HomeMy WebLinkAboutOrdinance #224 l '
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ORDINANCE NO. 224.
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AN ORDINANCE OF THE CITY OF I-iUNTIINGTON BEACH, PRO-
VIDING rOR Ti-M _LICE-11"ISING OF THE BUSIlTESS OF I'U.IAIN-
T�zINING, CONDUCTING A.1?D OPERATING OF, OIL WELLS AND
DERRICKS �IITHIl\i SAID CITY FOR THE PURPOSE OF REVENUE
AIM REGULATION.
t The Board of Trustees of the City of Huntington Beach do
ordain as. follows : �.
SECTION 1.`- It shall be unlawful for any person, persons,
firm, co-partnership, association, syndicate or corporation, either
as principal, officer, clerk, servant , agent, trustor, trustee., bene-
ficiary, employer or employee, either for themselves or any person,
persons, firm, co -partnership, association, syndicate or corporationz
or o4*heraise to engage in, conduct or carry oil the business of drill-
ing or exploring for, developing, producing any crude oil_, petro-leu_m,
nwptha, hydro-carbon, gas or ii:d=ed substances T,fithin the City of
Huntington Beach, Orange County, California, i�r ithout having, first
procured a license from said City so to do , -as provided in this or-
dinance and if any such person, ?persons , firm, co-part lership, as-
sociation, syndicate or corporation, either as priicipal, officer,
clerk, servant , agent , trustor, trustee, benei'i-ciary , e iployor or
employee , shall enrage in, conduct or carry on the business of drill-
ing or exploring for, developing or producing any, crude oil., . petroleum,
naptha, hydro-carbon, gas or kindred substances, without having first
_tprocured such license so to do , he or their sh:411 be deemed guilty of
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a misderieanor and upon co ;vict ion thereof, shall be punished by a
fine of not more than Three hundred Dollars ($'300. 00) or by i.n.prison-
ment fora term not exceeding Three (3 ) mont_��s or both such fine and
imprisonment. Each and every day or fractional part of a day that
said business in this ordinance specified is conducted or carried on
without such a license, sliall constitute a violation of this ordinance.
The ariount of such license shall be deemed a debt to `the City of'
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Huntington Leach and such person, persons , I'i1i, CO-Partner ship,
association, syndicate or corporation shall be liable to an action
at la}rr with the City of Huntington Beach in any court of competent
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jurisdiction, for the amount of the license for such business, '.rith
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costs of suit.
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SECTION 2. Any person, persons , association, firm, cc -
partnerhips, syndicate, or cor��orat—ion w-a.o s:,hall erect or riaintain
tevl°� i
P.4 Or cause to be erected or ma- stained lvithlil the :�ald City Of Hunt-
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ington .Peach, Luay oil Cierrica'� or structure , for the -ou nose of
drilling; a well for the discovery or production Of, or for an attempt
to discover or produce any crude oil , petroleum, naptha, hydro -carbon,
gas or other kindred substznces, shall be deemed to be carrying on
tIlle business ment.ioned in Section 1 Of thhis Ordinance , whether or not
FJorl, is being continuously or at all prosecuted thereunder. Elach and
every oil derrick or other structure so constructed or maintained
for the purposes oi' this Ordinance shall be deeiied and construed to �
be a -,e�arate business.
SECT IOTT 3. The rote of' License for the business herein
specified shall be the sure of One hundred and Fifty Dollars ($150. 00)
per anmwi, payable annually in advance, AvIlich said License s1la11 be
j for the period of One (1 ) year from tale date .whereof.
SECTIO!T 4. It shall be the deity of the City Clerk of said
City to prepare and issue a license under this Ordinance for the
person,' persons , firm, co-partnerhip, association or corporation
liable to pay a license hereur_c-er, duly signed by the City Clerk and
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I to state .in such license : tae date thereof ; the period of ti.Lie fox
which the S,�r2!e o.1aa l run ; the i7a.ine of the 'ap;;licant of licensee; for
i,vhom issued; and the location Or Mace f business where such business
is to be carried on avid for tr?a.t i)urpose, the City Cleric shall require
any Such persoia, persons, firm, co -artnership, association, syndicate
4 or corporation to file, an application signed by the licensee or some-
one on its behalf., showing : 1. The na.:a,e Of the person, persons, .
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i-irm, co -part_iership, association or corporation on whose behalf
the application is glade. 2. The name of the builder ( if said oil
derrick or other structure is to be erected by contract-). 3. The
name of the contractor ( if said well is to be drilled by contract) .
4. A description of the property whereon said oil derrick or other
structure is to be erected, giving the exact- location thereof on the
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property. 5. The principal place of business of the applicant or
licensee and whether or not it is a person, persons, fir.:i, co -peartner-
_ . ship, association, syndicate or corporation, and if a co-partnersi"lip,
the names of the partners; if an association or syndicate, tr4
namaes of the trustees or manager or general superintendent they f._;
and 7.f a corporation, the names of the principal officers t.!-iereof,
which said a-)-,�li cation shall be verified by the applicant or some
per-.on in his or its behalf. The City Clerk, is authorized to ad-
:iinister the oath of verification on such appli catiions.
In no case shall any mistake by the said City Clerk in
stating the mount or terms of such license , or the time for Which
the 'sai.1e is -to run, prevent or prejudice the collection by the City
of what Shall be actuc..11y due 'dr'_th all costs from any person, persons,
firm, co-partnership, syndicate or corporation liable trerefor.
Said City Clerk shall deliver such license to the City
;;I,Lrs1ial or the City -1ice:lse Collector of said City for collection,
ta',-ino his -receipt therefor, Fmd �.;he said City I'arshal or said. City
License Collector .shall proceed to collect the same,
and. shall on or before the first Monday of each r onth, deliver to the
said City Clerk a complete list of all licenses collected by him f'or
the previous 1.Ilonth, and he shall pay over to the Ci.t Treasurer of
Said City, the c,iCoilnt of all licenses collected by him durin`; the
;rev ous nth acrid shall ta'.e a receipt of t,le City Tre :.surer for same,
which he shell file with the City Clerk and shall report the a:.iount OP
thereof, to&et_ler with the m:-iou�:t of the delinquencies, to the said
Board of Trustees at it.c first regular sleeting in each month.
IIo license for any such business carried on by any person
delinquent for the payrient. of any license fee hereunder, s1nall be is
sued to such person, yre-rsons, firs, co-partnership, syndicate,
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or corporationeither directly or indirectly, until. the payment
of all license fees due as specified in this ordinance from such
person, pCr00nS, co-partnership, firm syndicate or corporation,
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together �,,rith all costs thereon.
The Board of Trustees may require the City Attorney of li
i said City to bring action for the recovery of s� .id license fees
as in this Ordinance provided. 1
Notht ng in this Section contained, however, shall pre-
vent a criminal prosecution as provided in Section 1 of this or-
dinance.
All licenses shall be paid in advance in legal currency
of the United States, wt the office of the City Miarshal or City
License Collector.
Every licensee under the provisions of this Ordinance
shall keep such license posted and exibited while the same is in �
force , in some conspicuous::; place in said place of business.
The City 1,11arsha,l or City License Collector or any De-
puty thereof or Luny merlber of tree Police Department . of said_ Ci�'ty;
shall have the po-vlrer :
First : To enter free of charge at any time , any Mace
of business for which a license is required and provided and to
del<and the exibiti.on of such license for t ,e current term from
any person, persons, , irm, Co-partnership, syndicate or Corporation,
e igaged in or employO-d in the transaction of such business. If such
person, persons, t'il'rz, association, co-part7iersl�.ip1 s ndicate or
corporation shall then and there fail to exibit uch. License, he(
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shall be liable. to the penalty as :provided in ection 1 of this
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Ordinance. !
It is hereby made the duty of the City Tv,!arshal and Cite
License Collector, and o-ny Deputy thereof, to cause cor.plaints to
be riled. against all -person, persons , finni, co-partnership, -association,
syndicate and cor :cration violating any of the provis_i.ons of tj111s
Ord-inance.
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SECTION 5. The conviction of any person, persons, firm,
association, co -partnership, syndicate or corporation for transacting
any business i°;iihout a license shall not excuse or exer_Zpt such a
dtic� ov ti�wc11
person i'rolr_ the .�ayrlent of any such license^at she time of such, con-
viction for any violation of the provioions of this Ordinance.
SECTION 6. Nothiiig 'in' this Orciina.nce shall be construed
as imposing a license or -'tax or otherArise regulatin&, or restricting
foreign or interstate co-mr erce , -•.aid any business thereof, `''r ich is
embraced in the tern "Int erstate Coi:,T,Ierce11 or in 'xle ternn Foreign
ComY_ercc" is not 1ftade sub— ect to the license imposed by .this Or-
d i n eano e.
SECTION 7. 1,11 licenses issued under this Ordinance, or
any section thereof, are grcnt'ed and- accepted by all- parties receiving
licenses with the express under stajidin�; that -the Bo`tird of Trustees of
aaicA Cit,, l-iiay revoke. the mw._c at any �_I:_e, by a; endi__g this Ordinance
or enlT portion thereof, or if satisfied that `.ny condition of the
license or tern,,s of this Ordin_�.nce _gave be cn violated, or that the
1 i.cense �,�Tas obtained by fraudulent representation, or that 10-11e holder
of am such license is an t?nf it person to be trusted witll the privi-
leges' gr::.nted by such licenses ; -provided, however, that no. license
shall be revoked without first givingthe hot-der thereof opportunity
to appear before the Board of Trustees in his own behalf by notifi-
dGens2 t0 c::p'cr, givingcation in. lr' 4 , � Ll
and fixing the tirie and place of such hearing. Upon the, revocation
of t-he license, no par\of txle m ney in the 1'jds of the City shall
be ret-arned and tall Ouch' license fees on-all benrevoked, in no case
shall another license be granted to the sa:,•.e person within six li.onths 41
of the date of such -revccati m.
SECTIONS. That Ordinance No. 210 of said City, togehter
lvith a11. other Ordinances and parts of Ordinances, insofar as the
saiie are in conflict here%,iith or provide any other rate of licel':se
thall tti�'_at lherein '?rovided, be, and the Saii2e are hereby, repealed,
provided, however, th; t said repeal ohall not effect tale provisions
Of
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/ of said Ordinance No. 210 insofar as they apply to the licensing
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of any business , trade, calling or occupation not in this Ordinance
specifically mentioned and provided Further that said repeal shall
not prevent or be a bar to the collection of any license first due
under said Ordinance or the prosecution or punishment of any person
who may have violated any of the said repia,led Ordin_anne, but for the
purpose of such collection., prosecution and .punishment, the said
Ordinance shall remain in full force and issue, and provided further,
that the Licensee under any license heretofore legally issued upon
any business herein provided to be licensed , shall be given credit
for the proportion of the. :,.icenses fee heretofore paid by him, which
the unexpired portion of the term D rovi ded in said license bears to
the total terns thereof, but nothing herein contained shall be deemed
to excuse any person., persons, firm, co-partnership, association,
syndicate or corporation liable to pay a license hereunder, from
paying the same at the rate herein provided upon surrender of said
license.
SECTION9. If any section, subsection, sentence, clause
or phrase of this Ordinance for any reason, is held to be unconsti-
tutional , such decision shall not effect the validity of the remaining
portion of this Ordinance, The Board of Trustees of said City .
hereby declares that it would have passed this Ordinance^may sec -
tion, subsection, sentence ` clause or phrase thereof, irrespective
of the fact that any oneJ'"or more section, subsection, sentence,
clause or phrase be declared unconstitutional.
SECTION 10. The City Clerk shall certify to the passage
and adoption of this Ordinance and shell cauae the same to be pub-
lisped by j'insertion in the Huntington Beach Flews, a weekly news-
paper, printed, published and c i rculat ed'ot' the said City of Hunt-
ington Beach and hereby designated for that purpose, and Thirty (30)
days thereafter, it shall take effect and be in forme.
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PASSED jAI D ADOPTED by the Board of Trustees of the �+
City of Huntin"ton Beach, this __g day of, 1921.
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Pre Zt f the Bo,>,rd or-Trustees
of the City of Huntin tq Beach.
ATTEST :
City Clerk end R'x-off ici Clerk
Of the Board of Trus s of the
City of Hunting .crrf Beach, Calif-
ornia. .
STATE OF C UIFOFNIA,
County of Orange, Ss.
City of Huntington Beach. )
I, CHAS R. NUTT, City Clerk and Ex-officio Clerk of the
Board of Trustees do hereby certify that the 11'oregcing Ordinance
was introduced and read to the Board of Trustees of the City of
Huntington Beach at a regul...r meeting I-Lel ci. on the 6th day of
September, 1921 mc7 '',,,,as ivy ain read tc said Board of Trustees at
their re-ular sleeting held on the 11th day of September, 1921,
and was at that 7-iieeting Massed and adopted by the following vote :
IES
NOES&& �—
ABSENT i(�2
T/
ity Clears. yW
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