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0526 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 526 AN ORDINANCE OF THE CITY OF SOUTHL~KE, TEXAS, AMENDING ORDINANCE NO. 409, REQUIRING A FEE FOR ISSUANCE OF A PERMIT FOR OPERATION OF A FOOD SERVICE OPERATION~ PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES~ PROVIDING A SEVERABILITY CLAUSE~ PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF~ PROVIDING A SAVINGS CLAUSE~ PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Southlake, Texas has designated, by Ordinance No. 409, the Tarrant County Health Department as the City's health authority for the purpose of insuring minimum standards of environmental health and sanitation within the City's jurisdiction; and WHEREAS, Section 14 of Ordinance No. 409 provides for the fees to be charged for the issuance of permits under the ordinance; and WHEREAS, the City of Southlake and the Tarrant County Health Department desire to annually adopt the amount of the permit fees to be charged; and WHEREAS, the City of Southlake and the Tarrant County Health Department have entered into an Interlocal Contract to amend the fees set out in Ordinance No. 409. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: s ! ake\f oodserv, ord - 1 - SECTION i That Section 14 of Ordinance No. 409 be amended to read as follows: "Section 14. Permit Fees. The following fees shall be charged for permits required under this ordinance until such fees are amended by minute order or resolution of the City Council: (a) Food Establishments - A fee of $150.00 shall be charged for each food service and retail food establishment that engages in food preparation. (b) Temporary Permit Fees - A fee of $35.00 shall be charged for a temporary health permit for any food establishment operating less than fourteen (14) days. (c) A fee of $100.00 shall be charged annually for each retail food establishment that does not engage in food preparation. (d) The above fees shall County Health Department, 1800 Worth, Texas. be paid to the Tarrant University Drive, Fort (e) Exemption from Fees - Non-profit facilities shall be required to make application for a permit hereunder, but shall be exempt from payment of the permit fee. (f) No permit or fee shall be required under this ordinance for the sale of produce by an individual on the premises upon which such produce is grown." SECTION 2 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Except as specifically amended herein, all other provisions of Ordinance No. 409 remain in full force and effect until otherwise amended. s ~ ake\foodserv, ord - 2 - SECTION 3 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional section. phrase, clause, sentence, paragraph or SECTION 4 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of all ordinances regulating the operation of food service establishments which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this stake\foodserv.ord -3- I ordinance but may be prosecuted until final disposition by the courts. SECTION 6 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3. 13 of the Charter of the City of Southlake. SECTION 7 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 6 DAY OF INVAI1/11-/ , 1990. AO? • •R 1>-I -44-e 404 1 : = AT ST: * * ITY SECRET Y whimwo slake\foodserv.ord -4- • PASSED AND APPROVED ON SECOND READING ON THIS DAY OF Lit1 ,) , 1990. ,��ottew�ne�a�ree��� '''''' N L A 4'"'' �� MAY I�- • �' ;p; ATT ST: /t_h41 te46.Aew ITY SECRETARY 'i/i1/1111111 oo APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: //--Vii' EFFECTIVE: /1 - , 4'20 slake\foodserv.ord -5 Foth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W SL t r•rORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE E NOV 25 6624643 CL . 358 1X41 L 41 .60 24 . 60 CITY OF november 25 SOUTHLAKE TEXAS ORDINANCE NO.526 AN ORDINANCE OF THE CITY OF SOUTH- LAKE TEXAS AMEND- ING SOUTH- LAKE, NO. 609,REQUIRING A FEE FOR ISSUANCE OF A PERMIT FOR OPERA- TION OF A FOOD SER- VICE OPERATION] PROVIDING THAT THIS ORDINANCE LLUM CUMULATIVE OF SHALLF ORDINANCES/PROVID- ING / A SEVEABILITY CLAUSE; PROVIDING FOR A PENALTY FOR PROVIDINGSA SAVINGS S I G N E ► delnfi CLAUSE• PROVIDING 1990 E PUBLICATION IN NND SWORN TO BEFORE ME , T IS HE 27th DA OF • .. NEWS- PER; AND PROVE o AN EFFECTIVE NOTARY UBLIC ,p4 / / • 4I DATE. SECOND READINGVTHIIS T RRANT COUNTY , TEXAS THE 20TH DAY OF NOVEM. BER,1990. Gary `.�!�??e'tr 01 AFFIDAVITS ATTEST: ?:`" ``'•%5 Sandra L.LeGrand ,3,; '1'ti DAWN K. MC07NOUGH City Secretar �„!• dN COMMISSION EXPIRES E.Allened as o form: ''�' AUGUST 17, 1991 E. Taylor Jr. City Attorney 6t()) A��TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -� REMIT TO : 400 W . SEVENTH, FW, TX 76102 !ort Worth !,,_.X '. lX9 . X' 1X CX4(76197 6624 643 ✓ - :t, : OUNT CIT57 AMOUNT 24 . 60 /� MBER DUE PAGE ]OF 1 CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY 24 . 60 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***IlWOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS _ _ unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEy ALLARD Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE ( DESCRIPTION AD SIZE T ,N TA,�,, RATE AMOUNT NOV 09 b617622 CL . 358 1X35 L 35 • 38 13 . 30 NOTICE OF november 9 PUBLIC HEARING NOTICE isherebygiventoall interested persons that the City Council oftheCitvofSouthlake, - -..-.. _.._ ._-.. .. -._.._......-. Texas,will be holding a public hearing during the City Council meeting to be held on Novem- ber 20, 1990 beginning at 7:30 _...... _....... ... ..,. p.m.,in the City Council Cham- bersof City Hall,667 NorthCar- roll Avenue,Southlake,Texas. Purpose of the hearing is to consider the second reading of the following ordinance: -ORDICITY OF .. _.... 4,164 N N E,NEXAS / //� ,ORDINANCE NO.526 AN ORDINANCE OF THE CI- SIGNED =50UTHLAKE,TEXAS, , 1990" LADING ORDINANCEkND SWORN TO BEFORE ME , THIS THE 9th D,�YOF • , ;. 7�I 09,ISSUANCE AFEE NOTARY PUBLIC /(! , wedAir, ISSUANCE OF A PER- '�: i , / MIT FOR OPERATION OF A of t FOOD SERVICE OPERA- TION; PROVIDING AN EF- FECTIVE DATE. TARRANT COU TY , TEXAS City of Southlake Sandra L.LeGrand (06r.la.47:••1, fCity Secretary FFIDAVIT `i %�✓�OA,WN X Mc)MijG. 7 » COMMISSI(?`;r� � LwIItr +^ AUG'J �.. -Xitl-A1,0 ,,----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -y REMIT TO : 400 W . SEVENTH , FW , TX 76102 brtort tar- e eg ram riEM I T •1 O: OPi4.6413 CX3`7(7734) F-6H I`Y�'UF4`11`IXTE'XAS 76197 6617622 ACCOUNT CIT57 AMOUNT 13 . 30 NUMBER DUE PAGE 10F 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY6. 13 . 30 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED_