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HomeMy WebLinkAbout10376 ORD - 07/28/1971• • AN ORDINANCE AMENDING SECTION 15 OF ORDINANCE NO. 8211, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 19, 1966, RELATING TO ESTABLISHING LICENSE FEES FOR MILK PRO- DUCERS, MILK PRODUCER - DISTRIBUTORS, MILK DISTRIBUTORS, MILK DEALERS AND MILK DISPENSER OF MILK AND /OR MILK PRODUCTS BY AMENDING LICENSE FEES ESTABLISHED BY SAID ORDINANCE; PROVIDING REPEAL OF ALL ORDINANCES IN CON- FLICT AND ESTABLISHING AN EFFECTIVE DATE; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTION 15, ORDINANCE NO. 8211, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 19, 1966, BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: "SECTION 15. LICENSE FEES. EVERY MILK PRODUCER, MILK PRODUCER - DISTRIBUTOR, MILK DISTRIBUTOR, MILK DEALER AND MILK DISPENSER OF MILK AND/OR MILK PRODUCTS AS DEFINED IN THIS ORDINANCE, WHETHER OPERATED BY AN INDIVIDUAL OR AS A FIRM, ASSOCIATION, PARTNERSHIP OR CORPORATION SHALL iNMED1ATEi.. UPON PASSING OF THIS ORDINANCE, MAKE APPLICATION iH WRITING TO THE HEALTH OFFICER OF THE CITY OF CORPUS CHRISTI, TEXAS, UPON A FORM PRESCRIBED AND FURNISHED BY SAID HEALTH OFFICER, FOR PERMIT TO PRODUCE, DISTRIBUTE, SELL AND/OR DISPENSE MILK FOR CONSUMPTION WITHIN THE CITY LIMITS OF CORPUS CHRISTI, TEXAS, AS HAS HERE-INBEFORE BEEN DEFINED IN THIS ORDINANCE, AND SHALL PAY THEREFOR, IN ADVANCE, A LICENSE FEE AS FOLLOWS. "DISTRIBUTORS OF GRADE A PASTEURIZED, AS DEFINED IN THIS ORDINANCE AND ORDINANCE NO. 8211, SHALL PAY A LICENSE FEE, IN ADVANCE, COMPUTED AS FOLLOWS: SUCH FEE SHALL BE BASED UPON THE AVERAGE DAILY AMOUNT OF MILK DISTRIBUTED, COMPUTED OVER A YEAR'S OUTPUT AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUM OF $110.00 FOR THE FIRST 100 GALLONS OR LESS PER DAY FOR SUCH AVERAGE OUTPUT, AND AN ADDITIONAL FEE OF $1F.00 FOR EACH 25 GALLONS OR A FRACTION IN EXCESS OF SAID FIRST 100 GALLONS PER DAY, COMPUTED ON THE BASIS OF THE AVERAGE DAILY OUTPUT, AS HEREINBEFORE STATED. "PRODUCER - DISTRIBUTORS OF GRADE A PASTEURIZED MILK, AS DEFINED IN ORDINANCE NO. 8211, SHALL PAY A LICENSE FEE, IN ADVANCE AS FOLLOWS: 1G376 • • SUCH FEE SHALL BE BASED UPON THE AVERAGE DAILY AMOUNT OF MILK DISTRIBU- TION, COMPUTED OVER A YEAR'S OUTPUT AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUM OF $40.00 FOR THE FIRST 100 GALLONS OR LESS PER DAY FOR SUCH AVERAGE OUTPUT AND AN ADDITIONAL FEE OF 14.00 FOR EACH 50 GALLONS COMPUTED THEREOF IN EXCESS OF SAID FIRST 100 GALLONS COMPUTED ON THE BASIS OF THE DAILY OUTPUT HEREINBEFORE STATED. "PRODUCERS OF GRADE A MILK, AS DEFINED IN ORDINANCE NO. 8211; SHALL PAY A FEE, IN ADVANCE, AS FOLLOWS: SUCH FEE SHALL BE BASED UPON THE AVERAGE DAILY OUTPUT OF MILK PRODUCED,COMPUTED OVER A YEAR'S OUTPUT AND ESTABLISHED IN ADVANCES AND SHALL BE IN'THE SUM OF $30.00 FOR THE 1FIRST 100 GALLONS OR LESS FOR SUCH AVERAGE OUTPUT AND AN ADDITIONAL FEE OF $14.00 FOR EACH 50 GALLONS OR FRACTION THEREOF IN EXCESS OF SAID FIRST 100 GALLONS COMPUTED ON THE BASIS OF THE DAILY OUTPUT HEREINBEFORE STATED. "DEALERS OF GRADE A MILKS AS DEFINED IN ORDINANCE NO. 8211, SHALL PAY AN ANNUAL LICENSE FEE OF $4.0o. "DISPENSERS OF GRADE A MILKS AS DEFINED IN ORDINANCE NO. 8211, SHALL PAY AN ANNUAL LICENSE OF $12.00. "SUCH PERMITS SHALL ENTITLE SAID MILK PRODUCER, MILK PRODUCER - DISTRIBUTOR, MILK DISTRIBUTORS MILK DEALERS AND MILK DISPENSERS TO DO BUSI- NESS IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE AND ORDINANCE No. 8211, AND UNLESS REVOKED, SHALL CONTINUE IN FORCE FOR A PERIOD OF ONE FISCAL YEAR, OR FRACTIONAL PART THEREOF, BEGINNING MARCH 1, EACH YEAR AND SHALL BE NONTRANSFERABLE AND SHALL BE RENEWED ACCORDINGLY UPON APPLICATION AND PAYMENT OF LIKE SUM IN ACCORDANCE AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS ORDINANCE. THIS LICENSE FEE SHALL BE PAID TO THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS." SECTION 2. ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE SHALL BE REPEALED IMMEDIATELY AFTER PUBLICATION,AS PROVIDED HEREINABOVE, AND THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER SAID PUBLICATION. SECTION 3. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT -2- • ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 4. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THIS ORDINANCE. SECTION 5. THE NECESSITY FOR CHANGING THE FEES AS HEREINABOVE PROVIDED 50 AS TO PROVIDE THE SERVICES TO THE CITIZENS PROVIDED FOR IN SAID ORDINANCE AND TO PROTECT THE PUBLIC HEALTH AND WELFARE CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN- SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLU- TION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER �y{7/�ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THF��Z ,ii DAY of , 1971. ATTEST: APPROVED: DAY OF 1971: CITY ATTORNEY $20. 0 MAYOR THE CITY OF CORHLVEHRISTI, TEXAS • • CORPUS CHRISTI, TEXAS 021114--DAY OF TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS , 197/ FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 15 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR 74, THE CITY OF CORP CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW! RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Ls. County of Nueces. ff day personally came W! Before me, the undersigned, a Notary Public, this da p y •- Leland G. Barnes , who being first duly sworn, according to law, says that he is the Classified Manager of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of _.. I. �i�al- •.,._.I�Totic�•-- oT--•l�a sa�gE•.. of- orslinanc- e-- •na...10��- 6- •- amzxtding -• x.- .sscti�a- -15--� ordqa ance nod.. $211 -- -- was published in Times_.._.._.- _.._...___. ___._.----------"- of wlucTtt�e annexe is a true copy. ter�ep:..- .- .--- -.--•- -• .- .19.71_. and -ouee eaelr..._.........._. on thelPtil day of July —•.._. . eenseeetive- Le1an me --77 - Subscribed and sworn to before me tarp Public, Nueces County, Texas Louise Vick I 9 50 C;.G'o C'ION IS DF 00 DINANCE NO p7 ?L'SEG AND APPROVED EY, ._ CITY P 1.AS ING 0005 E$T- Bt)' 7. ,0! SAID ORDINANCE; PROVIDING RE- PEAL OF ALL ORDINANCES IN • CONFLICT AND ESTABLISHING AN EFFECTIVE DATE; PRO- VIDING SEVERABILITY; PRO. ANON DECLARINGU AN EMER- GENCY. WAS PASSED AND APPROVED by the City Cauncll at the Clty of Carpus Chrlsil, during the Regular Council Meeting held July 28, 1971, at 2:g) 1 p.m., and provides that It shall coke eflect from and after Ifs passage and violation' on�i tl behat a inn3enaof not plty I fceeding Two Hundred (5299.9)1 Dol- ISSUED UNDER MY HAND AND i Texas, this 29th day of July, s 1 19 Christi, T. RAY )(RING, City $ecreiary,, (SEAL) City of Corpus Christi, Texas...