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HomeMy WebLinkAboutOrdinance 5437 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 19-108, 19-109, 19-110 AND 19-111 OF CAAPTER_19 OF THE FORT WORTH CITY CODE (1964) _ WHICH SECTIONS REGULATE MILK AND MILT{ PRODUCTS IN THE CITY, BY INCREASING FEES;. PROVIDING PENALTIES; MAKING THIS ORDI- NANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; DECLARING THE ENFORCEMENT HEREOF TO BE A GOVERNMENTAL FUNCTION AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. Section 19-108 of Chapter 19 of the Fort Worth City Code (1964) is here- by amended and after being so amended shall hereafter read as follows: "Sec. 19-108. Fees—Producer. "Every operator,of a `dairy or dairy farm filing an application for a permit pursuant to section 19-104 shall pay therefor in advance the sum of twelve dollars ($12.00)." SECTION 2. Section 19-109 of Chapter 19 of the Fort Worth City Code (1964) is here- by amended and after being so amended shall hereafter read as follows: "Sec. 19-109. Same Distributors inspected by city. "Every milk distributor or operator of a milk plant, inspected by the city, making application for a permit pursuant to section 19-105 shall pay therefor in advance an inspection fee as follows: " (a) Such fee shall be based upon the total amount of milk received in such plant and shall be in the sum of seven hundredths of one cent ($.6007) per hundred pounds of milk purchased and/or received in such plant. " (b) In the event such milk plant be lo- cated outside the city limits the fee shall be one and twenty—two one hundredths of one cent ($.0122) per hundred pounds of milk purchased and/or received in such plant. " (c) Such fees shall be payable monthly." SECTION 3. Section 19-110 of Chapter 19 of the Fort Worth City Code (1964) is here- by amended and after being so amended shall hereafter read as follows-. "Sec. 19-110. Same Distributors inspected and certified by other governmental authorities. 7 "Any person who shall distribi&e. milk within the City of Fort Worth pursuant to section 19-106 and whose milk is in- spected and certified by some authority other r -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 Twenty—five and No/100 Dollars ($25-00) a month computed on the basis of one and twenty—two one hund- redths cent ($.0122) per one hundred pounds of milk so distri- buted. "No person, firm or corporation possessing a permit is- sued by the Director of Public Health of the City of Fort Worth under this ordinance for the purchasing, receiving, possessing, packaging or selling of milk or milk products shall have in his possession or on his premises or in storage where milk and milk products are kept any dry milk products that have not been pro- cessed and packaged by a milk plant approved by inspection by the city or certified by some authority other than the city. An inspection fee of twenty five hundredths of a cent ($.0025) per pound on all dry milk or non—fat dry milk products pur- chased and/or received shall be paid by the holder of such per- mit. SECTION 4. - Section 19-111 of Chapter 19 of the Fort Worth City Code (1964) is here- by amended and after being so amended shall hereafter read as follows: "Sec. 19-111. Same Hauler. "Every milk hauler applying for a permit to do business in the city pursuant to section 19-107 shall pay therefor in advance the sum of nine dollars ($9.00)." SECTION 5. Any person, firm, corporation or agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not to exceed Two Hundred and No/100 Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Fort Worth providing for the regulation of the distribution and sale of milk and milk products in the City of Fort Worth, and this ordinance shall not operate to repeal or affect any of such other or- dinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflict- ing provisions, if any, in such other ordinance or ordinances are hereby re- pealed. SECTION 7. If any section, subsection., sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance, and all of the re- mainder of this ordinance not so held to be unconstitutional shall continue to be in full force and effect. SECTION 8. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general pub- lic. 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, and he is hereby relieved from all personal liability, 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 9. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Fort Worth in a Court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance in the Fort Worth City Code. SECTION 10. This ordinance shall take effect and be in full force from and after its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: City Attorney Passed and adopted this day of 1965. City of Fort Worth, Texas *F %F Mayor and Council Communication DATE mpgra susiscr. RAC it 9-7-65 0-844 REVISION OF MILK PERMIT FEES lof 5 Transmitted ,,herewith is a proposed ordinance adjusting fees for dairy farm, milk distributor, milk processing plant, and milk hauler permits ; and establish- ing inspection fees for all businesses processing dry milk products. The proposed ordinance amends Section 19-142 of Chapter 19 of the Fort Worth City Code. Need for Adjustment of Fees Milk inspection costs have increased since milk inspection and permit fees were last adjusted in 1956, due to increased complexity of inspection techniques and procedures resulting from technological changes in methods of collecting and hauling milk, as well as rising salary and price levels. Increased use of automatic milking machines, and bulk milk collection, storage, and hauling equipment have created the need for more extensive inspection of dairy farms and transportation facilities. As a result of the technological changes occurring in the milk industry, the U. S. Public Health Service has adopted more, stringent regulations for determining the quality and acceptability of milk, and these regulations form the basis for the City's milk inspection procedures. During the 1956-57 fiscal year, after adoption of the present milk fee schedule, approximately $55,000 was spent for the milk inspection program, and permits and f'ees produced approximately $20,000 in revenue, or 36 per cent of cost. The budgeted cost of the milk inspection program in 1965-66 is approxi- mately $90,000, which is 63 per cent more than in 1956-57. Under the present fee schedule, only $2,6''''500 in milk inspection revenues would be collected in 1965-66, which is 29 per cent more than in 1956. The proposed fee adjustments would add an estimated $14,000 to milk inspection revenues during the 1965-66 fiscal year, and reduce the gap between milk inspection costs and income. Contact has been made with representatives from the Fort Worth milk industry for the purpose of discussing proposals for raising fees. It is the consensus of the milk producers that the various milk inspection fees should be revised as proposed in this communication. Fee Adjustments Pro Deed The following is a summary of the Vroposed changes in the milk permit fees ordinance, with explanatory comments. Change Comment I., Adjustment of permit fee for dairy The City of Fort Worth's milk shed ,farms, encompasses most of the area within a 75 mile radius of the City, and Present Pro2osed all dairy farms in this area which produce milk for consumption in the $6 annually $12 annually City of Fort Worth must be inspected by the Health Department. The inspections include examination of the premises of the dairy farm to insure compliance with the City DATE REFERENCE SUBJECT: PAGE t4UMSM 9-7-65 G-844 REVISION OF MILK PERMIT FEES Of --i........... Change Comment fl,ealth Code, perio'die colLecting and testing of samples of milk, and determining the grade of milk pro educed on the farm in accordance with state and federal government standards. The current permit fee is a token payment in relation to the cost of providing inspec- tion service. 2. Revision of the basis for and Milk is purchased and processed on increase in amaune of fees for the basis of weight, rather than inspection of milk processors. volume, and it is proposed to change the basis for the inspec- tion fee from gallons to pounds for Present greater simplicity and uniformity. The gallonage fees now in effect Inside City $.40/1,000 gal. are equivalent to $.00465 per Outside City .70/1,000 gal. hundred pounds for plants located inside the City limits and Fro2osed $.00814 per hundred pounds for plants located outside the City, Inside City $.007/cwt. and the proposed fees represent a Outside City .0122/cwt. 50 per cent increase over the fees now in effect. The variance in fee rates between plants located Inside the City limits and those located outside the City is due to the additional travel time required to inspect plants out- side the City limits, and the fact that those located inside the City limits pay City taies as well as inspection fees. Inspection fees comprise a small part of the cost of milk, as illustrated by the fact that the June, 1.965 price paid for raw milk was $4.83 per hundred pounds plus a premium for butterfat content in excess of the required mininumn for Class I 'in,11,k. The pr�oposed fee Df $.007 per cwt. represents 0.145 per cent of the price paid by processors, for, r,aw -mil.k. 3. Revision of basis for inspection The City of Fort Worth accepts changes for milk distributors. milk products from processors in (Businesses distributing milk from other citles if the proceswi ng a processing plant not inspected platits have been inspected by a by Fort Worth Health Department.) recognizied inspecting atithority, - DATE "EFERENCE PAGE 9-7-65 G-844 REVISTON OF KLLK PERMIT FEES of Present Pro2osed 90, P but this milk is reinspected 4hen I , brought into the City by wliolesale daily average; $25 with a $25 p,er is, charged on the basis of daily vionth minimum average gallonage of milk distri- each additional buted, averaged over a one year 500 gal. - daily period. The current fee is $25 average; $10 annually for the first 5,00 gallons distributed (daily averagle) and Xinivu:m annual $25 $10 for each additional 500 gallons (daily average), payable annually, with a minimum annual. fee of $25. The proposed ordinance changes 'the basis of the fee to $.0122 per hundred pounds, payable monthly, with a minimum charge of $25 per month. Most of the milk received from processors not inspected by the Fort Worth Health Department comes from the Dallas area. The City of Dallas charges a fee of $.028 per hundred pounds for milk distributed in Dallas whichis processed in plants not inspected by City of Dallas per- sonnel, with a minimum charge of $25 per month. Fort Worth area inilk, processors have urged an increase in Fort Worth's fee to a rate more in line with that cha,rged 'by Dallas, in order to eliminate the competitive disad- vanu,tge that results from the lower Fort Worth fee compared to the DalLas fee. A comparison of present and proposed Fort Worth inspection charges and the City of Dallas rate is provided 'in the attached table. The higher reinspection fee on wholesale distributors is justified because the current fee is inadequate to cover the cost of periodically testing milk coming into the City from outside processors to insure that the milk products have not been contaminated in transit. -�_-- _ DATE REFERENCE NWE NUMBER 9-7-65 0-844 SION OF M11K PERMIT FEES _A_ a Chang .g�e Lomment 4. Inspection fee for dry milk The City has no specific legal products sold in the City of Fort provision for its present dry milk Worth. products inspection program. How- ever, dry milk producers are Present Posed charged a permit fee based on equating dry milk products with lst 500 gal. daily $.0025 per pound non-dry milk products and charging average $25; each on the same basis as the fee for additional 500 gal. distributors. A dry milk inspec- daily average $10; tion fee of $.0025 per pound is Minimum annual $25 proposed for all dry milk or non- fat milk products distributed or received in the City of Fort Worth, with the inspections to be made at the wholesale distributors' plants and the permit fee paid by such distributors. 5. Adjustment of permit fee, for bulk Most bulk milk is hauled in tank milk haulers. , trucks thick must be periodically inapected to insure that they Present Proposed conform, to the standards set forth in the City Health Code, $6 per truck annually $9 per truck because of the hazards inherent annually in hauling a commodity that is as susceptible to contamination as milk. The proposed $9 fee is in line with the 50 per cent increase proposed to be applied to milk processors. Co2parison of Major Texas Cit a MMLk Inspectio Fees The attached schedule provides a comparison of inspection fees for dairy farms, distributors, processors, mill haulers, and dry milk products , incl5ding Fort Worth's present and proposed fees. Fee costs are indicated for specific quantities of milk to provide a uniform basis for comparison, due to divergent, bases for fees in the various cities. This comparison indicates that the proposed fee schedule for Fort Worth is considerably lower in most instance$ than the cities in an attempt is apparently made to recover a substantial, percentage of the cost of the program (Dallas, San Antonio, and Wichita Falls). The fees charged by Houston, Austin, and Amarillo produce only nominal amounts in relation to inspection costs. DATE R CE SUBJECT: PAGE NUMBER 9-7-65 G,-844 REVISION OF MI ERNIT FEES of Recap mmendation It is recaintended that the proposed ordinance be adopted adjusting the various 'milk inspection fees permits as described in this cannunication, in order to bring revenues from this source more in line with the cost of the it inspection program, The effective date of the proposed increase is recommended to "be October 1, 1965, which is the renewal date for the annual milk permits. J L B :(01M i Attach. ....................... SUBMITTED BY: ?p D BY 0 OTIRER (DESCRIBE) Mys CrRETARWY CITY MANAGER