HomeMy WebLinkAbout05466 ORD - 08/19/1959IMS:JKH:8 -14 -59 .
AN ORDINANCE
AMENDING ARTICLE VI OF SECTION 16 OF THE CORPUS
CHRISTI CITY CODE 1 , PERTAINING TO FROZEN
DESSERTS AND MORE PARTICULARLY AMENDING SECTION
16 -117, SUB - PARAGRAPH (G) CONCERNING WATER SUPPLY,
BY ADDING THERETO AS DETERMINED BY A TESTING
METHOD APPROVED BY THE HEALTH DEPARTMENT"; AMENDING
SECTION 16 -117 BY ADDING A NEW SUB- PARAGRAPH DESIG-
NATED AS SUB - PARAGRAPH z EQ I ING THAT THE COLIFORM
COUNT SHOULD NOT AT ANY TIME EXCEED TEN 0 PER .
GRAFA; PRIOR TO D LIVERY; AND FU THER AMENDING ARTICLE VI
OF SAID SECTION B ADDING THERETO A NEW SECTION KNOWN
AS SECTION 16 -125A, PER AINING TO THE _SALE OF FROZEN
DESSERTS BY OPERATORS OF MOBILE UNITS WITHIN THE CITY
OF CORPUS CHRISTI; AND DECLA III NG AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. THAT SECTION 16 -117, SUB - PARAGRAPH (G) OF THE
CORPUS CHRISTI CITY CODE, 19581 IS HEREBY AMENDED TO HEREINAFTER READ
AS FOLLOWS:
"SECTION 16 -117 (G). WATER SUPPLY. THE WATER SUPPLY SHALL BE
EASILY ACCESSIBLE, ADEQUATE, AND OF A SAFE SANITARY QUALITY, AS DETER-
MINED BY A TESTING METHOD APPROVED BY THE HEALTH DEPARTMENT."
SECTION 2. THAT THE CORPUS CHRISTI CITY CODE, 1958, IS HEREBY
AMENDED BY ADDING TO SECTION 16 -117 A NEW SUB- PARAGRAPH DESIGNATED AS
SUB - PARAGRAPH (Z), READING AS FOLLOWS:
"SECTION 16 -117 (Z). MINIMUM COLIFORM COUNT. COLIFORM COUNT
SHOULD NOT AT ANY TIME EXCEED TEN (10) PER :' GRAM :. PRIOR TO DELIVERY.
WHENEVER MORE THAN ONE OF THE LAST FOUR CONSECUTIVE COLIFORM COUNTS OF
SAMPLES TAKEN ON SEPARATE DAYS ARE BEYOND THE LIMIT FOR THE COLIFORM COUNT,
THE HEALTH OFFICER SHALL SEND WRITTEN NOTICE THEREOF TO THE PERSON CON-
CERNED. HE SHALL THEN TAKE. AN ADDITIONAL SAMPLE, BUT NOT BEFORE THE
LAPSE OF THREE DAYS. IMMEDIATE DEGRADING, SUSPENSION OF PERMIT, AND/OR
COURT ACTION SHALL BE CALLED FOR WHEN THE COLIFORM COUNT LIMIT IS VIOLATED
BY SUCH ADDITIONAL SAMPLES OR WHEN THE COLIFORM COUNT LIMIT IS AGAIN VIOLATED
DURING THE REMAINDER OF THE CURRENT SIX -MONTH PERIOD BY MORE THAN ONE OF
THE LAST FOUR CONSECUTIVE SAMPLES, UNLESS THE LAST INDIVIDUAL RESULT IS
WITHIN THE COLIFORM COUNT LIMIT.'
SECTION 3. THE CORPUS CHRISTI CODE, 1958, IS HEREBY AMENDED
5466
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BY ADDING THERETO A NEW SECTION TO BE KNOWN AS SECTION 16 -125A AND SHALL
BE STYLED "MOBILE FROZEN DESSERT OPERATORS" WHICH WILL READ AS FOLLOWS:
"SECTION 16 -125A. MOBILE FROZEN DESSERT OPERATORS.
(A) ALL THE PROVISIONS OF SECTION 16 -113 THROUGH SECTION
16 -126 INCLUSIVE SHALL BE APPLICABLE TO MOBILE FROZEN DESSERT OPERATORS
SAVE AND EXCEPT THE HEREINAFTER SPECIFIC EXCEPTIONS:
(1) SUB- PARAGRAPH (F) OF SECTION 16 -117 PERTAINING
TO TOILET FACILITIES SHALL NOT BE APPLICABLE TO MOBILE
FROZEN DESSERT OPERATORS.
(2) IN LIEU OF SUB- PARAGRAPH (Q) OF SECTION 16 -117,
AS TO MOBILE FROZEN DESSERT OPERATORS THE FOLLOWING
SUB- PARAGRAPH SHALL APPLY:
'(A) COOLING AND HANDLING. ALL MILK, FLUID MILK,
AND FROZEN DESSERT MIXUBED SHALL BE PASTEURIZED AND
AT A TEMPERATURE OF 50° (F) OR LESS WHEN RECEIVED,
AND MAINTAINED AT OR BELOW THAT TEMPERATURE.'
(B) HEALTH PERMITS. PERMITS MAY BE ISSUED BY THE HEALTH
DEPARTMENT ONLY AFTER SUCH APPLICANT HAS FULFILLED ALL REQUIREMENTS OF
THIS ORDINANCE.
(C) APPLICABILITY OF SECTION 16 -125A. THIS SECTION SHALL
NOT BE HELD APPLICABLE TO THOSE SELLING OR OFFERING FOR SALE ANY FROZEN
DESSERT PREVIOUSLY PACKAGED AND FROZEN AT AN APPROVED FROZEN DESSERT
PLANT POSSESSING A VALID PERMIT FROM THE HEALTH DEPARTMENT WHICH EXERCISES
CONTROL."
SECTION 4. THE NECESSITY FOR IMMEDIATE AMENDMENT OF THE
FROZEN DESSERTS ORDINANCE SO AS TO PROVIDE SPECIFIC PROVISIONS FOR MOBILE
FROZEN DESSERT OPERATORS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO -
DUCTION2 AND THAT SAID ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYOR, HAVING DECLARED
SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION
OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE
-2-
DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE
IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY
PASSED AND APPROVED, THIS THE f 0 AY OF , 1959-
ATTEST:
MAYOR
� THE CITY OF COR US CHRISTI TEXAS
CITY SECRETARY
APP VED AS TO LEGAL FORM TH S
DAY 0 F 11 1959-
a4liz �'fj/
CITY AT R E
CORPUS CHRISTI TEXAS
/DAY OF 1959
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
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 INTRODUCEOp AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL;
I THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE-
MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE
PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR THE CITY OF C PUS CHR dTI,TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LOZANO, SR.
THE ABOVE ORDINANCE WAS PASSED BY THE
FOLLOWING
ELLROY KING
JAMES L. BARNARD
MRS. RAY AIRHEART
JOSEPH B. DUNN
PATRICK J. DUNNE
R. A. HUMBLE
GABE LO2AN0, SR. __