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HomeMy WebLinkAbout028692 ORD - 07/20/2010AN ORDINANCE CREATING NEW SECTION 19-106, CHAPTER 19, OF THE CODE OF ORDINANCES REGARDING REINSPECTION OF FROZEN DESSERT MACHINES AND RELATED FEE; AMENDING THE FOLLOWING PROVISIONS OF CHAPTER 23, CODE OF ORDINANCES: SECTION 23-18, ENTITLED "SCHEDULE OF FEES FOR CLINICAL HEALTH SERVICES AND POLICIES RELATED TO THE IMPOSITION AND COLLECTION OF SUCH FEES," TO REVISE EXISTING FEES AND APPLICABLE PROVISIONS; AND SECTION 23-19, ENTITLED "FEE FOR LABORATORY TESTING OF WATER SAMPLES, TO REVISE THE TITLE AND ESTABLISH NEW FEES FOR VECTOR SERVICES; CREATING NEW SECTION 23-24, ENTITLED "RENTAL AND USE OF FACILITIES," REGARDING RENTAL OF THE AUDITORIUM, EQUIPMENT, AND FEES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A new section 19-105, of Chapter 19 of the Code of Ordinances, entitled "Fee for reinspection of frozen dessert machines," is created, to read as follows: "Sec. 19-105 19 111. Rcscrvcd. Fee for re -inspection of frozen dessert machines. "A fee of $50 will be charged for each re -inspection of a frozen dessert machine, including a soft serve ice cream machine. "Sec. 19-106-19-111. Reserved. SECTION 2. Section 23-18, Chapter 23, of the Code of Ordinances, entitled "Schedule of fees for clinical health services and policies related to the imposition and collection of such fees," is amended to read as follows: "Sec. 23-18. Schedule of fees for clinical health services and policies related to the imposition and collection of such fees. "(a) Unless otherwise provided in this section, a fee will be charged to each patient for each visit to any city -county public health clinic facility funded in whole or in part by the city. The fees must be based upon federal poverty income guidelines and must be in the following amounts: 028692 INDEXED "Schedule of Fees'for Clinical Health Services "TABLE INSET: Poverty Income (per cent) Family Size ChargeNisit Maximum Charge/ Family 0--99 1--8 $ 0.00 $ 0.00 100--199 1--8 5.00 10.00 200--299 1--8 10.00 30.00 300 + 1--8 30.00 No maximum "(b) The fee fora visit to the sexually transmitted disease clinic for an exam, lab work, or treatment is fifteen dollars ($15.00). The fee for a blood test at the sexually transmitted disease clinic is ten dollars ($10.00) "(c) No recipient or client eligible for Medicaid shall be charged a fee in addition to the amount reimbursable by Medicaid. "(d) No recipient or client eligible for Title XX family planning services shall be charged a fee. (The maximum income limit for Title XX family planning services is one hundred fifty (150) per cent of the federal poverty income level.) "(e) Each city -county public health clinic will determine if a person is able to pay in accordance with the appropriate schedule; however, the clinic will not deny services because of a person's inability to pay. "(f) Patients or clients whose incomes are above the -two hundred (200) per cent plus poverty level will be referred to the private sector for care unless extenuating circumstances exist. Such circumstances include the provision of immunization services, prevention and control of communicable diseases, unusually high medical expense or the unavailability of specific services that are needed. Such Persons qualifying for such exceptions may receive care at the city -county public health clinic clinics in accordance with the schedule of fees. "(g) A city -county public health clinic may not charge a fee which exceeds the reasonable cost to the clinic of providing service under the applicable clinical program or if prohibited by federal funding requirements. EHord304 Page 2 of 6 "(h) The city -county public health clinic shall make a reasonable effort to' collect the fees, but the clinic may waive collection if the administrative cost of collection will exceed the fee to be collected. "(i) The city -county public health department may modify, suspend, or terminate services to a person, determined able to pay, for nonpayment of fees after notice to the person and opportunity fora hearing. The criteria upon which the city -county public health department will take such action is when the person fraudulently or deliberately misrepresents a material fact about his or her eligibility, ability to pay, or the application of the schedule of fees to him/her. The city -county public health department will conduct such a hearing in accordance with the formal fair hearing procedures specified in sections 1.21 through --1.34 of title 25, Texas Administrative Code." SECTION 3. Section 23-19, entitled "Fee for laboratory testing of water samples," is amended by revising the title and expanding the section to include and establish fees for vector services, to read as follows: "Sec. 23-19. Fee for vector services and laboratory testing of water samples. "The director of public health is authorized to establish a schedule of fees to be charged for vector services and for laboratory testing of water samples. This cchcslulc These schedules must be submitted to the city manager for approval and must be reviewed on an annual basis. The fees may not be increased annually by more than twenty-five (25) per cent - New feet may not be nor may new fees be created without city council's approval by motion or resolution. The approved schedule schedules must be filed with the city secretary and copies must be provided to the city council." SECTION 4. A new section 23-24, entitled "Rental and use of facilities" in Chapter 23, is added to the Code of Ordinances, to read as follows: "Sec. 23 2/1-23-29. Rescrved. Rental and use of facilities. "(a) The director is empowered to prepare and sign rental and use agreements for the rental of the auditorium and equipment at the health department facility. All rental and use agreements shall be signed by the director or the city manager's designee under the following conditions: "(1) The form of every instrument used for a particular purpose shall be approved by the city attorney, provided, however, that this does not require the signatory approval of the city attorney on each document executed pursuant to this section; and "(2) All blanks are filled and information is provided as required by the document. EHord304 Page 3 of 6 "(b) Verbal arrangements to rent and Use any facilities will not be ' recognized under anv circumstances and this article. An executed rental and use agreement shall constitute the entire agreement between the parties and may not be altered unless done so in writing and signed by authorized representatives of both parties. "(c) All agreements shall provide that parties contracting for the rental and use of the auditorium and equipment shall hold the City harmless from any and all liability for anv claim or claims as a result of use and rental of the premises, equipment, or other property, and shall provide for the indemnification of the City in case of any claims resulting from the renter's operations or use or occurring as a result of their occupancy of the premises and use of the property. All agreements shall specifically include such provisions. "(d) The director shall apply any deposit against any amounts owed to the City for the rental and use of the facilities/equipment, and the director may refuse to enter into any agreement until any and all amounts due the City by any person or organization for the planned rental have been paid in full. "(e) The director, or the director's representative or designee, may enter rented facilities at any time for the purpose of ensuring that parties comply with the provisions of this article and the applicable rental and use agreement. "ff) The director shall prepare a schedule of rental rates for the use of the auditorium and fees for City -owned equipment that is available for rent. Facility rates shall bear a reasonable relation to current rates charged for the rental and use of similar commercial facilities so as to neither be excessive nor grossly deficient by comparison. Fees for the rental of City - owned equipment shall bear a reasonable relation to cost and depreciation of such equipment to allow the City to recover the acquisition, maintenance, and replacement costs of such equipment as necessary. Unless specifically stated in an agreement, the use of City -owned equipment is not included in the rental of the auditorium. The schedule shall be submitted to the City Manager for approval and shall be reviewed on an annual basis, provided, however, no such rate or fee may increase annually by more than twenty-five (25) per cent nor shall new rates or fees be created without the City Council's approval by motion or resolution. The approved schedule shall be filed with the City Secretary and copies provided to the City Council. Specific rates, however, may be adjusted at any time, and the director shall have the authority to negotiate special rates for special situations. "Sec. 23-25-23-29. Reserved." SECTION 5. The initial Vector Services fee schedule and the initial Health Facilities rental and use fee schedule are incorporated in this ordinance by reference and are attached to this document as Exhibits A and B, respectively. Efford304 Page4of6 SECTION 6. The provisions of this ordinance are effective on and after August 1, 2010. SECTION 7. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1-6 and 1-6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 8. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 9. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. €Hord304 Page 5 of 6 Exhibit A VECTOR SERVICE FEES DESCRIPTION FY 10-11 $ 50 per Visit $ 50 per Treatment $ 50 per Removal Vector Control Services A. Rodent Pest Control B. Residential Customers: Mosquito Treatment Bee Removal To be effective on and after August 1, 2010 Exhibit B HEALTH FACILITIES - RENTAL AND USE FEES DESCRIPTION FY 10-1'1 Auditorium Rental $ 300.00 per event $ 150.00 per month Meeting space Exercise 8 days per month or 2 days per week To be effective on and after August 1, 2010 The fo e�oing ordinance was read for the first time and passed to its second reading on the forgoing day of , 2010, by the following votes: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott The foregoing rdinance was read for the second time and passed on its final reading on the day of , 2010, by the following votes: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick No PASSED AND APPROVED this the A ATTEST: Armando Chapa City Secretary APPROVED as to form: July 8, 2010 Eliza th R. Hundle Assant City Attorney for the City Attorney EHord304 Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott &aYof Na , 2010. Joe Ada9,-aateasSeti m Mayor 028692 EFFECTIVE DATE cu DID Page 6 of 6