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HomeMy WebLinkAboutOrdinance 7077 ORDINANCE NO. rld 77 AN ORDINANCE AMENDING CHAPTER 19, "HEALTH AND SANITATION," OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY AMENDING SECTION 19-108 THEREOF BY INCREASING THE DAIRY OPERATOR PERMIT FEE AND ADDING A SERVICE FEE FOR MILK ANALYSIS FOR SUCH OPERATORS; BY AMENDING SECTION 19-109 THEREOF BY INCREASING THE MILK INSPECTION FEE FOR DISTRIBUTORS AND PLANT OPERATORS WITHIN AND WITHOUT THE CITY LIMITS, BY ADDING AN ANNUAL PERMIT FEE FOR TRANSFER STATIONS AND A SERVICE FEE FOR MILK ANALYSIS FOR SUCH DISTRIBUTORS AND PLANT OPERATORS; BY THE ADDITION�OF SECTION 19- 109.1, WHICH PROVIDES FOR INSPECTION OF AND AN INSPECTION FEE FOR PROCESSING PLANTS AND RECEIV- ING STATIONS NOT OTHERWISE REGULATED; BY AMEND- ING SECTION 19-110 THEREOF BY INCREASING THE MINIMUM PERMIT FEE FOR PERSONS DISTRIBUTING MILK; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING HEALTH AND SANITATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND NAMING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 19-108 of Division 2 of Article V of Chap- ter 19 of the Code of the City of Fort Worth (1964) as amended, be, and the same is hereby amended to read as fol- lows: "(a) Every operator of a dairy or dairy farm filing an application for a permit, pursuant to Section 19-104, shall pay therefor in advance and annually thereafter the sum of Twenty Dollars ($20.00) "(b) Every such permit holder requesting and receiving a milk analysis for the purpose of upgrading his milk supply shall pay a service fee of Six Dollars ($6.00) for each sample tested. Such fee is due and owing upon receipt of statement." SECTION 2. That Section 19-109 of Division 2 of Article V of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be, and the same is hereby amended to read as follows: "Every milk distributor or operator of a milk plant inspected by the City, making application for a permit pursuant to Section 19-105, and every re- ceiving station or transfer station shall remit the following fees: "(a) An inspection fee, based upon total amount of milk received in such milk plant or receiving sta- tion in the sum of Two and Three-Tenth Cents ($.023) per one hundred (100) pounds of milk purchased and/ or received in such plant or station. Such fee shall be payable monthly. (b) In the event such milk plant or such receiv- ing station is located outside of the city limits, an inspection fee, based upon the total amount of milk received in such plant or station, in the sum of Two and Eight-Tenths Cents ($.028) per one hundred (100) pounds of milk purchased by and/or received in such plant or receiving station. Such fee shall be paya- ble monthly. "(c) An annual permit fee of Thirty Dollars ($30.00) per transfer station. "(d) A service fee of Eight Dollars ($8.00) for each milk sample tested, pursuant to the request of such permit holder for a milk analysis for the pur- pose of upgrading his milk supply. Such fee is due and owing upon receipt of statement." SECTION 3. That Division 2 of Article V of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be, and the same is hereby amended by the addition thereto of Section. 19- 109.1, which section, after being so added, shall be and read as follows: "Every milk processing plant or receiving station which is not otherwise regulated by in- spection under the authority of this article which receives Grade A raw milk from a dairy farm operat- ing under a permit issued by the health officer shall be subject to inspection, pursuant to the provisions of this article, and shall pay an in- spection fee of Two and Six-Tenths Cents ($.026) per one hundred (100) pounds of all such Grade A raw milk so received." SECTION 4. That Section 19-110 of Division 2 of Article V of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be, and -2- the same is hereby amended to read as follows: "Any person who shall distribute milk within the City of Fort Worth, pursuant to Section 19-106, and whose milk is inspected and certified by some authority other than the City of Fort Worth shall make application to the Director of Public Health for a permit to so distribute milk and shall pay at least a minimum fee of Thirty Dollars ($30.00) a month, computed on the basis of Two and Six-Tenths Cents ($.026) per one hundred (100) pounds of milk so distributed. "No person, firm or corporation possessing a permit issued by the Director of Public Health of the City of Fort Worth under this article for the purchasing, receiving, possessing, packaging or sell- ing of milk or milk products shall have in his pos- session or on his permises or in storage where milk and milk products are kept any dry milk products which have not been processed and packaged by a milk plant approved by inspection by the City or certi- fied by some authority other than the City. An in- spection fee of Twenty-Five Hundredths of One Cent ($.0025) per pound on all dry milk or nonfat dry milk products purchased and/or received shall be paid by the holder of such permit." SECTION 5. That this ordinance shall be cumulative of all provi- sions 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 ordinances and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. 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 ordinance; and, as to such accrued viola- tions, the Court shall have all of the powers that existed prior to the effective date of this ordinance. -3- SECTION 7. 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, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. 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 9. That this ordinance shall be in full force and effect from and after the date of its passage and publication as re- quired by law, and it is so ordained. APPROVED�AS TO FORM AND LEGALITY: S. G. JOHNDROE, JR., City Attorney Aj d ed �)'Ol h fr /�" 1,7 -4- r'l� - Cityo Fort Worth Texas f Mayor and Council Communication f1Al�lt� ORM" DATE REFERENCE SUBJECT: Milk Inspection Fees PAGE NUMBER mild 10/14/74 G-2528 1 of 2 In 1964 the Milk Inspection Ordinance was amended to increase milk inspection fees and permits to provide primary financing for the inspection program which helps assure quality milk and milk products in the City of Fort Worth. In 1964 the cost of providing inspectional service was $74,000 per year. Since that time the cost, including salaries, materials and transportation has more than doubled, and the proposed budget for 1974-1975 includes approximately $150,000 for field and plant inspections and approximately $40,000 for labora- tory analysis of milk and milk products. This makes a total of $190,000 per year for carrying out the provisions of the City of Fort Worth Milk Ordinance � . and the U. S. Public Health Service Milk Ordinance and Code. Anticipated revenues for 1974-75 are estimated to be $54,000. The City of Fort Worth Milk Ordinance adopts by reference the U. S. Public Health Service Milk Ordinance and Code, which the Texas State Department of Health has adopted and uses to rate the effectiveness of the City of Fort Worth Milk Inspection Program. The milk and milk products processed by the milk plants in Fort Worth are not sold exclusively in Fort Worth. It is estimated that approximately 40 per cent of the milk and milk products are sold within the City of Fort Worth, the other 60 per cent are distributed throughout Texas and other states. In order for the milk processors to distribute their milk and milk products outside the city limits of Fort Worth, it is necessary under the U. S. Public Health Service Milk Ordinance and Code for the State Department of Health to rate the effectiveness of the City's inspectional program, and if the City maintains a 90 per cent or better rating, then we are in a position to certify milk and milk products of our processors to other cities and states, allowing these products to flow freely in the trade channels. A meeting was held with representatives of the milk industry in the City of Fort Worth to discuss the necessity of increasing the milk inspection fees in order to defray the costs of the inspection program. The annual cost of our milk program ($190,000) and the fees now being paid($54,000) were dis- cussed. A proposed ordinance has been prepared amending the present City milk inspection ordinance with respect to permits and inspection fees. The ordinance calls for increasing the fees for milk received at a processing plant within the city limits of Fort Worth from $.007 per 100# to $.023 per 100#; increasing fees for milk received from plants outside the city limits of Fort Worth from $.0122 per 100# to $.028 per 100#. Also included is an increase in annual permit fees for dairies within the jurisdiction of the City of Fort Worth from $12 to $20 per year. In addition, a fee will be charged for milk analysis of samples collected for upgrading a dairy's milk supply when such dairy's permit has been suspended for bacteriological or sanitation violations. With this increase in fees, it is estimated that the annual fees collected will be DATE REFERENCE SUBJECT: Milk Inspection Fees PAGE .ti NUMBER 10114/74 G-2528 2 of 2 increased from $54,000 to $190,000. This will remove the City taxpayer's subsidy of the milk inspection program, which presently amounts to approxi- mately $136,000 per year. Recommendation It is recommended that the above-described ordinance be adopted amending Chapter 19, Sections 19-108, 109 and 110 of the City Code, increasing milk inspection fees and permit fees. RNL:ms SUBMITTE BY: DISPOSITIO BY COUNCIL: P ESSED BY IT APPROVED ❑ OTHER (DESCRIBE) ��(( +� ,,t &SEC A Y V�.QI�.�.Ns.r�o , ���'/ 7 DATE CITY MANAGER / 7