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Home My WebLink About04825 ORD - 07/31/1957, GGP;MEM :7/31/57 AN ORDINANCE AMENDING ORDINANCE NO. a004, PASSED AND APPROVED ON THE 22ND DAY OF DECEMBER, 1954, ENTITLED "AN ORDINANCE DE- FINING 'MILK' AND CERTAIN -MILK PRODUCTS-, 'MILK PRODUCER,, PASTEURIZATION', ETC.; PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS; REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PASTEURIZING PLANTS AND PROVIDING FOR FEES TO BE PAID FOR SUCH INSPECTIONS BY MILK PASTEURIZING PLANTS OR RETAIL RAW MILK DISTRIBUTING DAIRIES; PROVIDING FOP. THE EXAMINATION, GRADING, LABELING, PASTEURIZATION, REGRADING, DISTRIBUTION AND SALE OF MILK, AND MILK PRODUCTS; PROVIDING FOR THE PUBLISHING OF MILK BRANDS, THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS; EXPRESSLY REPEALING IN THEIR ENTIRETY ANi. ORDINANCE M0. 1491 GATED SEPTEMBER 1, 1942, RECORDED IN VCLUHE 13, PAGE 129 OF THE ORDINANCE AND RESOLUTICN RECORDS. ORDINANCES 10. 2971 DATED DECEMBER 27, 1949, RECORDED IN VOLUME 10, PAGE Oe OF THE ORDINANCE AND RESOLUTION RECORDS, AND ORDINANCE NO. 3219 DATED MARCH 11, 1952, RECORDED IM VOLUME 20, PAGE 14 OF THE CRDINANCE AND RESOLUTION RECORDS, REPEALING ALL ORDINANCES IN CON- FLICT WITH THIS ORDINANCE; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE, AND FIXING OF PENALTIES; AND DECLARING AN EMERGENCY" AS AMENDED BY AMENDING SECTION 12 LICENSE FEES, OF SAID ORDINANCE SO AS TO IN _ DISTRIBUTORS OF GRADE "A" PASTEURIZED MILK PRODUCERS DEALERS AND DISPENSERS OF GRADE "A" MILK AND PAYMENT OF FEES TO CITY TAX LULLECTOR: CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATIUN: AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTION 12 OF ORDINANCE NO. 4004, PASSED AND APPROVED ON THE 22ND DAY OF DECEMBER, 1954, ENTITLED "AN ORDINANCE DEFINING 'MILKI AND CERTAIN -MILK PRODUCTSI,'MILK PRODUCER -, 'PASTEURIZATION', ETC,; PROHIBITING THE SALE OF ADULTERATED AND 1115BRANDED MILK AND MILK PRODUCTS; REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PASTEURIZING PLANTS AND PROVIDING FOR FEES TO BE PAID FOR SUCH INSPECTIONS BY MILK PASTEURIZING PLANTS OR RETAIL RAW MILK DISTRIBUTING DAIRIES; PROVIDING FOR THE EXAMINATION, GRADING, LABELING. PASTEURIZATION, REGRADING, DISTRIBUTION AND SALE CF MILK AND MILK PRODUCTS; PROVIDING FOR THE PUBLISHING OF MILK BRANDS, THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS; EXPRESSLY REPEALING IN THEIR ENTIRETY AN ORDINANCE NO. 1491 DATED SEPTEMBER 1, 1942, RECORDED IN VOLUME 13, PAGE 129 OF THE ORDINANCE AND RESOLUTION RECORDS, ORDINANCE NO. 2671 DATED DECEMBER 27, 1949 RECORDED IN VOLUME 1H, PAGE BB OF THE ORDINANCE AND RESOLUTION RECORDS, AND ORDINANCE NO. 3219 DATED MARCH 11. 1952, RECORDED IN VOLUME 20, PAGE 14, OF THE O2DINANG - AND RESOLUTION) RECORDS, REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE. AND FIXING OF PENALTIES; AND DECLARING AN EMERGENCY" AS AMENDED, BE AMENDED TO HEREAFTER READ AS FOLLOWS: Lf8zs -SECTION 12. LICENSE FEES. EVERY MILK PRODUCER. MILK PRODUCER- DISTRIBUTOR, MILK DISTRIBUTOR, MILK DEALER, AND MILK DISPENSER OF MILK AND/OR MILK PRODUCTS AS DE- FINED IN THIS ORDINANCE, WHETHER OPERATED BY AN INDIVVDUAL, OR AS A FIRM, ASSOCIATION, PARTNERSHIP, OR CORPORATION, SHALL IMMEDIATELY:. UPON PASSING OF THIS ORDINANCE, MAKE APPLICATION IN WRITING TO THE HEALTH OFFICER OF THE CITY OF CORPUS CHRISTI, TEXAS, UPON A FORM PRESCRIBED AND FURN15HED 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 HEREIN - BEFORE BEEN DEFINED IN THIS ORDINANCE, AND SHALL PAY THEREFORE, IN ADVANCE, A LICENSE FEE AS FOLLOWS. DISTRIBUTORS OF GRADE NA" PASTEURIZED AS DEFINED, IN THIS ORDINANCE, SHALL PAY A LICENSE FEE, IN ADVANCE, COMPUTED AS FOLLOWS: SUCH FEE SHALL BE BASED UPON THE AVERAGE DAILY AMOUNT OF MILK DIS- TRIBUTED, COMPUTED OVER A YEARSI OUTPUT AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUM OF TWENTY DOLLARS ($20.00) FOR THE FIRST ONE HUNDRED (100) GALLONS OR LESS PER DAY FOR SUCH AVERAGE OUTPUT, AND AN ADDITIONAL FEE OF TWO DOLLARS ( #2.00) FOR EACH TWENTY -FIVE (25) GALLONS OR A FRACTION IN EXCESS AND SAID FIRST ONE HUNDRED (100) GALLONS PER DAY, COMPUTED ON THE BASIS OF THE AVERAGE DAILY OUTPUT, AS HEREINBEFORE STATED. PRODUCER - DISTRIBUTORS OF GRADE WAN PASTEURIZED MILK, AS DEFINED IN THIS ORDINANCE, SHALL PAY A LICENSE FEE, IN ADVANCE, AS FOLLOWS: SUCH FEES SHALL BE BASED UPON THE AVERAGE DAILY AMOUNT OF MILK DIS- TRIBUTION, COMPUTED OVER A YEAR'S OUTPUT AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUM OF TWENTY_. DOLLARS ($20.00) FOR THE FIRST ONE HUNDRED (100) GALLONS OR LESS PER DAY FOR SUCH AVERAGE OUTPUT AND AN ADDITIONAL FEE OF TWO DOLLARS ($2.00) FOR EACH FIFTY (50) GALLONS COMPUTED THEREOF IN EXCESS TO SAID FIRST ONE HUNDRED (100) GALLONS COMPUTED ON THE BASIS OF THE DAILY OUT PUT HEREIMBEFORE STATED. PRODUCERS OF GRADE NAM MILK, AS DEFINED IN THIS ORDINANCE, SHALL PAY A FEE, IN ADVANCE, AS FOLLOWS: SUCH FEES SHALL BE BASED - 2 - UPON THE AVERAGE DAILY OUTPUT OF MILK PRODUCED COMPUTED OVER A YEARS OUTPUT AND ESTABLISHED IN ADVANCE, AND SHALL BE IN THE SUN OF FIFTEEN AND NO/100 ($15.00) DOLLARS FOR THE FIRST ONE HUNDRED (100) GALLONS OR LESS FOR SUCH AVERAGE OUTPUT AND AN ADDITIONAL FEE OF TWO ($2.00) DOLLARS FOR EACH FIFTY (50) GALLONS OR FRACTION THEREOF IN EXCESS OF SAID FIRST ONE HUNDRED (100) GALLONS COMPUTED ON THE BASIS OF THE DAILY OUTPUT HEREINBEFORE STATED. DEALERS OF GRADE •A° MILK, AS DEFINED IN THIS ORDINANCE SHALL PAY AN ANNUAL LICENSE FEE OF Two ($2.00) DOLLARS. DISPENSERS OF GRADE •A^ MILK AS DEFINED IN THIS ORDINANCE, SHALL PAY AN ANNUAL LICENSE FEE OF SIX ($6.00) DOLLARS. SUCH PERMITS SHALL ENTITLE SAID MILK PRODUCER, MILK PRODUCER - DISTRIBUTOR, MILK DISTRIBUTOR, MILK DEALERS, AND MILK DISPENSERS TO DO BUSINESS IN ACCORDANCE WITH THE PROV15IONS OF THIS ORDINANCE, AND, UNLESS REVOKED, SHALL CONTINUE IN FORCE FOR A PERIOD OF ONE FISCAL YEAR, OR FRACTIONAL PART THEREOF, BEGINNING MARCH FIRST, EACH YEAR, AND SHALL BE NON - TRANSFERABLE AND SHALL BE RENEWED ACCORDINGLY UPON APPLICATION AND PAYMENT OF LIKE SUM IN ACCORDANCE WITH AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS ORDINANCE. THIS LICENSE FEE SHALL BE PAID TO THE CITY TAX COLLECTOR OF THE CITY OF CORPUS CHRISTI, TEXAS.- SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISION OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI, TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 3. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE, AND ARE, REPEALED. SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS PUBLI- CATION ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH' PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUMMARY THE PURPOSE OF THE ORDIN- ANCE AND THE PENALTY FOR VIOLATION THEREOF. SECTION 5. THE PUBLIC IMPORTANCE OF THIS ORDINANCE, AND THE FACT THAT THE CITY OF CORPUS CHRISTI DOES NOT HAVE SUFFICIENT AND ADEQUATE REGULATIONS GOVERNING THE REGULATION OF MILK, MILK PRODUCTS, MILK PRODUCERS. MILK DISTRIBUTORS AND OTHER REGULATIONS DESCRIBED IN THIS ORDINANCE CREATES A PUBLIC EMERGENCY AND A PUBLIC IMPERATIVE NECESSITY, REQUIRING THE SUSPEN510M OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE - 3 - IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXISTS, AND REQUESTS THAT SAID CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE TAKE EFFECT AS NEREINABOVE PROVIDED, ANO BE IN FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,, IT IS ACCORDINGLY SD ORDAINED. PASSED AND APPROVED, THIS THE 31ST DAY OF JULY, 1957, MAYOR THE CITY OF CORPUS CHRIST). TEXAS ATT - f CITY SECRE'T AY- / S APPROVED �,AS TC LEGAL FOR14 THIS 2.-e DAY OF J LY,, 1957: lL wy�`CITY ATTORNEY Cr P S CHRISTI, TEXAS .J t ,1957 L TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI. TEXAS G ENTL ENEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE 'READ AT THREE MEETINGS OF THE CITY COUNCIL: 1, THEREFORE. HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR RE4UIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY. MA YOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO. CHARLIE J. RILLS ARTHUR R. JAMES ODELL INGLE i THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE' FARRELL D. SMITH W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS ARTHUR R. JAMES (.Z,<.r DDELL INGLE �-f Sz5