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HomeMy WebLinkAboutPACKET FEB 13 2007 4004or • Cttq of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 13,2007 1:30 P.M. CONSENT AGENDA *' Approval of minutes *' Confirmation of committee appointments A) Approve a contract for wastewater laboratory services within the Water Reclamation Plant • a .•••.. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: February 13, 2007 AGENDA MEMO DATE: February 1, 2007 REQUESTED ACTION: Council consider a contract for wastewater laboratory services. RECOMMENDATION Administration recommends award of a one (1) year contract to Severn Trent Laboratories of Houston for sampling,testing,and analysis of wastewater at the unit costs indicated on the attached tabulation, with an estimated total annual expenditure of$28,856. BACKGROUND Bids were requested for an annual contract for wastewater laboratory services to identify pollutant levels at various stages of the wastewater treatment cycle within the Water Reclamation Plant. The number of samples and the variety of pollutants for which the City is required to test has been increased substantially in recent years.The analytical testing is mandated and monitored by both the Texas Commission on Environmental Quality(TCEQ) and the Environmental Protection Agency (EPA). Water samples are drawn by City personnel, packed appropriately, and will be delivered to the awarded vendor's lab via commercial shipper at vendor's expense, or will be picked up by the vendor at the wastewater plant. City personnel will coordinate sampling and pickups with the awarded vendor to ensure compliance with State regulations regarding time sensitive analytical testing. Bid notices were provided to nine(9)vendors with four(4)responding with bids as reflected in the attached bid tabulation.Water Utilities personnel have reviewed the bidder's qualifications.The two (2) ,apparent lowest bidders do not meet minimum specifications and the City has previously experienced quality control issues with their work. Severn Trent Laboratories has successfully RESOLUTION NO. WHEREAS, bids were received for a one(1)year contract for wastewater laboratory services; and, WHEREAS, Severn Trent Laboratories, Houston, Texas, submitted a bid for an estirnated total annual expenditure of $28,856 in the unit amounts shown on Exhibit "A" attached hereto and made a part hereof for all purposes ; and, WHEREAS, City Council is of the opinion that the bid submitted by Severn Trent Laboratories, Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Severn Trent Laboratories, Houston, Texas, for a one (1) year contract for wastewater laboratory services for an estimated total annual expenditure of $28,856 in the unit amounts shown on Exhibit"A" attached hereto and made a part hereof for all purposes be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of February, 2007. - Mayor Guy N. -Goodson - • City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 13,2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda * Consent Agenda • GENERAL BUSINESS 1. Consider approving amendments to Chapter 3 of the Code of Ordinances 2. Consider approving amendments to Chapter 5 of the Code of Ordinances 3. Consider authorizing the receipt of an anonymous donation of J. P. Morgan Chase stock which will be sold and the proceeds used for the Julie Rogers Theatre Project 4. Consider authorizing the City Manager, or his designee, the authority to notify the railroads and appropriate State and Federal agencies of the City's intent to establish quiet zones on the Union Pacific Railroad north and south tracks from Langham Road to Keith Road 5. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains, Howell/Yount Outfall Contract-VI Project for"extra work" 6. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program • 7. Consider approving an ordinance amending Ordinance 07-009 to provide early voting on Sunday 8. Consider approving an ordinance calling the General Election for May 12, 2007 to elect a Mayor, two (2) Councilmembers-At-Large, one(1) Councilmember each for Ward I, Ward II, Ward III and Ward IV WORKSESSION * Review and discuss plans for the coliseum located at Fair Park COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: William Jenny, et al v. City of Beaumont, et al Gene E. Bates v. City of Beaumont C&I Oil Co. v. City of Beaumont The City of Beaumont v International Association of Fire Fighters, Local Union 399 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. • City of Beaumont MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION COUNCIL CHAMBERS FEBRUARY 13,2007 1:30 P.M. AGENDA CALL TO ORDER * Roll Call GENERAL BUSINESS 1. Consider approving a request for financial assistance by Maple Glen Partners, LLC to finance the acquisition, development and rehabilitation of an apartment complex located at 4365 South e Street in Beaumont, Texas Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. • � 1 February 13, 2007 Consider approving amendments to Chapter 3 of the Code of Ordinances .•o• City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: February 13, 2007 .AGENDA MEMO DATE: February 7, 2007 .REQUESTED ACTION: Council consider amendments to Chapter 3 of the Code of Ordinances. ]RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 3 of the Code of Ordinances. 13ACKGROUND At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with that plan,the proposed changes to Chapter 3, related to Alcoholic Beverages, were provided to the City Council for review. Additional chapters will be brought forward in subsequent weeks until the full review is complete. 13UDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. :hapter 3 ALCOHOLIC BEVERAGES* "Cross references: For provision prohibiting intoxicated persons within the parks, see § 20- 9(a), (h)• State law references: For"Texas Liquor Control Act", see Penal Code Auxiliary Laws, Art. 66--1 et seq. Sec. 3-1. Permit or license required; term. Upen the payment of the applieable tax er fee, herein preSffibed, to the ta.)(1 at state te the applieant, the tax assessor and eelleeteF shall in the name ef the eity a (a) No_ ep rson for_the purpose of sale who has not first obtained a_permit from the State_of Texas, of the type required for the privilege_exercised, may do any of the following within the_City of Beaumont: (_1) manufacture,distill brew, sell,possess, import_into this state, export from this_state,_transport, distribute, warehouse, or store_anv lii uor or alcoholic beverage; (2) solicit or take orders for any liquor or alcoholic beverage: or (3) bottley rectify, blend,_treat, fortify, mix, or process_anv_liguor or alcoholic beverage_ (b) Upon_payment_of the applicable tax or fee described in this Chapter-to the City, a qualified applicant will be_issued a permit or license to engage in business +rthe eity Af MAR, f= diStFibuting or dealing in involving alcoholic beverages as authorized by the permit or license from the state held by such applicant; and the permit so issued by the city shall authorize the conduct or license of such business upon the premises described in the permit or license from the state and shall remain in force only so long as such permit or license from the state remains in force. (c) _F_or ur oses of this chapter, "_alcoholic beverage,° "beer,'"liquor," and other terms have the definitions contained in the Texas Alcoholic_BeverageCode, as amended. _ (CIDde 1958, §§3-1, 3-9, 3-11) • Sec. 3-2. Application for permit or license; issuance. • Any person desiring a permit or license as a Fnanufa6tWeF, distr6UtOF er dealeF, under this chapter shall make application therefor to the City, city tax asseSSOF and aflleetef Upon-receipt of by filing with sueh effleer a true and eeneet eepy ef the petition fe of , if satisfactory evidence that the applicant has been duly licensed by the state and the applicant meets all zoning an_d_other city-_requirements,_a permit will be issued._A separate permit will be required for each_location.-enFeeeiptofthe pf'oper fee FeqUiFed by this ehapte, the -it, tax assessor and eelleetOF shall forthwith issu-e to the applieant the proper permit or lieense, whieh shall be signed by hiffl, Shall be Unde the sea! of his efflee, shall be dated, shall state en its faee fE)F what PUFPese it is issued, tic will "and�vh eC-�z such h usrry-a-a-rJ-r Q-h�-�vnd tE�ed, shall r r whether the applicant is authorized to act as manufaetWer, general diStdbuter, leeal diStFibuter, OF Fetail deaIeF as set out in the appl+eatien. (Code 1958, § 3-12) Sec. 3-3. Fees. (a) There are hereby prescribed and levied annual occupation taxes or permit fees upon persons carrying on the business of manufacturing, distributing or dealing in alcoholic beverages, as described in this chapter an amount_not to_exceed equal to • one-half of the taxes or fees levied upon such business by the state (b) The There as hereby levied, and holder of a state retail dealer's on-premises late hours license shall pay to the city, before exercising any privilege by virtue of such late hours license, a fee not to exceed one-half of the an annual state fee for such late hours license. (c) All taxes or fees shall be paid in advance for one year for_ea_ch pl_ace of business. (Code 1958, §§ 3-2, 3-3, 3-6.1) State law references: For state permit fees, see Penal Code, Auxiliapy Laws, AFL 666 15 Texas Alcoholic_Beverage Code, Subtitles A and B; for authority of city to levy one-half of state fee, see A#:666--tea Texas Alcoholic_Bev_eracie Code §§_ 1.1__3.8 and 61 .36. _ SE.c. 3-4. Renewal of permit or license. Each person owning a permit or license issued under the terms of this chapter may, by written application filed with the eity tax asseSSOF and eelleeter city not more than thirty (30) days prior to the date of the expiration of a license held by him, renew such permit or • license so held by him. Such_renewal accorn aniedby the prrescribed fee,-not to exceed ore-half of the annual _state fee an _shall be processed in accordance with the procedures as established bar the city. i filed • requ+red by this ehapteF as an annual lieense fee and the PFesentatien ef the renewal p(' applicant by the state, Ek , form. (Code 1958, § 3-13) See. 3 S. Separate permit or license for each plaee of business, 4 , , shall eaffy en sueh bus'ness at Fnere than one place under the same permit eF lieense, but a separate peffni of 1mrsense must be obtained fOF each plaee of business. (Code 1958, § 3-14) Sec. 3-6. Failure to display permit or license. It.shall be unlawful for any person required to obtain a permit or license hereunder to fail to kE.,ep the same displayed in a conspicuous place in the establishment where such business is conducted. • (Code 1958, § 3-15) Sec. 3-7. Cancellation of permit or license for violation. (a) If any manufacturer, distributor, or dealer in the city shall violate any provision of this chapter or of the state law applicable thereto, or shall violate any of the health or the city council, after due hearing, shall have the right to cancel the permit or license of such offender, after which he shall not manufacture, distribute, or sell alcoholic beverages in the city for one year after cancellation and shall net be issued another peFfflit OF heense theFefer unto!the (b) The cancellation of a_license_applies to the premises1_as_well asthe person. No new permit-or license may issued under this chapter pertaini_na to the_rremises or the person(s)_against whom_a cancellation_order is issued by_the city_c_ounci1, for one year from the date of cancellation. (Code 1958, § 3-16) Sec. 3-8. Hours of operation; adoption of hours provided by state law; days • prohibited for package store sales and delivery. (a) The heurs PFeSeFibed by the Texas UqUOF Gentrol Aet, Article 666 4, (e)(1), Penal Gode AuxiliaFy Laws, f6F the eensumptien On any publie plaee and f0F the pess of any aleehelie bev ly publie plaee f0F the purpese ef -4he eeunties of thFee hundFed theusand (300,000' population, aeeerding te the last preeeding fedeFal eensus, aFe heFe" made effeetove an the e*t The City of Beaumont is hereby designated as an "extended hours area." and the__times permitted for consumption and DOssession of alcoholic beverages defined by§ 105.06 of the Texas Alcoholic Beveraae Code(as amended) are here adopted and made effective in the city. (b) The hours prescribed by§ 105.05 of the Texas LiqUeFGentrelAe:t, ArtieIe667 10j Penal Cede AuxiliaFy Laws Alcoholic Beverage Code (as amended , for the sale of beer in eeunt"es of three h ndw�_edtlieus__ 1 (3 G G,G 00)or Fnere pepulation, aeeeFd te the last PFeeeding federal een are hereby adopted and made effective in the city. (c) The hours prescribed by§ 105.03 of the Texas LiqUOFGentFel Aet, Artiele 666 26- Penal Gede Auxiliary Laws Alcoholic Beverage Code has_amended) for the sale oi mixed beverages in eounties of thi— hundied theusand (300,000) or FneFe population, aeee--4;--to the last PFeeed ing fedeFal eensus, are hereby adopted and made effective in the city. • (d) It shall be unlawful for holders of package store permits as provided in the Texas Liquer Centre! Ae Alcoholic Beverage Code to sell, offer for sale, or deliver any liquor: (1) Between 8700 9:00 p.m. of any day and 10:00 a.m. of the following day; (2) On Sunday; (3) On New Year's Day; (4) On July fourth; (5) On Labor Day; (6) On Thanksgiving Day; (7) On Christmas Day-.,- (8) On the following Monday when Christmas Day or New Year's Day falls on a Sunday. (Code 1958, §§ 3-6.1, 3-7; Ord. No. 75-22, § 1, 4-1-75) • Sec. 3-9. Health inspection. It is hereby made the duty of the director of health, or some deputy to be designated by him, to enter into and inspect as often as the occasion demands, all manufacturing, distributing, and retailing establishments handling alcoholic beverages under the terms of this chapter in order to enforce the health and sanitary ordinances of the city. (Code 1958, § 3-17) Sec. 3-10. Proximity of dealer to schools or churches. (a) Except,as otherwise provided t _the Texas Alcoholic Beverage Code,_ it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is within: (1_) three hundred (300) feet of a church, public or private school,-OF; (2) within one thousand--(11,000),feet of_a_public_school or_a private school if the governing body_of the ciW receives a request from the governing body of the private_ school or from the_board _of _trustees crf the school district under section 38.007, Education Code;.. or (3) within_1000 feet of a day_care_center or child care facility,as those terms are defined_by §42.002 of the Texas Human Resources Code. (b) The_measurement_of_the distance_between_the�lace_Vf_business where alcoholic beverages are sold and the church_ public or private school, day care center, or child care facility shall_be-determine d_as described in§§109,3.3 and 109.331_of the Texas Alcoholic Beverage Code, as amended. (Code 1958, § 3-4; Ord. No. 75-49, § 1, 7-29-75; Ord. No. 77-120, § 1, 11-8-77; Ord. No. 02-030, § 1, 4-23-00) • ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 3, SECTIONS 3-1, 3-2, 3-3, 3-4, 3-7, 3-8 AND 3-10 AND REPEALING CHAPTER 3, SECTION 3-5 AND SUBSECTION 3-8(a)OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 3, Section 3-1, be and the same is hereby amended to read as follows: Sec, 3-1. Permit or license required; term. (a) No person for the purpose of sale who has not first obtained a permit from the State of Texas, of the type required for the privilege exercised, may do any of the following within the City of Beaumont: (1) manufacture, distill, brew, sell, possess, import into this state, export from this state, transport, distribute, warehouse, or store any liquor or alcoholic beverage; (2) solicit or take orders for any liquor or alcoholic beverage; or (3) bottle, rectify, blend, treat, fortify, mix, or process any liquor or alcoholic beverage. (b) Upon payment of the applicable tax or fee described in this Chapter to the City, a qualified applicant will be issued a permit or license to engage in business involving alcoholic beverages as authorized by the permit or license from the state held by such applicant; and the permit so issued by the city shall authorize the conduct or license of such business upon the premises described in the permit or license from the state and shall remain in force only so long as such permit or license from the state remains in force. (c) For purposes of this chapter, "alcoholic beverage," "beer," "liquor," and other terms have the definitions contained in the Texas Alcoholic Beverage Code, as amended. Section 2. That Chapter 3, Section 3-2, be and the same is hereby amended to read as follows: Sec. 3-2. Application for permit or license; issuance. Any person desiring a permit or license under this chapter shall make application therefor to the City. Upon receipt of satisfactory evidence that the applicant has been duly licensed by the state and the applicant meets all zoning and other city requirements, a permit will be issued. A separate permit will be required for each location. Section 3. That Chapter 3, Section 3-3, be and the same is hereby amended to read as follows: Sec. 3-3. Fees. (a) There are hereby prescribed and levied annual occupation taxes or permit fees upon persons carrying on the business of manufacturing, distributing or dealing in alcoholic beverages, as described in this chapter, an amount not to exceed one-half of the taxes or fees levied upon such business by the state. (b) The holder of a state retail dealer's on-premises late hours license shall pay to the city, before exercising any privilege by virtue of such late hours license, a fee not to exceed one-half of the annual state fee for such late hours license. (c) All taxes or fees shall be paid in advance for one year for each place of business. Section 4. That Chapter 3, Section 3-4, be and the same is hereby amended to read as follows: Sec. 3-4. Renewal of permit or license. Each person owning a permit or license issued under the terms of this chapter may, by written application filed with the city not more than thirty (30) days prior to the date of the Expiration of a license held by him, renew such permit or license so held by him. Such renewal accompanied by the prescribed fee, not to exceed one-half of the annual state fee, shall be processed in accordance with the procedures as established by the city. Section 5. That Chapter 3, Section 3-5, be and the same is hereby repealed. Section 6. That Chapter 3, Section 3-7, be and the same is hereby amended to read as follows: Sec, 3-7. Cancellation of permit or license for violation. (a) If any manufacturer, distributor, or dealer in the city shall violate any provision of this chapter or of the state law applicable thereto, the city council, after due hearing, shall have the right to cancel the permit or license of such offender, after which he shall not manufacture, distribute, or sell alcoholic beverages in the city for one year after cancellation. (b) The cancellation of a license applies to the premises, as well as the person. No new permit or license may be issued under this chapter pertaining to the premises or the person(s) against whom a cancellation order is issued by the city council, for one year from the date of cancellation. Section 7. That Chapter 3, Subsection 3-8(a), be and the same is hereby repealed and a new subsection 3-8(a) added, and Subsections (b), (c) and (d) amended to read as follows: Sec. 3-8. Hours of operation; adoption of hours provided by state law; days prohibited for package store sales and delivery. (a) The City of Beaumont is hereby designated as an "extended hours area," and the times permitted for consumption and possession of alcoholic beverages defined by §105.06 of the Texas Alcoholic Beverage Code (as amended) are hereby adopted and made effective in the city. (b) The hours prescribed by §105.05 of the Texas Alcoholic Beverage Code (as amended) for the sale of beer are hereby adopted and made effective in the city. (c) The hours prescribed by §105.03 of the Texas Alcoholic Beverage Code (as amended) for the sale of mixed beverages are hereby adopted and made effective in the city. (d) It shall be unlawful for holders of package store permits as provided in the Texas Alcoholic Beverage Code to sell, offer for sale, or deliver any liquor: (1) Between 9:00 p.m. of any day and 10:00 a.m. of the following day; (2) On Sunday; (3) On New Year's Day; (4) On July fourth; (5) On Labor Day; (6) On Thanksgiving Day, (7) On Christmas Day; (8) On the following Monday when Christmas Day or New Year's Day falls on a Sunday. Section 8. That Chapter 3, Section 3-10, be and the same is hereby amended to read as follows: Sec. 3-10. Proximity of dealer to schools or churches. (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is within: (1) three hundred (300) feet of a church, public or private school; (2) within one thousand (1,000) feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) within 1000 feet of a day care center or child care facility, as those terms are defined by § 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or . Chapter 5 ANIMALS* *Editor's note: Ord. No. 84-166, § 1, adopted Dec. 18, 1984, provided for the repeal of Ch. 5, animals, substantive sections of such chapter being §§ 5-1--5-14, 5-20--5-32, 5- 40--5-44; and enacted in lieu thereof a new Ch. 5, §§ 5-1--5-38, to read as herein set out. Formerly, Ch. 5 had been derived from the 1958 Code, §§ 6-1, 6-2, 6-7--6-9, 6-15-- 6-20, 6-26, 6-28, 6-29, 6-31--6-34, 6-36--6-44, 22.2(5), (6), (9), (13); and Ord. No. 80-84, §§ 1, 2, adopted Aug. 26, 1980; Ord. No. 84-50, § 1, adopted Apr. 3, 1984; Ord. No. 84- 54, § 1, adopted Apr. 17, 1984. Cross references: Removal of carcasses, § 28-35; for conditions wherein the keeping of animals constitutes a nuisance, see § 13-14(5); rodent control, § 13-30 et seq.; for prohibition against molesting or harming wild animals or birds within the parks, see § 20- 4(c); for prohibition against riding horses within the parks, see § 20-6(h); hunting in parks, § 20-7; as to removal of animal excrement, see § 28-34. State law references: For provisions relating to animals generally, see V 180 threugh 192 17 Title 10 of the Texas Health &_Safety Code Art. I. In General, §§5-1--5-17 Art. ll. Dogs,Cats,§§5-18--5-28 Art. III. Rabies Control,§§5-29--5-37 ARTICLE I. IN GENERAL Sec. 5-1. Abandoning or dumping in the city. It shall be unlawful for any person to abandon, forsake or dump any dog, cat or other animal within the city for any reason. The term abandoned as used in this section means to leave an animal in any place without providing reasonable and necessary care for the animal under circumstances under which no reasonable and similarly situated owner would leave an animal. Sec. 5-2. Sale in food establishments. It shall be unlawful to keep for sale any bird or domestic animal in any department store, novelty store or any other store or business establishment where food is served or sold to the public, unless such animals and birds are confined in enclosures and kept completely separated from the part of the store where food is served or sold. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-2.1 Selling of animals; private animal sales. It shall be unlawful for any person to , offer, sell, trade, barter, lease, rent, of-give away,_or display for commercial purpose any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea market within the city. This provision does not prohibit the sale or purchase of animals from a person's private residence. �r r • Sec. 5-3. Wounded or sick animals, fowl or birds; killing. When, from any cause, any animal within the city shall be sick, wounded, maimed or injured, so as to render its recovery hopeless, it shall be permissible for the local health authority to destroy, or cause to be destroyed, such animal so ill or injured, and as soon after such injury as practicable, and in such manner as in his judgment shall be the least painful, and to cause the carcass thereof to be removed. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-4. Livestock permitted, number. (a) Definition: For purposes of this article the term "livestock" shall mean any horse, mule, cattle, hog, sheep, gea4 goat, guinea pig, hamster, rabbit or similar animal classified as livestock. (b) It shall be unlawful, except as provided in section 5-4(c) of this chapter for any person to keep, possess, or maintain, or permit keeping on any premises owned by him or under his control, any livestock within the city limits. (c) Area limitations and maintenance requirements for the keeping of livestock and poultry. The provisions of section 5-4(b) shall not apply to the following situations: (1) Bona fide zoos, stock shows, fairs, animal judging and shows, and circuses. (2) Bona fide public or private school projects, when conducted upon school property and under faculty supervision. (3) Facilities owned and used by a licensed veterinarian in connection with his practice of veterinary medicine. (4) Guinea pigs, hamsters, rabbits, chickens ducks or other animals or fowl of similar size which are kept entirely within an enclosed building, which building is of such design and material as to retain any noises or odors caused by such animals or fowl. (5) Livestock (other than hogs or pigs) which are kept in compliance with the following requirements: a. Horses or other equine animals, as a private stable (not for commercial purposes) and other livestock and poultry may be kept ar -on_tracts of land with not less than twenty thousand (20,000) square feet. b. Bovine animals ffva be- mom_be_kept for personal use (not for commercial purposes) on tracts of land with not less then forty thousand (40,000) square feet. C. Livestock which are kept as pets for non-commercial purposes only, shall be provided not less than twenty thousand (20,000) • square feet of land area in the tract for each animal unit. The following animal units values are to be assigned to livestock, 7 y • except for small animals described in subsection (c)(4) above, in determining the number of animals which may be kept on a tract of land: Each Iamb or sheep 1/5 animal unit Each goat 1/6 animal unit Each horse or other equine animal 1/2 animal unit Each cow or other large animal One animal unit Offspring of equine animals may be kept for a period of eighteen (18) months and offspring of other livestock may be kept for a period of twelve (12) months, after birth, before being assigned any animal unit values. d. In connection with all of the above described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this section must be kept in a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the residing vicinity or the existence of any nuisance dangerous to the public health. Also, any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this section must be approved for such purposes by the city public health department. . (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 01-080, § 1, 10-16-01) Sec. 5-5. Minimum distance from dwellings, etc. The keeping on any premises in the city of any livestock not prohibited by section 5-4(b), is prohibited unless the pens, stalls, or other facilities for keeping the same shall be so located that the livestock cannot come within one hundred fifty (150) feet of any dwelling, church, school, hospital or business building owned, used or maintained by any person other than the keeper of the livestock, or within five hundred (500) feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. A variance in the one hundred fifty (150) feet distance requirement may be granted by the health director if all property owners who have a dwelling, church, school, hospital or business within one hundred fifty (150) feet of the area within which livestock are kept give their written consent for such a variance. Such variance shall specify the minimum distance requirement approved and shall not be less than seventy-five (75)feet. This provision shall not apply to fowl which are kept in completely enclosed and solidly walled facilities, or to species of birds other than poultry. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 01-080, § 2, 10-16-01) Sec. 5-6. Noisy animals and fowl, prohibited. • It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person to stable or keep any animal or fowl in the city in such manner a � • that such animal or fowl by stamping or kicking, braying, bleating, barking, yelping, neighing, crowing or making any other utterance or disturbance, creates such a noise which disturbs those living in the vicinity. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-7. Removal of livestock transport vehicles. It shall be unlawful and constitute the creation and maintenance of a public nuisance for the owner, operator, agent, or driver of any truck, trailer or other vehicle that has been used for the hauling of any livestock, animals or fowl, and when same has been parked in or on any highway, street, alley, vacant lots, or tract of land, either public or private, or in any service station or garage within the city, to fail to move such truck, trailer or other vehicle, containing manure or excreta or liquid discharge to a location which will not disturb the inhabitants of the city by reason of the odor, gases or fumes caused by the contents of such truck, trailer or other vehicle. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-8. Unclean animal pens, etc.--Generally. It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person owning or having charge of any stable, stall, shed, or yard or appurtenance thereto, in which any horse, cow, or other animal shall be kept, or any place within the city in which manure or liquid discharge of such animal shall collect and • accumulate, to allow such stable, stall, shed, or yard or appurtenance thereto to be kept in other than a clean and sanitary condition, or allow the same to remain in a condition which would constitute a breeding place for flies, provided, nothing in this section shall be so construed as to include manure deposits upon private property for the purpose of cultivation or to be used as fertilizer. The maintaining or keeping of all animals within the city shall be allowed only if the presence of noise, flies, mosquitoes, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material or any other objectionable matter or effect does not cause, create, contribute to or become a health nuisance. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 01-080, § 3, 10-16-01) Sec. 5-9. Same--Kept by distillers, butchers, etc. No distiller, butcher, stock dealer, or other person shall collect or keep any cows in a pen, or otherwise confine any cows in the city so as to create a stench or so as to become a nuisance. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-10. Same--Fowl, rodents. It shall be unlawful and constitute the creation and maintenance of a public • nuisance for any person to keep or cause to be kept any chickens, geese, ducks, guineas, pigeons, or rabbits or other rodents in pens or enclosed areas in an unclean condition or in such a manner as to become offensive, producing odors capable of • annoying persons living in the vicinity. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-11. Wild animals; restrictions on keeping. No wild animals may be kept within the city; provided, however, wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with all laws and regulations. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-12. At large--Livestock; prohibited. It shall be unlawful for the owner or other person in charge of any livestock to permit the same to run at large or to be found unattended in the city. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-13. Same--Confinement of fowl or other bird; impounding. (a) It shall be required of every person owning or having control of any domestic fowl or any other bird, to keep the same confined within his own premises, and it shall be unlawful for any person within the city to suffer, permit or allow any domestic fowl or any other bird which he may own or have the charge of to go or be found • upon any street or other public place of the city or upon the premises of another without the consent of the owner or the person in charge of the premises upon which such domestic fowl or other bird may be found. (b) It shall be the duty of the local health authority to take up any domestic fowl or other bird found at large and confine such domestic fowl or bird in the city shelter for seventy-two (72) hours. If the owner of a domestic fowl impounded fails to claim such fowl within seventy-two (72) hours, it shall be the duty of the local health authority to humanely destroy the confined fowl or bird, as authorized by Texas Health & Safety Code. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-14. Same--Impounding fees. The city shall collect from the owner or other person to whom impounded domestic fowl or other bird or birds are delivered an impounding fee as provided in section 13-16 for the period of time the domesticated fowl or other bird or birds remains in the possession and custody of the local health authority. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-15. Local health authority designated. The city Animal Control Supervisor will be designated as the local health authority for the purpose of this chapter. His duties will be to enforce all city and state • laws pertaining to the control of animals within the City of Beaumont. • (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-16. Dead animals—Disposal; leaving carcass exposed is nuisance a) No person shall place or deposit the exposed carcass of any animal or fowl on any street, alley, highway or public place or upon private property or permit to stand any truck or other vehicle containing such carcass on any street, alley, highway or public place or on private property within the city. The term "exposed" as used in this section is meant I means the exposure of the carcass of an animal so that putrefying odors may escape and contaminate the air. Such person or persons shall cause the carcass of such animal or fowl to be disposed of as follows: a) Putting the carcass in tied, double plastic bags and placing at the edge of the driveway, close to but not on the roadway; b) Phoning Animal Control in a timely manner to pick-up and dispose of the bagged, dead animal* before such time that the carcass begins to putrefy, Decay and /or become infested with maggots *Any animal weighing 80 Ibs or more must be disposed of by the owner or persons in procession of dead animal. • Sec. 5-17. Kennel--Commercial; do ' g and cat fancier's permit; license required; fee. (a) Commercial kennel. (1) The words "commercial kennel" shall mean any lot, building, structure, enclosure or premise where one (1) or more dogs, cats or other pet animals are kept for commercial purposes, including boarding, breeding, sale of goods or animals, or the rendering of services for profit. No person, group of persons or business entity shall operate a commercial kennel without first having obtained a valid commercial kennel license from the Beaumont Health Department. For the purposes hereof, the breeding and sale of the litter of animals kept and maintained as household pets and/or the litter of animals kept and maintained by the holder of a dog and cat fancier's permit, shall not be deemed and considered a commercial kennel. Unless the premises are covered by a commercial kennel license, only one (1) litter from animals kept as household pets or one (1) litter from animal of a holder of a dog and cat fancier's permit shall be allowed on premises at any given time. (2) Such license shall be for the calendar year or any part thereof during which such kennel shall be maintained. The yearly license fee for kennels shall be in accordance with section 13-16 of the Code of Ordinances. The fee shall be due and payable in advance on or before January 1 of each • year. No kennel license shall be issued or renewed until an inspection certificate shall have been issued by the health department giving i l • evidence that a sanitary inspection of the premises has been made by the department of health of the city. The license issued shall specify the maximum number of animals permitted to be kept, handled or exhibited by the licensee. It shall be unlawful for the licensee to keep, handle or exhibit any number of animals in excess of the maximum specified on the license. All applicants for a kennel license with the city, if required by state statute to be licensed by the Texas Department of Health, must have a valid license issued by said department to qualify for licensure by the city. The possession of a state license shall not in itself assure that a city license will be granted. (3) Should the health authority or its designee believe a commercial kennel licensed under this section is in violation of any zoning law, health law, or any other applicable law of the city or state or believe the commercial kennel is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, the health authority may provide written notice to the person, group of persons, or business entity operating the commercial kennel specifically stating the nature and facts supporting the nature of the alleged violation or detrimental condition. Such notice shall also state the intention to repeal the commercial kennel license and provide an effective date of such license repeal not less than twenty-five (25) days after the date of the letter of notice. Should the person or persons holding the commercial kennel license desire to appeal the decision of the health authority or its designee such appeal should be made in writing within ten (10) days of • the date of the letter of notice and in such case the health authority shall convene the animal health advisory committee to hear the appeal. The decision of the animal health advisory committee shall be final concerning revocation or nonrevocation of the commercial kennel license. The decision of the committee shall be made prior to the date of repeal set out in the notice letter; if the decision is not timely made, the license shall continue in full force and effect until such time as such decision is made. (4) This section shall not apply to and will not be construed to require a commercial kennel license for: a. A veterinary hospital operated by a licensed veterinarian which retains animals for veterinary medical care; b. A bona fide publicly or privately owned zoological park; C. A bona fide research institution using animals for scientific research; d. A publicly owned animal shelter. (5) A certificate shall be issued by the health department to the person paying for a commercial kennel license, which certificate shall contain the data specified in this section and which certificate shall be displayed at all times in a prominent place in the kennel. (6) The department of health shall keep a permanent record of all • commercial kennel licenses issued under the terms of this section, which record shall show the name and address of persons being issued a � x kennel license, the name and address of the kennel, the number of the commercial kennel license, the date issued and the amount paid therefor. (b) Permit, dog and cat fancier. (1) The words "dog and cat fancier's premise" shall mean any lot, building, structure, enclosure or other premise where five (5) or more dogs, each of which is over the age of four (4) months, five (5) or more cats, each is over the age of four (4) months, or a total of five (5) or more dogs and cats, each over the age of four (4) months are kept, harbored or maintained: a. For showing in recognized dog shows, obedience trials, or field trials. b. For working and hunting. C. For exhibition in shows and trials. d. For household pets. (2) No person may operate a dog and cat fancier's premise without first having obtained a valid permit from the health authority or its designee. Persons shall apply for such permits with the Beaumont Health Department. A person may apply for a permit for a dog and cat fancier's premise prior to purchase of such premise, in such case, the permit if issued may be issued subject to such purchase. The application shall be in writing and shall provide sufficient information to document the following: a. That the animals will not create nuisance conditions for adjoining or nearby properties; b. That all animals will be securely confined to the property; C. That adequate methods for sanitation and sewage disposal are provided; d. A list of all animals by number, breed, sex, age, and color. (3) Outside structures or enclosures used to maintain the animals should be located only in the back yard and shall not occupy more than twenty (20) per cent of the yard area. (4) Upon receipt of the application, the health authority or its designee shall provide written notice to owners or occupants of all property within five hundred (500)feet of the property line of the proposed permitted location. The notice shall inform the owner that an application for a dog and cat fancier's permit is pending, the location at which the permit is pending and shall specifically include a returnable card addressed to the city providing a means by which the recipient of the notice may either agree to or object to the issuance of the permit. For purposes of this section, notification is adequate if addressed to the owner of the property as such owner appears on the current tax roll of the city. The time limit for such objection • shall be stated on the notice but shall not be less than fourteen (14) days from the date of the issuance of the notice. A dog and cat fancier's permit � r • may not be issued if two (2) or more written objections are received within the time limit set out in the notice. (5) Applicant shall pay to city a nonrefundable fee of two hundred dollars ($200.00) at the time the application is submitted. If two (2) or more objections to issuance of the permit are not received and the application is otherwise acceptable to the health authority or its designee, the permit shall be granted for a one-year period, otherwise the permit shall be denied. Appeals of denials will be handled in accordance with the provisions of section 5-17(b)(7). (6) Permits will be issued for one-year periods and must be renewed annually by the payment of a renewal fee of fifty dollars ($50.00). A permitted dog and cat fancier's premises is an allowable use in any zoning classification. Prior to issuance of any permit either original or renewal, the health authority shall inspect the premises to assure compliance with this ordinance. The number, breed, sex, age, and color or colors of all animals shall be listed on the permit. No new animals may be added nor shall exchanges be allowed unless application for amendment to the permit is made and approved. (7) Permits may be revoked by the health authority or its designee if provisions of this section, other ordinances of the city or the laws of the state, or the terms and conditions of the permit are violated. Appeals of revocation of a permit or the refusal to grant a permit shall be made to the • health authority or its designee. The request for appeals shall be made in writing within five (5) days of the receipt of the written notification of the refusal to grant the permit or the revocation of the permit. Upon receipt of request for such an appeal, the health authority shall convene the animal health advisory committee to hear the appeal. The decision of the animal health advisory committee shall be final. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 86-16, § 1, 2-25-86; Ord. No. 91-69, § 1, 9-3- 91) Sec. 5-17.1. Same--Regulations. (a) General structure. (1) Structural strength. Housing facilities shall be structurally sound and shall be maintained in good repair in order to protect the animals from injury, to contain them, and to prevent exposure to other animals. (2) Water and electric power. Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available. (3) Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food. (4) Waste disposal. Provision shall be made for the removal and disposal of • animal and food waste, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin • infestations, odors, and disease hazards. (5) Washrooms and sinks. Facilities for personal hygiene such as washrooms, basins or sinks, shall be provided for employees. (b) Indoor facilities. (1) Heating. Indoor housing facilities shall be sufficiently heated when necessary to protect the animals. (2) Ventilation. Indoor housing facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. (3) Lighting. Indoor housing facilities shall have ample light of sufficient intensity to permit routine inspection and cleaning during the entire work period. Primary enclosures shall be situated to protect the animals from excess illumination. (4) Interior surfaces. The interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized. (5) Drainage. A suitable drainage method shall be provided to rapidly eliminate excess water from indoor housing facilities. If drains are used, • they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of room. (c) Outdoor facilities. (1) Outdoor holding facilities shall be of adequate size and construction to handle any animal housed therein. (2) Adequate shelter shall be provided to protect animals from any form of overheating or cold or inclement weather. (3) Outdoor holding facilities must be constructed in such manner that they will protect the animal, be readily sanitized, and will not create a nuisance. A suitable method shall be provided to rapidly eliminate excess water. (d) Primary enclosures. Primary enclosures shall: (1) Be structurally sound and maintained in good repair. (2) Provide convenient access to clean food and water. (3) Enable the animal to remain dry and clean. (4) Be constructed so as to protect the animal's feet and legs from injury. (5) Provide sufficient space to allow each animal to turn around fully, stand, • sit and lie in a comfortable, normal position. • (e) Feeding. (1) Dogs and cats shall be fed at least once a day except as otherwise might be directed by a licensed veterinarian. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the dog or cat. (2) Food receptacles shall be accessible to all dogs and cats and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean and sanitary. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dog food, and shall be kept clean and sanitary to prevent molding, deterioration, or caking of food. (f) Watering. (1) If potable water is not accessible to the dogs and cats at all times, it shall be offered to them at least twice daily for periods of not less than one (1) hour, except as directed by a licensed veterinarian. (2) Watering receptacles shall be kept clean and sanitary. (g) Sanitation. (1) Cleaning of primary enclosures. Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the • inhabitants and to reduce disease hazards and odors. (2) Sanitation of primary enclosures. Cages, rooms and pens shall be maintained in a sanitary condition. (3) Building and premises shall be kept clean. (4) A regular program for the control of insects, ectoparasites, and other pests shall be established and maintained. (Ord. No. 86-16, § 2, 2-25-86) Editor's note: Ord. No. 86-16, § 2, (Exhibit A), adopted Feb. 25, 1986, did not specifically amend the Code, but was included as § 5-17.1 at the editor's discretion. ARTICLE II. DOGS, CATS Sec. 5-18. Barking dogs. It shall be unlawful and constitute the creation and maintenance of a public nuisance for any person to harbor or keep on his premises or in or about his premises, or premises under his control, any dog or animal of the dog kind, which by loud or unusual barking, howling, or yelping, shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed. (Ord. No. 84-166, § 1, 12-18-84) • Sec. 5-19. Dangerous/vicious animals. • (a) A dangerous/vicious animal shall be defined as an animal which: (1) Has inflicted severe injury or death to a person or bites a person other than the owner or a member of the owner's immediate family, without provocation on public or private property; (2) Has killed or severely injured a domestic animal without provocation while off the owner's property; (3) Has a known or apparent propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals; or (4) Is trained or harbored for fighting which may be determined based on whether the animal exhibits behavior and or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting. (b) If an animal acts as stated in subsection (a)(1) or (a)(2) of this section or is trained or harbored for fighting, the animal control officer shall impound the animal immediately if it is at large; or, if it is in the possession of some person, the animal control officer may issue a notice requiring that the animal be taken to a designated location for impoundment. An animal which is impounded shall not be released until a final determination is made on the disposition of the animal. (Ord. No. 03-065, § 1, 7-29-03) • Editor's note: Ord. No. 03-065, § 1, repealed section 5-19 in its entirety and replaced it with new sections 5-19, 5-19.1--5-19.6. Former section 5-19 pertained to vicious animals; confinement, and derived from Ord. No. 84-166, § 1, adopted Dec. 18, 1984. Sec. 5-19.1. Declaration of a dangerous animal. (a) The health director or his/her designee may declare an animal to be a dangerous animal if the official has sufficient cause to believe that an animal is dangerous as defined under section 5-19(a)(1), (2), (3), (4). (b) Within five (5) working days of declaring an animal to be a dangerous animal, written notice shall be given to the owner that the health director or his/her designee has determined that the animal is a dangerous animal. This notice shall also set out the requirements for a dangerous animal which the owner must comply with as set forth in section 5-19.2. This notice shall be given to the owner by personal service or by certified mail, return receipt requested. In the event that certified mail, return receipt requested cannot be delivered, the animal control division may then give notice by ordinary mail. (c) The owner of an animal declared to be dangerous, may appeal the determination of the health director or his/her designee. The request for a determination hearing must be in writing and must be received by the director of the city health department or his/her designee no later than five (5) working days from receipt by the owner of the dangerous animal declaration. Failure to appeal the declaration within five (5) working days shall result in the health director's • declaration as final. (d) If the owner of a dangerous animal cannot be determined after reasonable efforts • to do so and after holding the animal for seventy-two (72) hours, the animal may be disposed of in a humane manner. If the owner of a dangerous animal which has been impounded is known but cannot be located for service of the notice required herein either in person or by mail, the animal may be disposed of in a humane manner after a reasonable effort has been made to locate such owner. Nothing herein shall be construed to require the city to hold the dangerous animal longer than seventy-two (72) hours because it is unclaimed. (e) Determination hearing. (1) Upon written request for a determination hearing by the owner of an animal declared dangerous herein, the director of the city health department or his/her designee shall schedule said hearing. The hearing committee shall be made up of members of the animal health advisory committee. The determination hearing shall be conducted within ten (10) days of receipt of the request for such hearing. The owner shall be notified of said hearing by first class mail. Failure of the owner to appear at the determination hearing shall in no way prevent the hearing committee from proceeding with the hearing. The decision of the committee shall be the final administrative determination by the city. (2) Pending the outcome of the determination hearing, the animal must be securely confined in the animal control facility or at the request of the owner of the animal, with a licensed veterinarian at the expense of the owner. The costs of securing said animal at the animal control facility • pending the determination hearing shall be borne by the owner. (Ord. No. 03-065, § 1, 7-29-03) Sec. 5-19.2. Requirements for owner of a dangerous animal. (a) No later than fifteen (15) days after an animal is declared dangerous the owner must comply with all of the following requirements before the subject animal can be released to the owner by animal control: (1) Register the animal as a dangerous animal with the animal control authority for the areas in which the animal is kept. The cost for registration shall be fifty dollars ($50.00) per year. (2) Obtain and maintain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or for damages to any person's property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the city animal control facility before said dangerous animal shall be returned to the owner if it is being held by the city or a veterinarian. (3) Restrain the dangerous animal at all times on a leash in the immediate control of a person or in a "secure enclosure." The enclosure must have secure sides, a secure top attached to the sides; and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. In addition, • the secure enclosure must be: a. Locked; b. Capable of preventing the escape or release of the animal; C. Clearly marked as containing a dangerous animal. (4) The owner shall post a sign on his premises warning that there is a "dangerous animal on the property." This sign shall be visible and capable of being read from the public street or highway. In addition, the area where the animal is kept must be kept secure from small children from gaining access. (5) The dangerous animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent if from biting any person or animal. (6) A dangerous animal may not be chained to any object outside the dwelling or locked enclosure either on or off the property of the owner. (b) If the owner of an animal declared to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the animal must be euthanized by the city animal control division or a licensed veterinarian or removed from the city of Beaumont. An animal declared to be dangerous under this chapter shall not be offered for adoption or sale within the city unless • the new owner is willing to comply with the provisions of sections 5-19, and 5- 19.1--5-19.6. Transfer of the dangerous animal to a new owner must be approved by the animal health advisory committee. (Ord. No. 03-065, § 1, 7-29-03) Sec. 5-19.3. Reporting significant events. (a) The owner of an animal declared dangerous under the provisions of this article shall report any of the following events within five (5) days to the animal control officer: (1) Permanent removal of the animal from the city. (2) Death of the animal. (3) The birth of any offspring of the animal, including the number, niafkegema_rkings, color and sex. (4) Change of location within the city. (b) The owner of an animal declared dangerous under the provisions of this article shall report immediately to the animal control supervisor the escape of the animal or an attack or biting of a person or other animal. (Ord. No. 03-065, § 1, 7-29-03) • Sec. 5-19.4. Penalties for violation. The owner of an animal declared to be dangerous herein shall also be subject to t � • a fine of not less than fifty de}IaFS ($60.00) one hundred dollars(1.00.00) but not more than five hundred dollars ($500.00) for each violation of subsection 5-19.2 or 5-19.3 of this chapter or for interference with enforcement of this chapter. This penal provision is in addition to any administrative determination by the animal control officer or the director of the city health department. (Ord. No. 03-065, § 1, 7-29-03) Sec. 5-19.5. Notice to law enforcement authorities and victims before euthanasia or disposal of animal involved in fatal or serious injury to persons. (a) No animal known or believed to have inflicted a serious injury or fatality of a person shall be euthanized or disposed of pursuant to section 5-19.1(d), section 5-19.2(b), or any other provision of this chapter, unless and until the city police department, and any other law enforcement authority known or believed to be involved in an investigation of the incident, has been notified of the intention of the city public health department to euthanize or dispose of the animal and such law enforcement authorities have been given a reasonable opportunity to assume custody of the animal should they choose to do so. (b) No animal known or believed to have inflicted a serious injury or fatality of a person shall be euthanized or disposed of pursuant to section 5-19(d), section 5- 19(b), or any other provision of this chapter, unless and until the victim, the victim's next-of-kin or the victim's legal representative has been notified of the • intention of the city public health department to euthanize or dispose of the animal and such person given a reasonable opportunity to investigate the animal and gather evidence (such as size and weight measurements, photographs and videotapes) as they deem appropriate and a reasonable opportunity to secure an order concerning preservation and continuing custody of the animal as evidence from a court of competent jurisdiction, should they choose to do so. (Ord. No. 03-065, § 1, 7-29-03) Sec. 5-19.6. Exceptions. (a) No animal shall be declared a dangerous animal if the threat, injury or damage caused by the animal was the result of a willful trespass upon another's property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury unless other independent grounds exist for such a declaration. (b) If the sole cause of the attack was that the animal was injured and responding to pain. (c) The provisions of this article shall not apply to animals under the control of law enforcement or military agency. (Ord. No. 03-065, § 1, 7-29-03) • Sec. 5-20. Dogs at large prohibited. It shall be unlawful for any dog to be at large within the city. Any dog on the x • streets, alleys or public places or on private premises not under the control of the owner, possessor, keeper or harborer of such dog within the city shall be considered to be at large in violation of this section, except that a dog being under the control of a person by means of a leash of sufficient strength to hold such dog shall not be deemed to be at large. A person who owns, possesses, keeps or harbors any dog that is found at large shall be in violation of this section. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-21. Impounding--Holding periods; reclaiming; shelter fee; sustenance for animals. It shall be the duty of the local health authority or any police officer of the city to take up any dog found at large and confine such dog in the city animal shelter for seventy-two (72) hours in the case of a dog without a collar or harness with tag attached, and for one hundred twenty (120) hours in the case of a dog wearing a current tag, during which time the owner or person entitled to such dog, upon satisfactory proof to the local health authority of ownership, may redeem his dog upon the payment of a shelter fee in accordance with section 13-16 and all other such applicable fees provided by that section. The local health authority shall provide, at the cost of the city, suitable and necessary sustenance for all dogs so impounded. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-22. Same--Notice to owner. • As soon as possible after any dogs or cats have been impounded at the city shelter it shall be the duty of the local health authority to maintain a list of each animal impounded describing each of such dogs or cats, whether bearing an immunization tag or not and giving the number of the tag and the name of the person registering the dog or cat in the case where the dog or cat bears an immunization tag. In case the dog or cat bears an immunization tag, then in addition to maintaining a list as required herein, it shall be the duty of the local health authority to notify such person to whom such immunization tag was issued, by letter, postal card, or telephone. The mailing of such letter or postal card shall be deemed sufficient notice whether or not the person addressed shall receive the same. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-23. Same--Refusal to deliver an animal to officer. It shall be unlawful for any person to refuse to deliver any unimmu nized dog or cat to the local health authority or any of his deputies or any city policeman upon demand for impounding. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-24. Same--Redemption or destruction of unclaimed animals. (a) The person entitled to the possession of any dog or cat impounded as provided • herein, upon proper application within the time limits specified in this article, after the impounding of such dog or cat, shall be entitled to have the dog or cat given ,r • to him, provided such dog or cat is not affected or thought to be affected with rabies, upon the payment of the impounding fee as provided in section 13-16 for each dog or cat impounded. (b) If the owner of a dog or cat impounded fails to claim such animal within severty two (72) hours, in the case of a dog or cat without a collar and immunization tag attached, the local health authority shall deliver such dog or cat to the first person who shall apply for possession of such dog or cat within the applicable time limit specified above, provided such dog or cat is not affected or thought to be affected with rabies. Such delivery shall be made upon payment of the impounding fee provided for in section 13-16, and in addition thereto, in the case of unimmunized dogs or cats, upon obtaining an immunization for such dog or cat as provided in this article. (c) If the owner of a dog or cat impounded fails to claim such dog or cat and no person applies for possession of said dog or cat, it shall be the duty of the local health authority to destroy the dog or cat without collar and vaccination tag at the expiration of the seventy-two (72) hours and the dog or cat with collar and immunization tag attached at the expiration of one hundred twenty(120) hours. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-25. Same--Interference with officers. It shall be unlawful for any person to interfere with or attempt to prevent the local health authority or any of his deputies or any city policemen, from catching or impounding any dog or cat going at large, whether on public or private property not under the control of the owner, possessor, keeper or harborer of such animal. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-26. Cats; taking possession of. The local health authority is hereby authorized to take possession of cats delivered to him by any person, picked up on the street or public property within the City of Beaumont, or picked up or delivered to him as a suspected rabid animal. Whenever such a cat shall come into the possession of the local health authority, it shall be the duty of the local health authority to confine such cat in the city animal shelter for seventy two (72) hours during which time any person may redeem such cat upon proof of ownership and payment of a shelter fee and all other fees as provided for in section 13- 16, provided that the cat is not affected or thought to be affected with rabies. If the cat is a rabies suspect, it will be held for ten (10) days. If the cat is not redeemed as provided herein, it shall be the duty of the local health authority to destroy the cat at the expiration of seventy-two (72) hours, or on the third day after the ten-day holding period as a rabies suspect. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-27. Veterinary fees. A fee will be charged for each trip made by the local health authority to pick up two (2) dead animals from veterinarians. The fees charged for this service will be in accordance with section 13-16 of the Code of Ordinances. The Humane Society shall be • exempt from the payment of these fees. (Ord. No. 84-166, § 1, 12-18-84) ARTICLE 111111. RABIES CONTROL Sec. 5-29. Report of bites; suspected rabies. (a) Any person having knowledge that an animal capable of transmitting rabies has bitten or scratched a person, dog or other animal shall immediately report the incident to the local health authority. The report shall include, if known, the name and address of any victim and of the owner of the animal and any other data which may aid in the locating of the victim or the animal. (b) It shall be the duty of every physician or other practitioner to report to the local health authority the names and addresses of persons treated for bites or scratches inflicted by animals capable of transmitting rabies, together with such other information as will be helpful in rabies control. (c) Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog or any other domestic or wild animal shall immediately report the incident to the local health authority or his agent stating as precisely as possible where such animal may be found. If a known or suspected rabid animal bites or attacks a domestic animal such incident shall also be reported as required above. • (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-30. Taking up and observing. (a) The owner of a dog or cat which has bitten, scratched or attacked a person, dog or other animal shall be notified of the incident and shall cause such animal to be immediately quarantined at the owner's expense for a period of not less than ten (10) days in the city animal shelter or a veterinary hospital in this city operated by a duly licensed veterinarian. A fee shall be charged for each day of confinement at the animal shelter when an animal is under observation in bite cases. This boarding fee shall be assessed in accordance with section 13-16 of the Code of Ordinances. Refusal or failure to produce said dog or other animal constitutes a violation of this section and each day of such refusal or failure shall constitute a separate individual violation. (1) The animal control supervisor may authorize a dog or cat owner's request for home quarantine subject to the following requirements: a. Secure facilities are available at the owner's home; b. The animal has a current vaccination against rabies; C. The animal was not a stray or otherwise wandering loose or at large when the bite occurred; d. A licensed veterinarian must examine the dog on the first day and • last day of the ten-day quarantine period; and, V � e. The animal control division must be advised immediately if the dog becomes sick or a change in its condition develops. (2) If the above requirements are met, home quarantine may only be allowed under the following circumstances: a. The owner or owner's spouse or child is the bite victim; b. The bite victim is an animal; or C. The bite victim or parent or guardian of a minor bite victim agrees to and signs an agreement form allowing home quarantine. (3) Dogs owned by the city and used actively by the police department in police work are exempt from the confinement requirements of this section if the bite incident occurs while the dog is actively involved in police work. However, such animals will be subject to examination on the day of the bite and ten (10) days after the day of the bite by a veterinarian licensed to practice in the State of Texas and chosen by the City of Beaumont. Should the police dog become sick or noticeably different in behavior, the police officer responsible for the dog shall report such change in behavior to his immediate superior who shall have the dog examined immediately by a veterinarian. The veterinarian will notify the animal control division of his findings concerning the dog. Should the dog become mortally injured or die during the ten-day period after a bite it shall be delivered to the animal control division. . (4) The animal control supervisor is responsible for developing forms and procedures necessary to accomplish the provisions of this section. (5) Any person who is the keeper or has custody and control of an animal shall be deemed the owner for purposes of this section. If it is determined by a veterinarian that an animal shows the clinical signs of the disease of rabies, the local health authority shall humanely destroy the animal. (b) If the animal dies or is destroyed while in quarantine, the local health authority shall remove the head or brain of the animal and submit it to the nearest Texas Department of Health laboratory for testing. If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the local health authority shall release it to the owner following the quarantine period if: (1) The owner has an unexpired rabies vaccination certificate for the animal; or (2) The animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. The owner of an animal that is quarantined under this act shall pay to the local health authority the reasonable costs of the quarantine and disposition of the animal as set out herein and the local health authority may bring suit to collect those costs. The local health authority shall destroy an animal that the owner or custodian does not take possession of on or before the third day following the final day of the quarantine. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 85-77, § 1, 8-6-85; Ord. No. 92-51, § 1, 7-14- • 92) • Sec. 5-31. Vaccination. Every owner of a dog or cat four (4) months of age or older shall have such animal immunized against rabies once every twelve (12) months by a veterinarian duly licensed to practice in the State of Texas. There shall be a fee charged for vaccinations administered at the city animal shelter. The fee shall be as provided for in section 13-16 of the Code of Ordinances. Any person moving into the City of Beaumont from a location outside the city shall comply with this section within ten (10) days after having moved into the city. To prevent improper vaccination of animals against and the accidental exposure of humans to rabies, modified live virus rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in this state. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-32. Inspecting dog or cat to determine immunization, right of entry therefor. The local health authority and his authorized deputies shall have the right at any reasonable time to inspect any dog or cat to determine if such animal is vaccinated as required by this article and shall have the authority, with a warrant properly issued by a magistrate, to enter any premises for such purpose, and it shall be unlawful for any person to refuse entrance to the local health authority or his deputies or to impede, obstruct or exclude such health authority or his deputies when attempting to enter such premises for the purpose of inspecting such dog or cat. • (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-33. Tag, certificate from veterinarian required. The owner or keeper of any dog or cat immunized against rabies shall procure a written certificate of vaccination on forms to be provided by the veterinarian giving an accurate description of the animal, the date of immunization and the name and address of the owner of such dog or cat, which certificate shall be signed by the veterinarian administering the vaccine. A metal tag will be issued bearing a number corresponding to the number placed on such certificate and with lettering showing immunization, which tag shall be attached to the collar or harness of the dog or cat for which it was issued and shall be worn in a conspicuous place on the collar or harness at all times. The tag issued shall be valid for one (1) year after the date of vaccination of the dog or cat to which issued and shall be nontransferable. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-34. Removal of tag prohibited. It shall be unlawful for any person to remove any metal tag issued under the provisions of this article from any dog or cat without the written consent of the owner of such animal. (Ord. No. 84-166, § 1, 12-18-84) • Sec. 5-35. Proof of vaccination. r • It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with enforcement of this article. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-36. Animals exposed to rabies. Any person having knowledge of the existence of any animal known to have been or suspected of having been exposed to rabies must immediately report such knowledge to the local health authority giving him any information which he may require. When any animal is known to have been or is suspected of having been exposed to rabies, the following rules shall be enforced by the local health authority: (1) Unvaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissue shall be: a. Humanely killed; or b. If sufficient justification for preserving the animal exists, the exposed animal should be immediately vaccinated against rabies, placed in strict isolation for six (6) months and given a booster vaccination one (1) month prior to release from isolation at the owner's expense. (2) Vaccinated animals which have been bitten or otherwise significantly • exposed to a rabid animal shall be: a. Humanely killed; or b. If sufficient justification for preserving the animal exists, the exposed, vaccinated animal shall be given a booster rabies vaccination and placed in strict isolation for three (3) months at the owner's expense. (3) These provisions apply only to domestic animals for which an approved rabies vaccine is available. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-37. Animal health advisory committee established. (a) There is hereby established an animal health advisory committee of the city to act in an advisory capacity to the city council and to the department of health concerning rules and regulations pertaining to the operations of the animal shelter and to make recommendations to the director of public health concerning animal control by the city. (b) Such committee shall consist of six (6) members composed of the city veterinarian, the director of health, the city animal control supervisor, a representative from the city police department and two (2) individuals from the Humane Society, all of whom shall be appointed for two-year terms. (c) The advisory committee shall meet as needed. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 04-097, § 1, 12-7-04) • Sec. 5-38. Abatement and imminent threat; right of entry; search warrants. A) Animal Control Officers and/or law enforcement officers shall have the power to impound animals which create an animal nuisance per se for the purpose of abating a nuisance and in cases where they have reason to believe an animal has been or is being cruelty treated, has rabies or exhibits other violations of law as follows: 1) On public property, in all cases; 2) On private property, if a) The consent of the resident or property owner is obtained, b) The Officer reasonably believes there is immediate and imminent danger or peril to the public or to the animal if the animal in question is not impounded, or C) Authorized by appropriate courts of law; 3) The officer has the right to purse and apprehend animals running at large onto private property while enforcing the provisions of this chapter Sec. 5-39. Care and human treatment of animals. • A) Any person, including but not limited to the owner and/or the person who has the care, custody or control of such animal, commits an offense if he: 1) Fails to provide an animal with sufficient food and water; 2) Cruelty confines an animal or forces, allows, or permits any animal to remain in its own filth and/or waste; 3) Crops a dog's ears, docks a tail, removes dew claws, or performs other surgical procedures on a dog or cat, except as provided by the Veterinary Licensing A cat by a licensed veterinarian; 4) Uses any steel-jawed, killer-type, tooth trap designed in such a fashion as to reasonable ensure the cutting, slicing, tearing, or otherwise traumatizing of entrapped prey and commonly known as a "bear trap, wolf trap, or coyote trap" in any zoning district within the city limits; 5) Instigates or permits any dog fight, cock fight, bullfight, or other combat between animals or between animals and humans; 6) Leaves any animal unattended in any vehicle in such a way as to endanger the animal's health, safety, or welfare; • 7) Throws or allows an animal to jump from a moving vehicle • in a manner likely to injure the animal or; 8) Ties or tethers a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian Sec. 5-40. Placement and baiting of animal traps. A. It shall be unlawful for any person to place or place and bait or to permit the placing or placing and baiting of any trap designed for trapping animals in any highway, street, alley or other public place within the city limits unless specific permission by Animal Control has been granted. However, nothing in this chapter shall prohibit an Animal Control Officer from placing such traps on public or private property as may be necessary to capture animals running at large B. It shall be unlawful for any person to remove, alter, damage, or to otherwise tamper with a trap or equipment belonging to or set out by the Animal Control Division. Sec. 5-41. Immediate euthanasia authorized. A. The Director of Public Health, the Local Health Authority, the Animal • Control Supervisor, or any person designated by either the Director of Public Heath, City Manager, or City Council acting on behalf of the city, is authorized to kill or immediately euthanize any animal found at large or any impounded animal in the following circumstances: 1) The animal appears to be suffering from serious injury, pain or agony; 2) Circumstances exist which reasonable causes the Animal Control Supervisor to believe that the animal presents a serious risk to the health or safety of the public; 3) Circumstances exist which reasonable cause the Animal Control Supervisor to believe that the animal presents a serious risk to the health or safety of the animal population of the City Animal Shelter or the animal population of the city B. The Animal Control Division may euthanize any impounded animal immediately upon declaration of evacuation of the city due to natural or man-made disaster, any quarantined animals will be handled on a case by case basis at the discretion of the Animal Control Supervisor, who is authorize to do one of the following: 1) Humanely euthanize any quarantined animal, remove the head or • brain of the animal and submit it to the nearest Texas Department of Health laboratory for testing of rabies; ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I, SECTIONS 5-2.1, SUBSECTIONS 5-4(a) and (c)(5)(a), (b) and (c), SECTION 5-8, SUBSECTION 5-13(b), SECTION 5-16, AND ARTICLE Il, SUBSECTIONS 5-19.3(a)(3) and SECTION 5-19.4 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 5, Article I, Section 5-2.1, be and the same is hereby emended to read as follows: ,sec. 5-2.1. Selling of animals; private animal sales. It shall be unlawful for any person to offer, sell, trade, barter, lease, rent, give away, or display for commercial purpose any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea market within the city. 'This provision does not prohibit the sale or purchase of animals from a person's private residence. Section 2. That Chapter 5, Article I, Subsections 5-4(a) and 5-4(c)(5)(a)(b) and (c), be and the same are hereby amended to read as follows: Sec. 5-4. Livestock permitted, number. (a) Definition: For purposes of this article the term "livestock" shall mean any horse, mule, cattle, hog, sheep, goat, guinea pig, hamster, rabbit or similar animal classified as livestock. (c) Area limitations and maintenance requirements for the keeping of livestock and poultry. The provisions of section 5-4(b) shall not apply to the following situations: (5) Livestock (other than hogs or pigs) which are kept in compliance with the following requirements: a. Horses or other equine animals, as a private stable (not for commercial purposes) and other livestock and poultry may be kept on tracts of land with not less than twenty thousand (20,000) square feet. b. Bovine animals may be kept for personal use (not for commercial purposes) on tracts of land with not less than forty thousand (40,000) square feet. C. Livestock which are kept as pets for non-commercial purposes only, shall be provided not less than twenty thousand (20,000) square feet of land area in the tract for each animal unit. The following animal units values are to be assigned to livestock, except for small animals described in subsection (c)(4) above, in determining the number of animals which may be kept on a tract of land: Each lamb or sheep 1/5 animal unit Each goat 1/6 animal unit Each horse or other equine animal 1/2 animal unit Each cow or other large animal One animal unit Offspring of equine animals may be kept for a period of eighteen (18) months and offspring of other livestock may be kept for a period of twelve (12) months, after birth, before being assigned any animal unit values. Section 3. That Chapter 5, Article I, Section 5-8, be and the same is hereby amended to read as follows: Sec. 5-8. Unclean animal pens, etc.--Generally. It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person owning or having charge of any stable, stall, shed, or yard or appurtenance thereto, in which any horse, cow, or other animal shall be kept, or any place within the city in which manure or liquid discharge of such animal shall collect and accumulate, to allow such stable, stall, shed, or ,yard or appurtenance thereto to be kept in other than a clean and sanitary condition, or allow the same to remain in a condition which would constitute a breeding place for flies, provided, nothing in this section shall be so construed as to include manure deposits upon private property for the purpose of cultivation or to be used as fertilizer. The maintaining or keeping of all animals within the city shall be allowed only if the presence of noise, flies, mosquitoes, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material or any other objectionable matter or effect does not cause, create, contribute to or become a health nuisance. Section 4. That Chapter 5, Article I, Subsections 5-13(b), be and the same is hereby amended to read as follows: Sec. 5-13. Same--Confinement of fowl or other bird; impounding. (b) It shall be the duty of the local health authority to take up any domestic fowl or other bird found at large and confine such domestic fowl or bird in the city shelter for seventy-two (72) hours. If the owner of a domestic fowl impounded fails to claim such fowl within seventy-two (72) hours, it shall be the duty of the local health authority to humanely destroy the confined fowl or bird, as authorized by Texas Health & Safety Code. Section 5. That Chapter 5, Article I, Section 5-16 be and the same is hereby amended to read as follows: Sec. 5-16. Dead animals—Disposal; leaving carcass exposed is nuisance. No person shall place or deposit the exposed carcass of any animal or fowl on any street, alley, highway or public place or upon private property or permit to stand any truck or other vehicle containing such carcass on any street, alley, highway or public place or on private property within the city. The term "exposed" as used in this section means the exposure of the carcass of an animal so that putrefying odors may escape and contaminate the air. Such person or persons shall cause the carcass of such animal or fowl to be disposed of as follows: a) Putting the carcass in tied, double plastic bags and placing at the edge of the driveway, close to but not on the roadway; b) Phoning Animal Control in a timely manner to pick-up and dispose of the bagged, dead animal* before such time that the carcass begins to putrefy, decay and/or become infested with maggots. "Any animal weighing 80 Ibs. or more must be disposed of by the owner or persons in possession of said dead animal. Section 6. That Chapter 5, Article II, Subsection 5-19.3(a)(3), be and the same is hereby amended to read as follows: ,sec. 5-19.3. Reporting significant events. i,a) The owner of an animal declared dangerous under the provisions of this article shall report any of the following events within five (5) days to the animal control officer: (3) The birth of any offspring of the animal, including the number, markings, color and sex. Section 7. That Chapter 5, Article II, Section 5-19.4, be and the same are hereby amended to read as follows: :iec. 5-19.4. Penalties for violation. The owner of an animal declared to be dangerous herein shall also be subject to a fine of not less than one hundred dollars ($100.00) but not more than five hundred dollars ($500.00) for each violation of subsection 5-19.2 or 5- '19.3 of this chapter or for interference with enforcement of this chapter. This penal provision is in addition to any administrative determination by the animal control officer or the director of the city health department. Section 8. • That, if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 10. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 13th day of February, 2007. - Mayor Guy N. Goodson - 3 February 13, 2007 Consider authorizing the receipt of an anonymous donation of J. P. Morgan Chase stock which ,Arill be sold and the proceeds used for the Julie Rogers Theatre Project • ••�,. City Council Agenda Item TO: City Council FI',OM: Kyle Hayes, City Manager PPXPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: February 13, 2007 AGENDA MEMO DATE: February 7, 2007 REQUESTED ACTION: Council consider a resolution authorizing the receipt of an anonymous donation of J. P.Morgan Chase stock valued at a minimum of$203,150 and authorizing the City Manager to negotiate appropriate instruments of conveyance and gift, to execute all documents necessary to complete the transaction, and to establish an account to receive this donation at Coastal Securities. RECOMMENDATION The administration requests approval of a resolution authorizing the receipt of a donation of such stock,the proceeds of which are to be used for the Julie Rogers Theater project, and authorizing the City Manager to negotiate appropriate instruments of conveyance and gift,to execute all documents necessary to complete the transaction, and to establish an account with Coastal Securities to hold such stock. BACKGROUND Although public funds cannot be used to purchase stock, receipt of stock through a donation is not a prohibited transaction. The City is allowed to receive such stock and hold it in accordance with the terns of the donation until such time as it is advantageous to sell it. Any reinvestment of the proceeds must then be in accordance with the Public Funds Investment Act and the City's investment policy. Coastal Securities has previously been approved as an authorized broker/dealer for the City. BUDGETARY IMPACT Proceeds from sale of the stock will be used for the Julie Rogers Theater project. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the receipt of an anonymous donation of J. P. Morgan Chase stock valued at a minimum of $203,150, the proceeds of which are to be used for the Julie Rogers Theater project. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is authorized to negotiate all appropriate instruments of conveyance and gift, to establish an account to receive this donation at Coastal Securities and execute all documents necessary to complete the transaction. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of February, 2007. - Mayor Guy N. Goodson - 4 February 13, 2007 Consider authorizing the City Manager, or his designee, the authority to notify the railroads and appropriate State and Federal agencies of the City's intent to establish quiet zones on the Union Pacific Railroad north and south tracks from Langham Road to Keith Road City of Beaumont U Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: February 13, 2007 AGENDA MEMO DATE: February 6, 2007 REQUESTED ACTION: Council authorize the City Manager, or his designee, the authority to notify the railroads and appropriate State and Federal agencies of the City's intent to establish quiet zones on the Union Pacific Railroad north and south tracks from Langham Road to Keith Road. RECOMMENDATION Administration recommends Council authorize the City Manager, or his designee, the authority to notify the railroads and appropriate State and Federal agencies of the City's intent to establish a quiet zone on the Union Pacific Railroad north and south tracks from Langham Road to Keith Road. BACKGROUND During the January 30, 2007, City Council Work Session, staff presented a status report regarding the establishment of quiet zones on the Union Pacific Railroad north and south tracks from Langham RO�Id to Keith Road. In accordance with the Federal Regulations, the next step in the process is to notify the railroads and appropriate State and Federal agencies of the City's intent to establish the quiet zones. A party that receives a copy of the Notice of Intent may submit information or comments about the proposed quiet zone to the City during the 60-day period after the date which the Notice of Intent was mailed. The comment period may terminate prior to 60 days if the City receives from each of the railroads operating over public grade crossings within the proposed quiet zone and the State agency responsible for grade crossing safety and highway safety,written statements that the railroad and State agency do not have any comments. While the comment period is underway, the City has several issues to resolve with the Texas Department of Transportation regarding the location of the medians between the railroad tracks and . College Street or US 90. Additionally, TxDOT will have to agree to the construction of medians on Major Drive (FM 364). At the end of the 60-day comment period, the City will provide written notification to the aforementioned parties Notices of Quiet Zone Establishment. The Notice of Quiet Zone Establishment provides the date upon which routine locomotive horn use at the highway-rail crossings will cease, but in no event will the date be earlier than 21 days after the date of the mailing. Prior to issuing the Notice of Quiet Zone Establishment the City and TxDOT will have to install the medians at each location, curbs around the base of railroad signal equipment and appropriate signing. The installation of the above items will take approximately one (1) month, weather permitting. BUDGETARY IMPACT The estimated cost to install the medians, curb and signs at the 11 railroad crossings that intersect City streets is estimated at$5,000 to $7,5000 per crossing. Funds are available in the Public Works General Fund budget. NoticeoffntentQuietZones.wpd February 6,2007 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and is hereby authorized to notify the railroads and appropriate State and Federal agencies of the City's intent to establish quiet zones on the Union Pacific Railroad north and south tracks from Langham Road to Keith Road. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of February, 2007. - Mayor Guy N. Goodson - # 5 February 13, 2007 Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains, HoweWYount Outfall Contract-VI Project for"extra work" • City Council Agenda Item EL TO: City council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: February 13, 2007 AGENDA MEMO DATE: February 7, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains,HowelUYount Outfall Contract-VI Project for "extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains, Howell/Yount Outfall Contract-VI Project amount by $91,501. The proposed changes to the contract will rehabilitate 1276 linear feet of 10-inch and 245 linear feet of 6-inch sanitary sewer lines,remove and replace eight manholes,install one end of line clean out and replace 23 service connections.The proposed extra work will represent an increase of 12.740%ofthe contract and the total increase on all change orders is 32.63%ofthe original contract amount.The proposed extra work is for the area on Tangledahl Street and a portion of Bicentennial Lane. BACKGROUND The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals ofthe project are to restore the integrity ofthe sanitary sewer lines,restore the carrying capacity, and provide customers with uninterrupted and adequate service. Fifty five percent ofthe Sanitary Sewer Rehabilitation project cost is funded by a grant with the U.S. Environmental Protection Agency with the City ofBeaumont providing the remaining 45%.The City has applied for and received similar funding for the change order from the U.S. EPA.The total cost to the City for this proposed change order would be$41,175. Previous actions include: Resolution 03-203 in the amount of$718,494.00 was passed by City Council on September 30,2003, resolution 04-195 in the amount of$89,783 was passed by City Council on August 24, 2004 and resolution 05-106 in the amount of$53,175 was passed by City Council on April 26, 2005. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Improvements Fund. APPROVAL OF CONTRACT CHANGE Change Order No. 3 &Final Date:February 7,2007 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Howell/Yount Outfall, Contract-VI Owner: City of Beaumont P.O. Box 3827 Beaumont,Texas 77704 Contractor: PM Construction&Rehab,LP 131 N.Richey Pasadena,TX 77506 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for"extra work."performed by the Contractor to rehabilitate 1276 linear feet of 10-inch and 245 linear feet of 6-inch sanitary sewer lines, remove and replace eight manholes,install one end of line clean out and replace 23 service connections. ORIGINAL,CONTRACT AMOUNT $718,494. THIS CHANGE ORDER: Description Net Chance *ehabilitate 1276 linear feet of ten-inch sanitary sewer lines. $52,316. Rehabilitate:245 linear feet of six-inch sanitary sewer lines. $ 7,840. Remove and replace eight manholes. $ 19,200. Install one end of line clean out. $ 990. Replace 23 service connections. $ 11,155. TOTAL AMOUNT OF THIS CHANGE ORDER: $91,501. TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: $142,958. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $952,953. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: lann Tohrne,P.E. City of Beaumont PM Construction&Rehab ateHr Utilities Director Owner Contractor Date: Date: Date: RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on September 30, 2003, the City Council of the City of Beaumont, Texas, passed Resolution No. 03-203 awarding a contract in the amount of $718,494 to PM Construction & Rehab, LP, Pasadena, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Howell/Yount Outfall Contract VI; and, WHEREAS, on August 24, 2004, the City Council of the City of Beaumont, Texas, passed Resolution No. 04-195 approving Change Order No. 1 required to replace 1,376 linear feet of 12-inch sanitary sewer pipe under the street and to remove 19 underground obstructions under the pavement on Belmont Street in the amount of $89,783 thereby increasing he contract amount unt to $808,277; and, WHEREAS, on April 25, 2005, the City Council of the City of Beaumont, Texas, passed Resolution No. 05-106 approving Change Order No. 2 required to rehabilitate 1,350 linear feet of 8-inch sanitary sewer pipe and replace 15 sanitary sewer service connections on Pinkstaff Street in the amount of $53,175 thereby increasing the contract amount to $861,452; and, WHEREAS, Change Order No.3 in the amount of $91,501 thereby increasing the contract amount to$142,9,58 is required to rehabilitate 1276 linear feet of 10-inch and 245 linear feet of 6-inch sanitary sewer lines, remove and replace eight manholes, install one end of line clean out and replace 23 service connections. iNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby authorized, to execute Change Order No. 3 in the amount of $91,501 thereby increasing the contract amount to $142,958. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of February, 2007. - Mayor Guy N. Goodson - 6 February 13, 2007 Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program City Council Agenda Item .N K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: February 13, 2007 AGENDA MEMO DATE: February 6, 2007 REQUESTED ACTION: Council consider the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program. RECOMMENDATION Administration recommends authorization for the purchase of vehicles through the State of Texas Cooperative Purchasing Program in the amount of$866,472. BACKGROUND The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, county, school district, and municipal agencies within Texas. The Cooperative Purchasing Program is coordinated by the Texas Building and Procurement Commission (TBPC) in accordance with state bidding statutes. Representatives from TBPC meet with major vehicle manufacturers each year to discuss the model changes and features offered to major fleet consumers for the upcoming year vehicle models. Specifications are developed and published for distribution to governmental consumers and statewide vendors.TBPC solicits bids from vendors throughout the state to furnish pricing on various types of vehicles. These vehicles include compact cars, intermediate size sedans,police pursuit vehicles, %ton,3/4 ton and 1 ton light and heavy duty pickup trucks, cargo and passenger vans, as well as medium duty truck cab and chassis. Specifications include features such as 4, 6, and 8 cylinder engines, 2 and 4 wheel drive, automatic and manual transmissions, air conditioning,ABS brake systems and AM/FM radios. Optional features such as tilt steering,cruise control,spotlights,tool boxes, grille guards,and heavy duty bumpers are bid and offered for an additional cost. Bids are open to any vehicle dealer on the State of Texas Centralized Master Bidders List. Due to the volume of vehicles requested by the State, generous concessions are offered to the dealer from the manufacturers. Bids are received and evaluated by the TBPC. After bids are evaluated, a Purchase of Vehicles February 6, 2007 Page 2 contracted price list is published indicating the successful vendor for each type of vehicle and the prices of specific optional features. Vehicles are selected from the published list and orders are submitted to TBPC. Vendors generally deliver the vehicles within 90 to 120 days. Thirty-seven (37)vehicles, budgeted in Fiscal Year 2007, are available through the State of Texas Cooperative Purchasing contract. Included in this year's budget are funds for four (4) mid-size sedans,one(1)compact cargo van, six(6)sport utility vehicles,twenty-four(24)pickup trucks, and two (2) diesel powered truck cab and chassis with ambulance service packages. The vehicles are described further on the attached Distribution of Fleet Purchases chart. Replacement vehicles and additions to the fleet are requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the equipment to be replaced.Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. Thirty-four (34) of the thirty-seven (37) vehicles to be purchased are replacement vehicles. The units will replace year models ranging from 1990 to 2000. Some of the replaced vehicles may be relocated to other divisions. The remaining vehicles will be disposed of according to the City's surplus property disposal policies.The three(3)additions to the fleet include a full size sport utility vehicle for the Convention and Visitors Bureau to provide transportation for clients and to transport exhibits and promotional materials. The additions also include one(1)truck each for the Engineering and Streets and Drainage Divisions of the Public Works Department where additional vehicles are required to provide employee and equipment transportation to job sites. Warranties of 36,000 miles or three (3) years are provided for each new vehicle. The warranty service is provided by local authorized dealerships. BUDGETARYIMPACT Funding is available as follows: Capital Reserve Fund $615,440 Water Utilities Fund 165,683 Solid Waste Management Fund 57,476 Hotel Occupancy Tax Fund 27,873 TOTAL: $866,472 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program in the amount of$866,472 as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of February, 2007. - Mayor Guy N. Goodson - Purchase of Vehicles February 6, 2007 Page 3 DISTRIBUTION OF FLEET PURCHASES M!M CV13 Convention & Visitors Ford Expedition 1 $27,873 Bureau (CVB) FTEAL- CONVENTION&VISITORS BUREAU $27,873 Fire Suppression Chevrolet Tahoe 1 $27,403 TOTAL-FIRE DEPARTMENT $27,403 0 Parks & Parks & Recreation Ford Freestar Cargo Van 1 $12,039 Recreation Parks & Recreation Ford F350 Crew Cab Truck 1 26,183 Parks & Recreation Ford F150 '/z Ton Truck 1 16,404 Parks & Recreation Ford F250 3/4 Ton Truck with 3 76,698 utility body FIT::oTAL-PARKS &RECREATION DEPARTMENT $131,324 Poi[ice Police Administration Chevrolet Malibu 1 $12,245 Police Administration Ford Expedition 1 20,479 Police CID Ford F 150 '/z Ton Truck with 1 18,121 extended cab Police Patrol Chevrolet Tahoe 2 53,698 FET—oTAL-POLICE DEPARTMENT $104,543 EXHIRIT «n» Purchase of Vehicles February 6, 2007 Page 4 DISTRIBUTION OF FLEET PURCHASES (continued) 1 WAM Public Animal Control Ford F250 '/4 Ton Truck with 1 $21,413 Health utility body Code Enforcement Chevrolet Malibu 2 24,490 EMS Chevrolet Tahoe 1 26,849 EMS Ford 350 Cab & Chassis with 2 50,522 Ambulance Package TOTAL-PUBLIC HEALTH DEPARTMENT $123,274 Public Building Codes Chevrolet Malibu 1 $12,245 Works Building Services Ford F250 '/4 Ton Truck with 1 25,735 utility body Engineering Ford F250 3/4 Ton Truck 1 24,266 Engineering Ford F150 1/2 Ton Truck 1 15,057 Solid Waste Ford F1501/z Ton Truck 2 31,682 Solid Waste Ford F250 3/4 Ton Cab & 1 25,794 Chassis, Flatbed Truck Streets Ford F150 1/2 Ton Truck with 1 19,100 extended cab Transportation Ford F450 1 1/2 Ton Truck 2 90,234 with utility body Transportation Ford F250 3/4 Ton Truck with 1 25,855 utility body Transportation Ford F 150 1/2 Ton Truck 1 16,404 La:EITAL-PUBLIC WORKS DEPARTMENT $286,372 ! 7 February 13, 2007 Consider approving an ordinance amending Ordinance 07-009 to provide early voting on Sunday • City Council Agenda Item E TO: City Council FROM: Kyle Hayes, City Manager PIREPARED BY: Rose Ann Jones, City Clerk MEETING DATE: February 13, 2007 AGENDA MEMO DATE: February 9, 2007 REQUESTED ACTION: Council consider an ordinance amending Ordinance 07-009 to provide early voting on Sunday. RECOMMENDATION Administration recommends including early voting on Sunday,May 6,2007 at all locations between Noon and 5:00 p.m. BACKGROUND Council passed Ordinance 07-009 on January 30, 2007, to increase the early voting locations to approve the City Clerk's Office as the Main Early Voting Location and to approve four branch early voting locations as well as to include early voting on Saturday, May 5, 2007. Early voting by personal appearance will be held as follows: Monday, April 30, 2007 8:00 a.m. to 5:00 p.m. Tuesday, May 1, 2007 7:00 a.m. to 7.00 p.m. Wednesday, May 2, 2007 8:00 a.m. to 5:00 p.m. Thursday, May 3, 2007 8:00 a.m. to 5:00 p.m. Friday, May 4, 2007 8:00 a.m. to 5:00 p.m. Saturday, May 5, 2007 8:00 a.m. to 5:00 p.m. Sunday,May 6,2007 Noon to 5:00 p.m. Monday, May 7, 2007 8:00 a.m. to 5:00 p.m. Tuesday, May 8, 2007 7:00 a.m. to 7:00 p.m. Main Early Voting Location City Hall - City Clerk's Office 801 Main Suite 125 Beaumont TX 77701 Additional Branch Early Voting Locations are as follows: Ward I Wesley United Methodist Church 3810 N. Major Dr. Beaumont TX 77713 Ward II Rogers Park Community Center 1455 Dowlen Rd. Beaumont TX 77706 Ward III Sterling Pruitt Activity Center 2930 Gulf St. Beaumont TX 77703 Wand IV Lamar University Women's Gym University Dr & East Lavaca Beaumont TX 77705 BUDGETARYIMPACT The additional day of early polling locations will cost an estimated $800 more than previously estimated. Funds are available in the City Clerk's Operating Budget. 0 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 07-009 TO INCLUDE SUNDAY, MAY 6, 2007 AS AN EARLY VOTING DATE. WHEREAS, Council passed Ordinance No. 07-009 on January 30, 2007 to increase the early voting polling place locations to include four(4)branch early voting locations; and, WHEREAS, Council further adopted an early voting schedule including Monday, April 30 through Saturday, May 5, 2007 as well as Monday, May 7 and Tuesday, May 8, 2007; and, WHEREAS, Council finds and determines that Sunday, May 6, 2007 shall be included as an early voting date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Ordinance No. 07-009 be amended to include Sunday, May 6, 2007 from 12:00 Noon until 5:00 PM at which time early voting will be conducted at the previously designated early voting polling locations. BE IT FURTHER ORDAINED that the early voting clerk shall issue a written order ordering voting on Saturday and Sunday during the early voting period. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of February, 2007. - Mayor Guy N. Goodson - • . 8 February 13,2007 Consider approving an ordinance calling the General Election for May 12, 2007 to elect a Mayor, two (2) Councilmembers-At-Large, one(1) Councilmember each for Ward I, Ward II, Ward III and Ward IV • City Council Agenda Item K, TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Rose Ann Jones, City Clerk MEETING DATE: February 13, 2007 AGENDA MEMO DATE: February 7, 2007 REQUESTED ACTION: Council to approve an ordinance calling the General Election for May 12,2007 to elect a Mayor,two(2)Councilmembers- At-Large,one(1) Councilmember each for Ward I, Ward II, Ward III and Ward IV. RECOMMENDATION Approve the General Election and Runoff Election, if necessary. BACKGROUND The City Charter dictates that all elected officials shall be elected on a regular election day established by the Election Code of the State of Texas. The City of Beaumont has established the second Saturday of May to conduct this election, and will conduct a joint election with the Beaumont Independent School District and the Port of Beaumont. The City of Beaumont will elect a Mayor, two(2)Councilmembers-At-Large;four Ward Councilmembers(one each for Ward I,H,III and IV). The Beaumont Independent School District will elect two(2) Trustees(one for Districts 3 and 5). The Port of Beaumont will elect one (1) Port Commissioner At- Large and one (1) Port Commissioner for Port Ward 2. BUDGETARY IMPACT Estimated expense to conduct an election is estimated at $50,000, with each entity paying an equitable share of said expenses. Ordinance No. 07 - xxx AN ORDINANCE OF THE CITY OF BEAUMONT TEXAS PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 12Th OF MAY, 2007 FOR THE PURPOSE OF ELECTING A MAYOR, FOUR (4) COUNCILMEMBERS (WARD I, II, III AND IV) AND TWO (2) COUNCILMEMBERS-AT-LARGE; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. In accordance with the City Charter, the Constitution, and general laws of the State of Texas, a general municipal election is hereby called and ordered for the second Saturday in May, 2007, the same being the 12th day of said month, at which election all qualified voters residing within the corporate limits of the City may vote for the purpose of electing a Mayor, Councilmembers to Wards I, II, III and IV and two (2) Councilmembers- At-Large for full term. Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned position unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the City Clerk, not later than five o'clock (5:00) p.m. on the sixty-second (62nd) day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election Code, not later than five o'clock (5:00) p.m. on the fifth (5th) day after the date an application for a place on the ballet is required to be filed, except as otherwise provided in the case of a deceased or ineligible candidate. Section 3. Said election shall be held jointly with the Beaumont Independent School District and the Port of Beaumont in accordance with Chapter 271 of the Texas Election Code; and the City Clerk of the City of Beaumont, Texas, agrees to coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provision of the Texas Election Code and as outlined in their terms of agreement contained herein: a) The expenses of the election shall be divided with each governmental entity paying an equitable share of said expenses. b) Single ballot forms shall be used which shall contain the Mayor, four (4) Ward Councilmembers and two (2) Councilmembers-At-Large, two (2) Beaumont Independent School District Trustee positions and two (2) Port of Beaumont Commissioners. c) The City of Beaumont shall be responsible for the appointment of all election judges. d) Location of polling places is attached hereto as Exhibit "A." e) One set of ballot boxes shall be used and records for all elections shall be combined. f) The City Clerk of the City of Beaumont is designated as the general custodian of election records for the joint election. g) Early voting shall be held jointly, and the City Clerk of the City of Beaumont shall serve as the joint early voting clerk. The joint early voting shall be conducted between the hours of 8:00 a.m. to 5:00 p.m': including any extended or weekend hours, at the early voting place or places at which the early voting clerk regularly conducts early voting for the City. The regular early voting clerk shall receive applications for early voting ballots to be voted by mail in accordance with Texas Election Code, Section 81.001, et. Seq. The remaining procedures for conducting early voting by mail shall be completed by the City Clerk of the City of Beaumont. h) Each participating entity will be responsible for all required election orders, resolutions, notices, and any other pertinent documents required by its respective governing body, including making the submissions required by the Federal Voting Rights Act of 1965 and any other changes which require pre-clearance by the United States Department of Justice. Preparation of necessary bilingual materials and notices will also be the responsibility of each participating entity. i) The judges and clerks shall be compensated at a rate of$8.00 per hour. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to two hours after voting is concluded by all voters offering themselves for voting during regular voting hours. The election official who delivers the returns of the election shall be paid an additional $25.00 provided he/she also returns unused ballots, elections supplies, and ballot boxes when he/she makes delivery of the returns of the election. Section 4. Legally qualified voters residing within the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s). Section 5. That said election shall be held in the City of Beaumont between the hours of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made a part hereof for all purposes. The persons whose names appear in the Exhibit "A" are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas Election Code, the presiding judge for each election precinct shall appoint a minimum of one (1) clerk, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 6. The notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. • Section 7. That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election. Section 8. That the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Mid-County Office Building, 2748 Viterbro Road, Nederland, Texas: Manager of the Central Counting Station; Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding Judge of the Central Counting Station, Rose Ann Jones, City Clerk. Section 9. The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 10. That the City Clerk is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas Election Code, the appointment of Tina Broussard as deputy early voting clerk is approved, said appointment being without additional compensation. Pursuant to Sec. 85.069 of the Texas Election Code deputy early voting clerks are hereby appointed for their designated branch polling places as indicated in Exhibit "A.". The City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduction of the election. Early voting by personal appearance shall be conducted at the main early voting location at City Hall, City Clerk's Office, Room 125, 801 Main Street, Beaumont, Texas, 77701 or at one of the following branch early voting locations: Wesley United Methodist Church, 3810 N. Major Drive, Beaumont, Texas 77703, Rogers Park Community Center, 1465 Dowlen Road, Beaumont, Texas 77706; Sterling Pruitt Activity Center, 2930 Gulf Street, Beaumont, Texas 77703; or Theodore R. Johns Library, 4255 Fannett Road, Beaumont, Texas 77705. The dates and times early voting is to be conducted is as established by Ordinance No. 07-009 as amended by Ordinance No. 07- and by written order of the early voting clerk. Early voting ballot applications and ballots voted by mail shall be sent to the City Clerk's Office, P.O. Box 3827, Beaumont, Texas, 77704-3827. The clerk shall keep the said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m. on each day for early voting which is not a Saturday, a Sunday, or an official State Holiday beginning on the seventeenth (17th) day through the fourth (4th) day preceding the date of such general election; on both Tuesdays of early voting said office hours are between 7:00 a.m. and 7:00 p.m. and on Sunday of early voting said office hours are between 12:00 Noon and 5:00 p.m.; provided, however, except as authorized by Section 85.005 (a), Texas Election Code, said clerk shall not permit anyone to vote early by personal appearance on any day which is not a regular working • day for the Clerk's office, and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public. Section 11. That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and one clerk, and the City Clerk may authorize as many additional clerks as are deemed necessary. Lucille Bryant is hereby appointed Presiding Judge of the Early Voting Ballot Board; and she shall appoint the clerk. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on election day. Section 12. If any person or persons appointed herein do not appear, are unable to perform their dutiE�s, or fail to perform their duties, the Mayor shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 13. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in the office, at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the dra'Ning, and shall also give personal notice to any candidate who makes written request for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each candidate involved in the drawing, or a representative designated by the candidate, shall have a right to be present and observe the drawing. Section 14. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 15. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of February, 2007. Guy N. Goodson, Mayor EXHIBIT "A" - 2007 GENERAL ELECTION ORDINANCE PRECINCT/BISD POLLING LOCATION JUDGE ALTERNATE /POIRT 001•1 French Elementary School Don E. Hegele Yvonne Smith 3525 Cleveland Ave. Beaumont, TX 77703 002-1 Smith Middle School Mary S. Williams Jerrie Mathis 4415 Concord Beaumont, TX 77703 003-2 Brown Alternative Center Roselyn Isadore Thelma Fielder 1900 Pope St. Beaumont, TX 77703 004-6 Administration Building Dr. Bruce Drury Donna Drury 3395 Harrison Avenue Beaumont, TX 77703 005-5 Caldwood Elementary Bettie Norwood Michael Parker 102 Berkshire Lane Beaumont, TX 77707 006-5 Central Senior High Sch. Celeste Johnson Evangeline Geroge 88 Jaguar Beaumont, TX 77702 007-12 O.C. "Mike" Taylor Career Judy Boutte Jean Runnels Center 2330 North Street Beaumont, TX 77702 008-2 Magnolia Baptist Church Jo Helen Stephens Roma Roberts 2830 Pine St. Beaumont,TX 77703 010-:2 Scott Olive Baptist Church Nanette Cantue Leslie Cantue 1050 Ewing Beaumont,TX 77701 011-3 Jefferson County Crt. Rose O. Solomon Lorenzo Lee Owens House 1149 Pearl Beaumont, TX 77701 012,013-3 Dunbar Elementary Lena Winn Katherine Fontenot 825 Jackson Beaumont, TX 77701 014-3 Ogden Elementary Lillian Frye Marilyn Frye 2300 Victoria Beaumont, TX 77701 015 King Middle School Annie Pumphrey Olivia Gonzales 1400 Avenue A Beaumont, TX 77701 016-2 Fletcher Elementary School Katherine Campbell Marvie Jackson 1055 Avenue F Beaumont, TX 77701 017,026,090-5,7 Municipal Airport Kathie Walker Marion Hickman 455 Keith Rd., Hwy 90 Beaumont, TX 77713 018-4 Ozen High School Dorothy S.Thomas Raymond Ambres 3443 Fannett Rd. Beaumont, TX 77705 019.3 BISD Administration, Annex Sandra Casmore Betty Hall 1025 Woodrow Beaumont, TX 77705 020••3 Pietzsch Elementary Grace DeMary Isdora Thomas 4301 Highland Ave. Beaumont, TX 77705 021, 067-4,5 South Park Middle School Willmeretta Lowe Sonya Pickens 4500 Highland Ave. Beaumont, TX 77705 022-1 Guess Elementary School Brenda Green Sandra Moore 8055 Old Voth Rd. Beaumont, TX 77713 023-1 Rosedale Baptist Church James Boykin Karlene Boykin 7110 Concord Beaumont, TX 77708 025,066-7 Bevil Oaks Civic Center Mildred J.Jones Shirley Collins 7390 Sweetgum Road Beaumont, TX 77713 027,078,086-5,7 Amelia Elementary School Huberta Maynor Maedell Janecka 565 South Major Drive Beaumont, TX 77707 0394 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont, TX 77705 062-7 Sallie Curtis Elementary Ward McCurtain Edna McCurtain 6225 North Circuit Dr. Beaumont, TX 77706 063-2 Lucas Elementary School Thelma Noble Sallie Cannon 1750 East Lucas Beaumont, TX 77703 064-5 Beaumont Community Ma B. Francis Mary Janet Dietz Players 5515 Phelps Beaumont,TX 77705 065-6 Regina-Howell School Sharon Hughes Eloise Sole 5850 Regina Lane Beaumont, TX 77706 068.6 Austin Middle School Helen Stone Anna Fertitta 3410 Austin Beaumont,TX 77706 072.6 Wesley United Methodist Oleta Holmes Lenora Caffey 3890 Dowlen Rd. Beaumont,TX 77726 073-7 George Marshall Middle John O. Clayton Pat Humphrey School 6455 Gladys Beaumont,TX 77706 075-4 Lamar University Willie Marrow Kathleen Wright Women's Gym Corner of Univ. Dr. & East Lavaca Beaumont,TX 77705 077-2 St. Pius X Church Lucille Bryan Wallace Bryan 5075 Bigner Road Beaumont,TX 77708 079,100-5 Tennis Center John Mistrot Mary Malone 6455 College Beaumont,TX 77707 084-4 Fehl School Ora J. Magee Carolyn Calhoun 3350 Blanchette Beaumont,TX 77701 085-4 Pace Union Hall Alice M. Dyes Verlene Davenport 2490 South 11`h Street Beaumont,TX 77701 087,088,099-1,6 Pine Burr Baptist Church Sherrie Fitzgerald Darlene Guidry 5095 Pine Burr Blvd. Beaumont,TX 77708 089-1 Ridgewood Retirement Ctr. Ruth T. Cole Jackqueline Goodle 2520 IH 10E Beaumont, TX 77703 104-6 Calvary Baptist Church Marie Clark Christine Gavrelos 3650 Dowlen Rd. Beaumont, TX 77706 116-6 West End YMCA Janice Marrou Jimmie O'Neal 3625 Dowlen Rd. Beaumont, TX 77706 Early Voting Beaumont City Hall Lucille Bryant Wallace Bryan 801 Main St. Rm. 125 Beaumont,TX 77701 Branch I Wesley United Meth. Church Kathie Walker Dan Duncan 3810 N. Major Drive Beaumont, TX 77703 Branch II Rogers Park Comm. Center Helen Stone Bill Skinner 1455 Dowlen Road Beaumont, TX 77706 Branch III Sterling Pruitt Activity Center Rose Solomon Lorenzo Lee Owens 2930 Gulf Street Beaumont, TX 77703 Branch IV Theodore R. Johns Library Katherine Campbell Sandra Moore 4255 Fannett Road Beaumont, TX 77705 • WORKSESSION * Review and discuss plans for the coliseum located � at Fair Park • CITY OF BEAUMONT PUBLIC WORKS INTEROFFICE MEMORANDUM DATE: February 9, 2007 TO: Kyle Hayes, City Manager FROM: Tom Warner,Public Works Director-11,Z) SUBJECT: FAIR PARK COLISEUM COMMENT: During a City Council Work Session in June 2006, staff notified City Council that the Beaumont Housing Authority(BHA)was going to acquire approximately thirty(30) acres of Fair Park property for single and multiple family housing. The BHA acquired the property, shown in red on the enclosed aerial, in October 2006, by eminent domain. The BHA has also expressed interest in acquiring additional Fair Park property. The remaining Fair Park property includes the old Young Mens Business League (YMBL) Administration Building, the Harvest Club, the Beaumont Art League, shows barns and the coliseum. All of the buildings, with the exception of the show barns,received significant damage from Hurricane Rita. The estimated costs to repair the coliseum and YMBL building are $458,353 and $97,923, respectively. As a result of this damage and the BHA plans, it was proposed that the coliseum and the show barns be used by Streets and Drainage for the storage of equipment and materials. The use of the coliseum by Street & Drainage was considered since the coliseum was limited to only a few types of venues. In 2005, there were seven events at the coliseum ranging from rodeos to monster truck shows. Typically, these types of events would have a negative impact on the quality of life to the any adjacent housing. Revenues from these shows totaled approximately $50,260 while expenditures for the same shows were $45,940. Upon further consideration,the proposed use of the coliseum and it's close proximity would not be compatible with the proposed BHA's development plans. For this . reason, it is recommended that the coliseum and YMBL building be demolished. Photographs of the coliseum and YMBL building are also enclosed. .1� MF.MMW 4 AIINV kC- tt Ar VYV X P Pi, '' :-:,s,.a.' mot. � J _`.�.. �i.�+� ` ,,� �.di,• :; c�3 s �c ... �'� '"� � �'49 y ^ V , L, Y ry • i aF� t "'s «,+� � � 6:: ! C }� " �� � stI''NI {M•� '' 3ar4�Y �' - {+1 � xA '3F"' r u �• F� p 1yF' i ¢ � V,iwa,_ t�'F�'� P 5 "�¢. S3 a��. , �(.'; IIlr 4• �I" � �. ��',r YY A „Y #c „ - M" F '�, }• s .. S - 1 "'e Fe`"'�Y 5`t? Sri k ' �,T <«-- 't ,P,,., � •,��'� '�'�. �.- # _ �}3 ���€`� *,.; DTs { F�. '# ' "- $" t - s MA y " Apo ' et n ; : +d _ :.i�., Yrt ,`� '�-.�" -4 k - � z.r. I .u.y..._.�w:�laY�—..;,+^ ":.:,.sd>»* nm�s�pr ,�.m'Y::�:�.•::a :.�r,f ..,�.a EL City of Beaumont MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION COUNCIL CHAMBERS FEBRUARY 13, 2007 1:30 P.M. AGENDA CALL TO ORDER * Roll Call GENERAL BUSINESS 1. Consider approving a request for financial assistance by Maple Glen Partners, LLC to finance the acquisition, development and rehabilitation of an apartment complex located at 4365 South 4' Street in Beaumont, Texas Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.