Loading...
HomeMy WebLinkAboutOrdinance 6291 .ORDINANCE NO, G ,� ! I AN ORDINANCE AMENDING SECTION 19-109 OF CHAPTER 19 OF THE FORT WORTH CITY CODE (1964) REGULATING MILK AND MILK PRODUCTS IN THE CITY BY INCREASING FEES; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PRO- VISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; DE- CLARING THE ENFORCEMENT HEREOF TO BE A GOVERN- MENTAL FUNCTION; PROVIDING A PENALTY AND PRO- VIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 19-109 of Chapter 19 of the Fort Worth City Code (1964) is hereby amended and, after having been so amended shall hereafter read as follows: "Sec, 19-109, Same-Distributors inspected by city. "Every milk distributor or operator of a milk plant, inspected by the city, making appli- cation for a permit pursuant to Section 19-105 shall pay therefor in advance an inspection fee as follows: " (a) Such fee shall be based upon the total amount of milk received in such plant and. shall be in the sum of seven tenths of one cent (7/10 of 10) or ($.007) per hundred pounds of milk purchased and/or received in such plant. " (b) In the event such milk plant be located outside the city limits the fee shall be one and twenty-two one hundredths of one cent, (1 and 22/1000) or ($.0122) per hundred pounds of milk purchased and/or received in such plant, " (c) Such fees shall be payable monthly. " SECTION 2, That this ordinance shall repeal every prior ordinance and provision of the Fort Worth City Code in conflict herewith but only insofar as the portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or provisions of the Fort Worth City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 3. That if any section, part of a section or provision of any section of this ordinance shall be held to be void., ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 4. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council, any City official or employee charged with the enforcement of this ordinance, acting for the City of Fort worth in the discharge of his duties, shall not thereby render himself personally liable for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. SECTION 5. That the violation of any provision of this ordinance or of the Fort worth City Code relating to health and sanitation shall be deemed an offense and punishable by a fine not exceeding -2- Two Hundred Dollars ($200) , and each violation thereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby deemed to be a distinct and separate offense and punishable as such. SECTION 6. That this ordinance shall be in full force and effect from and after its passage and publication as required by law, APPROVED AS TO FORM AND LEGALITY; s City Attorney Adopted by 7the City Council Effectiv f76t -3- r City of Fort Worth, Texas McM"""" Mayor and Council Communication LINE DATE REFERENCE SUBJECT: Amendment to Ordinance Setting PAGE NUMBER ws�• 5/18/70 GBER Fees for Inspection of Milk Distributor f or l and Onerators GRAHAM ISHADSHA10 In 1964, the City of Fort Worth Code was amended to set out certain fees to be paid by milk processing plants for inspections made by the Public Health Department. In the process of typing the ordinance which established the fee schedule, an error was made in statement of the cost per one hundred pounds. The fee was typed as 7/100 of 1C or $.0007 per one hundred pounds of milk purchased and/or received in the plant, and it should have been 7/10 of 1C or $.007 per one hundred pounds. Even though stated incorrectly in the ordinance, the fee has been collected correctly by the Health Depart- ment since 1964. Recently in reviewing the ordinance it was discovered that the error had been made. An amendment to the ordinance is proposed amending Section 19-109 of the Fort Worth City Code and providing a fee of $.007 per hundred pounds of milk received and/or purchased in the plants located inside the city limits of Fort Worth. Another fee schedule is in effect for plants located outside Fort Worth. Recommendation It is recommended that the City Council approve the amendment to the ordi- nance setting fees for the inspection of milk distributors and operators as described above. HDM/j e Attachment: Proposed Amendment to Ordinance SUBMITTED BY: DtSPOSIT�O�.$Y COUNCIL: PROCESSED BY OAPPROYED ,_ ❑ OTHER (DESCRIBE) � �'�' `61c l� / CITY SECRETARY � W DATE CITY MANAGER �—/ (i ..>ej