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HomeMy WebLinkAbout13819 ORD - 07/06/1977A JKH: vp:6/ 21177: 2nd AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTIUN 19 -180, DEFINITIONS, OF ARTICLE VII, FROZEN DESSERTS, SO AS TO ADD DEFINITION OF MOBILE UNIT; ADDING A NEW SECTION, 19 -193, INSPECTION FEES, SO AS TO PROVIDE FOR INSPECTION OF FROZEN DESSERTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;,PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 19 -180, Definitions, of Article VII, FROZEN DESSERTS, of the Code of Ordinances, City of Corpus Christi, 1976 Revision, be and the same is hereby amended by adding the following definitions: Mobile Unit - a mobile unit as used in this article is any person who operates a mobile vehicle on the streets and offers for sale or dispenses prepacked frozen des- sert products which have been manufactured and packaged by a frozen or unfrozen dairy food products plant approved under the provisions of this article, x. Counter Freezers and /or Freezers for Soft Ice Cream - a machine used on the premises of a retail outlet to pro- duce a frozen dessert, as defined, from an unfrozen dessert mix. SECTION 2. That a new section, numbered 19 -193, entitled Inspection Fees, be added to Article VII, FROZEN DESSERTS, said new section to hereafter read as follows: "Section 19 -193. Inspection fees. (1) When the mix or frozen or unfrozen dairy food products plant is located within the City of Corpus Christi and subject to inspection under the provisions of Corpus Christi Frozen Dessert Ordinance, a minimum inspection fee of Twenty ($20.00) Dollars per month shall be paid, on zero to twenty thousand (0 - 20,000) gallons of mix or frozen or unfrozen dairy food products processed or packaged for sale. In addition, a monthly fee MICROFILMED 1389 JUL 0 71980 of seventy -five ($0.75) cents per thousand (1,000) gallons on all amounts of mix or frozen or unfrozen dairy food products over twenty thousand (20,000) gallons processed or packaged for sale each month shall be paid by the permittee. (2) When the mix or frozen or unfrozen dairy food pro- ducts plant is located outside the city, and whether or not the plant receives routine inspection service from another authorized regulatory agent, a minimum city inspection service fee of Twenty -five ($25.00) Dollars per month, shall be paid on zero to twenty thousand (0- 20,000) gallons of mix or frozen or unfrozen dairy food products processed or packaged for sale in the City of Corpus Christi. In addition, a monthly fee of eighty ($0.80) cents per thousand (1,000) gallons on all amounts of mix or frozen or unfrozen dairy food products desserts over twenty thousand (20,000) gallons processed or packaged for sale each month in the City of Corpus Christi, shall be paid by the permittee. (3) The permit fee for mobile units shall be $60 per unit per year. (4) The permit fee for counter freezers and /or freezers for soft ice cream, shall be $60 per year. (5) Upon receipt of an invoice from'the Health Officer, the permittee shall pay the appropriate fee to the Collection Section of the City of Corpus Christi except it the permittee is a mix or frozen or un- frozen dairy food products plant who shall pay their fee upon the basis of a sworn monthly report to be prepared by the permit holder at the close of business on the last day of each month. Said report shall be mailed within ten (10) days to the Collection Section, -2- who shall upon receipt of such report compute in accordance with the preceding schedule the inspection fee to be paid and prepare invoices and send one such invoice to the permit holder. Within ten (10) days from the date of the invoice, the permit holder shall pay to the Collection Section of the City of Corpus Christi the sum for inspection fees for which he has been billed by invoice. (6) For production computation purposes two (2) dozen three (3) ounce novelties shall equal one (1) gallon of ice cream or frozen dairy food products. (7) Any holder of a permit whose premises is subject to inspection provided for in accordance with provisions of the Corpus Christi Frozen Desserts Ordinance shall at all times upon request make available to the Health Officer such books and records as are necessary for determination of the amount of the inspection fees to be paid. SECTION 3. Save and except as amended hereby, Article VII of the Code of Ordinances, City of Corpus Christi, shall remain in full force and effect. SECTION 4. That all ordinances or parts of ordinances in conflict herewith oe and the same are hereby repealed to the extent of such conflict. . SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provision of the Charter of the City of Corpus Christi. That the foregoing ordinance was read for he first time and passed to its second reading on this the .124d day of , 19__, by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample That the foregoing ordinance w s read fo he second ti a and passed to its third reading on this the AqK day of 1977 , by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample sip That the for goi g ordinanc was read for the third tim and passed finally on this the ay of 19_7Z_, by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill a Bob Gulley Gabe Lozano, Sr. Edward L. Sample / PASSED AND APPROVED, this the (O day of , 1977 ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROIVEP.. _ DAY OF 19 7/ y This ordinance is in effect an1A force with or without the J. BRUCE AYCO CITY ATTORNEY signature of the Mayor, in accordance with Article II Section 6 of the City Charter. By Assistant #Ci.-,.ey 13819 T - - PUBLISHER'S AFFIDAVIT ; STATE OF TEXAS, iss: County of Nueces. J Before me, the undersigned, a Notary Public, this day personally came ... ............................... _Gloria --- Lopez ........ ...... ......................... who being first duly sworn, according to law, says that he is the ........................ ... ............................ of the Corpus Christi Caller and The Corpus Christi Times, k Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of _ LEGAU._ YO210E OF- PASSAGE OF ORDINAV_CE NO . _._ 13819.. ................................................ ....... ........................ ............_._.... ................:._......_..._. ............... ................ -_. of which the annexed is a true copy, was published in .... Ca11P. r= 1' imes ........................... .............. __ ....... on the 1.1 day of July ................... 19.7.7.., audw=jtxt gh ............................ thereafdeucfor--------------- --- - ...... coR. e, Et�tti@ ae ........................ ............................... --------------- 1 ..............Times. $....... Zk r.Jr.3.- ..- •--- ....... - Q Iora- �I�opez ...-•- --- •----- ----•---•-1'icco"u -n- brig..- ---.. Subscribed and sworn to before me this.........1 ...... -day of......_ July .... ............................ ... 19..._77.... R. Sandoval D _ ._.......A_• ............ .....:• . ............ .................................. ... _. Not Public, Nueces County, Texas I NOTICE OF PASSAGE OF ORDINANCE NO. 13819 _ AMENDING THE.CODEOf ORDINANCES, CITY OI CORPUS CHRISTI, 1976 REV I SION, BY AMENDING SEC TION 19-184 DEF.I NITIONS OF ARTICLE VII, FROM DESSERTS, SO AS TO ADE DEFINITION OF MOBILE UNIT; ADDING ANEW SEC FOR INSPECTION OF FRO ZEN DESSERTS; REPEAL ING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVER- ABILITY; AND PROVIDING FOR PUBLICATION, WAS PASSED AND APPROV- ED by the City Cautx:il of 'K. City of Corpus Christi, Texas during the Regular Council Meeting held on July 6, 1977, at 2:00 p.m and provides that It shall be in full farce and effect from and after the passage and publication one time In the offi. cial publication of the City of Corpus Christi, Texas ISSUED UNDER MY HAND AND SEAL,of the City of Cor- pus Christi, Texas, this 71h day Of July, 1977, 3•Bill G. Read! C J: r s i r