Loading...
HomeMy WebLinkAboutOrdinance - 691-1943 - Amend Section 3 Of Ordinance 672 - 04/29/1943ott-zq-tqtf3 ORDINANCE No. 691 AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE N0- 672 AND DECLARING AN ffi~ERGENCY. BE IT ORDAINED by the City Commission of the City of Lubbock~ as follows: SECTION 1: Section 3 of Ordinance No. 672 is hereby amended to read as follows: It shall be unlawful for any person to bring into or receive into the City of Lubbock or its police jurisdiction for sale, or to sell, or offer for sale therein, or to have in storage where milk products are sold or served, any milk or milk products defined in this Ordinance, who does not possess a permit from the health officer of the City of Lubbo.ck. Only a person who complies with the requirements of this Ordinance shall be entitled to receive and retain such a permit. Such a permit may be suspended by the Health Officer or revoked after an opportunity for a hearing by the Health officer, upon the violation by the holder of any of the terms of this Ordinance. Every milk producer, owner of dairy or dairy farms, as herein defined under Section 1 of this Ordinance~ whether a person, firm, association or corporation, sha~l imme- diately, upon the effective date of this Ordinance, make appli- cation in writing to the City Health Officer upon forms prescribed and furnished by said City Health Officer for a permit to produce milk, operate, or do business as a milk producer as that term is herein defined in the City of Lubbock and shall pay therefor in advance a permit fee, the amount of wh ich sha ll be as follows: For from one to five cows, $2.50; for more th~n five cows and not more than 25 cows, $5.00; for more than 25 cows and not more than 50 cows, $10.00; for more than 50 cows, $15.00; and upon the payment of such fee the applicant shall receive his permit in writing to produce milk, operate and do business in the City of Lubbock, subject to the terms and conditions of this Ordinance. Such permit shall entitle said produ cer to operate and do business in accordance with the provisions of this Ordinance and unless revoked or suspended, shall continue in force for .a period of one year, beginning on the first day of May of each year a.nd terminating at midnight April 30th of each year. The permit shall be non-transferrable and shall be annually renewed upon an application and payment of the permit fee as herein set forth and subject to the terms and conditions of this Ordinance and Ordinance No. 672. Every milk distributor or operator of a milk plant as defined in this Ordinance, whether operat~d b y an individual or as a firm, association, partnership, or corporation, shall immediately, upon the effective date of this Ordinance, make an application in writing to the Cit.y Health Officer of t he City of Lubbock upon forms prescri.bed and furnished by said and City Health Officer, for permit to distribut~ milk/or to operate and do business in the City of Lubbock as has been hereinbefore defin ed in this Ordinance, and shall pay therefor in advance, a permit fee as follows: Such fee shall be based upon the average daily amount of milk distributed, computed over the year's out-. . put, and as established in advance and shall be in the sum of $10.00 for the first twenty-five gallons or less for such average daily output and a n additional fee of ~pl.OO for each twenty-five gallons or fraction thereof in excess of said first twenty-five gallons computed on the basis of the average daily output as 2 hereinbefore stated. Such fee shall be due and payable on. the first aay of May of each year after the ef2ective date of this Ordinance at the office of the City Health Officer and upon pay- ment there.of, such milk distributor shall receive a permit in writing to distribute milk and do business in the City of Lubbock under the terms of this Ordinance and Ordinance No. 672. Such . . permit shall entitle said milk distributor to distribute milk and do business in accordance with the provisions of this Ordinance and Ordinance No. 672 and unless revoked shall con- tinue in full force for a period of one year, peginning on the first day of May of each year and terminating at midnight April 30th, of each year, after tbe effective date of this Ordinance and shall be non-transferable and shall be renewed annually upon application and payment of a like sum in accorda1rce with the terms and subject to such terms and conditions of this Ordinance and Ordinance No. 672. In the event that any person, firm or corporation sha11 operate both as a milk producer and as a milk distributor as hereinbefore defined, under the ter.ms of this Ordinance, then such person, firm or corporation shall be required to secure a separate permit for such production and distribution and shall comply with and pay the fee hereinbefore described before they shall be permitted to engage in such milk production and milk distribution. SECTION 2: Any person, firm, association, partner- ship or co~poration, making an application for a permit to do business in the City of Lubbock as a milk producer·or milk distributor as these terms are defined in Section 1 of Ordinance No. 672, made after May 1st, of each year, shall pay said ,permit fee on a pro rate basis, based upon the number of months remaining 3 before the next due date for the payment of annual permit fees. SECTION 3: The fact that under Ordinance No. 672 now in force and effect the annual permit fees f or milk producers and milk distributors are due and payable on the first day of May of each year and the fact that there are only three days remaining in the month of April before said annual permit fees are due a nd payable, and the fUrther fact that this amendment to Ordinance No. 672 changes the amounts of fees to be paid for permits and the further fact that the City Commission has deter- mined that the permit fees now required to be paid under Ordinance No. 672, are to~ high and unjust, creates an emergency and an imperative public necessity that the rules of the City Charter requiring each ordinance to be read twice before passage, and such rules shall be and the same are hereby suspended and this Ordinance passed at the meeting of its introduction and the same shall become effective immediately and IT IS SO ORDERED . PASSED this 29thday of April, Mayor City Secretary