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HomeMy WebLinkAbout780 ORD - 11/02/1937AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH; DEFINING MILK AND CERTAIN MILK PRODUCTS, MILK PRODUCERS, MILK PRODUCER -DISTRIBUTOR, LIILK DISTRIBUTOR, MILK DEALER, LIILK DISPENSER, LIILK PLANT, DAIRY, PASTEURIZATION, GOAT LIILK,HEALTH OFFICER, ETC., PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED LIILK AND MILK PRODUCTS, REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS, REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS, THE EXAMINATION, GRADING, LABELING, PLACARD- ING, PASTEURIZING, REGRADING, DISTRIBUTION AND SALE OF MILK AND MILK PRODUCTS, PROVIDING FOR THE PUBLISH- ING OF MILK GRADES, THE CONSTRUCTION OF FUTURE DAIRIES AND LIILK PLANTS, PROVIDING REQUIREMENTS AND USES OF MILK HOUSE, TOILET, WATER SUPPLY, UTENSILS, CLOTHING, MILK STOOLS; PROVIDING FOR THE EXAMINATION AND IN- SPECTION OF PERSONNEL HANDLING MILK OR MILK PRODUCTS; PROVIDING FOR THE CONSTRUCTION, EXAMINATION, IN- SPECTION AND CLEANLINESS OF ALL EQUIPMENT USED IN PRODUCTION OF IJIILK AND MILK PRODUCTS; PROVIDING FOR THE METHOD OF DELIVERY OF I!IILK TO QUARANTINED RESI- DENCES; PROVIDING FOR LICENSE FEES; PROVIDING REMEDIES AND FIXING PENALTIES FOR THE ENFORCEMENT OF THIS ORDI- NANCE, AND PROVIDING THAT IF ANY PORTION OF THE ORDI- NANCE BE HELD INOPERATIVE OR INVALID THE REMAINDER OF THE ORDINANCE SHALL BE UNAFFECTED THEREBY, AND DECLAR- ING AN EMERGENCY", BY AMENDING PARAGRAPHS FOUR, FIVE, SIX, AND SEVEN OF SECTTION SEVEN, AND PARAGRAPHS SIX AND SEVEN OF SECTION TEN THEREOF; AND DECLARING AN EMERGENC Y. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That Paragraphs Four, Five, Six, and Seven of Section Seven of the Ordinance known as "The Milk Ordinance, adopted by the City Council of the City of Corpus Christi on the 14th day of July, 1937 and recorded in Volume 9, page 525 of the Ordinance and Resolution Records of the City of Corpus Christi, be amended so as to hereafter read as follows: "Provided that all Distributors and/or Producer -Distributors of Grade "A" Raw Milk roust be actively engaged in Bang's disease eradication under contract with the U. S. Department of Agriculture, Bureau of Animal Industry or the Texas Livestock Sanitary Commission for the testing of their herds and additions thereto Bang's disease. The first test under either of these contracts roust have been completed on or before December 1st, 1937 and testing continued as required under either of the contracts." "Provided further that failure to comply with the above requirement or failure to comply with all the requirements of the Federal or State Contract will result in revoking or suspending of permit to distribute raw milk in the City of Corpus Christi, Texas, until such requirements are complied with." "Provided further that all producers, other than those mentioned above, shall be under Federal or State Contract for eradication of Bang's disease or shall furnish proof of having made application for such contract and shall become actively engaged in this program at the first opportunity. Failure to comply with this provision will -result in suspension of permit to sell milk in Corpus Christi, Texas, until such time as these require- ments are complied with." "Said reactors of the above tests shall be disposed of in accordance with the requirements of the U. S. Department of Agriculture, Bureau of Animal Industry and/or Texas Livestock Sanitary Commission." SECTION 2: Said ordinance shall further be amended so that Paragraphs Six and Seven of Section Ten of said Ordinance shall hereafter read as follows: "No milk and/or milk products can be sold or served in hotels, cafes, soda fountain, restaurants, and/or similar establishments except in the original container in which it is received from the distributor. The milk used in the making of drinks may be dispensed from an apparatus or pump approved by the Health Officer. This requirement shall not apply to cream consumed on the premises which may be served from the original bottle or from a dispenser approved for such service by the Health Officer." "Bottled milk and/or milk products, if stored in water, shall be so stored that the tops of the bottles will not be submerged. SECTION 3: The fact that the City Council of the City of Corpus Christi deems that it will be beneficial to the City of Corpus Christi, and the public health, to provide as provided herein for more sanitary methods of handling the milk supply of said City creates a public emergency and a public imperative necessity, requiring a suspension of the Charter Rule providing that no Ordinance or Resolution shall be passed finally on the day it is introduced, and that such Ordinance or Resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative public necessity exists, and requested that said Charter Rule be suspended and that this Ordinance be passed finally on the date it is introduced, and that this Ordinance take effect and be in full force and effect from and after its passage, and IT IS SO ORDAINED. PASSED the 2 day of November, A. D. 1937. APPROVED the 2 day of November, A. D. 1937. A. C. McCaughan Mayor, City of Corpus Christi, Texas. ATTEST: T. R. Kring City Secretary. APPROVED AS TO LEGAL FORM: R. Briscoe King City Attorney. Corpus Christi, Texas. November 2nd, 1937. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency and an imperative necessity exists for the suspension of the Charter Rule or requirement that no Ordinance or Resolution shall be passed finally on the date it is introduced, and that such Ordinance or Resolution shall be read at three several meetings of the City Council, I, therefore, hereby request that you suspend said Charter Rule or requirement and pass this Ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, A. C. McCaughan Mayor, City of Corpus Christi, Texas. The Charter Rule was suspended by the following vote: A. C. Mcdaughan Afire Joe Mireur Aye C. 0. Watson Aye D. A. Segrest Absent Thos. R. McGee Aye This Ordinance was passed by the following vote: A. C. McCaughan Aye Joe Mireur Aye C. 0. Watson Aye D. A. Segrest Absent Thos. R. McGee Aye