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HomeMy WebLinkAboutOrdinance 12707ORDINANCE NO. ~~~~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 16, "HEALTH AND SANITATION," ARTICLE IV, "FOOD ESTABLISHMENTS;" SECTION 16-115, PROVIDING FOR FEES FOR PERMITS AND HEALTH DEPARTMENT SERVICES; PROVIDING THAT THIS ORDINANCE fS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS• SECTION 1. The Code of the City of Fort Worth (1986), as amended, is amended by the amendment of Chapter 16, "Health and Sanitation," Article IV, "Food Establishments," Section 16-115, "Fees," so that hereafter said section shall read as follows: Section 16-115. Fees. The City Council shall adopt a schedule of fees for (a) Food establishment permits, including an additional fee for the reissuance of a permit after its expiration, (b) Re-inspection, (c} Plans review; (d) Change of ownership, and (e) Pre-permit requests for services The Health Department may not issue a permit or conduct a plans review until all requisite fees have been paid. 1 SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. it is hereby declared to be the intention of the City Councii 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section SECTION 4. All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the provisions of the ordinances amended and repealed in Section 1, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 2 SECTION 5. This ordinance steal{ be in full force and effect after its passage as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: STApy~'C1loY A ADOPTED: ~D' o ` "~~ EFFECTIVE. 3 City of Fort Wordy Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/08/96 **G-11b40 50CHSFEE 1 of 2 SIIBJECT ORDINANCE AMENDMENT EXPANDING CONSUMER HEALTH FEES RECOMMENDATION It is recommended that the City Council approve the attached ordinance amending Chapter 16, "Health and Sanitation," Article IV, "Food Establishments," Section 16-115, of the City Code, as follows 1 Amend Section 16-115, "Fees," to provide for the following fees • An additional fee for the reissuance of a permit after its expiration, and • A re-inspection fee The Health Department may not issue a permit or conduct a plans review until all requisite fees have been paid 2 It is further recommended that the City Council a Approve an annual food service permit fee of 5170 plus 55 per employee effective October 1, 1996 b Approve an annual child care facility permit fee of 5170 plus 55 per employee effective October 1, 1996 c Approve an additional fee for the reissuance of a permit after its expiration in the amount of five percent (5%) per month of the permit fee effective October 1, 1996 d Approve a re-inspection fee for site visits in excess of three per year charged at 542 08 per hour effective October 1, 1996 DISCUSSION These fees have been recommended to the City Council in order to cover the cost of improving the level of service in the community as recommended by the Texas State Health Commissioners Task Force on Retail Food Protection and the Retail Division of the Texas Department of Health Currently the number of establishments per inspector in the Consumer Health Program is 311 facilities to one inspector, as opposed to the recommended 220 per inspector Inspections per establishment per year average 1 64 as opposed to the recommended 2 inspections per year of the state To work toward the recommended desired levels of food service safety, two additional Consumer Health Specialists and one additional support staff person have been added to the FY 96-97 Budget These fees will recover the cost of these additional staff Printed on Recycled Paper City of Fort Worth Texas Mayor and Council Communication DATE REFERENCE NUMBSR LOG NAME PAGE 10/08/96 **G-11640 50CHSFEE 2 of 2 suss$cT ORDINANCE AMENDMENT EXPANDING CONSUMER HEALTH FEES FISCAL IMPACT The proposed budget to implement the service improvement is 5149,379 To support the service level improvement, the following fee changes are proposed Estimated Revenue From Revised/New Fees • Increase food establishment permit fees from 5135 to 5170, and 55 00 per employee, and Increase child care facility permit fees from 5125 + 52 50 per employee to 5170 + 55 per employee 3,400 food facility permits X 535 250 child care facility permits X 545 Annual Estimated Revenue 5130,250 • Create an additional fee for the reissuance of an expired permit in the amount of 5% per month of the permit fee X 5116,000 receivable (to be applied on permit up to 2 months past due) 5,800 • Fee for services in excess of 3 site visits per year at 542 08/hour X 1 5 hours 200 excess service visits X 565 13,000 TOTAL ESTIMATED NEW ANNUAL REVENUES 5149,050 TOTAL NET REVENUE DECREASE TO THE GENERAL FUND FROM FOOD ORDINANCE PROPOSAL $ (329) FISCAL INFORMATION/CERTIFICATION The Health Department will be responsible for collecting and depositing all applicable fees LW •f Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 O i i i D H d APPROVED r g nat ng epartment ea : ~ ~ ~ ~ ~ ~~~~ Libby Watson 6183 (from) ~n~ For Additional Information , ~ Contact ~ ~ ~~- : +t l ~ t~ A ~ S ~ ' Cit Letha Aycock '7204 3 t eCY6 fi V , g 'City of F~rf V1t~S ~..r -~ ~~ ~F Printed on Recycled Paper ~~~I ~ /Q~ ~V