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Home My WebLink AboutOrdinance 8842~E ~^~= r y ~.i.a ' ORDINANCE NO. l~l AN ORDINANCE AMENDING CHAPTER 19, "HEALTH AND SANITATION," OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY AMENDING "ARTICLE XVI. PERMITS," THEREOF PROVIDING FOR PRORATION OF PERMIT FEES TO EFFICIENTLY ADMINISTER THE ANNUAL PERMIT FEE SYSTEM; PROVIDING PERMIT FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING HEALTH AND SANITA- TION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION IN PAMPHLET FORM; DIRECT- ING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; PRO- VIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That there be established a Section 19-415.1 of Chapter 19 of the Code of the City of Fort Worth (1964) , as amended, the same to read and be as follows: "Sec. 19-415.1. Proration. "The Director of the Department of Public Health shall establish such administrative rules and regulations as are reasonable and necessary to effectuate an efficient distribution of annual permit applications and renewals throughout the calendar year. Should it become necessary to issue an annual permit for less than a full calendar year to accomplish this purpose, the applicant shall be entitled to a pro rata adjustment of the appropriate permit fee as set forth within Section 19-420 below." SECTION 2 . That Section 19-420 of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended so that hereafter same shall read and be as follows: " Sec. 19-420. Permit Fee Schedule. "For all such occupations, vocations or businesses enumerated or described in Section 19-419, the required permit fee shall be One Hundred Twenty-Five Dollars ($125.00) per permit unless otherwise provided for below: 1. A. Food establishments - $125.00 plus $2.50 per employee. B. Fish wholesaler, fish retailer, wholesale fish trucker, meat distributor, produce vendor, poultry distributor, snow cone truck, ice cream truck, mobile food vendor - $125.00 plus $2.50 per employee plus $6.25 per truck. A~.: ~. a Y e e ~ '~. ~f i • ~. 2. Frozen dessert - $25.00 (in addition to the general permit fee charged under this section). 3. Temporary food stands or vendor - $50.00. 4. Private waste hauler per vehicle - $15.00. 5. Commercial waste hauler - $125.00 plus $6.25 per truck. 6. Childcare facilities - $125.00 plus $2.50 per em- ployee. 7. Theatre - $125.00 plus $2.50 per employee. 8. Septic tank cleaner permit - $125.00. 9. Mobile Home Park permit - $125.00 plus $2.50 per trailer space. 10. Public swimming pools, public spas, public water slides - $125.00 plus $2.50 per employee. "For the purposes of computing fees to be charged under this section, an 'employee' shall be any employee directly involved in the permitted operation up to a total of one hundred (100) employees." SECTION 3. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964), as amended, affecting health and sanitation, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, and of any other ordinance affecting health and sanitation which have accrued at the time of the effective date of this f ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. -2- ~.'' :. .nom<; 1 a M ~ SECTION 5. That it is hereby declared to be the intention of the City Council that the ,sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffec- tiveness or unconstitutionality shall not affect any of the remain- ing phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffec- tive or unconstitutional phrase, clause, sentence, paragraph or sec- tion. SECTION 6. That the City Secretary of the City of Fort Worth is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and this ordinance as so published shall be admissible in evidence in all courts without further proof than the production of said pamphlet, as provided in Section 3, Chapter XXV of the Charter of the City of Fort Worth. SECTION 7. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. SECTION 8. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordinance records of said City. ~~.~ -3- _ ~~ ~ v ~j SECTION 9. That any person violating any of the provisions of this ordinance .shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 10. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: 5~l°1-~~ ADOPTED : ~j _ ~ - EFFECTIVE: ~~ ~-~j~ -4- MA~fER FILE-!~ ' a^~ ~ 7~q p j/ ~-7~' CITY MANAGER 1 !/ ~f ~~ ®~ !h-/ ,/1~M;~" ~T f ,/11^1°~f /Y71, " // 1~~~, IC` ACCOUNTING 2 7RANSPORTATIONfPUBIIC WQrR1~13LL~~L.W lLJ/®U '6..W~VvtV ~L/®LL/l6/0 (V~(V~ ~®~~~~lI~U IL~~~1.W~ 4V® U ((i HEALTN _~ ~~ ~lE 1 REFERENCE SUBJECT Adjusted Health Permit Fees PACE NUMBER 6/7/83 **G-5650 On May 1'0, 1983 (M&C G-5621), the City Chapter _19, "Health and Sanitation," of permit.~es and establish the fees on a year-renewal basis C'ify"council action is required for the fees_~~ ~ .~ Recommendation ~ouncil approved an amendment to the City Code to adjust health twelve-month rather than a fiscal orderly implementation of the adjusted It is recommended that the attached ordinance be adopted to 1 Allow the Director of Public Health to prorate health permit fees as necessary to distribute permit fees for subsequent renewal on an annual basis, and, 2. To amend Section 19-420 to include permit fees for businesses, occupations, and vocations included on M&C G-5621 but inadvertently omitted from the adopted ordinance. These specific businesses, occupations, and vocations include public swimming pools, public spas, and public water slides at $125 plus $2,50 per employee and hotels, motels, tourist courts and private schools at $125 under the general provision calling for a $125 permit fee for all businesses, occupations, and vocations listed or described in Section 19-419. VS kc Attachment `` APPROVED BY c~rY co~r~~~~ JUN ~' 193 ~_~~~~ ~-~- City $acrstazY of the ._..r,__-'----- SUBMITTED FOR THE CITY MANAGER'S f1 FFICE BY ORIGINATING DEPARTMENT HEAD: Dr. Brooks Tavlor FOR ADDITIONAL INFORMATION CONTACT (;}~ DISPOSITION BY COUNCIL. ~' APPROVED OTHER (DESCRIBE) ~~~~TED ORDINANCE N0: PROCESSED BY CITY SECRETARI DATE