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HomeMy WebLinkAboutOrdinance 7092 ORDINANCE NO. 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 pay- able monthly. "(c) An annual permit fee of Thirty Dollars ($30.00) per transfer station. "(d) A service fee of Eight Dollars ($8.00) for each milk sample tested, pursuant to the request of such permit holder for a milk analysis for the pur- pose of upgrading his milk supply. Such fee is. due . and owing upon receipt of statement." SECTION 3. That Division 2 of Article V of Chapter 19 of the Code of the City of Fort Worth (1964), as amended, be, and the same is hereby amended by the addition thereto of Section 19- 109.1, which section, after being so added, shall be and read as follows: "Every milk processing plant or receiving station which is not otherwise regulated by in- spection under the authority of this article which receives Grade A raw milk from a dairy farm operating under a permit issued by the health officer shall be subject to inspection, pursuant to the provisions of this article, and shall pay an inspection fee of Two and Eight-Tenths Cents ($.028) 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 ($30.00) a month, computed on the basis of Two and Eight-Tenths Cents ($.028) 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 misdemeaner, 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 -4-