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.
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"(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.
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"(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.
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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.
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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
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