C. Refusal of Licenses
No license for a public dance hall shall be issued until it shall be found that such hall complies and conforms to all ordinances and health and fire regulations of the City; that it is properly ventilated, and that it is supplied with efficient toilet conveniences and is a safe, moral and proper place for the purpose of which it is to be used, and provided that no license for any public dance hall shall be issued by the City Manager to the owner or lessees applying for such license whose moral character and reputation is bad. said licenses shall not be transferable.
D. Revoking Licenses
The license of any public dance hall shall be forfeited or revoked by the City manager for disorderly or immoral conduct on the premises or for the violation of any of the rules, regulations, ordinances and laws governing or applying to public dance halls or public places. If at any time the license of a public dance hall shall be forfeited or revoked, at least six months shall elapse before any license or privilege shall be granted on the premises.
E. Dance Halls to be Sanitary
All dance halls shall be kept at all times in a clean and healthful and sanitary condition, and all stairways and other passages connecting with the dance hall shall be kept open and well lighted.
F. Authority to Stop Dance
The Police shall have the power, and it shall be their duty to cause the place, hall or room where any dance or ball is held or given to be vacated when any provision of any ordinance with regard to public dances and public dance halls is being violated, or whenever any indecent act shall be committed or when any disorder of a gross and vulgar character shall take place.
G. Hours of Dancing Regulated
All public dances shall be discontinued and all public dance halls shall be closed on or before the hour of 1:00 a.m.
The provision of this Section shall in no way interfere with private dances given at the private homes of reputable people or with dances given by reputable and permanently organized clubs, societies, or corporations, where the attendance is restricted to the members of the society, club or corporation or to guests of the club, admitted by individual invitation only, and from whom no fee or payment of any kind has been or will be exacted before, during or after the dance.
Any misrepresentation of any person, persons, club or organization for the purpose of avoiding the provisions of this Section shall be considered a misdemeanor, and will subject the offender or offenders to the conditions of subsection I herebelow.
I. Penalty for Violations
Any person, persons, society, club or corporation, who shall violate any of the provisions of this Section shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than $25.00 nor more than $500.00 for each offense.
(Ordinance of April 11, 1938; Ordinance No. 84-2 of January 10, 1984; Ordinance No. 2000-04 of May 23, 2000)
SEC. 6: TENT SHOWS
A. Permit Required for Tent Shows
It shall hereafter be unlawful for any firm, corporation, association or person or persons to hold, sponsor, operate, conduct or manage any circus, theater, show, carnival, exhibition, meeting, gathering or assemble of any kind in or under any tent, canvas, wall or temporary structure of any kind within the corporate limits of the City of Electra, Texas, unless a permit to hold such has first been obtained from the City Manager of said City, and such permit shall be issued only when a proper application in writing has been made therefore. Such application shall state in detail the character and different component parts of such circus, theater, carnival, etc., including all concessions, shows, amusements, business and meetings in connection therewith; the proposed location of same; the time it is to run and the number of persons regularly traveling therewith, and where shows or exhibitions travel on railroads; the number of cars required to transport same, and where such shows, carnivals or exhibitions travel by automobile, trucks or other conveyances, the number of such required to transport the same.
B. Permit Fee
The applicant for permit above provided for, if the City Manager determines that said permit shall be issued, shall pay to said City an occupation tax of $25.00.
C. Refusal to Grant Permit; Revocation of Permit
If such proposed circus, theater, carnival, show or exhibition or meeting consists in whole or in part of any unlawful games or enterprises of any kind, the permit shall be refused, and if permit is issued to any circus, theater, carnival, show or exhibition or meeting and it conducts itself in any unlawful manner in whole or in part, its permit may be canceled and revoked by the City Manager, and all fees paid shall be forfeited to the City.
D. Regulating Location of Tent Shows
It shall be unlawful for any tent, theater, circus, or other exhibition or meeting with or without a charge for admission, showing in a tent or tents, to erect tents for such purpose, or after the erection of such tents to operate such theater, circus, or exhibition or hold such meeting within three hundred (300) feet of any private residence, store building, church or school building or any other edifice used for public purposes, or used for business or residential purposes, within the corporate limits of the City of Electra. Any person guilty of violating this subsection shall be punished by a fine of not less than $25.00 nor more than 500.00, and each time that said theater, circus or other exhibition or meeting operates or exhibits shall constitute a separate offense.
(Ordinance of March 23, 1927; Ordinance of January 9, 1933; Ordinance No. 84-2 of January 10, 1984; Ordinance No. 2000-04 of May 23, 2000)
SEC. 7: VEHICLES FOR HIRE
A. Definitions and Rules of Construction
Unless it appears from the context that a different meaning is intended, the following words shall have the meaning attached to them in this section as follows:
(1) The City or said CITY shall be held to mean the City of Electra, Texas.
(2) STREET shall mean and include any street, alley, avenue, lane, public place or highway within the corporate limits of the City
(3) PERSON shall include any street, alley, avenue, lane, public place or highway within the corporate limits of the City.
(4) AN AUTOMOBILE FOR HIRE or AUTOMOBILE shall include every automobile, taxicab, omnibus, or other similar motor driven vehicle which is used or operated for the business of practice of carrying passengers for hire, on the streets of this City, and shall include any automobile employed in any business or practice of using said streets for the purpose of carrying passengers for hire.
(5) INTERURBAN AUTOMOBILE FOR HIRE shall mean any automobile operated for hire from within the limits of the city of Electra, Texas, to points without said city limits, or from points without said limits to points within said city limits for the purpose of carrying passengers for hire, and which said vehicle is not operated within the city limits of the City of Electra for the purpose of carrying local passengers within and between local points within said city limits.
Pronouns in the masculine gender shall include the corresponding work in the feminine or neuter gender.
B. License and Bond Required
(1) It shall hereafter be unlawful for any person to keep, use or operate on any street, or to lease, rent or hire to another to be used or operated on any street or streets within the corporate limits of the City of Electra, any automobile for hire or any interurban automobile for hire unless a written license and bond of assurance for such automobile as herein required shall have first been obtained, by the person owning or controlling such automobile for hire or interurban automobile for hire, and unless such license and bond of assurance shall be in effect at such time.
(2) Every automobile for hire, or interurban automobile for hire shall remain on the stand or in the garage designated in license, when not employed and shall not change such stand or garage unless, and until the stand or location thereof has been duly changed on the records of the City Manager of said City.
C. License Fees
For each automobile for hire, or each interurban automobile for hire, so owned or controlled or operated in carrying passengers for hire, there shall be paid to the city Manager, for the use of the City, an annual license fee of $25.00, the amounts received by the City for such license fees shall be deposited and kept in the street fund and all costs of traffic supervision and other expenses incident to said regulation, license and inspection shall be paid out of said fund provided, however, that in case any person having any automobile not employed in such business at the beginning of any fiscal year, shall during such year desire license for such vehicle, then such license shall issue for the remaining part of such fiscal year and the license fee shall be prorated according to time; but such payment shall not in any case be less than one half (1/2) the license fee for the whole year; and, provided further, that all such licenses for the current year shall be so prorated.
D. Application for License
Every person who shall hereafter require a license to operate an automobile for hire or an interurban automobile for hire, shall file with the city Manager of said City, a written application signed by such applicant and stating:
(1) The name and place of residency, sex, age, customary calling or occupation of the applicant, and the character and value of his assets and what portion, if any, of such assets are exempt from forced sale, the liabilities of such applicant and how, if at all , such liabilities are secured and whether any other person owns any title, interest or claim in the automobile for which such license is required.
(2) The name, usual trade description, equipment, rated horse power and factory number of such automobile, and as nearly as practicable, the year in which said automobile was manufactured or first used.
(3) The rated seating capacity of such automobile.
(4) The stand or stands at which such automobile will remain while not in actual service.
(5) The kind of written assurance which said applicant wishes to furnish the City.
(6) If the applicant be a corporation, the name and place of residence of the officers of such corporation, the amount of its capital stock and amount thereof fully paid up, the character and value of its assets, its liabilities and the securities thereof, and such corporation shall file with its said application a duly certified copy of its charter and bylaws, and if it be a foreign corporation, a duly certified copy of its permit to do business in Texas.
The City Manager shall present such application to the Mayor, who may grant or, for good cause, may refuse the same. Before any such license shall be issued, the applicant shall pay the license fee required by law, and furnish to the city, for each an automobile to be licensed, a good and sufficient assurance in writing that such automobile shall be operated with due care for public safety. such assurance shall consist of a good and sufficient bond or policy of insurance to be approved by the mayor, conditioned that the holder of such license shall well and truly pay to the Mayor of said city or his successors in office, for the benefit of every person injured, or owner of property damaged, other than the licensee or his employees, operating such automobile, through the negligent operation of such automobile by the licensee or his employees, or will well and truly pay, directly to any such person or persons injured in person or property, any amount or amounts of money that may be awarded by final judgment of any court of competent jurisdiction against any such licensee on account of any such injury, not exceeding for bodily injury in the sum of $2,000.00, and not exceeding the sum of $1,000.00 for the direct and material damages to property resulting from any one accident or occasion. The said bond or policy shall provide that each cause or action shall survive in case of death or the injured person for the benefit of the beneficiaries of such person, and that such bond or policy shall be subject to successive recoveries during the time that such bond or policy shall continue in effect. the said bound or policy may be executed by sureties or insurers consisting of any solvent surety or insurance company, authorized to transact business in the State of Texas, or such bond may be executed by two or more sureties, but in such event the obligors of such bond shall attach to their bond their statement in writing, acknowledged for registration, to the effect that they own in fee simple, real estate, describing it, situated in a specified county or counties in the state o Texas, which is free from encumbrance and subject to no claim of exemption, and of an actual market value to be stated therein, or more than double the amount of such bond, and such bond for the full amount thereof shall be in said statement recite to be a lien for the benefit of the beneficiaries in said bond on such real estate, and shall be recorded in the office of the County Clerk of each county in which such real estate is situated.
Provided, however, that in the event the Mayor shall at any time and for any reason deem that any assurance given by the licensee is insufficient for the protection of the public, he may require a new or additional assurance and the licensee or the person owning operating any such automobile shall within three days after receiving written notice of such requirements provide the required new or additional assurance; and, provided further, that in the absence of special agreement, any surety or insurer may by written demand require of the Mayor that a new assurance for any such automobile be furnished by the licensee within five days, and the Mayor shall thereupon give written notice by mail to such licensee, and approval of any such new assurance, or the expiration of the five days period above provided for, shall discharge such first sureties or insurers from any liability which shall accrue after the time of the approval of such new assurance or the expiration of said period; and, provided further, that in any event any bond or policy be so canceled, upon request of the sureties or insurers because of the default of the licensee in the payment of the premium, if any, specified and provided for in such bond or policy, such cancellation shall, at the option of the Mayor, be sufficient cause for the revocation and termination of such license held by such licensee; and,
Provided further, that neither said City or any officer thereof shall be held liable for the pecuniary responsibility or solvency of any surety or insurers or in any manner become liable for any sum on account of any such claim or any act or omission relating to any such automobile, nor shall the liability of any such person owning or operating such automobile be in any manner limited or enlarged by anything in connection with this section of such license or assurance, but the persons having cause of action thereby shall be authorized to sue directly on such assurance without impleading the City; and all persons known to any surety or insurer to have been injured or damaged in the same accident and claiming damages therefor shall be parties without priority of claim on payment in any suit had or instituted on account of such matter.
(7) The stand or stands at which the automobile will remain while not in actual service, must be approved by the Mayor or City Commission of the City.
E. Fare Charges
The charges for service of an automobile for hire or other vehicle within the city of Electra, Texas, for the transportation of passengers for hire, shall not exceed the following schedule, to wit:
(1) Six blocks or less for one passenger................................... $ .50
(2) One mile or less, but more than six blocks for
one or two passengers........................................................ $1.00
(3) For each additional 1/2 mile or fraction.......................... $ .50
(4) For each additional passenger above two
(A mile herein used is defined to be sixteen ordinary city blocks)
Provided that for children under five years of age accompanied by an adult, no charge shall be made, and for children from five and not over twelve years of age, one half fare may be charged and provided for each passenger a reasonable amount of baggage of such character as valises, grips, etc. shall be carried free of charge; provided that where in answering a call for service the distance necessary to be traveled by the most direct route from the stand of the vehicle to the house or location of the patron to his destination, the charge for fare may be based on the longer distance. When vehicles are hired by the hour the following schedules may be charged, to wit:
For five passenger vehicle............................................................. $3.00/hr.
For seven passenger vehicle......................................................... $4.99/hr.
A card will be furnished by the city manager, and which shows the schedule of prices to be charged must be placed inside of all licensed vehicles in a conspicuous place.
F. Revocation of Licenses
(1) All such licenses shall be issued subject to revocation for cause, and whenever any licensee shall willfully or persistently and negligently violate or permit to be violated by any other person, any of the provisions of this Section, the Judge of the municipal court or City Recorder of said City shall be authorized to order said licensee, after three days written notice, to appear before him and show cause why such license should not be revoked; and said Judge shall at the time fixed by such notice, investigate and hear evidence concerning such violation or violations have occurred, shall have power to declare such license revoked and terminated, and after such revocation, the licensee shall not again under said revoked license, be authorized or permitted to operate as an automobile for hire or an interurban automobile for hire the vehicle described in such license, and the badge, card or license of all such chauffeurs or automobiles for hire shall also be revoked.
(2) In the case of the conviction of any person to whom a license is issued under the provisions hereof of a violation of any of the provisions of this Section, the Judge of the Municipal Court of the City of Electra, Texas, any declare the license held by such person forfeited, revoked and canceled, and the Board of City Commissioners of the City of Electra may, after notice and hearing, forfeit and revoke any interurban automobile for hire or any automobile for hire operator's license provided for herein if it is shown that the holder thereof has violated any of the provisions of this Section, or has been convicted of any offense against the laws of the State of Texas, or has charged a passenger an unreasonable fare or has made any false statement in his application for such license; and in any such case, the person whose license is forfeited shall not be eligible to secure another license within six months after the date of such forfeiture. The person holding such license shall not in the event of the forfeiture or cancellation thereof under the provisions of this Section, be entitled to any refund from the City on account of such forfeiture or cancellation.
G. Using Vehicles for Unlawful or Immoral Purposes
It shall be unlawful for any person to transport or offer to transport, or to aid or assist in transporting, directly or indirectly, any person or persons in, on, over or through the streets, alleys or public highways of the City of Electra, Texas, by means of an automobile or other vehicle, for the purpose of lewdness, assignation or prostitution, or for any other unlawful or immoral purpose.
H. Regulations to be Adhered To
It shall be unlawful for any interurban automobile for hire to carry passengers for hire between local points within the corporate limits of the City of Electra, unless they shall first comply with all the requirements of this Section applying to automobiles for hire, and any such interurban automobile for hire which shall carry passengers between local points for hire, shall be at once classified and designated as an automobile for hire also and be required to pay the additional license fee as such and to comply with all the provisions of this Section in connection therewith, and failure to do so will subject the license granted the owner or operator of such interurban automobile for hire to be revoked by the City Commission.
I. Penalties for Violations
Any person or passenger violating or failing or refusing to comply with any of the provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10.00 nor more than $500.00, and each day during which such violation, failure or refusal shall continue, shall constitute a separate and distinct offense.
(Ordinance of April 13, 1922; Ordinance No. 2000-04 of May 23, 2000)
SEC. 8: OIL AND GAS WELL REGULATIONS
A. Person, Firm and Corporation Defined
The term person, firm and corporation shall include and comprise any person, partnership, firm or association of persons, or of corporations, their agents, servants, employees or licensees.
B. Permit Required
That after the effective date of this Section, it shall be unlawful for any person, firm, or corporation to drill or operate or commence to drill or cause or permit to be drilled or operated any oil and/or gas well within the corporate limits of the City of Electra, Texas, without first complying with the provisions of this section and making application for and obtaining a permit so to do as hereinafter provided.
C. Application for Permit
Any person, firm or corporation desiring to drill or to operate a well for oil and/or gas within the corporate limits of the City of Electra, Texas, shall first make application therefor before the drilling of said well, with the city Manager of said City, which said application shall set forth in writing the following facts:
(1) The date of said application.
(2) The name of the applicant.
(3) The address of the applicant.
(4) The proposed site of the well, including:
(a) Name of the fee owner.
(b) Name of the lease owner.
(c) A legal description of the land, showing lot or lots and block.
(d) A plat of said drilling site showing the distance to all adjacent buildings, and adjacent property owners.
(5) The type of drilling apparatus to be used i.e. cable tools or rotary.
D. Permit Fee
The applicant shall pay to the City of Electra, Texas, the sum of $100.00 as a permit fee for the issuance of the drilling and operating permit which sum shall be paid to the said City before the drilling and operating permit shall be granted and any drilling or operating permit granted in violation hereof shall be void. When the application shall have complied with the provisions of this Section, the City Manager shall furnish a printed form of permit to said applicant, which said permit shall state thereon the substantial regulatory provisions of this Section and shall likewise state therein that the applicant agrees to comply with same. This instrument shall be signed by the applicant and be signed by the Mayor of the City of Electra, or the Mayor pro tem in the name of the City of Electra, and shall be executed in duplicate. One copy of said permit shall be retained by the City and the other copy shall be delivered to the applicant and shall constitute his drilling permit. The provisions of this drilling and operating permit, when so signed, and executed, shall be binding upon the applicant in every respect. When the City manager of the city of Electra has determined that all of the provisions of this section have been complied with, observed and maintained, the City Manager is here and now authorized to refund to said applicant $50.00 of the fee paid by the applicant.
E. Public Liability and Property Insurance Required
All persons conducting drilling operations, or operating oil wells within the corporate limits of the City of Electra shall carry public liability and property damage insurance with any reputable insurance company in an amount of not less than $10,000.00 -$25,000.00 property damage, and $25,000.00 - $50,000.00 personal damage.
F. City Manager to Authorize or Deny Permits
Full power and authority for the granting or refusal of said permit shall be vested in the City Manager of the city of Electra, or in the Mayor in the absence of the City Manager, and said City Manager, and said Mayor are here and now authorized to execute said permit in the name of the city of Electra, upon the full compliance of the conditions stated in this Section. In the event that the City Manager or the Mayor of the City of Electra decline to issue said permit, the applicant therefor shall have the right to appeal to the City Commission of the city of Electra at the next regular meeting of said Commission and renew his application for such permit. If upon such hearing it be decided by the City Commission by majority vote that the applicant is entitled to receive such permit, the City Manager or Mayor shall be directed by said City Commission to issue said permit and the action of the Commissioners shall be final.
G. Duration of Permit; Extension
In the event drilling operations are not begun within thirty (30) days after the granting of such permit, same shall become null and void. Provided however, that such permit may be extended by the City Manager of the City of Electra by a written extension before the termination of the said thirty (30) days period.
H. Drilling Rigs not to Constitute a Hazard
(1) That in the drilling of any oil and/or gas wells within the corporate limits of the City of Electra, only drilling rigs of standard construction, quality and proportion can be used, which in the opinion of the Mayor or Mayor pro-tem do not constitute a hazard to human life and property. all guy wires must be placed so that they will not be a hazard to either vehicular transportation or pedestrians.
(2) In the drilling of any oil and/or gas well within the City of Electra, Texas, none of the equipment used for the drilling of said well or any operation of said well thereafter shall extend into the streets or alleyways of said City of Electra, so as to interfere with the regular flow of traffic.
I. Fire Protective Measures to be Observed
In the drilling of any oil and/or gas wells within the corporate limits of the City of Electra, all fire wall and fire protective measures prescribed by the State of Texas shall be observed.
J. Pipelines not to be Constructed Without Permission
In the drilling of any oil and/or gas wells within the corporate limits of the city of Electra, or in the operation of said wells, said person, firm, or corporation so drilling or operating said well shall not construct any lines for the conveyance of fuel, water, or minerals, on, under, or through the streets or alleyways of the streets of the City of Electra, without the express permission of said City in writing. If said City does so grant said person, firm or corporation the right to construct said pipelines, on, under or through the said streets or alleyways of said City, said persons, firm or corporation shall excavate a ditch for said line at their own expense, and after said lines have been laid shall fill said ditch and repair the streets and alleyways to the complete satisfaction of the City of Electra. Said person, firm or corporation so placing lines on, under or through the streets or alleyways of the streets of Electra shall assume all responsibility and liability for the construction and use of said lines, and shall hold said city of Electra blameless in the event of any personal or property damage in connection with the construction or operation of said lines.
K. Gases Not to Escape Into Air
In the drilling of any oil and/or gas well within the corporate limits of the City of Electra, or in the operation of said well, no person, firm or corporation shall allow or permit any unburned gas to escape into the air either from said well or from the storage tanks used in connection therewith.
L. Storage Tank Regulations
It shall be unlawful to use any storage tanks within the corporate limits of the City of Electra for the purpose of saving oil, which said tanks are not vapor proof. said tank or tanks must be provided with check valves and with a foam generator of the type approved by the Fire chief of the City of Electra, and said storage tank or tanks shall not be placed closer than fifty(50) feet to any building or any street. no tank or tanks placed adjacent to each other in a single battery shall have a cumulative capacity of more than one thousand (1,000) barrels, and each tank, or tank battery, if more than one tank is placed adjacent to another tank, shall have erected on the steps or in a position adjacent to any tank battery a box to hold fire fighting equipment, and shall be equipped with fire extinguishers of a type suitable for fighting oil and/or gas fires, and such other equipment that might be recommended by the Fire Chief of the City of Electra, Texas.
M. Drilling Rigs to be Removed Within 30 Days From Well Completion
That after the completion of the drilling of any well within the corporate limits of the City of Electra, Texas, the drilling rig or rigs used in the completion of said well shall be removed from said drilling site within thirty (30) days after the completion of said well.
N. Electric Pumping Units Required for Use
In equipping a well for pumping, if said well has been drilled within the corporate limits of the City of Electra, Texas, only electric pumping units shall be used, but it shall be permissible for one or more wells to be pulled by the same electrical unit.
O. Cementing Surface Pipe Required Prior to Drilling Wells
In the drilling of any well for the discovery of oil and/or gas within the corporate limits of the City of Electra, Texas, it shall be unlawful to drill said well without first setting and cementing a string of surface pipe to a depth of one hundred (100) feet.
P. Slush Pits to be filled; No Wastes to Drain into Public Streets or Sewer; Fencing Required
When a well has been drilled within the corporate limits of the City of Electra, Texas, within thirty (30) days of the completion of said well, all slush pits used in connection with said well shall be filled to ground level and the premises shall be cleaned and kept free of rubbish at all times during the operation of said well. It shall be unlawful to permit any salt water, waste oil, drilling mud, or grease to drain into any street or streets, or alleys, bar ditches, storm sewers or sewers, or on the land of adjacent property owners. all wells so drilled within the corporate limits of the City of Electra, Texas, once said wells have been equipped for pumping purposes and all tank batteries within the City of Electra, Texas shall be enclosed by a wire fence of cyclone wire construction, with steel posts and equipped with gates for ingress and egress, and said gates shall be kept locked except during such time as the owner, operator, or their agents are on said premises.
That in every instance in this section where discretion is vested in any individual officer or official of the city of Electra to determine the compliance, or noncompliance, of the provisions of this Section, and a ruling is made by said officer or official, the person, firm or corporation against which said ruling is made shall have the right of appeal to the City Commission of the City of Electra to review said ruling, which said appeal shall be heard at the next regular meeting of the City Commission on such ruling shall be final.
R. Revocation of Drilling Permit for Violation of These Provisions
The term person, firm or corporation shall include and comprise any person, partnership, firm or association of persons, or of corporations, their agents, servants, employees or licensees. It is further provided that if any of the provisions of this Section are violated the City Commission of the City of Electra may revoke the permit under which the well or wells are being drilled, or are being operated, upon proof and evidence hat any provision of this section is being violated, and in the event said permit is revoked by said City Commission, the applicant therefor may make direct appeal to the City Commission for the reissuance of said permit, and the action of the city Commission thereon shall be final.
S. Penalty for Violations
Any person, firm or corporation who shall violate the provisions of this section, or who shall neglect to comply with the terms of this section shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in a sum of not less than $1.00 nor more than $500.00 and each violation of this Section shall be considered a separate offense. And in the event a violation is continued from day to day, said violation shall be deemed to be a continuing violation and the offender thereof might be fined for each day that said Section has been violated.
(Ordinance of march 2, 1949; Ordinance of march 7, 1949; Ordinance No. 84-2 of January 10, 1984; Ordinance No. 2000-04 of May 23, 2000)
SEC. 9: SALE OR MANUFACTURE OF ICE
A. Use of Treated Water Required in Sale or Manufacture of Ice
No person, firm, association or persons, or corporation, shall sell or deliver, within the limits of the City of Electra, Wichita County, Texas, ice manufactured from undistilled water, except that it be manufactured from water from the City water mains in the City of Electra, Wichita County, Texas, but in the event of accident to the City water plant or unavoidable difficulties which shall result in the bypassing of water through the City water system without chlorinating or without filtration, then the manufacturer or manufacturers of raw water ice in said City shall be notified and shall become subject to the same regulations and penalties are herein prescribed for the manufacture, delivery or sale of raw water ice.
B. Penalty for Violation
Any person, or any member of any firm, association, or corporation, or the agent of any such person, firm, association or corporation, who shall violate this Section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than $25.00 nor more than $500.00.
(Ordinance of February 8, 1932; Ordinance No. 2000-04 of May 23, 2000)
SEC. 10: SALE OF ALCOHOLIC BEVERAGES
A. Where Retail Sale of Alcoholic Beverages Restricted
(1) Limits Established
No spirituous, vinous or malt liquors, beer, and/or wine except as herein before provided, shall be sold within the corporate limits of the City of Electra, Texas, and no license or permit shall be issued for the sale of same, whether by the State of Texas, County of Wichita, or City of Electra, within any residential area of the City of Electra, or at any location prohibited by Article 109.33 of the alcoholic Beverage code of the State of Texas.
(2) Penalty for Violations
(a) Any person, firm or corporation violating this subsection shall be guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall be punished, as provided by the Alcoholic Beverage code; in the event it should be held that such penalty does not apply to this subsection, then such person, firm or corporation shall be fined not less than $250.00, nor more than $500.00, and each and every day of such violation shall constitute a separate offense.
(Ordinance No. 96-3 of February 27, 1996)
(b) Any person violating the subsection may be enjoined in a suit filed by the City of Electra, or other proper authority, in a court of proper jurisdiction.
B. Hours of Sale of Beer Restricted
Unless otherwise prohibited by state law, a person may sell, offer for sale, or deliver beer between 7:00 a.m. and midnight on any day except Sunday. On Sunday, he may sell beer between midnight and 1:00 a.m., and between noon and midnight, except that permitees or licensees authorized to sell for on-premise consumption may sell beer between 10:00 a.m. and noon if the beer is served to a customer during the service of food to the customer. The hours of sale and delivery of alcoholic beverages sold under a wine and beer retailers permit or a wine and beer retailers off-premises permit are the same as those prescribed for the sale of beer herein, except that no sale shall be allowed between 1:00 a.m. and noon on Sunday.
(Ordinance No. 96-3 of February 27, 1996)
C. Proof of Shipment Required to Transport Alcoholic Beverages Within City
It shall be unlawful for any person, firm, corporation or association of persons to transport upon any highway, street, or alley within the corporate limits of the City of Electra, Wichita County, Texas, unless the person accompanying or in charge of such shipment shall have present and available for exhibition and inspection, a written statement furnished and signed by the shipper, showing the name and address of the consignor and the consignee, the origin and destination of such shipment.
D. Permit Required to Sale Alcoholic Beverages
It shall be unlawful for any person, firm, corporation or association of persons to possess or have in his, their, or its possession for the purpose of sale, any liquor and/or beer and/or wine, and/or any other intoxicating beverage as those terms are defined by the alcoholic Beverage Code of the State of Texas, without a permit to do so under the terms and provisions of the alcoholic Beverage Code of the State of Texas.
E. Penalty for Violations
Any person, firm, corporation or association of persons violating this Section, unless otherwise provided herein, shall be guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction, shall be fined not less than $50.00 nor more than $500.00 and each and every violation shall constitute a separate offense.
(Ordinance of October 28, 1946; Ordinance No. 84-2 of January 10, 1984; Ordinance No. 96-3 of February 27, 1996)
F. Occupation Tax Levied
Said fees shall be payable to city when application is filed with the Texas Alcoholic Beverage Commission or when an existing license is renewed.
(1) A package store occupational tax of $250.00 per year per store shall be assessed for all stores holding a package store permit issued by the Texas Alcoholic Beverage Commission.
(2) A tax of $87.50 per year per store shall be assessed for all stores holding wine and beer retailers permit issued by the Texas Alcoholic Beverage Commission.
(3) A tax of $30.00 per year per store shall be assessed for all stores holding wine and beer retailers off-premises permits issued by the Texas Alcoholic Beverage Commission.
(Ordinance of September 25, 1984; Ordinance No. 96-3 of February 27, 1996)
SEC. 11: RESERVED
Editors Note: Ordinance No. 84-7 adopted September 25, 1984 authorizing a hotel/motel tax was repealed by the City commission on January 28, 1986.
SEC. 12: OCCUPATION TAX ON COIN-OPERATED MACHINES
All business in which there is a coin-operated game machine shall pay an annual fee to the City of Electra, Texas of seven dollars and fifty cents ($7.50) per machine for the privilege of operating said game machines. this fee shall be payable yearly in advance commencing with the fiscal year 1984-1985 and each year thereafter.
(Ordinance of September 25, 1984)
SEC. 13: VEHICLE STORAGE FACILITY ACT NON-APPLICABLE IN CITY
That Article 6687-9a Vernon's Annotated Texas Statutes in accordance with the provision of Section 13 (a) and the rules adopted under such Article shall not apply within the city limits of the City of Electra as such city limits are now defined or may hereinafter be defined.
(Ordinance No. 86-6 of June 24, 1986)
SEC. 14: REGULATION OF DOOR-TO DOOR SOLICITATION
WITHIN THE CITY OF ELECTRA
A. Solicitors, peddlers, hawkers, itinerant merchants, or transient vendors of merchandise or service may not sell and/or explain any product or service, or solicit orders for the sale of goods, wares, merchandise, or services, without having first obtained from the City of Electra a permit.
B. The permit required in subsection A hereof shall be made by filing a Solicitor’s Registration Form at the office of the Chief of Police on a form furnished for such purposes. The form shall be completed by the registrant and shall contain the following information:
(1) The name and home address of the registrant and registrant’s residence for five (5) years preceding the date of registration;
(2) A brief description of the nature and purpose of the business, promotion, solicitation, and/or the goods or services offered;
(3) The name and address of the employer or affiliated organization, with credentials from the employer or organization, showing the exact relationship and authority of the applicant;
(4) The length of time for which the privilege to sell or solicit is desired;
(5) The name and address of each solicitor or salesman employed by the registrant who will be employed in advertising, promoting, selling, and/or explaining any product, service, or will solicit orders for the sale of goods, wares, merchandise, or services within the City of Electra;
(6) Such other information concerning the registrant, its business and employees, as may be reasonably necessary to accurately describe the nature of the privilege desired.
C. Each registrant who complies with this ordinance shall be furnished a solicitation permit. The permit shall indicate that the applicant has registered as required by this ordinance. Each person shall at all times while exercising the privilege incident to such permit, carry upon his person his permit and the same shall be exhibited by such person whenever he is requested to do so by any police officer or by any person who is solicited.
D. Permits described herein may be denied or revoked by the Chief of Police for any one or more of the following reasons:
(1) Incomplete information provided by the registrant in the Solicitor’s Registration Form;
(2) Fraud or misrepresentation contained in the Solicitor’s Registration Form;
(3) Fraud, misrepresentation, or false statements made in the course of conducting the activity;
(4) Violation of any of the provisions of this ordinance or of any other ordinance of the City of Electra or the State of Texas;
(5) Conducting soliciting or business in such a manner as to constitute a trespass upon private property;
(6) The permittee ceases to possess the qualifications required in this chapter for the original registration.
E. There shall be a one-time permit fee of $25.00 for the issuance of said permit and any solicitor, peddler, hawker, itinerant merchant, or transient vendor of merchandise or services conducting business within the City of Electra without such permit may be fined as hereinafter provided. Said permit shall cover all employees of a particular business so engaged in such activities.
F. The Chief of Police is instructed to make whatever investigation of the applicants for a permit as he deems adequate, but said investigation shall include verification of employment and a criminal records check for each solicitor. The Chief of Police shall have a maximum of 24 hours to complete his investigation and, if at the end of said 24 hour period, the Chief of Police has not completed his investigation, he shall forthwith issue such permit.
G. All permits issued by the Chief of Police shall be for no longer than 7 days duration, except the Chief of Police may issue a permit for no longer than 1 year to any applicant having a permanent address within the city limits of the City of Electra when said solicitor’s employer also has a permanent address within the city limits of the City of Electra, Texas.
H. There shall be excluded from the requirement that a permit be secured and a permit fee paid as hereinbefore provided, solicitation campaigns conducted by local school and youth groups, campaigns of service clubs, such as Rotary Club or Lions Club, nationally recognized charitable organizations such as Camp Fire Girls, Girl Scouts, Boy Scouts, etc., activities of local churches, Little League, Chamber of Commerce, Volunteer Fire Department, and the local ambulance service. There shall also be excluded from the requirement that a permit be secured and a permit fee paid any business engaged in interstate commerce and by those persons conducting business at organized activities designated by the mayor, such as Homecoming, the Goat Barbeque, and other festivals. There shall also be excepted from the requirement that a permit be secured and a permit fee paid as hereinbefore provided any activity conducted by any religious organization, charitable organization, political party or candidate, or by any other person not conducting a business for profit.
I. Any person engaging in any activity for which a permit is required who does not have a permit as required by this ordinance shall be guilty of a class C misdemeanor, punishable by a fine of up to $500.00.
(Ordinance No. 2002-06, August 13, 2002)
SEC. 15: MAIN STREET ADVISORY BOARD
A. Main Street Advisory Board Created
There is hereby created a Main Street Advisory Board, consisting of seven members, each of whom shall be a resident of the City of Electra and who shall serve without pay.
B. Appointment; Vacancy; Removal
Members of said Board shall be appointed by the City Commission of the City of Electra. The terms of said members shall be for a period of three (3) years and thereafter until their successors are appointed and approved; however, the initial term shall be staggered by appointing three of the initial members of the board to a term of one year, two members to a term of two years, and two members to a term of three years. All vacancies shall be filled by the City Commission and shall be for the remainder of the term of the vacating member. Any member of the Board may be removed from office at any time by a three-fifths majority vote of the City Commission and no reason need be given for such removal.
The Board shall elect a chairman, a vice-chairman, and a secretary from its members. The chairman shall preside at all board meetings; the vice-chairman shall preside in the absence of the chairman.
Meetings of the Board shall be open to the public and shall be at the call of its chairman, or at such other times as the rules of the board shall determine.
E. Quorum; Action
For the purpose of transacting any business, four members of the Board shall constitute a quorum and at least four affirmative votes shall be necessary to carry any action of the board.
F. Responsibilities and Duties
(1) The Board shall have no power other than to advise the City Commission and the City Administrator concerning all matters related to the Main Street Program.
(2) The Board shall have the responsibility and duty to assist the project manager of the Main Street Program in the development of an annual work plan for the program; provide liaison between the Main Street Program and other organizations and agencies; and advising the City Commission and the project manager on the implementation, administration, and growth of the program. Further, the Board shall have the responsibility of insuring that sufficient funds are available to the program to meet its objectives and to suggest sources and methods of funding the program. The Board should give sponsorship and prestige to the Main Street Program and inspire confidence in its activities; act as ambassadors in promoting the goals and activities of the program to other organizations and agencies; and serve as advocates of economic development through historic preservation in the downtown area.
The Board shall have the authority to appoint such committees as it deems necessary and advisable and the members of such committees need not be members of the Board. The Board shall establish the following committees and appoint committee members thereto:
(1) The Promotion Committee
(a) Directs retail promotional activity, traffic-building activity and image improvement activity for the downtown, or establishes liaisons and develops joint promotional strategies with existing organizations active in one or more of these areas;
(b) Assumes primary responsibility for defining the marketable image of the downtown and ensuring continuity of that marketable image in all downtown promotional programs;
(c) Monitors community and consumer perceptions of the downtown and seeks to reverse negative attitudes and build on positive ones;
(d) Allocates funds for promotional activity in accordance with the Main Street Program’s total annual work plan and budget;
(e) Works towards building new sources of promotional funding for a portion of the program’s overall annual promotional budget;
(f) Builds a strong network of volunteers to participate in implementation of promotional programs and establishes good working relationships with community organizations, charities, school clubs and other groups who might participate in promotional programs;
(g) Works with the Economic Restructuring Committee to monitor changes in the downtown’s market and adjusts the promotional plan accordingly, always building on the downtown’s assets, to increase the downtown’s market share;
(h) Works with the Design Committee to ensure a consistent, high-quality graphic image in signs, advertisements and other graphic material associated with the Main Street Program;
(i) Establishes a sound working relationship with local and regional media;
(j) Monitors the effectiveness of promotional programs on an ongoing basis.
(2) The Design Committee
(a) Directs design improvement activity with regard to building maintenance and rehabilitation, historic preservation, new construction, public and private signs, graphic material, public improvements, visual merchandising, traffic and parking;
(b) Works with the Promotion Committee to ensure a consistent, high-quality graphic image in signs, advertisements and other graphic material associated with the Main Street Program;
(c) Establishes a sound relationship with local design and construction professionals, sharing technical information on historic preservation, rehabilitation and maintenance of older commercial buildings;
(d) Promotes awareness of downtown design and historic preservation issues throughout the community;
(e) Monitors design changes throughout the downtown;
(f) Works with Economic Restructuring Committee to plan, implement and administer appropriate incentives to encourage design improvement and property development activity;
(g) Allocates funds for design improvement activities in accordance with the Main Street Program’s overall annual work plan and budget;
(h) Monitors local ordinances and other applicable regulations affecting downtown design issues and works toward developing a supportive regulatory environment for downtown revitalization activity;
(i) Establishes a sound working relationship with the State Historic Preservation Office and other state and regional agencies that provide assistance in areas related to downtown design improvements through historic preservation;
(j) Conducts and maintains a thorough inventory of downtown properties.
(3) The Economic Restructuring Committee
(a) Works to strengthen existing downtown businesses and, eventually, to recruit additional businesses through such programs as the development of business assistance teams, sponsorship of business seminars, identification of downtown market opportunities and dissemination of relevant information to existing and potential businesses, development of promotional literature describing the downtown business environment, and development of incentive programs to stimulate business growth;
(b) Monitors changes in the local market on an ongoing basis, assesses the downtown’s market share within the community and the region, measures the involvement of various market groups in downtown commerce, monitors sales leakage or surplus, and assesses the downtown’s mix of retail, commercial, residential, recreational and civic space;
(c) Directs activity related to downtown commercial and real estate development;
(d) Works with the Design Committee to plan and implement appropriate incentives to encourage design improvement and property development activity;
(e) Works with the Promotion Committee to monitor and adjust the downtown potential plan to increase the downtown’s market share;
(f) Establishes a sound relationship with local and regional financial institutions, business assistance organizations and other businesses and agencies that provide assistance in areas related to downtown economic development;
(g) Conducts and maintains a comprehensive inventory of downtown businesses;
(h) Allocates funds for downtown economic development activity in accordance with the Main Street Program’s overall annual budget and work plan;
(i) Becomes familiar with city, county and regional economic development strategies and coordinates projects when possible, utilizing economic development programs already in place and investigating the creation of new programs when appropriate;
(j) Promotes the downtown as a good place for commercial and real estate development activity.
(4) The Membership Development Committee
(a) Plans and conducts annual fund raising activities for the Main Street Program and ensures that adequate funding is in place at all times;
(b) Organizes and conducts annual nomination program for Board of Directors members;
(c) When applicable, organizes and conducts an annual membership drive;
(d) Helps the Design, Promotion and Economic Restructuring Committees recruit new members;
(e) Promotes the development of a strong volunteer network within the Main Street Program;
(f) Encourages leadership development within the Main Street Program;
(g) Works with the Board of Directors to orient new board and committee members to the Main Street Program’s goals, activities, policies and procedures.
(Ordinance No. 98-04, January 13, 1998)