Ord 148-85 12/3/1985 1
ORDINANCE NO. /4-/5
ORDINANCE REPEALING ARTICLE IV, CHAPTER 16 , AND
REVISING ARTICLE V, CHAPTER 16 OF THE CODE OF
ORDINANCES, TO REVISE PROVISIONS FOR MILK AND
MILK PRODUCTS AND TO REPEAL PROVISIONS NOW
REGULATED BY THE TEXAS DEPARTMENT OF HEALTH.
WHEREAS, the Health Department has recommended the repeal of
Article IV, Chapter 16, and revision of the provisions for milk and
milk products to reflect current practices and legislation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS , TEXAS , THAT:
Article IV, Chapter 16 , entitled MEAT AND MEAT PRODUCTS, is
hereby repealed in its entirety.
Article V, Chapter 16, Division I, Section 16-61 through 16-69 ,
is hereby repealed.
Division Ii, entitled ICE CREAM AND FROZEN DESSERTS , is hereby
amended to be entitled FROZEN DESSERTS.
Section 16-70 is hereby amended to read as follows:
Section 16-70 "Definitions.
(A) Frozen Desserts: A frozen dessert is any form of partially
frozen combination of two (2) or more of the following:
Milk or milk products, edible oil or fat, eggs or egg
products, sugar, water, fruit or fruit juices, flavoring,
candy, coloring, or stabilizer, and shall include, but
not be limited to, soft-serve desserts, ices, novelties,
or other similar products.
(B) Ices: Ices are a combination of two (2) or more of the
following ingredients: water, fruit or fruit juices,
whether real or imitation, sugar, flavoring, or coloring.
(C) Novelties Novelties, as known to the trade, shall conform
in all respects to the definition of a frozen dessert
hereinbefore set forth except that novelties are frozen
in molds or in combination with cones and may or may not
be coated with chocolate or other confections .
(D) Soft-Serve: Soft serve is the frozen combination of two (2)
or more ingredients used in the manufacture of frozen
desserts, with or without fruit, fruit juices, candy,
nuts, meats , flavoring or coloring.
(E) Soft-Serve Mix: Soft Serve mix is the unfrozen combination
of two (2) or more ingredients used in the manufacture of
frozen desserts.
Page 5 of 8 Pages
Agenda Item No. 9.i .
4
(F) Mobile Unit: The term mobile unit shall be taken to mean
any vehicle or temporary establishment that shall travel
from place to place in which a frozen dessert is manufactured
and/or sold in packages.
(G) Commissary: The term commissary shall mean any place,
premises, or establishment in which frozen desserts are
manufactured or stored, for the servicing or one or more
mobile units and where facilities are provided.
(H) Laboratory: A laboratory is a biological, physical or
chemical laboratory which is under the supervision of the
state or local health authority. "
Section 16-71, entitled Sale, Manufacture, Possession, Etc. , of
Adulterated or Misbranded Ice Cream or Frozen Desserts, is hereby
repealed.
Section 16-72 is hereby amended to read as follows:
Section 16-72 "Permits.
It shall be unlawful for any person who does not possess a
valid permit from the health district to sell, store, or offer for
sale, any frozen dessert. "
Section 16-73 is hereby amended to read as follows:
Section 16-73 "Application, Fees, Compliance.
Every individual, partnership, or corporation that sells, holds
or intends to sell frozen desserts to the public shall make application
in writing to the. Food Control Division of the Health District for a
.permit to distribute, sell, or offer for sale frozen desserts in the
City of Wichita Falls. A fee of $35. 00 shall be paid to the Chief
Accounting Officer of the City of Wichita Falls in advance with the
application.
Only persons who comply with the requirements of this article
shall be entitled to receive and retain a permit.
Such permits shall be posted in conspicuous places. All permits
I issued hereunder shall remain in force for one year from the date of
issuance unless revoked or suspended for non-compliance, except that
P; snob e.wan -ape'emits''tW'il:/ expit DecembeYn1'of-each"year:'
Section 16-74 is hereby amended to read as follows:
Section 16-74 "Suspension, reinstatement.
A permit, as required by this article, may be suspended by the
health authority or his representative upon the violation by the
holder of any of the terms of this article.
-2-
Page 6 of 8 Pages
i"' Agenda Item No 9. i .
Any person whose permit has been suspended shall immediately
discontinue operation of the frozen dessert unit/establishment until
the defects that caused the suspension have been corrected. Follow-
ing correction, the applicant may request reinstatement of the permit
by the health authority. "
Section 16-75 is hereby amended to read as follows:
Section 16-75 "Examination of products and ingredients
During each 6 month period atf '1.eastTone..- (1) -sample-Yof'' the '
Isoft-serve mix-and one (1) sample `of the frozen soft-serve product
shall be sampled by the health authority or his representative from
each establishment/machine operated by the permit holder. Each
sample will be submitted to an approved laboratory for bacteriological
analysis of its contents.
BACTERIA AND TEMPERATURE STANDARDS FOR FROZEN DESSERTS
Temperature Standard Plate Count Coliform
Ices 45°F 100 ,000 ml 150
Novelties 45°F 200 ,000 ml 150
Soft Serve Mix 45°F 200 ,000 ml 150
Soft Serve Frozen 45 °F 200 ,000 ml 150
If any of the samples collected from the establishment/machine
are not within the aforementioned standards, then additional samples
will be collected along with an inspection of the equipment to
determine the reason, if any, for the violation of the standards.
•Threeconsecutgi ve-,samples"which "laboratory' analysis determine" to"be "
thot within the limits of= the standards, will result in suspension
Pof"the permit to operate the establishment/machine. "
Section 16-76 is hereby repealed.
Section 16-77 is hereby amended to read as follows:
Section 16-77 "Labeling.
All frozen dessert products that are not sold at the point of
manufactured origin must be properly labeled. These labels must include,
but are not limited to, the following:
1. Common name of food;
2. Ingredients of descending order by weight;
3. Net weight of the product;
4. Name and address of the manufacturer. "
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Page 7 of 8 pages
Agenda Item No. 9.i .
di Section 16-78 is hereby amended to read as follows:
Section 16-78 "Construction of Frozen Dessert Establishments
and Retail Mobile Units
The facilities where frozen desserts/soft-serve are prepared
and/or sold shall be constructed and maintained as set forth in the
,'Food and-Dru
g Administ:rdtion'"FoodrService Sanitation Manual"7"RetaiS.'l
Food Store Sanitation Code" onY file"in^ the-Office of the City-Clerk.'en
Section 16-79 through 16-83 are hereby repealed.
PASSED AND APPROVED THIS THE A.,6/, DAY OF ab," , _, , 1985.
M A Y O R
a
ATTEST:
d
C I T Y C L E R K
.1
r
RECEIVED IN ,„
CITY CLERK'S OFFICE
Date /c496/Y F
By
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y t.
Page 8 of 8 pages
Agenda Item No. 9.i •
•
Affidavit of Publication
THE STATE OF TEXAS .
COUNTY OF WICHITA
(Pcmte Clipping Here)
ORDINANCE NO.137-85 On this 20 day of December
• ORDINANCE AMENDING ORDI-
NANCE 160-83, AMENDING
106 THE STAN-
DARDFMECHANICALNCODE, • A.D. .]98. . . personally appeared before me, the undersigned authority
• 1982 EDITION ,
NO.ORDINANCES TO 1 AMEND ! Toni Belvedere , bookkeeper
.CHAPTER 29, ARTICLE IV, SEC-
' ;TION 29-91.1 OF ORDINACE 1
NO. 3639, TO ADD ITEM (AO) ' for the Times Publishing Company of Wichita Falls, publishers of the
1 HOOPER DRIVE (1) 20 MPH '
FROM 213 FT SOUTH OF REILLY 1
ROAD TO A POINT 1270 FT Wichita Falls Record News, a newspaper published at Wichita Falls in
SOUTH OF REILLY ROAD I
ORDINANCE NO.139-85
ORDINANCE AMENDING SEC- ! Wichita County. Texas, and upon being duly sworn by me, on oath states
TION 8-142 OF THE CODE OF
ORDINANCE TO REMOVE THE that the attached.advertisement is a true and correct copy of advertising
CHAPTER 8 ANNUAL INSPEC-
TION FEE REQUIREMENT FOR
ICE CREAM TRUCKS, AND published in 4.0NE)1 issues thereof or. the following
PROVIDING FOR ADDITIONAL P L1
,INSPECTIONS
ORDINANCE NO.140-85 dates:
. ORDINANCE AMENDING Dec. 20, 1985
ARTICLE III,CHAPTER 16 OF THE
CODE OF'ORDINANCES TO RE-
VISE REQURIEMENTS FOR FOOD r
HANDLERS AND TO PROVIDE
FOR THE KEEPING OF FOOD d 9
,CORDSSFOR A RMIN MUM OF - Bookkeeper for Times Publishing Company
•FIVE YEARS
ORDINANCE NO.141-85 i of Wichita Falls
ORDINANCE MAKING AN AP- i .
E N C T HE ACCOUNT Subscribed and sworn to before me this the day and year first above
. NUMBER LISTED BELOW FOR ; •
THE PURPOSE OF TRANS- pEAL) written.
• FERRING THE PROCEEDS OF THE
KEMP PUBLIC UBRARY'S AN- 1
NUAL BOOK SALE HELD IN FY
j ORDINANCE NO.147-85_ Al-
1984-85 TO THE LIBRARY'S i ORDINANCE AMENDING ,,� .,'. �4 -r-
SPECIAL REVENUE FUND CHAPTER 20 OF THE CODE OF j`I+
ORDINANCE NO.142-85 ORDINANCES TO AMEND THE /7'
UU
1 AN ORDINANCE REZONING A � DEFINITION OF A JUNKED VE- ORDINANCE NO.150-85
7.45 ACRE TRACT OF LAND.ON HICLE UNDER SECTION 20-41 I
I CENTRAL FREEWAY, WICHITA OF THE CODE IAN ORDINANCE AUTHORIZING i
FALLS, AND ALLOWING, UNDER THE
S, TEXAS, FROM GENERAL ORDINANCE NO.148-85 1 ,
DISTRICT(GC)TO HEAVY COM- ORDINANCE REPEALING : ACT GOVERNING THE TEXAS
MERCIAL DISTRICT(HC) I ARTICLE IV, CHAPTER 16, AND ' MUNICIPAL RETIREMENT SYS-
ORDINANCE 143-85 REVISING ARTICLE V,CHAPTER TEM, UPDATED SERVICE
AN ORDINANCE REZONING LOT 16 OF THE CODE OF ORDI- CREDITS" IN SAID SYSTEM FOR
• 12, BLOCK 25, SIBLEY TAYLOR N A N C E S, TO REVISE SERVICE PERFORMED BY QUALI-
ADDITION, WICHITA FALLS,"I PROVISIONS FOR MILK AND 1 I FYING MEMBERS OF SUCH SYS-
TEXAS, FROM SINGLE FAMILY MILK PRODUCTS AND TO RE-1 TEM WHO PRESENTLY ARE IN
RESIDENTIAL DISTRICT STAN- I PEAL PROVISIONS NOW REGU- THE EMPLOYMENT OF THE CITY
DARD LOT (SF-2) TO GENERAL j LATED BY THE TEXAS DEPART-' OF WICHITA FALLS;PROVIDING
COMMERCIAL DISTRICT(GC) MENT OF HEALTH I FOR INCREASED PRIOR AND
ORDINANCE NO.144-85 ORDINANCE NO.149-85 CURRENT SERVICE ANNUITIES
AN ORDINANCE REZONING 4 AN ORDINANCE AMENDING FOR RETIREES OF THE CITY;
CERTAIN TRACTS OF LAND IN ' SECTIONS 29-26 AND 29-27 OF AND ESTABLISHING AN EFFEC-
MIDWESTERN FARMS SUB- THE CODE OF ORDINANCES TIVE DATE FOR SUCH ACTION
DIVISION, WICHITA FALLS, I AND CALLING FOR POSTING OF ORDINANCE NO.151-85
AN ORDINANCE MAKING AN
TEXAS, FROM LIMITED COM- WEIGHT RESTRICTIONS ON APPROPRIATION FROM THE
MERCIAL DISTRICT(LC)TO GEN- CERTAIN STREETS IN THE CITY i BOND INTEREST MONIES OF
ERAL COMMERCIAL DISTRICT : OF WICHITA FALLS,TEXAS THE WATER AND SEWER FUND
(GC) Tr;ITion, TO THE ACCOUNT NUMBERS
a.:;r,:ii hr
ORDINANCE 145-85 P LISTED BELOW
AN ORDINANCE PROVIDING A t °� ?,_ DAVIS•TAX FREEZE FOR HISTORIC �!t =s� D�V1 a lE'.CEIVED IN
PRESERVATION FOR A DOC- ' °Notary Public Texas j ( ' rn. , P
TOWS OFFICE AT 1411 9TH %� �s;1D1 CLERK'S OFFICE.
STREET,WICHITA FALLS,TEXAS ; 'Li y 1.ommission Expires
ORDINANCE NO 146-85 f� �
AN ORDINANCE GRANTING I -
THE TEXACO FOOD MART AT '
1418 11TH STREET A VARIANCE . 'Rid
FROM THE 300 FEET SEPAR- By L/24 ---- Time ____
ATION REQUIREMENT BETWEEN
THE SALE OF ALCOHOLIC
BEVERAGES AND A CHURCH