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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OF THE CITY OF WICHITA FALLS , TEXAS , THAT: Article IV, Chapter 16 , entitled MEAT AND MEAT PRODUCTS, is hereby repealed in its entirety. Article V, Chapter 16, Division I, Section 16-61 through 16-69 , is hereby repealed.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. " -3- 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 • 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