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Home My WebLink AboutPACKET JAN 10 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 10, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — December 13, 2016 Confirmation of committee appointments Paula Blazek would be reappointed to the Civil Service Commission. The current term would expire November 1, 2019. (City Manager, Kyle Hayes) A) Approve the renewal of an annual maintenance agreement with SunGard Public Sector for use by Police, Fire and EMS B) Approve a resolution accepting the donation of property for the Pointe Parkway North Project C) Authorize the City Manager to execute Change Order No. 2 for the New Fire Station No. 1 Project located at 1675 Caldwell D) Approve the assignment of sections I and II of a contract to Garden of Gethsemane Nursery & Landscaping for grounds maintenance for City parks and street triangles :�0163twig Eel �►IONEel BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointment be made: Reappointment Paula Blazek Commission Civil Service Commission Beginning Expiration of Term of Term 01/10/2017 11/01/2019 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - n BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: January 10, 2017 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with SunGard Public Sector in the amount of $250,040.48 for use by Police, Fire, and EMS. BACKGROUND SunGard Public Sector software is used by Police, Fire, and EMS for dispatching of emergency personnel, records management for Police, miscellaneous reporting, case management, and numerous other essential functions for Public Safety. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday — Friday, 8 — 5 support for mobile computers, electronic field reporting, and all records management applications, and provides annual software upgrades. This agreement is for an annual period beginning January 2017. FUNDING SOURCE General Fund — Information Technology and Police. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $250,040.48 to SunGard Public Sector for the renewal of an annual maintenance agreement for Police, Fire and EMS public safety software support beginning January, 2017. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: January 10, 2017 REQUESTED ACTION: Council consider a resolution accepting the donation of property for the Pointe Parkway North Project. BACKGROUND Pointe Parkway North will directly tie into Northwest Parkway and provide a direct interconnection with Highway 105. As part of this project, the owner of the property listed below, has agreed to donate their property to the City: Owner: Northwest Beaumont Development, Ltd. Tract I: 8.4626 acre tract situated in W. B. Dyches Survey, Abstract No. 17 Tract II: 0.3818 acre tract situated in W. B. Dyches Survey, Abstract No. 17 Appraised Value: $84,022.00 FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Northwest Beaumont Development, Ltd. has agreed to donate 8.4626 acres of land and 0.3818 acres of land situated in the W. B. Dyches Survey, Abstract No. 17, as described in Exhibits "A" and "C and shown on Exhibits "B" and "D," attached hereto, to the City of Beaumont for the Pointe Parkway North Project and, WHEREAS, the City Council has considered the donation of said tracts of land and is of the opinion that the delivery and receipt of said tracts are necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the donation of the above described properties donated by Northwest Beaumont Development, Ltd. is hereby in all things accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to accept said donations. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - TRACT Legal Description: 8.4626 Acre Tract or Parcel of Land W.B. Dyches Survey, Abstract No. 17 Beaumont, Jefferson County, Texas BEING a 8.4626 acre tract or parcel of land situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of the remainder of that certain called 294.8436 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Northwest Beaumont Development, Ltd. as recorded in Clerk's File No. 2002000092, Official Public Records of Real Property, Jefferson County, Texas and being all of that certain called 0.2651 acre tract of land as described in a "General Warranty Deed" from First United Pentecostal Church of Beaumont, Inc. to Northwest Beaumont Development, Ltd. as recorded in Clerk's File No. 2016026756, Official Public Records of Real Property, Jefferson County, Texas, said 8.4626 acre tractb _in more particularly described as follows:.. NOTE: All bearings, distances and acreages are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (2011). Scale Factor equals 0.999961299248. COAMENCING at a 5/8" iron rod with a Jefferson County Drainage District No. 6 aluminum cap found for the Northeast corner of the remainder of the said 294.8436 acre Northwest Beaumont Development, Ltd. tract, and said corner also being the Northwest corner of that certain called 7.57 acre tract, identified as Tract 2-C, as described in a deed from Amoco Production Company to Jefferson County Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 87012`19" WEST, along and with the North line of the remainder of the said 294.8436 acre Northwest Beaumont Development, Ltd. tract, for a distance of 1884.84 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the POINT OF BEGINNING of the tract herein described, said corner also being the Southeast corner of the said 0.2651 acre Northwest Beaumont Development, Ltd. tract and the Southwest corner of the remainder of that certain called one acre tract of land as described in a "General Warranty Deed" from The Anchor, Successor in Interest to and an Assumed Name Entity of The New Life Tabernacle to First United Pentecostal Church of Beaumont as recorded in Clerk's File No. 2011037761, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 01 032`33" EAST, over and across the said 294.8436 acre Northwest Beaumont Development, Ltd. tract, for a distance of 298.77 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for corner, said corner being the beginning of a curve turning to the right having a radius of 3865.00 feet and being subtended by a chord bearing SOUTH 05°12'39" WEST having a chord length of 909.02 feet; THENCE SOUTHERLY, along and with said curve, for an arc length of 911.13 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for corner; TRACT MARK W. ffWTELEY& EXHIBIT "A" THENCE SOUTH 1105751" WEST, for a distance of 14.97 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for corner, said corner being the beginning of a curve turning to the left having a radius of 3735.00 feet and being subtended by a chord bearing SOUTH 04°27'51" WEST having a chord length of 975.03 feet, THENCE SOUTHERLY, along and with said curve, for an arc length of 977.82 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for corner; THENCE SOUTH 03002'09" EAST, for a distance of 491.51 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for corner; THENCE SOUTH 48002'09" EAST, for a distance of 56.57 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for comer, said corner being in the North right-of-way line of Northwest Parkway as described in a "Correction Gift Deed" from .Northwest Beaumont Development, Ltd to the City of.Beaumont as recorded in Clerk's File No. ... 2014018397, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 86°57'51" WEST, along and with the North right-of-way line of Northwest Parkway, for a distance of 210.00 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for comer, THENCE NORTH 41057'51" EAST, for a distance of 56.57 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for comer; THENCE NORTH 03°02'09" WEST, for a distance of 491.51 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for comer, said comer being the beginning of a curve turning to the right having a radius of 3865.00 feet and being subtended by a chord bearing NORTH 04°2T51" EAST having a chord length of 1008.97 feet; THENCE NORTHERLY, along and with said curve, for an arc length of 1011.85 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for corner; THENCE NORTH 11-57'51" EAST, for a distance of 14.97 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for comer, said comer being the beginning of a curve turning to the left having a radius of 3735.00 feet and being subtended by a chord bearing NORTH 05°12'39" EAST having a chord length of 878.44 feet; THENCE NORTHERLY, along and with said curve, for an arc length of 880.48 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for corner; THENCE NORTH 01032'33" WEST, for a distance of 295.93 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for comer, said corner being in the North line of the remainder of the said 294.8436 acre Northwest Beaumont Development, Ltd. tract and the South line of the said 0.2651 acre Northwest Beaumont Development, Ltd. tract; TRACT 'age 2 of 5 W FY A.V.WrIAMR INC THENCE SOUTH 87°12'19" WEST, along and with the North line of the remainder of the said 294.8436 acre Northwest Beaumont Development, Ltd. tract and the South line of the said 0.2651 acre Northwest Beaumont Development, Ltd. tract, for a distance of 6.57 feet to a 1/2" iron rod found for corner, said comer being the Southwest corner of the said 0.2651 acre Northwest Beaumont Development, Ltd. tract and an exterior ell comer of the remainder of the said 0.2651 acre Northwest Beaumont Development, Ltd. tract and also being in the Easterly right-of-way line of East Major Drive, said comer also being the beginning of a curve turning to the left having a radius of 386.50 feet and being subtended by a chord bearing NORTH 27°3942" EAST having a chord length of 279.89 feet, THENCE NORTHERLY, along and with the Easterly right-of-way line of East Major Drive and the Westerly line of the said 0.2651 acre Northwest Beaumont Development, Ltd. tract and along and with said curve, for an arc length of 286.40 feet to a scribed "X" in concrete found for comer, said corner being the most Northerly comer of the said 0.2651 acre Northwest Beaumont _Development Ltd. tract and in the West line of the remainder of that certain called 3.16 acre tract of land as described in a "Warranty Deed "from Continental Oil Company to The First United Pentecostal Church of Beaumont as recorded in Volume 1711, Page 24, Deed Records, Jefferson County, Texas; THENCE SOUTH 01032'33" EAST, along and with the boundary between the said 0.2651 acre Northwest Beaumont Development, Ltd. tract and the remainder of the said 3.16 acre The First United Pentecostal Church of Beaumont tract and the remainder of the said one acre The First United Pentecostal Church of Beaumont tract, for a distance of 241.33 feet to the POINT OF BEGINNING and containing 8.4626 Acres, more or less. Surveyed on December 7, 2017. This legal description is being submitted along with a plat based on this survey. ff , 40�111' �'�QrG1oTE r6� Thomas S. Rowe. RPLS No. 5728 :•= = TBPLS Firm No.: 10106700 W.\2016\16-1158%16-1 158 TRACT T m&b.docx S TRACT CALLED 0.2651 ACRES NORTHWEST BEAUMONT —� DEVELOPMENT, LTD. CF NO. 2016026756 OPRJC J� O�� Al. FND1/2" 1. ROD 1 s Y a Lu ILZ a a 0 C w co Q a O IL 21 U /IN, MATCHLINE "A" U REMAINDER OF CALLED 3.16 ACRES THE FIRST UNITED PENTECOSTAL CHURCH OF BEAUMONT VOL 1711, PG. 24 FND. SCRIBED DRJC "X" IN CONC. KREMAINDER OF PO pp CALLED 1 ACRE FIRST PENTECOSTAL CHURCH OF BEAUMONT 71 C.F. NO. 2011037761 OPRJC FND S87°12'19"W 1884.84' FND 5/8" I. ROD W/CAP STAMPED — 'M.W. WHITELEY S TRACT 2-H ASSOCIATES' SLED 3.358 ACRES PERPETUAL DRAINAGE EASEMENT -� JEFFERSON C F NT 98 N9ABG09840�CT No. 6 OPRJC REMAINDER OF CALLED 294.8436 ACRES NORTHWEST BEAUMONT DEVELOPMENT, LTD. C.F. NO. 2002000092 OPRJC FND 8.4626 ACRES EXHIBIT "B" FND 5/8' I. ROD W/ALUM. CAP STAMPED "JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6' 0 z V O M O U S U NNa U11?DOC T foO Z UVU+- z w 4W.. W Q O N uj Q U w i SET 5/8' 1. ROD W/ ALUM. CAP STAMPED 'CITY OF BEAUMONT' POINTE PARKWAY TRACT 8.4626 ACRE TRACT OR PARCEL OF LAND W.B. DYCHES SURVEY ABSTRACT NO. 17 BEAUMONT JEFFERSON COUNTY, TEXAS PARK W. WIRTEI.EY AM _,,JD assoClATEs INCORPORATED calcu m mauu 3, mm mim. pan PWD= 1pll KIM M. Imom sm mu Lf= mm. Q�oo-- in N O O N N 0 0 0 0 0 1, J M O p:0 N W ro inin N7 N o- - I't mild, 5. nINI0olimicI MATCHLINE "A" a Y LINE BEARING DISTANCE Lt S01'32'33"E 298.77 L2 S11'57'51"W 14.97 L3 S03'02'09"E 1 491.51 L4 S48'D2'09"E 56.57 L5 S86'57'51 "W 210.00 L6 N41'57'51 "E 56.57 L7 NO3'02'09"W 491.51 L8 N11'57'51"E 14.97 L9 N01'32'33 W 295.93 L10 S87'12'19"W 6.57 L11 S01'32'33"E 241.33 O I1,- 00 ca 1 J I I n 0 0 0 0 0 si ui ui wi Iq Do MO tDO no t0 x 4 L5 O.-N77��n U U U U U U NORTHWEST PARKWAY C.F. NO. 2014018397 OPRJC TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: DECEMBER 7, 2016 THOMAS S. ROWE — SET 5/8" I. ROD W/ ALUM. CAP STAMPED "CITY OF BEAUMONT' POINTE PARKWAY TRACT 8.4626 ACRE TRACT OR PARCEL OF LAND W.B. DYCHES SURVEY ABSTRACT NO. 17 BEAUMONT JEFFERSON COUNTY, TEXAS MD ASSOCIATES INCORPORATED w►mrc nom, sasviroas nm r rarsx m xo. imosm • Q a. FND 8.4626 ACRES Lu F - z 0 a 0 REMAINDER OF d CALLED 294.8436 ACRES CL 0C.F. NORTHWEST BEAUMONT DEVELOPMENT, LTD. NO. 2002000092 a OPRJC O I1,- 00 ca 1 J I I n 0 0 0 0 0 si ui ui wi Iq Do MO tDO no t0 x 4 L5 O.-N77��n U U U U U U NORTHWEST PARKWAY C.F. NO. 2014018397 OPRJC TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: DECEMBER 7, 2016 THOMAS S. ROWE — SET 5/8" I. ROD W/ ALUM. CAP STAMPED "CITY OF BEAUMONT' POINTE PARKWAY TRACT 8.4626 ACRE TRACT OR PARCEL OF LAND W.B. DYCHES SURVEY ABSTRACT NO. 17 BEAUMONT JEFFERSON COUNTY, TEXAS MD ASSOCIATES INCORPORATED w►mrc nom, sasviroas nm r rarsx m xo. imosm • TRACT II Legal Description: 0.3818 Acre Tract or Parcel of Land W.B. Dyches Survey, Abstract No. 17 Beaumont, Jefferson County, Texas BEING a 0.3818 acre tract or parcel of land situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of that certain called 0.3418 acre tract of land as described in a "General Warranty Deed" from Nelda R. Lambright, Individually and as Independent Executor of the Estate of Leonard Lambright, Jr., deceased, to Northwest Beaumont Development, Ltd. as recorded in Clerk's File No. 2014005237, Official Public Records of Real Property, Jefferson County, Texas and out of and part of that certain called 0.5593 acre tract of land as described in a "Warranty Deed" from Bradford K. Downs and Clare N. Downs to Northwest Beaumont Development, Ltd. as recorded in Clerk's File No. 2015009411, Official Public Records of Real Properly, Jefferson County, Texas, said 0.3818 acre tract being more _particularly described as follows: NOTE. All bearings, distances and acreages are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (2011). Scale Factor equals 0.999961299248. COMMENCING at a 1" iron pipe found for the Northwest comer of the said 0.5593 acre Northwest Beaumont Development, Ltd. tract, the same being the Northeast comer of that certain called 0.4410 acre tract of land as described in a "General Warranty Deed" from Carol Ledford Talalis to Northwest Beaumont Development, Ltd. as recorded in Clerk's File No. 2015037238, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the South right-of-way line of State Highway No. 105; THENCE NORTH 85°49'13"EAST, along and with the South right-of-way line of State Highway No. 105 and the North line of the said 0.5593 acre Northwest Beaumont Development, Ltd. tract, for a distance of 68.54 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for the Northwest corner and the POINT OF BEGINNING of the tract herein described; THENCE NORTH 85049'13" EAST, continuing along and with the South right-of-way line of State Highway No. 105 and the North line of the said 0.5593 acre Northwest Beaumont Development, Ltd. tract, for a distance of 60.06 feet to a 5/8" iron rod with a cap stamped "LEAP" found for corner, said comer being the Northeast comer of the said 0.5593 acre Northwest Beaumont Development, Ltd. tract and being the intersection of the South right-of-way line of State Highway No. 105 and the Westerly right-of-way line of East Major Drive; THENCE SOUTH 01 °32'31 " EAST, along and with the Westerly right-of-way line of East Major Drive and the East line of the said 0.5593 acre Northwest Beaumont Development, Ltd. tract, for a distance of 194.88 feet to a 1/2" iron rod found for corner, said comer being the Southeast comer of the said 0.5593 acre Northwest Beaumont Development, Ltd. tract and the Northeast comer of the said 0.3418 acre Northwest Beaumont Development, Ltd. tract and said corner being the beginning of a curve turning to the right having a radius of 299.44 feet and being subtended by a chord bearing SOUTH 22°13'08" WEST having a chord length of 148.88 feet; TRACT II W WHITELEY & EXHIBIT "C" THENCE SOUTHERLY, along and with the Westerly right-of-way line of East Major Drive and the Easterly line of the said 0.3418 acre Northwest Beaumont Development, Ltd. tract and along and with said curve, for an arc length of 150.46 feet to a 5/8" iron rod with an aluminum cap stamped "City of Beaumont ROW Monument" set for corner; THENCE NORTH 01032'33" WEST, over and across the said 0.3418 acre Northwest Beaumont Development, Ltd. tract and the said 0.5593 acre Northwest Beaumont Development, Ltd. and along and with the proposed West right-of-way line of Pointe Parkway, for a distance of 328.38 feet to the POINT OF BEGINNING and containing 0.3818 Acres, more or less. Surveyed on December 7, 2017. This legal description is being submitted along with a plat based on this survey. ThomasS. R ----o e, RPLS No. 5728 TBPLS Firm No.: 10106700 WA2016\16-1158116.1158 TRACT 11 mkb.doac TRACT Il A ASSOCIATES. CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE 61 299.44' 150.46' 1 148.88' S22'13'08"W I 28'47'24" C2 299.44' 79.94' 1 79.70' 1 S44'15'42W 1 1597'45" LINE BEARING DISTANCE L1 N85'49'13"E 68.54' YE 60.06' FND 0.3818 ACRES 1"E 194.88' 3W W 328.38' D 7"W 122.98' 2" W 192.47' U) 0v o o � o. N X {0 � y U B En LEGEND 0 ■ SET 5/8" I. R. WITH ALUMINUM CAP STAMPED ^C3D "CITY OF BEAUMONT ROW MONUMENT" STATE HIGHWAY NO. `105 y OC POB TRACT 11 FND 1" I. PIPE CALLED 0.5593 ACRES y NORTHWEST BEAUMONT DEVELOPMENT. LTD. N C.F. NO. 2015009411 a� OPRJC 0 Z o CALLED 0.4410 ACRES N NORTHWEST BEAUMONT o DEVELOPMENT. LTD. o N C.F. NO. 2015037238 ` — OPRJC v o o c c v FND 1' 0 NI. ROD ES sogve' 3 C N VV $ gSCl N0CD 17 A N 07 °:c6CALLED 0.3418 ACRES - o ¢ N .NORTHWEST BEAUMONT _� �' C F. NOF 40,4005237 C) � OPRJC U Oo w d) _ RES D rn NORTHWBEA0.4434 U CMONT Z 0-0 DEVELOPMENT, LTD. C.F. NO. 2014005238 OPRJC W TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: DECEMBER 7, 2016 EXHIBIT "D" V 'PROPOSED WEST R.O.W. LINE OF POINTE PARKWAY POINTE PARKWAY TRACT it 0.3818 ACRE TRACT OR PARCEL OF LAND W.B. DYCHES SURVEY ABSTRACT NO. 17 BEAUMONT JEFFERSON COUNTY, TEXAS MARK W. WMTELEY AND ASSOCIATES -qql INCORPORATED cowsui iG mmumn SURVL70B3, AND P7.1oM S.B.P.LS. Im N0. 10106700 0 P. 0. wz sm Mw nffi Ir. euvrnr� 6" �at�eri s�°i u FND 5/8" I. ROD W/CAP STAMPED "LEAP" L1 TRACT II FND 0.3818 ACRES Lui D O a J Ua) LL! LS FND 1/2- 1. ROD TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: DECEMBER 7, 2016 EXHIBIT "D" V 'PROPOSED WEST R.O.W. LINE OF POINTE PARKWAY POINTE PARKWAY TRACT it 0.3818 ACRE TRACT OR PARCEL OF LAND W.B. DYCHES SURVEY ABSTRACT NO. 17 BEAUMONT JEFFERSON COUNTY, TEXAS MARK W. WMTELEY AND ASSOCIATES -qql INCORPORATED cowsui iG mmumn SURVL70B3, AND P7.1oM S.B.P.LS. Im N0. 10106700 0 P. 0. wz sm Mw nffi Ir. euvrnr� 6" �at�eri s�°i u 1�? BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Superintendent MEETING DATE: January 10, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2 for the New Fire Station No. 1 Project located at 1675 Caldwell. BACKGROUND On September 27, 2016, by Resolution No. 16-188, City Council awarded McInnis Construction, Inc. of Silsbee, Texas the contract for the construction of the New Fire Station No. 1 in the amount of $7,409,783.00. Change Order No. 2 is required to remove approximately 19,626 square feet of unstable subgrade soil located in the building foundation area. The scope of work consists of the removal of unstable soil to a depth of 18", haul off and disposal of the excavated material, and backfilling the excavated area with compacted select fill material. The cost for the adjustment in the scope of work will be taken from the contract approved $100,000.00 contingency allowance and will not result in an increase to the original contract amount of $7,409,783.00. Approval of Change Order No. 2 in the amount of $33,180.00 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. "1)/,, Document G701'm-2001 Change Order PROJECT (Nane and address): CHANGE ORDER NUMBER: 002 OWNER: Q9 CITY OF BEAI1MONf FIRE DATE: Deeennber 20, 2016 ARCHITECT: STATION # I P.O. BOX 3827 CONTRACTOR: BEAUMONT, TEXAS 77704 FIELD: ❑ TO CONTRACTOR (A'arrre and address): ARCHITECT'S PROJECT NUMBER: 1403 MCINNIS CONSTRUCTION, INC. CONTRACT DATE: October 3, 2016 OTHER: ❑ 675 SOIJTH FOURTH STREET CONTRACT FOR: General Construction SIL.SBEE, TEXAS 77656 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, a), undispuled anrouni attributable to previously eveculed Consb•rrctiar Change Directives) 1. To remove approximately 19,626 sf of unstable subgrade in the building pad. Propose toexcavate 18" of unstable subgrade and backfill with compacted select fill. Excavated subgrade (1,580 cy x $8.50) = $13,430.00 Select fill installed (1,580 cy x $12.50) = $19,750.00 Total Cost (to be taken from contingency allowance) $33,180.00 The original Contract Sunt was $ 7,409,783.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 7,409,783.00 The Contract Sunt will be increased by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 7,409,783.00 The Contract Tinte will be increased by Zero (0) dais. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Tine or Guaranteed MaCinlu111 Price which have been authorized by Construction Change Directive until the cost and tine have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Architectural Alliance inc. McInnis Construction, Inc. City of Beaumont ARCHITECT (Firer nacre) CONTRACTOR (Firm nacre) OWNER (Firer name) 350 Pine St. - Suite 720 675 South Fourth Street P.O. Box 3827 Beaumont, TX777Qjmskj Silsbee, TX 77656 Reaunnont, TX 77704 ADDRESS SS ADDRESS igrmRrr e) BY (.Sigrratro•e BY (Signe mire) J.Itob Clark (Ty red enure) '0 ATE Dusty McInnis (7j ped nanrt) DATE Kyle Hags (7t/red nave) jZ-��- •l` DATE AIA Document G7011 — 2001. Copyright O 1979.1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: Thus AIAs Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:42:28 on 12/21/2016 under Order No.2304466808_1 which expires on 08130/2017, and Is not for resale. User Notes: (1866025802) ter: 7i— � MCINNIS CONSFRUCriON. INC. 675 South 4th Street • 5t:3bca, Toxos 77656 Offre: 4091385.5767 Fax N: 4091385.2483 CHANGE ORDER PROPOSAL PR03ECT: Fire Station No. 1 1675 CALDWELL BEAUMON-r, TEXAS 77703 TO CONTRACTOR: MCINNIS CONSTRUCTION, INC. 675 SOUTH 4TH ST. SILSBEE, TEXAS 77656 The Contract is changed as follows: CHANGE ORDER NO: 2 JOB NO: 1622 INITIATION DATE: DECEMBER 19, 2016 CONTRACTFOR: Crry OF BEAumoNT— FIRE STATION No.1 1675 Caldwell Beaumont, Texas 77703 CONTRACT DATE: OCTOBER 3, 2016 Encountered approximately 19,626 sf. of unstable subgrade in the building pad. Propose to excavate 18" of unstable subgrade and backfill with compacted select fill. Excavated subgrade (1,580 cy x $8.50) = $13,430.00 Select fill installed (1,580 cy x $12.50) = $19.750.00 TOTAL $33,180.00 Not valid until signed by the, Construction Manager, Contractor, Regional Director of Construction, & VP if necessary The original (Contract Sum) (Guaranteed Maximum Price) was $ Net change by previously authorized Change Orders $ The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order Was $ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of $ The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be $ The Contract Time will be ❑ (increased) E] (decreased) ❑ (unchanged ) by ( ) days. The date of Substantial Completion as of the date of this Change Order therefore is: NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum price which have been authorized by Construction Change Directive. CONTRACTOR BY www.katconstruction.net Change Order December 16, 2016 Change Order: #2 RE: Bmt. Fire Station #1 TO: McInnis Construction ATTN: Ricky PO Box 1079 16531 Hwy 105 Sour Lake, Texas 77659 Dispatch: (409) 753-2767 Business Office: (409) 753-1700 We have encountered approximately 19,626 sf. of unstable subgrade in the building Pad. Per our onsite conversation we propose to excavate 18" of unstable subgrade and backfill with compacted select fill. $13,430.00 Excavated Subgrade (1,580 cy x $8.50) $19,750.00 Select fill installed (1,580 cy x $12.50) $33,180.00 Total Grand Total Change Order #2 = $33,180.00 ANY ADDITIONS OR DELETIONS TO THIS WILL BE CHARGED ACCORDINGLY. Please feel free to contact me if you have any questions, or if you need any additional information. Respectfully Submitted Danny LeBaron K.A.T. Excavation & Construction Inc. 409-753-1700 office 409-790-6818 cell Company: McInnis Construction Name: Signature: Date: WEIGH 100 r� too & Shipman INC. Ronald D. Fittz, P.E., R.P.LS. (1948-1987) Terry G. Shipman, P.E., Senior Consultant Billy J. Smith, Jr., President Daniel A. Dotson, P.E., Vice President December 20, 2016 Mr. Rob Clark, AIA Architectural Alliance, Inc. Edison Plaza 350 Pine Street, Suite 720 Beaumont, TX 77701 RE: City of Beaumont Firestation No. 1 Beaumont, Texas Dear Mr. Clark: Consulting Engineers and Land Surneyors Donald R. King, P.E. Bernardino D. Tristan, P.E. Jason R. Davis, P.E. Mitchell L. Brackin, R.P.L.S. Project No.: 14030 Reference is made to the above captioned project. I made a site visit to the project site today, December, 20, 2016. The purpose of the site visit was to examine the area of "Pumping soils". I also spoke with YOUSef Rahmani with Science Engineering. I also spoke with Jack Lind with T&N Laboratories and Dusty McInnis with McInnis Construction. The issue is about 18 -inches of the upper soil is silty and "pumping". Silty soils are OK to prepare a sttbgrade on if the soil is (try. Once silty soils are wet, compaction cannot be obtained because the soil "pumps". It is like jello, you posh down in one area and it pops up in another. If the project was started in the April to October timeframe there would be no issue with Pumping of the soils. Unfortunately starting a project in the winter months, especially after all the rains we have had in the past few months, the soil is saturated and mast be dried out or replaced. Science Engineering, LTD recommends removing about 18 -inches of the existing material. Below 18 -inches is a non -silty clay soil that can be properly compacted. I believe an alternate of treating the soil with lime was given but that is a more expensive option. Compaction cannot be obtained without treating or removing the soils. Removal of the silty soils is the correct solution. If you have any questions feel free to call. Sincerely, Fittz & Shipman, Inc. by: Te ry G. Shipman/P.E. For the Firm TGSLblp 1405 Cornerstone Court • Beaumont, Texas 77706 - (409) 832-7233 • Fax (409) 832-7303 Texas Board of Professional Engineers Firrn No. 1160 - Texas Board of Professional Lurid Surveyors Firm No. 100186 RESOLUTION NO. WHEREAS, on September 27, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-188 awarding a contract in the amount of $7,409,783.00 to McInnis Construction, Inc., of Silsbee, Texas, for the new Beaumont Fire Station No. 1 Project; and, WHEREAS, a contingency allowance in the amount of $100,000.00 was included in the above noted contract; and, WHEREAS, on December 22, 2016, the City Manager executed Change Order No. 1, in the amount of $1,800.00, to remove approximately seventeen (17) concrete footings which were encountered in the current area of excavation; and, to haul off and backfill with compacted select fill, thereby decreasing the contingency allowance to $98,200.00 and having no affect on the total contract amount of $7,409,783.00; and, WHEREAS, Change Order No. 2, in the amount of $33,180.00 is required to remove approximately 19,626 square feet of unstable subgrade soil located in the building foundation area, thereby decreasing the contingency allowance to $65,020.00 and having no affect on the total contract amount of $7,409,783.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby decreasing the contingency allowance by $33,180.00 for a total contingency allowance of $65,020.00 and having no affect on the total contract amount of $7,409,783.00 for the new Fire Station No. 1 Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - IC BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer ;/ MEETING DATE: January 10, 2017 REQUESTED ACTION: Council consider a resolution approving the assignment of sections I and II of a contract to Garden of Gethsemane Nursery & Landscaping for grounds maintenance for City parks and street triangles. BACKGROUND On January 12, 2016, Council awarded Gulf Coast L & L of Beaumont sections I and II of the contract for $100,140 and awarded Garden of Gethsemane Nursery & Landscaping of Beaumont sections III and IV of the contract for $190,746 based on lowest bids. This contract is divided into four (4) sections and provides for grounds maintenance for neighborhood parks and street triangles throughout the City. The contract is for one (1) year with the option of two (2) extensions of one (1) year each. The contract provides for mowing, trimming, trash removal, maintenance of landscaping plant materials and other functions. Maintenance takes place on a weekly basis during growing season and bi-weekly during non - growing season for the parks, and bi-weekly and monthly for the triangles. The contract is up for extension on January 31, 2017. Gulf Coast L & L is unable to accept the extension offered by the City. Garden of Gethsemane Nursery & Landscaping is the next lowest, responsible bidder for sections I and II, bidding a total of $124,608 for the two sections. This bidder has successfully provided the service for the entire contract in the past and is willing to accept the assignment. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. Grounds Maintenance and Litter Removal January 10, 2017 Page 2 TECHNICAL SPECIFICATIONS A. DEFINITIONS GROUNDS MAINTENANCE WORK AREAS SECTION I LOCATION ADDRESS ACREAGE PARKS: Combest Park 3395 Blackmon Lane 2.80 Gilbert Park 2813 Calder 2.07 Guseman Park 8150 Park North Drive 2.70 Halbouty Park 5780 Gober 6.04 Ida Reed Park Klein Park 2348 Louisiana 2.25 6530 N. Major Drive 11.81 Lefler Park 6755 Comstock Road 45.36 Wuthering Heights Park 3650 Delaware 19.95 TRIANGLES: 800 Ascot Triangle .12 500 Jay @ Hooks Triangle .06 400 Jay @ Kohler Triangle .44 1200 Oakcrest Triangle .033 TOTAL SECTION 1: ACREAGE — PARKS AND TRIANGLES 93.63 Grounds Maintenance and Litter Removal January 12, 2016 Page 3 Grounds Maintenance and Litter Removal January 10, 2017 Page 4 SECTION II LOCATION ADDRESS ACREAGE PARKS: Caldwood Park 250 E. Caldwood 2.50 Forest Park 380 Potter 2.50 Perlstein Park 8900 Landis 9.32 Rogers Park 1455 Dowlen Road 15.49 TRIANGLES: 5600 Calder R.O.W. Entrance .11 100 Central Caldwood Triangle .17 100 E. Caldwood Triangle .55 100 N. Caldwood Triangle .33 100 W. Caldwood Triangle .23 100 W. Circuit Triangle .02 400 Blk. S. Caldwood Triangle .37 200 Cross Triangle West .41 .14 700 Rankin Triangle TOTAL SECTION II: ACREAGE — PARKS AND TRIANGLES 32.14 Grounds Maintenance and Litter Removal January 10, 2017 Page 4 Grounds Maintenance and Litter Removal January 10, 2017 Page 5 SECTION III LOCATION ADDRESS ACREAGE PARKS: Babe Zaharias Park & Museum Grounds 1750 IH 10 E 26.97 Charlton Pollard Park 2025 Sabine Pass 3.54 Collier's Ferry Park 5390 Pine Street 1.59 Finished Mow 5.81 Tractor Mow Cottonwood Park 200 Cottonwood 2.58 Fletcher Mini Park 1090 Avenue C. .20 Jacobs Park 2320 Jacobs .50 Magnolia Park * (Includes grounds surrounding Sterling Pruitt Activity Center) * Commercial trash containers on Park grounds. 2855 Magnolia 16.85 Martin Luther King, Jr. Park MLK Pkwy & College St. 3.3 Pine Street Park 3410 Pine St. 8.64 Pipkin Patriot Park 1350 Pennsylvania 4.91 Roberts Park 2755 Avenue C. 2.07 Wiess Park 255 Magnolia 2.76 TRIANGLES: 2800 Arthur Triangle .18 1600 Avenue C. Triangle .14 1500 Burt @ Carroll Triangle .25 1200 Joachim @ Blanchette Triangle .14 4000 East Lynwood Triangle .17 2400 West Lynwood Triangle .17 Pecos Blvd. .64 1900 Royal @ Avenue F Triangle .006 2100 Royal @ Avenue G Triangle .14 TOTAL SECTION III: ACREAGE — PARKS AND TRIANGLES 81.56 Grounds Maintenance and Litter Removal January 10, 2017 Page 5 Grounds Maintenance and Litter Removal January 10, 2017 Page 6 SECTION IV LOCATION ADDRESS ACREAGE PARKS: Alice Keith Park 4050 Reed 14.14 Best Years Center 780S.4 TH Street 2.0 Central Park 640 Fourth 9.83 Chaison Park 1305 Harriot 2.1 Liberia Park 2305 011ie 4.25 McLean Park 2255 Pecos 2.75 New Public Health Department 3040 College St .71 Sprott Park (Includes turf area between ditch and street.) TRIANGLES: 4325 Usan 10 800 8th St. Triangle .10 Fannett & 11th St. Triangle .25 700 Harriot @ Kenneth Triangle .006 Highland @ Irving Triangle/ Island 2.0 1.6 Laurel @ Highland Triangle /Island 1500 Pipkin Triangle .04 .014 1700 Sarah @ Bob Triangle TOTAL SECTION IV: ACREAGE — PARKS AND TRIANGLES 49.79 Grounds Maintenance and Litter Removal January 10, 2017 Page 6 RESOLUTION NO. WHEREAS, on January 12, 2016, the City Council of the City of Beaumont, Texas, passed Resolution No. 16-010 awarding an annual contract, with two one-year optional extensions available to Gulf Coast L & L, of Beaumont, Texas, for grounds maintenance of City parks and triangles located in Sections I and II in the amount of $100,140 and to Garden of Gethsemane Nursery and Landscaping, of Beaumont, Texas, for grounds maintenance of City parks and triangles located in Sections III and IV in the amount of $190,746; and, WHEREAS, the contracts are up for extension on January 31, 2017 and Gulf Coast L & L is unable to accept the extension offered by the City; and, WHEREAS, City Council is of the opinion that the current contract with Gulf Coast L & L, of Beaumont, Texas, should be terminated and the remainder of the current contract, with two one-year optional extensions available, awarded to the next lowest bidder, Garden of Gethsemane Nursery and Landscaping, of Beaumont, Texas, in the original estimated amount of $124,608 for Sections I and II; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the current contract with Gulf Coast L & L, of Beaumont, Texas, for grounds maintenance of City parks and triangles geographically divided into Sections I and 11 is hereby terminated and the remainder of the contract, with two one-year optional extensions available, is awarded to Garden of Gethsemane Nursery and Landscaping, of Beaumont, Texas, in the original estimated amount of $124,608; and; BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Garden of Gethsemane Nursery & Landscaping, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - BEAUMONT T E X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 10, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition -Presentation from Entergy * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving Housing Tax Credit Projects at locations greater than %2 mile from a refinery capable of refining more than 100,000 barrels of oil daily 2. Consider a resolution authorizing the award of a bid to BDS Construction, LLC dba MK Constructors of Vidor for the Sanitary Sewer Manhole Rehabilitation Project 3. Consider a resolution approving the purchase of a fire truck 4. Consider a resolution approving a contract with The Lube Shop of Beaumont to provide preventive maintenance services for city vehicles WORK SESSION * Review and discuss the 2017 Housing Tax Credit Applications * Review and discuss proposed changes to the Code of Ordinances related to animal care 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: Ashley Scott v. City of Beaumont and Chief Anne Huff; Cause No. B-198,422 Brandy Springer, Hani Tohme, P.E., D.E., Frank Jackson, George Randle, Leonard Faulk, and Trent Thibodeaux v. City of Beaumont and CH2M Hill Engineers, Inc.; Cause No. B-198,469 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777. I January 10, 2017 Consider an ordinance approving Housing Tax Credit Projects at locations greater than % mile from a refinery capable of refining more than 100,000 barrels of oil daily BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 10, 2017 REQUESTED ACTION: Council consider an ordinance to allow Housing Tax Credit Projects at locations greater than 'h mile from a refinery capable of refining more than 100,000 barrels of oil daily. BACKGROUND In recent years, the city has invested substantially in the redevelopment of Downtown Beaumont. The latest project includes the new Best Years Center (BYC). As part of this effort, the city has attempted to encourage residential development, particularly senior developments near the new BYC. One possible development opportunity would be the use of Housing Tax Credits (HTC) to finance such a project. However, currently, the HTC rules, established by the Texas Department of Housing and Community Affairs (TDHCA), prohibit such projects if they are within two miles of a large refinery. Because of this rule, most of Downtown Beaumont is precluded from HTC project consideration. However, TDHCA does allow for variation from this rule if a local government has an ordinance specifically allowing a reduced distance from such a use. Attached is a proposed ordinance to remedy this issue, allowing an HTC project to be located on properties that are greater than '/z mile from a refinery. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. 1/5/2017 <<Prev Rule TITLE 10 ART 1 CHAPTER 10 SUBCHAPTER B RULE §10.101 Texas Administrative Code Next Rule>> Texas Administrative Code COMMUNITY DEVELOPMENT TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS UNIFORM MULTIFAMILY RULES SITE AND DEVELOPMENT REQUIREMENTS AND RESTRICTIONS Site and Development Requirements and Restrictions (a) Site Requirements and Restrictions. The purpose of this section is to identify specific requirements and restrictions related to a Development Site seeking multifamily funding or assistance from the Department. (1) Floodplain. New Construction or Reconstruction Developments located within a one -hundred (100) year floodplain as identified by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps must develop the site in full compliance with the National Flood Protection Act and all applicable federal and state statutory and regulatory requirements. The Applicant will have to use floodplain maps and comply with regulation as they exist at the time of commencement of construction. Even if not required by such provisions, the Site must be developed so that all finished ground floor elevations are at least one foot above the floodplain and parking and drive areas are no lower than six inches below the floodplain. If there are more stringent local requirements they must also be met. If no FEMA Flood Insurance Rate Maps are available for the proposed Development Site, flood zone documentation must be provided from the local government with jurisdiction identifying the one -hundred (100) year floodplain. Rehabilitation (excluding Reconstruction) Developments with existing and ongoing federal funding assistance from the U.S. Department of Housing and Urban Development (HUD) or U.S. Department of Agriculture (USDA) are exempt from this requirement. However, where existing and ongoing federal assistance is not applicable such Rehabilitation (excluding Reconstruction) Developments will be allowed in the one -hundred (100) year floodplain provided the local government has undertaken and can substantiate sufficient mitigation efforts and such documentation is submitted in the Application or the existing structures meet the requirements that are applicable for New Construction or Reconstruction Developments, as certified to by a Third Party engineer. (2) Undesirable Site Features. Development Sites within the applicable distance of any of the undesirable features identified in subparagraphs (A) - (K) of this paragraph may be considered ineligible as determined by the Board, unless the Applicant provides information regarding mitigation of the applicable undesirable site feature(s). Rehabilitation (excluding Reconstruction) Developments with ongoing and existing federal assistance from HUD, USDA, or Veterans Affairs ("VA") may be granted an exemption by the Board. Such an exemption must be requested at the time of or prior to the filing of an Application. Historic Developments that would otherwise qualify under § 11.9(e)(6) of this title (relating to the Qualified Allocation Plan) may be granted an exemption by the Board, and such exemption must be requested at the time of or prior to the filing of an Application. The distances are to be measured from the nearest boundary of the Development Site to the nearest boundary of the property or easement containing the undesirable feature, unless otherwise noted below. Where there is a local ordinance that regulates the proximity of such undesirable feature to a multifamily development that has smaller distances than the minimum distances noted below. then such smaller distances as a copy of the local ordinance identifyiniz such distances relative to the Development Site must be included in the Application. In addition to these limitations, a Development Owner must ensure that the proposed Development Site ana construction thereon comply with all applicable state and federal requirements regarding separation for safety purposes. If Department staff identifies what it believes would constitute an undesirable site feature not listed in this paragraph or covered under subparagraph (K) of this paragraph, staff may request a determination from the Board as to whether such feature is acceptable or not. If the Board determines such feature is not acceptable and that, accordingly, the Site is ineligible, the Application shall be terminated and such determination of Site ineligibility and termination of the Application cannot be appealed. https:lttexreg.sos.state.b(.uslpubliclreadtac$ext.TacPage?sl=R&app=9&p dir=&p rloc=&p tloc=&p—Ploc=&pg=1&p tac=&ti=10&pt=1&ch=10&rl=101 1/4 1/5/2017 Texas Administrative Code (A) Development Sites located within 300 feet of junkyards. For purposes of this paragraph, a junkyard shall be defined as stated in Transportation Code, §396.001; (B) Development Sites located within 300 feet of a solid waste or sanitary landfills; (C) Development Sites located within 300 feet of a sexually -oriented business. For purposes of this paragraph, a sexually -oriented business shall be defined in Local Government Code, §243.002, or as zoned, licensed and regulated as such by the local municipality; (D) Development Sites in which the buildings are located within 100 feet of the nearest line or structural element of any overhead high voltage transmission line, support structures for high voltage transmission lines, or other similar structures. This does not apply to local service electric lines and poles; (E) Development Sites located within 500 feet of active railroad tracks, measured from the closest rail to the boundary of the. Development Site, unless the Applicant provides evidence that the city/community has adopted a Railroad Quiet Zone or the railroad in question is commuter or light rail; (F) Development Sites located within 500 feet of heavy industrial (i.e. facilities that require extensive capital investment in land and machinery, are not easily relocated and produce high levels of external noise such as manufacturing plants, fuel storage facilities (excluding gas stations) etc.); (G) Development Sites located within 10 miles of a nuclear plant; (H) Development Sites in which the buildings are located within the accident zones or clear zones of any airport; (I) Development Sites that contain one or more pipelines, situated underground or aboveground, which carry highly volatile liquids. Development Sites located adjacent to a pipeline easement (for a pipeline carrying highly volatile liquids), the Application must include a plan for developing near the pipeline(s) and mitigation, if any, in accordance with a report conforming to the Pipelines and Informed Planning Alliance ("PIPA"); (J) Development Sites located within 2 miles of refineries capable of refining more than 100,000 barrels of oil daily; or (K) Any other Site deemed unacceptable, which would include, without limitation, those with exposure to an environmental factor that may adversely affect the health and safety of the residents and which cannot be adequately mitigated. (3) Undesirable Neighborhood Characteristics. (A) If the Development Site has any of the characteristics described in subparagraph (B) of this paragraph, the Applicant must disclose the presence of such characteristics in the Application submitted to the Department. An Applicant may choose to disclose the presence of such characteristics at the time the pre - application (if applicable) is submitted to the Department. Requests for pre -determinations of Site eligibility prior to pre -application or Application submission will not be binding on full Applications submitted at a later date. For Tax -Exempt Bond Developments where the Department is the Issuer, the Applicant may submit the documentation described under subparagraphs (C) and (D) of this paragraph at pre -application or for Tax - Exempt Bond Developments utilizing a local issuer such documentation may be submitted with the request for a pre -determination and staff may perform an assessment of the Development Site to determine Site eligibility. The Applicant understands that any determination made by staff or the Board at that point in time regarding Site eligibility based on the documentation presented, is preliminary in nature. Should additional information related to any of the undesirable neighborhood characteristics become available while the full Application is under review, or the information by which the original determination was made changes in a way that could affect eligibility, then such information will be re-evaluated and presented to the Board. Should staff determine that the Development Site has any of the characteristics described in subparagraph (B) of this paragraph and https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p dir=&p rloc=&p tloc=&p_ploc=&pg=1&p_tac=&ti=10&pt=1&ch=10&rl=101 2/4 ORDINANCE NO. WHEREAS, Texas Administrative Code, Title 10, Part 1, Chapter 10, Subchapter B, Rule §10.101(a)(2) provides that development sites located within two (2) miles of refineries capable of refining more than One Hundred Thousand (100,000) barrels of oil daily are considered to be undesirable sites causing a development to be ineligible for consideration; and, WHEREAS, the City Councils finds that such restriction would preclude from consideration the development of desirable locations within the City of Beaumont; and, WHEREAS, the Texas Administrative Code recognizes that where a local ordinance which allows the proximity of a multi -family development to an undesirable feature which is smaller than the two (2) mile minimum distance proscribed by the code, such smaller distance may be used; and, WHERAS, the City Council finds that it is in the best interest of the citizens of the City of Beaumont that development sites should not be located any closer than one-half mile of refineries capable of refining more than One Hundred Thousand (100,000) barrels of oil daily; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT a multi -family housing development shall not be located within a one-half mile distance of a refinery capable of refining more than One Hundred Thousand (100,000) barrels of oil daily. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - 2 January 10, 2017 Consider a resolution authorizing the award of a bid to BDS Construction, LLC dba MK Constructors of Vidor for the Sanitary Sewer Manhole Rehabilitation Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director -7-4 MEETING DATE: January 10, 2017 REQUESTED ACTION: Council consider a resolution authorizing the award of a bid to BDS Construction, LLC dba MK Constructors of Vidor, Texas in the amount of $1,097,857.00 for the Sanitary Sewer Manhole Rehabilitation Project. BACKGROUND The project will rehabilitate the existing sanitary sewer manholes within the Calder, East Lucas, Folsom, Dowlen, and North Trunk Interceptors. These manholes require maintenance to eliminate the inflow and infiltration of rain water into the sanitary sewer collection system. The engineer's estimated cost for the project was $1,100,000. On Thursday, December 8, 2016, bids were solicited for furnishing all labor, materials, equipment and supplies for the project. One (1) bid was received as follows: Contractor Location Bid �—�MConstructors Vidor, Texas $1,097,857.00 On December 14, 2016, the City's engineering consultant, Schaumburg & Polk, Inc., of Beaumont, Texas, provided the City with a letter recommending award to BDS Construction, LLC dba MK Constructors. Water Utilities is in agreement with the consultant's recommendation. The MBE participation will be with T. Gray Utility of Cypress, Texas, for $511,008.00, which represents 46.55 percent of the total bid. A total of 120 calendar days are allocated for the completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. :SCHAUMBURG i!y. POLK,INC. BEAUMONT ' HOUSTON " TYLER December 14, 2016 Mr. Jason K. Shackelford Assistant Public Works Director City Of Beaumont 1350 Langham Road Beaumont, Texas 77707 Re: City of Beaumont Sanitary Sewer Manhole Rehabilitation Project WU1017-02 Dear Mr. Shackelford, Based on a review of the bids received December 8, 2016, and the qualifications of the low bidder, it is our recommendation that the above referenced project be awarded to BDS Constructors LLC dba MK Constructors in the amount of $1,097,857.00. See attached Bid Tabulation. Sincerely, SCHAUMBURG & POLK, INC. Nestor [ a.rroeta Project Engineer CC: Mr. Joseph Majdalani, P.E. — City of Beaumont Ms. Amalia Villarreal, P.E. —City of Beaumont City of Beaumont SPI No. —1156 F:1B"1156 - MH Rehab%Bidding\ROA WU1017-02.doc 12/15/16 8865 College Street 1 Beaumont, Texas 77707 www.spi-eng.com 1 409.866.0341 P 1 409.666.0337 F BID TABULATION CITY OF BEAUMONT SANITARY SEWER MANHOLE REHABILITATION PROJECT W U 1017-02 BID OPENING DATE:December 8.2017: 2:ODnm d@Rid Opening DocumcntsAid Tabulation 12/14/2016 6:32 AM Page 1 RDS Constructor dba MK Constructors Item Qty Unit Description 16736 1]110 Vidor77662 Unit Price Item Total 1. I LS MOBILIZATION, including payment bond, performance bond, insurance, and moving equipment to project, all in strict conformance with plans, contract $31,000.00 $31,000.00 documents and specifications, NOT TO EXCEED 3% OF TOTAL PROJECT BID, for 2. 7 EA BRICK MH REHABILITATION, including chemical grouting outside manhole, seal annular space between carrier pipe and liner pipe of main trunk lines, and line entire manhole with cementitious mortar, all in strict accordance with the $7,500.00 $52,500.00 plans, contract documents and specifications for 3. 5 EA COMBINATION MH REHABILITATION, including chemical grouting outside manhole, seal annular space between carrier pipe and liner pipe of main trunk lines, and line the brick or concrete portion of manhole with cementitious mortar, $6,000.00 $30,000.00 all in strict accordance with the plans, contract documents and specifications for 4. 102 EA FIBERGLASS MH REHABILITATION, including seal annular space between carrier pipe and finer pipe of main trunk lines, and line the manhole invert with cementitious mortar, all in strict accordance with the plans, contract documents $4,441.00 $452,982.00 and specifications for 5. 40 EA PRECAST CONCRETE MH REHABILITATION, including chemical grouting outside manhole, seal annular space between carrier pipe and liner pipe of main trunk lines, and line the manhole invert with cementitious mortar, all in strict $6,570.00 $262,800.00 accordance with the plans, contract documents and specifications for 6. 40 EA SEAL gap around incoming service line in fiberglass manhole by injecting chemical grout around the service line, all in strict accordance with the plans, $225.00 $9,000.00 contract documents and specifications for 7. 15 EA REPAIR fiberglass manhole wall, including chemical grouting outside manhole, and line entire manhole with cementitious mortar, all in strict accordance with the $7,000-00 $105,000.00 plans, contract documents and specifications for 8. 10 EA REPAIR precast concrete manhole wall, including lining entire manhole with cementitious mortar, all in strict accordance with the plans, contract documents $3,250.00 $32,500.00 and specifications for 9. 5 EA RESET manhole ring, all in strict accordance with the plans, contract documents and specifications for $400.00 $2,000.00 10. 30 LF REMOVE & REPLACE damaged service line, including excavating and removing damaged pipe, installing new PVC, backfill, surface restoration, all in $80.00 $2,400.00 strict accordance with the plans, contract documents and specifications for 11. 2 EA REPLACE existing manhole, including removing existing manhole, furnish and install 48" fiberglass manhole, all depths, complete in place, including connections to sewer lines, ring and cover, labor, associated materials and fittings, excavation, cement stabilized backfill, bedding, all in strict accordance $24,500.00 $49,000.00 with plans, contract documents and specifications for 12. 35 EA RAIN STOPPER, furnish and install stainless steel rain stopper under manhole cover, all in strict accordance with the plans, contract documents and $205.00 $7,175.00 specifications for 13. 1 LS TRAFFIC CONTROL PLAN, furnish a Traffic Control Plan for the project prepared, signed and sealed by a Registered Professional Engineering in the State of Texasincludng providing, all in strict accordance with the plans, contract $3,500.00 $3,500.00 documents and specifications for 14. 1 LS TRAFFIC CONTROL, implementation of the Traffic Control Plan, all in strict accordance with the plans, contract documents and specifications for $8,000.00 $8,000.00 d@Rid Opening DocumcntsAid Tabulation 12/14/2016 6:32 AM Page 1 BID TABULATION CITY OF BEAUMONT SANITARY SEWER MANHOLE REHABILITATION PROJECT WU1017-02 RID OPENING DATE:Decembcr 8,2017; 2:00pm Item Qty Unit Description BUS Constructor dba MK Constructors 16736 U910 Vidor77662 Unit Price Item Total 15. I ALLOW MISCELLANEOUS REHABILITATION, furnish all labor, materials, and equipment to perform all miscellaneous rehabilitation work, as directed by the Owner, all in strict accordance with the plans, contract documents and specifications for $50,000.00 $50,000.00 TOTAL $1,097,857.00 BID AND ADDENDU, YES BID SCHEDULE YES BID SUMMARY YES CORPORATE RESOLUTION YES BID BOND YES INFORMATION REQUIRED OF BIDDER YES CONFLICT OF INTERST QUESTIONNAIREJ YES STATEMENT OF CITY CHARTER PROVISION ON CONFLICT OF INTEREST YES INSURANCE VERIFICATION AFFD)AVITI YES WE SCHEDULE ClYES The Bid Proposals submitted have been reviewed, and to the best of my knowledge this is an accurate tabulation of the Bids received. Mom, OF * :* .......................... JEFFREY G. BEAVER 60676 GIs . •...... �CQi i; df:Bid Opening DocumentsBid Tabulation 12/14/2016 8:32 AM Page 2 �y-_l4s elm EAST LUCAS EAST Lucas - _ _ _ -_ �✓ FOLSOM INTERCEPTOR i LJI CIL�� r� it it Q i rr,�_�( ULDIF LJ voLsoM OR r--T- 17' e Y 1 1"M _ Ll_ - N TRUNK � INTERCEPTOR lC� �] L INTER][]L1 C1u � 1�� _ _-- y. ?�___- _F�r�7v[j1 Cl t CC�]QC]C� �LtC_� . DOtlYLEN I x[ ' Jl n�L Q Qa 1,1 �� T M� =:b-- INTERCEPTOR i 1 -��1L ,fit }Qi [3 rj �U 31 JLJ tn , �'f s,'k CALDER INTERCEPTOR It Chi 7'��j� r--� L_1 •� { � I 44110 124 VICINITY MAP - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to BDS Construction, LLC d/b/a MK Constructors, of Vidor, Texas, in the amount of $1,097,857.00 for the Sanitary Manhole Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with BDS Construction, LLC d/b/a MK Constructors, of Vidor, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - 3 January 10, 2017 Consider a resolution approving the purchase of a fire truck BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 10, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of a fire truck. BACKGROUND A Velocity pumper truck will be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $691,000. The new unit will replace Unit 7031, which is a 1990 KME/Spartan pumper truck with 7,603 hours. It has exceeded its expected service life. The new pumper truck will be designated as Engine 8 and will be housed at Station 8 located at 6297 Highway 105. The existing unit will be disposed of according to the City surplus property policy. Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Manufacturer's warranty for the truck is twelve (12) months. Delivery is expected within ten (10) to eleven (11) months. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) 2017 Velocity pumper fire truck for use by the Fire Department from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $691,000.00 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - El January 10, 2017 Consider a resolution approving a contract with The Lube Shop of Beaumont to provide preventive maintenance services for city vehicles BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer .4 MEETING DATE: January 10, 2017 REQUESTED ACTION: Council consider a resolution approving a contract with The Lube Shop of Beaumont, TX, to provide preventive maintenance for city vehicles. BACKGROUND Bids were requested for an annual contract to provide preventive maintenance services such as oil changes, tire checks, fluid checks and grease checks. Preventative maintenance services for approximately one hundred (100) police patrol units are currently required every thirty (3 0) days. Preventative maintenance services for approximately four hundred fifty (450) other city vehicles are currently required every ninety (90) days. Specifications allow for a one (1) year contract with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract. The Lube Shop submitted the only qualified bid in the approximate amount of $176,930.52 based on the same service intervals and quantity of oil used currently which represents an approximate 25% increase over the previous contract. The bid tab did not include the cost of other services which are less frequently used than oil changes. The increase in price is due to the request for synthetic oil as opposed to conventional oil. However, with the use of synthetic oil as opposed to conventional oil the City should be able to reduce the service intervals, quantity of oil used and related maintenance costs associated with the city vehicles resulting in further savings for the city. Bids were requested from seven (7) vendors with three (3) responses. The lowest bidder was Johnson Xpress Lube, which did not meet bid specifications by not signing the bid document. The bid package specifically states in bold letters that a signature is required for the bid to be accepted. Beaumont Frame & Front End submitted a bid but did not list any prices for services which were specified in the bid package. The Lube Shop, who is the current holder of this contract, submitted the only qualified bid. Bid tab is attached. FUNDING SOURCE General Fund, Water Utilities Fund and Solid Waste Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract for automotive preventive maintenance for city -owned vehicles; and, WHEREAS, The Lube Shop, of Beaumont, Texas, submitted a qualified bid for an estimated total annual expenditure of $176,930.52 in the unit amounts shown on Exhibit 'A" attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by The Lube Shop, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by The Lube Shop, of Beaumont, Texas, for an annual contract for automotive preventive maintenance for city -owned vehicles for an estimated total annual expenditure of $176,930.52 in the unit amounts shown on Exhibit "A" be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with The Lube Shop, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2017. - Mayor Becky Ames - BEAUMONT - I& x A& BId Name: Bld Number: Bid Opening: Contact Person: PART I - SERVICE CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION BID TABULATION ANNUAL CONTRACT FOR AUTOMOTIVE PREVENTIVE MAINTENANCE CF1117-04 Thursday, December 8, 2016 @ 2:00 PM Cynthia Miller cmillerCd beaumonttexas.aov Phone: 409-880-3757 Vendor The Lube Shop **Johnson Xpress Lube Beaumont Frame & Front End City / State Beaumont Beaumont Beaumont Phone No. (409)842-9585 (409)861-3641 (409)842-5023 Part I Est. Monthly Unit Extended Unit Extended Unit Extended Vehicle Type Qty. Price Price Price Price Price Price Automobiles, pickups and vans, includes 5 quarts of oil 65 $35.75 $2,323.75 $22.99 $1,494.35 n/a Automobiles, pickups and vans, includes 6 quarts of oil 110 $39.40 $4,334.00 $26.99 $2,968.90 n/a GM Automobiles, Pickups, Vans, and SUVs from 2011 and newer, includes 6 qts of Dexos 1 licensed oil. 40 $42.40 $1,696.00 549.99 $1,999.60 n/a Diesel Pickup Trucks, includes 10 quarts of oil 10 $65.10 $651.00 $44.99 $449.90 n/a Power Stroke Diesel Pickup Trucks, includes 13 quarts of oil 20 $86.88 $1,737.60 :59.99 $1,199.80 n/a Power Strock Diesel pickup Trucks, includes 15 quarts of ail 40 $93.40 $3,736.00 $64.99 $2,599.60 n/a Generators, Onan 5500 Oil change, includes 2 quarts of oil 1 14 $18.99 $265.86 $22.99 $321.86 n/a Total per Month $14,744.21 $11,034.01 $0.00 Total per Year $176,930.52 $132,408.12 $0.00 F— _m X LLJ ** Vendor did not meet specifications No Response: P&M Texaco, Pit Stop, Eastex Automotive, Valvoleen Express The Lube Shop **Johnson Xpress Lube Beaumont Frame & Front End Beaumont Beaumont Beaumont Automatic Automatic Automatic Automatic Automatic Automatic Transmission Transmission Air Filter Fuel Filter Transmission Transmission Air Filter Fuel Filter Transmission Transmission Air Filter Fuel Filter PART II - PARTS Service/Pan Drop Service/Flush Service/Pan Drop Service/Flush Service/Pan Drop Service/Flush 2007-2012 Ford Crown $64.99 $79.99 $5.49 $21.99 $149.99 $199.99 $14.99 $34.99 Victoria 4.6 Liter VS Gasloline n/a n/a n/a n/a 2009- Present Ford Fusion, 3.8 liter V6 Gasoline N/A N/A N/A N/A 5129.99 (99.99 $15.99 $29.99 n/a n/a n/a n/a Ford F Series Pickup, 5.0 Liter Gasoline $64.99 $79.99 $5.49 $21.99 $129.99 $99.99 (16.99 $29.99 n/a n/a n/a n/a Present, GM SUV, 5.3 Liter, Gasoline $74.99 $79.99 $13.49 $26.99 $169.99 $199.99 $16.99 n/a n/a n/a n/a n/a - or eves Pickup, 6.0 Liter, Power $84.99 $89.99 $63.99 $37.99 $262.99 $369.99 $77.99 $47.99 n/a n/a n/a n/a 2006-2015 Ford F & E Series, S79.99 $79.99 $10.99 $21.99 $219.99 $219.99 $19.99 $34.99 _ 5.4 Liter Gasoline n/a n/a n/a n/a Pickup, 6.4 Liter V8, $84.99 $89.99 $74.99 $37.99 $262.99 $369.99 $74.99 562.99 Power Stroke Diesel n/a n/a n a n/a Trucks 6.7 Liter Power Stroke $84.99 $89.99 $16.99 537.99 $293.00 $369.99 $54.99 $62.99 n/a n/a n/a n/a Diesel 99b-ZUUI Fordeves Pickup, 7.3 T -V8 Power $69.99 $89.99 $16.99 $41.99 $189.99 $189.00 $24.99 $59.99 n/a n/a n/a n/a Stroke, Diesel Automatic Transmission Fluid per quart, DEXRON VI $4.75 $9.99 n/a Automatic Transmission Fluid per quart MERCON LV $4.75 $9.90 $4.24 n/a n/a Engine Oil per additional quart above standard crankcase capacity $4.75 Percentage discount of filters not listed 20% 10% YES n/a n/a Does your facility offer State Inspections? YES Radiator Flush- 1 gal Dexcool w/flush ($19.99 + $24.99 labor) $43.99 n/a n/a Radiator Flush - 1 gal green w Flush ($14.99 + $24.00 Labor) $38.99 $89.99 $124.99 n/a n/a 3Ste Fuel In'ection Service $59.99 m s ie per u rame replacements an 417.99 n/a ONLY,BOSCH, RAINX - Windshield Wiper Full Frame replacements 16"- 18". ANCO, BOSCH, RAINX ONLY. 55.00/ea n/a n/a n/a n/a Windshield Wiper Full Frame replacements 19"-21". ANCO, BOSCH, RAINX ONLY. $6.00/ea Windshield Wiper Full Frame replacements 22". ANCO, BOSCH, RAINX ONLY. $7.00/ea n/a n/a Windshield Wiper replacements 16", 19", 19", 10" and 22'. GM vehicles 2011 and newer ad all other verhicles that use frameless er blades. - (45.99 n/a WindshieldWiper replacements 16"-20-. GM vehicleswi 2011 and newer ad all other verhicles that use frameless wi er blades. $1 5.99/ea $45.99 n/a WindshieldWiper replacements 12"-28 . GM vehicles 2011 anEl newer ad a7F other verhicles that use frameless wiper blades. N/A $45.99 1 n/a Replacement Fuel Tank Cap $9.99 $17.99 n/a ** Vendor did not meet specifications No Response: P&M Texaco, Pit Stop, Eastex Automotive, Valvoleen Express WORK SESSION Review and discuss the 2017 Housing Tax Credit Applications BEAUMONT TEXAS TO: Kyle Hayes, City Manager C )rj FROM: Chris Boone, Planning & Community Development Director DATE: January 6, 2017 RE: 2017 Housing Tax Credit (HTC) Applications Attached is a list of the proposed Housing Tax Credit (HTC) applications in Beaumont and Beaumont's extraterritorial jurisdiction (ETJ) for 2017. As you are aware, the Texas Department of Housing and Community Affairs (TDHCA) awards an annual allocation of funds for subsidized housing. The process is competitive and each application is graded on a variety of factors, defined by TDHCA. As has been the case in some of the previous years, because Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits, the developers must obtain approval from the City of Beaumont before applying. In addition to a resolution acknowledging this fact, developers are also asking for resolutions supporting their projects in order to gain additional points during the scoring process. Please note that Herman & Kittle, the developer for the proposed "Old Dowlen Cottages" is requesting that each developer be allowed to present their requests directly to the City Council. In addition, Herman & Kittle is requesting that their proposal be heard at a meeting separate from the other applicants. The deadline for application to TDHCA for each project is March 1, 2017. As always, it is important to adhere to Fair Housing laws and policies in the consideration of these requests. If you need any additional information or clarification, please do not hesitate to contact me. Proposed 2017 MTC Tax ProJects Development Name Location Ward Size & Type Developer Name Contact Planning Review Required? Heritage Oaks N side of Hwy 105, east of 1 104 Units --Senior Limited National Inter -Faith Foundation Daniel Allgeier No Major (NIF) Old Dowlen Cottages 4167 Old Dowlen, adjacent 1 84 Units --Senior Herman & Kittle Teresa Bowyer No to Cypress Place Preference (9 Market) Concord Homes 2020 Cottonwood 3 100 Units --(49 Public; 51 Beaumont Housing Authority Robert Reyna No Family) West Oak Crossing 8550 Phelan (NW corner of 2 104 Unit -Family (some Provident Realty Mark Feaster No Phelan and Major) market rate) "MLK" 208 S. MLK 3 Unknown Provident Realty Mark Feaster Yes -REZONE "Lumberton" Hwy 69, Lumberton N/A 100 Family Units Brownstone Stedman Grigsby No-ETJ "Walden" NW Corner of 1-10 and 2 76 -Senior Limited (54 Brownstone Stedman Grigsby Yes -REZONE Walden Rd low; 22 Market) "College" 5945 College 2 Unknown ITEX Clark Colvin Unlikely (if all within GC -MD) "Phelan" 8550 Phelan (NW corner of 2 Unknown ITEX Clark Colvin Unlikely (if all Phelan and Major) within GC -MD) "Odom" Near Odom School 4 Unknown ITEX Clark Colvin Unknown WORK SESSION Review and discuss proposed changes to the Code of Ordinances related to animal care DR CAF 147 hot yo r�� 4t ARTICLE 4.01 GENERAL PROVISIONS -C041, Y Sec. 4.01.001 Local health authority designated The City Animal Care Manager eentrel-supervise will be designated as the local health authority for the purpose of this Chapter. Immediately Mn intake at the Animal Care Facility, the Animal Care Manager shall be considered the designated caretaker of the animal for purposes of examinations, care, or disposition if necessar. His duties will be to enforce all city and state laws pertaining to the control of animals within the City. Any reference to the Animal Care Manager will include his designee, any animal care officers or law enforcement officer of the QW. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 06-048, sec. 3, adopted 8/22/06; 1978 Code, sec. 5-15) A Sec. 4.01.002 Office of animal control supervisor established; duties; enforcement (a) The Animal Care Manager anifna4 eefafel effieer-, an"f my �i e e e- e f the eiry shall have the authority to issue citations and file charges in_y court of competent jurisdiction muaieipa4-eek for any violation of this Chapter and any other power or duty stated within the terms of this Chapter. (b) It shall be unlawful for any person to knowingly prevent, interfere with, or obstruct the Animal Care Manager eeiAFel sup aima4 eefAfel effieer-, an"r- any law enfervement e€€eeF in the performance of his fiber duties. It shall be unlawful for any person to fail to comply with any lawful order of the Animal Care Manager , (c) The Animal Care Manager, anti ' fees ent ,.' :.e_ has the authority to enforce any and all provisions of this Chapter. (d) The City shall be entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of federal, state or local law. (Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-42) 'FA Sec. 4.01.003 Abatement and imminent threat; right of entry (a) The Animal Care Manager w -e' e d law eafeFeemefi4 offieer-s shall have the power to impound animals that create an animal nuisance per se for the purpose of abating a nuisance and in cases where he has they -Dave reason to believe an animal has been or is being cruelly 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) He 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 e€fieeF Animal Care Manager has the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this Chapter. (Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-38) '%A See. 4.01.004 Immediate euthanasia authorized (a) The Animal Care Manager , the animal , is authorized to kill a 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 reasonably cause the Animal Care Manager eentr-el sepefviseF to believe that the animal presents a serious risk to the health or safety of the public; (3) Circumstances exist which reasonably cause the Animal Care Manager eentml supeFviseF to believe that the animal presents a serious risk to the health or safety of the animal population of the City Animal Care Facility skeheF or the animal population of the City. (b) The Animal Care eewfel division may euthanize or release to a bona fide rescue entity or individual any impounded animal immediately upon declaration of evacuation of the City due to natural or man-made disasters; any quarantined animals will be handled on a ease by at the discretion of the Animal Care Manager, e�eryiser, who is authorized to do one of the following: (1) Euthanize any quarantined animal, remove the head or brain of the animal and submit it to the nearest Texas Department of State Health Services laboratory for testing for of rabies; (2) Release the quarantined animal to the owners, requiring the return of said animal upon request.: (Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-41) 2 q Sec. 4.01.005 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 Animal Care Manager the4eeal health autherity to euthanize,destre� , or cause to be euthanizedsuch 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-3) f+ Sec. 4.01.006 Previous convictions If a person has been previously convicted of an offense under this Chapter, a subsequent conviction shall be punishable by a fine of not less than two hundred dollars ($200.00) but not more than five hundred dollars ($500.00). (Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-43) 4h Sec. 4.01.007 Sale of animals 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-2) ft Sec. 4.01.008 Selling or displaying animals in certain places; 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. (Ordinance 06-048, secs. 1, 2, adopted 8/22/06; 1978 Code, sec. 5-2.1; Ordinance 07-014, sec. 1, adopted 2/13-07) * Sec. 4.01.009 Kennels (a) Commercial kennels generally, dog and cat fanciers permit (1) Commercial kennel. (A) The words "commercial kennel" shall mean any lot, building, structure, enclosure or premises 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 permitlieense from the Animal Care division.eivf4wakh dem. For the purposes hereof, the breeding and sale of the litter of animals 3 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 permit heexse, only one (1) litter from animals kept as household pets or one (1) !Wer- fFefn animals e fa he!ei.,f a dog and cat fancier's permit shall be allowed on premises at any given time. (B) Suchpermitheense 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 4. 10.001 of the Code of Ordinances. The fee shall be due and payable in advance on or before January 1 of each year. No kennel rmitlieense shall be issued or renewed until an inspection certificate hassles have been issued by the health deparalnent giving evidence that a sanitary inspection of the premises has been made by the Animal Care division eat of of the City. The ermitheeHse issued shall specify the maximum number of animals permitted to be kept, handled or exhibited by the .permit holder.lieexsee. It shall be unlawful for the permit holderheensee to keep, handle or exhibit any number of animals in excess of the maximum specified on the rmit.l-ieense. All applicants for a kennel permitheense with the City, if required by state statute to be licensed by a state agency, the pplicant must have a valid license issued by said agency to qualify for a permit heensewe by the City. The possession of a state license shall not in itself assure that a city permitheense will be granted. (C) Should the Animal Care Manager believe a commercial kennel permittedheensed 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 Animal Care Managerheelth auth may provide written notice to the permit holder , jr 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 Rermit4eense and provide an effective date of such Iieense permit 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 permitlieense desire to appeal the decision of the Animal Care Managerheakh 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 Animal Care Manager he&M atAher-ity shall convene the Animal CareheakhAdvisory Committee to hear the appeal. The decision of the Animal Care heakhAdvisory Committee shall be final concerning revocation or non -revocation of the commercial kennel permit.heense. 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 ermitlieense shall continue in full force and effect until a decision is made. 4 (D) This section shall not apply to and will not be construed to require a commercial kennel permit heense for: (i) A veterinary hospital operated by a licensed veterinarian which retains animals for veterinary medical care; (ii) A bona fide publicly or privately owned zoological park; (iii) A bona fide research institution using animals for scientific research; (iv) A publicly owned animal shelter. (E) A certificate shall be issued by the Animal Care divisionh alth depeftme to the person paying for a commercial kennel ermitheen-se, 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. (F) The Animal Care divisio-depaitdnent ef health shall keep a permanent record of all commercial kennel permitsheexses issued under the terms of this section, which record shall show the name and address of persons being issued a kennelpermitheeese, the name and address of the kennel, the number of the commercial kennel permitheer-se, the date issued and the amount paid dierefe . (2) Permit, dog and cat fancier. (A) The words "dog and cat fancier's premises" shall mean any lot, building, structure, enclosure or other premises where nine 9 five (5) or more dogs and/or cate, each over the age of four (4) months, , eaeh ever- the age VL 1V W \Tl months, eats, eaeh ever- the age are kept, harbored or maintained: (i) For showing in recognized dog shows, obedience trials, or field trials. (ii) For working and hunting. (iii) For exhibition in shows and trials. (iv) For household pets. (B) No person may operate a dog and cat fancier's premises without first having obtained a valid permit from the Animal Care division. . A person may apply for a permit for a dog and cat fancier's premises prior to purchase of such premises; 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: 5 (i) That the animals will not create nuisance conditions for adjoining or nearby properties; (ii) That all animals will be securely confined to the property; (iii) That adequate methods for sanitation and sewage disposal are provided; (iv) A list of all animals by number, breed, sex, age, and color. (C) 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) percent of the yard area. (E) The applicant shall pay to the City a nonrefundable fee of two hundred dollars ($200.00) at the time the application is submitted. If eljeefiens- to issumee ef the- pe it are netzeeeTved-and-the application is mise acceptable to the Animal Care Mana e1he the permit shall be granted for a one -W -year period; otherwise the permit shall be denied. Appeals of denials will be handled in accordance with the provisions of subsection (G) of this subsection. (F) Permits will be issued for ones year periods and must be renewed annually by payment in accordance with section 4.10.001. 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 Animal Care Manager health autheFity shall inspect the premises to assure compliance with this section. 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. R (G) Permits may be revoked by the Animal Care Manager -Animal Serviees Manager heaft authority or- i4shis 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 Animal Care Manager �eedth 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 Animal Care Manager13eeAth au4herit-y shall convene the Animal CarehealdiAdvisory committee to hear the appeal within fourteen (14) days. The decision of the Animal Care 1AdvisoryCommittee shall be final. (b) Structure requirements, feeding, watering and sanitation. (1) General structure. (A) 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. (B) Water and electric power. Reliable and adequate electric power, if required to comply with other provisions of this section, and adequate potable water shall be available. (C) 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. (D) 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. (E) Washrooms and sinks. Facilities for personal hygiene, such as washrooms, basins or sinks, shall be provided for employees. (2) Indoor facilities. (A) Heating. Indoor housing facilities shall be sufficiently heated when necessary to protect the animals. (B) 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. 7 (C) 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. (D) Interior surfaces. The interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized. (E) 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 the room. (3) Outdoor facilities. (A) Outdoor holding facilities shall be of adequate size and construction to handle any animal housed therein. (B) Adequate shelter shall be provided to protect animals from any form of overheating or cold or inclement weather. (C) 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. (4) Primary enclosures. Primary enclosures shall: (A) Be structurally sound and maintained in good repair. (B) Provide convenient access to clean food and water. (C) Enable the animal to remain dry and clean. (D) Be constructed so as to protect the animal's feet and legs from injury. (E) Provide sufficient space to allow each animal to turn around fully, stand, sit and lie in a comfortable, normal position. (5) Feeding. (A) 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. 8 (B) 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. (6) Watering. (A) 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. (B) Watering receptacles shall be kept clean and sanitary. (7) Sanitation. (A) 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. (B) Sanitation of primary enclosures. Cages, rooms and pens shall be maintained in a sanitary condition. (C) Building and premises shall be kept clean. (D) A regular program for the control of insects, ectoparasites, and other pests shall be established and maintained. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 86-16, sec. 1, adopted 2/25/86; Ordinance 91-69, sec. 1, adopted 9/3/91; 1978 Code, secs. 5-17, 5-17.1) Sec. 4.01.010 Number of animals allowed per residence (a) The maximum number of adult dogs and/or cats allowed at any residence is eight (8)_ AM combination of dogs and/or cats in excess of eight 8) with the exception of dogs or cats younger than four (4) months old, will constitute a violation. (b) This provision does not apply if - (1) f (1) The individual has a commercial kennel permit or a dog and cat fanciers permit,• or (2) The individual is registered as a bona fide rescue entity or foster family: in which case the maximum number allowed would be ten (10) adult dogs and/or cats in any combination. 0 4 Sec. 4.01.011 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 canine species 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-18) ft Sec. 4.01.012 Dead animal disposal (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 means the exposure of the carcass of an animal so that putrefying odors may escape and contaminate the air. (b) Such person or persons shall cause the carcass of such animal or fowl to be disposed of as follows: (1) Putting the carcass in tied, double plastic bags and placing at the edge of the driveway, close to but not on the roadway; (2) Phening Calling the Animal Care division een#el upon immediate discover of the dead animal 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. (AI_Any animal weighing 8012ounds or more must be disposed of by the owner or persons in possession of said dead animal. (Ordinance 06-048, secs. 1, 2, adopted 8-22-06; 1978 Code, sec. 5-16; Ordinance 07-014, sec. 5, adopted 2/13/07) 4K Sec. 4.01.013 Fee for picking up dead animals from veterinarian In accordance with section 4.10.001. a fee will be charged for each trip made by the Animal Care division leeal health authority to pick up twe (2) dead animals from veterinarians. The fees The Humane Society shall be exempt from the payment of these fees. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-27) 10 ft ARTICLE 4.02 CARE AND TREATMENT* S Sec. 4.02.001 General care and 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 a sufficient amount and We of food suitable for the species size and ase of the animal and in a quantity for the animal to maintain a healthy body condition and wellness. (2) Fails to provide clean, potable water that is available at all times. The water container shall be affixed in a way that prevents the animal from knocking it over. (3) Cruelly confines an animal or forces, allows, or permits any animal to remain in its own filth and/or waste; (4) 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 Act by a licensed veterinarian; (5) Uses any steel jawed, killer -type, toothed trap designed in such a fashion as to reasonably 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; (6) Instigates or permits any dog fight, cock fight, bullfight, or other combat between animals or between animals and humans; (7) Leaves any animal unattended in any vehicle in such a way as to endanger the animal's health, safety, or welfare; (8) Throws or allows an animal to jump from a moving vehicle in a manner likely to injure the animal; or (9) Ties or tethers a dog or other animal to a stationary object for gMa 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. If an animal is tied or tethered, it must have an appropriate swivel attached to the chain or cable: (10) Fails to provide adequate shelter. Dogs shall have protection from the elements and weather conditions suitable for the age species and physical condition of the doh so as to maintain the do in 'n a good state of health. Shelter shall consists of one the following: 11 (A) A dog house that is enclosed with at least three (3) sides a roof and a floor which is not the ground. (B) A structure, including, but not limited to, a garage barn or shed that is to protect the dog from exposure. This structure shall be secured in such a way as to offer the animal protection from the sun and rain. (C) The interior height and width of such structure is six (6) inches or more in excess of the length of the dog as measured from its nose to the base of its tail. (Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-39) 4L Sec. 4.02.002 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 the Animal Care ManWer eentfel has been granted. However, nothing in this Chapter shall prohibit the Animal Care Managereefftfel effieer- 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 otherwise tamper with a trap or equipment belonging to or set out by the Animal Care eentrel division. (Ordinance 06-048, sec. 2, adopted 8/22/06; 1978 Code, sec. 5-40) 4► Sec. 4.02.003 Abandoning or dumping animal in city (a) It shall be unlawful for any person to abandon, forsake or dump any dog, cat or other animal within the City for any reason. (b) The term "abandon" 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. 4.02.004 Safety of animals in motor vehicles La) A person may not transport an animal in a motor vehicle on a public roadway unless: (1) The animal is safely enclosed within the vehicle: or (2) If the animal is transported in an unenclosed vehicle, including a convertible pick- up truck, flatbed truck, or motorcycle, the animal shall be confined in a secure and appropriately sized and vented container or confined in a manner that prevents the animal from falling_ jumping, or being thrown from a vehicle or otherwise being injured 12 (b) A person may not keep an animal in a motor vehicle or other enclosed space in which the animal's health or life is endangered by high temperature low temperature or inadequate ventilation. (1) A law enforcement officer or animal care officer may, after attempting to locate the animal's owner, remove the animal from a vehicle or enclosed space using any reasonable means necessary, including breaking a window or lock If professional services are required to remove the animal, the owner is responsible for the cost. (2) A law enforcement officer or animal care officer who removes an animal from a vehicle or enclosed space in accordance with this subsection is not liable for any resulting property damage. See. 4-82.005 Number- of al'owed Per- esldeneeTh b � Any Emimals ever- fouf animal limit, with the emeeptien ef pttppies�kittens wetild eensfittite _e vielatien. Onee the effspfing r-eaehes twelve weeks of age, they shall eenstittite a separate vielatien. The fine fef the vielatien is $125 per- anifnal with a seven day gr-aee period fef eat faneier-s e (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 06-048, secs. 1, 2, adopted 8/22/06; 1978 Code, sec. 5-1) State law references—Cruelty by abandoning livestock animal, V.T.C.A., Penal Code, sec. 42.09(a)(3); cruelty by abandoning non -livestock animal, V.T.C.A., Penal Code, sec. 42.092(b)(4). 4 ARTICLE 4.03 IMPOUNDMENT* q Sec. 4.03.001 Dogs at large prohibited It shall be unlawful for any dog to be at large within the City. Any dog on the 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-20) q Sec. 4.03.002 Holding periods; reclaiming; shelter fee; sustenance for animals It shall be the duty of the Animal Care Managerleeul �� to pick up any dog or cat found at large and confine such dog or cat in the City Animal Care Facility shelter for seventy-two (72) hours in the case of a dog or cat without a microchip, collar 13 or harness with tag attached, and for one hundred twenty (120) hours in the case of a do or cat wearing a current tag or microchip, during which time the owner or person entitled to such dog or cat, upon satisfactory proof to the Animal Care division le of ownership, may redeem his do or cat upon the payment of a shefter-fee all required fees in accordance with section 4. 10.001 seefien 10.0 and all other such applicable fees provided by that section. The Animal Care division leeeA eery shall provide, at the cost of the City, suitable and necessary sustenance for all dogs or cats so impounded. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-21) Sec. 4.03.003 Notice to owner It shall be the duty of the Animal Care Manager leeeA heaM autherity to maintain a list of each animal impounded describing all dogs and cats, whether bearing an immunization tag, microchip 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 or microchip. In case the dog or cat bears an immunization tag or microchip, then in addition to maintaining a list as required herein, it shall be the duty of the Animal Care Manager leeal health auher-ity to notify such person to whom such immunization tag or microchip 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 received the same. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5- 22) ft Sec. 4.03.004 Refusal to deliver an animal to officer It shall be unlawful for any person to refuse to deliver any unimmunized dog or cat to the Animal Care Manager upon demand for impounding. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-23) 4L Sec. 4.03.005 Redemption or disnositiondestruetiee 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 to him, provided such dog or cat is not affected or thought to be affected with rabies, upon the payment of the impeuoding reclaim fee as provided in section 4. 10.001 for each dog or cat impounded. (b) If the owner of a dog or cat impounded fails to claim such animal within seventy-two (72) hours, in the case of a dog or cat without microchip or collar and immunization tag attached, the Animal Cares Manager shall deliver such dog or cat to the first approved a licant who applies fo 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 ' a ro riate fees as provided for in section 4.10.001, seefien 10.01 008 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 Chapter. 14 "'qk :.r..p' (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 Animal Care Manager, at his discretion, release to a bona fide rescue entity or individualpersons who have applied for adoption or leea} health auther-i} to destroy euthanize 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-24) 4 Sec. 4.03.006 Interference with officers It shall be unlawful for any person to interfere with or attempt to prevent the Animal Care M erany eity polieemen.-I 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-25) 41 ARTICLE 4.04 RABIES CONTROL. 4L Sec. 4.04.001 Report of bites; suspected rabies (a) Any person having knowledge that an animal capable of transmitting rabies has bitten or scratched a person, doggy or other animal shall immediately report the incident to the Ci 's Animal Care divisionjeeal heaM authority. The report shall include, if known, the name and address of any victim, the name and address of the owner of the animal, and any other data which may aid in locating the victim or the animal. (b) It shall be the duty of every physician or other practitioner to report to the Animal Care divisionleeal health authority the names and addresses of persons treated for bites or scratches inflicted by animals capable of transmitting rabies_, together- with stleh -ehother- inn -- eAie-- all be helpfW in rabies een#eh 15 .. 41 ARTICLE 4.04 RABIES CONTROL. 4L Sec. 4.04.001 Report of bites; suspected rabies (a) Any person having knowledge that an animal capable of transmitting rabies has bitten or scratched a person, doggy or other animal shall immediately report the incident to the Ci 's Animal Care divisionjeeal heaM authority. The report shall include, if known, the name and address of any victim, the name and address of the owner of the animal, and any other data which may aid in locating the victim or the animal. (b) It shall be the duty of every physician or other practitioner to report to the Animal Care divisionleeal health authority the names and addresses of persons treated for bites or scratches inflicted by animals capable of transmitting rabies_, together- with stleh -ehother- inn -- eAie-- all be helpfW in rabies een#eh 15 (c) Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or any other domestic or wild animal shall immediately report the incident to the Animal Care Manager 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-29) State law reference—Reports of rabies, V.T.C.A., Health and Safety Code, sec. 826.041. 4 Sec. 4.04.002 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 AnimalCare Facili 9helt" or a veterinary hospital in.-IhLCity operated by a duly licensed veterinarian. A fee shall be charged for each day of confinement at the Animal Care Facilitvshekef when an animal is under observation in bite cases. This boarding fee shall be assessed in accordance with section 4.10.001. 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 Care Manag_ereei4Fel supervise 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 -(LO) day quarantine period and the animal owner must show proof that a licensed veterinarian has examined the dog; and (E) The Animal Care eewfel 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 16 (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 theme 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. newer=eM, st eh animals %il , , „ ,ave , ,eg examined immediately b a ete aa.The ete '11 aefif� the animal eeffifel divisien ef his finding the deg. Shetild the deg beee.»e faertelly inn ,..e,7 e« die .a,,..ing the ten day period vI+e« .. 1,.:+e :t shall be delivered V VVV1i1V 111V1 LLLll� 1111 LL1 VL1 V1 L11V L1L{l lllb L11V LVll-YK (45) 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 Animal Care Manager shall euthanize the animal. . (b) If the animal dies or is euthanized destreyed while in quarantine, the Animal Care Manama shall remove the head or brain of the animal and submit it to the nearest department of state health services for testing. If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the Animal Care Managerleeal heaRh authefity 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 section shall pay to the Animal Care divisionleeal heafth authority the reasonable costs of the quarantine and disposition of the animal as set out herein and the Animal Care Managerleeal health authefk.y may bring suit to collect those costs. The Animal Care Managerleeal-13�e shall euthanizgdestFey 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 85-77, sec. 1, adopted 8/6/85; Ordinance 92-51, sec. 1, adopted 7/14/92; 1978 Code, sec. 5-30) State law references—Quarantine of animals, V.T.C.A., Health and Safety Code, sec. 826.042; release or disposition of quarantined animal, V.T.C.A., Health and Safety Code, sec. 826.043. 17 4L Sec. 4.04.003 Rabies Vaccination Every owner of a dog, cat or ferret four (4) months of age or older shall have such animal immunized against rabies once every three(31.years elks 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 Care Facilijyshekefas provided for in section 4.10.001. The fee OW! be as provided for- in seefien 10.0 1.008 of the Gede of Ordinaaees. Any person moving into the Cit shall comply with this section within thirty (30)t (1.0) days after relocation. To prevent improper vaccination of animals against and the accidental exposure of humans to rabies, killed virus rabies vaccine inedified u -.e vifus ...,ase.. vaeeine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in Texas.this (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 06-048, sec. 3, adopted 8/22/06; 1978 Code, sec. 5-31) State law reference—Rabies vaccinations, V.T.C.A., Health and Safety Code, sec. 826.021 et seq. Sec. 4.04.004 Inspecting dog or cat to determine immunization; right of entry therefor The Animal Care Manager 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 Animal Care Manager or to impede, obstruct or exclude the Animal Care Manama when attempting to enter such premises for the purpose of inspecting such dog or cat. (Ordinance 84- 166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-32) 4 Sec. 4.04.005 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 dw a 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, the 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, that 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 three 3 years one (1) yeas after the date of vaccination of the dog or cat to which issued and shall be nontransferable. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-33) 18 4 Sec. 4.04.006 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-34) 4 Sec. 4.04.007 Proof of vaccination 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-35) 0 Sec. 4.04.008 Animals exposed to rabies (a) 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 Animal Care Managerleeal-he�er� 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 Animal Care Manager:leealheaM autherity: (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 Euthanized 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) Hwy Euthanized 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-36) 19 Q ARTICLE 4.05 DANGEROUS AND VICIOUS ANIMALS - 4 Sec. 4.05.001 Definition; impoundment (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 Care Manager aaima4 eewml effieef shall impound the animal immediately if it is at large; or, if it is in the possession of some person, the Animal Care Manager " er- 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. (Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19) 9, Sec. 4.05.002 Declaration of a dangerous animal (a) The Animal Care Manages 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 4.05.001(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 Animal Care Manager 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 4.05.003. 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 Care Manager may then give notice by ordinary mail. FM (c) The owner of an animal declared to be dangerous may appeal the determination of the Animal Care Managerhealth dire to the Animal Care Advisory Committee. The request for a determination hearing must be in writing and must be received by the Animal Care Managerdireeter- of the e y health a .,..t. en4 or his/her- designee no later than five (5) working V Vl Vl F11V V14 11V{11111 \iV„ 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 Animal Care Managg sheaft di eterls declaration becoming 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 euthanized. 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 euthanized 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 Animal Care Manager 4ir-eeter- of the eity he shall schedule said hearing. The hearing committee shall be made up of members of the Animal CarehealthAdvisory Committee. The determination hearing shall be conducted within fourteen (14) 0) 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. A determination of the committee shall be made at the conclusion of 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 CareeentrelFacility 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 CareeentfelFacility pending the determination hearing shall be borne by the owner. (Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.1) it Sec. 4.05.003 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 the Animal Care divisioweefftfel: (1) Register the animal as a dangerous animal with the Animal Care divisioneentFol authe and pay an annual fee in accordance with section 4.10.001. €ef the -area -in whieh the animal is kept. The -ees4 f6r-FegistfatiAn shall be fifty dell r -s ($50.00) YeafT 21 (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 Care division eei#rel ffteility 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 L'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_ 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 it 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 Careeentrel division or a licensed veterinarian or removed from the city. 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 this Article. Transfer of the dangerous animal to a new owner must be approved by the Animal Care healt#Advisory Committee. (Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.2) 4t Sec. 4.05.004 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 Care Managgr:e 22 (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, markings, 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 Care Manager eemFel supefvise the escape of the animal or an attack or biting of a person or other animal. (Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.3; Ordinance 07-014, sec. 6, adopted 2/13/07) 9- Sec. 4.05.005 Penalties for violation Upon conviction the owner of an animal declared to be dangerous herein shall apse be subject to a fine pursuant to section 1.01.009 of the Code of Ordinances dollars ($100.00) W4 net mere dma five htmdred dellar-s ($5 OO -.00) -for each violation of section 4.05.003 or 4.05.004 of this Chapter or for interference with enforcement of this Chapter. This penal provision is in addition to any administrative determination by the Animal Care Manager . (Ordinance 03-065, sec. 1, adopted 7/29/03; Ordinance 06-048, sec. 3, adopted 8/22/06; 1978 Code, sec. 5-19.4; Ordinance 07-014, sec. 7, adopted 2/13/07) 4- Sec. 4.05.006 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 4.05.002(d), section 4.05.003(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 Animal Care divisioLleity publie health depaAffient to euthanize er-dispese-o€ 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 4.05.002(d), section 4.05.003(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 Animal Care division p4y publie health dept to euthanize erispese -ef 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 23 concerning preservation and continuing custody of the animal as evidence from a court of competent jurisdiction, should they choose to do so. (Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.5) 0, Sec. 4.05.007 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 a law enforcement or military agency. (Ordinance 03-065, sec. 1, adopted 7/29/03; 1978 Code, sec. 5-19.6) 9, ARTICLE 4.06 LIVESTOCK, FOWL AND OTHER ANIMALS - q Sec. 4.06.001 Livestock permitted, number (a) Definition. For purposes of this Article the term "livestock" shall mean any horse, mule, cattle, hog, sheep, goat, or similar animal classified as livestock. For the purposes of this Article, micro or mini pigs shall not be classified as livestock (b) General prohibition. It shall be unlawful, except as provided in subsection (c) of this section, 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 subsection (b) of this section 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. 24 (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 ofd not less than one (1 acre. , (B) Bovine animals may be kept for personal use (not for commercial purposes) on tracts of land ofv4th not less than one-half'/2) acre.(40,000) sqtmfe feet. (C) Livestock (except equine animals) which are kept as pets for noncommercial purposes, may be kept on tracts of land o- My shall be providedf not less than one-half ('/2) acre.twenty theti , «.....�ar��. ry rte. �..rv�a�, v.avvrr ava VaaaKaa waaaaaaaaV YVJVIIVVY 111 JM VJVVl1V11-`Ol`TJ -ah-eve, n .7eteEmin:«e the number- of , , s .r h eh may be kept a ,. 4 t f rrvv ♦ v, 111 YVLVllllllllllb L11V hffld (D) In addition to the requirements set forth in sections 5(A). 5(B) and 5(C) it shall be unlawful for any person to keep or harbor any livestock within the corporate limits of the city, where there is less than three thousand (3,000) sguare feet per livestock. (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. 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 Animal Care Manager. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 1, adopted 10/16/01; 1978 Code, sec. 5-4; Ordinance 07-014, sec. 2, adopted 2/13/07) 25 4 Sec. 4.06.002 Minimum distance of livestock and fowl from dwellings, etc. (a) The keeping on any premises in the City of any livestock not prohibited by section 4.06.001(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 (15 0) 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 Animal Care Advisory Committeebea'+'- dife 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. (b) 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 2, adopted 10/16/01; 1978 Code, sec. 5-5) 4L Sec. 4.06.003 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 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-6) 4t Sec. 4.06.004 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-7) 4t Sec. 4.06.005 Unclean animal pens; health nuisances (a) 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 26 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. (b) 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; Ordinance 01-080, sec. 3, adopted 10/16/01; 1978 Code, sec. 5-8; Ordinance 07-014, sec. 3, adopted 2/13/07) 4 Sec. 4.06.006 Cows 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-9) 4, Sec. 4.06.007 Fowl, rabbit or rodent pens 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. (Ordinance 84- 166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-10) 0 Sec. 4.06.008 Livestock at large 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-12) ft Sec. 4.06.009 Confinement of fowl or other birds; 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 Animal Care Managerhe to take up any domestic fowl or other bird found at large and confine such domestic fowl or bird in the City Animal Care Facilitvshekw for seventy-two (72) hours. If the owner of a domestic fowl impounded fails to 27 L claim such fowl within seventy-two (72) hours, it shall be the duty of the Animal Care Manager, at his discretion.ieeal heaM authority to hwn rely euthanizedestmy or to find an appropriate adopter to adopt the confined fowl or bird, as authorized by the Texas Health & Safety Code. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-13; Ordinance 07-014, sec. 4, adopted 2/13/07) 9, Sec. 4.06.010 Impounding fee for fowl 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 4.10.001-seetien 1141 -AAS for the period of time the domesticated fowl or other bird or birds remains in the possession and custody of the Animal Care division.leeal health aWherity. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-14) 0, Sec. 4.06.011 Wild animals; Definitions and restrictions on keeping For the purposes of this Article, the term "wild animal" shall mean any non -domesticated or dangerous wild animal, including wolf, lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat lynx serval caracalhyena, bear, coyote jackalbaboon chimpanzee orangutangorilla, or any hvbrid of these listed. 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. (Ordinance 84-166, sec. 1, adopted 12/18/84; 1978 Code, sec. 5-11) Sec. 4.06.012 Snakes within the City; regulation of (a) It shall be unlawful to: (1) Own. harbor, possess, sell, breed, or transport any venomous snakes or reptiles within the city limits. (2) To release a non -indigenous species of snake into the wild; (3) To own, harbor, or possess more than four (4) boa constrictors at one residence within the ci , limits. Persons found to be in violation of this section shall be assessed a fine up to two thousand dollars ($2,000.00). Exceptions to this code would be zoos circuses or any other entity that is permitted by the City. 28 ARTICLE 4.07 EXHIBITION OF ANIMALS Sec. 4.07.001 Animal exhibition; permit required (a) "Animal Exhibition" shall refer to a circus, carnival, petting zoo or event owning or maintaining animals for the purposes of displaying or performing in exhibitions of tempoLW duration not to exceed thirty (30) days, where attendance of the general public is solicited. (b) An Animal Exhibition permit shall be granted under the following conditions: (1) No less than fourteen (14) days before the event is to take place, the owner exhibitor shall apply for an Animal Exhibition permit from the city's Animal Care division. (2) A one-time permit application fee of fifty dollars ($50.00) shall be assessed and paid in full before the event. (3) On a day agreed upon by the Animal Care Manager and the event coordinator, the Animal Care Manager will inspect all animals that will be shown, held or demonstrated pursuant to the Animal Exhibition permit. The Animal exhibition permit shall specify all the items that will be inspected by the Animal Care Manager. Issues arising as a result of the inspection process will be handled at the discretion of the Animal Care Manager. ARTICLE 4.09 EMERGENCY MEDICAL CARE AUTHORIZED Sec. 4.08.001 Medical Care (a) The Animal Care division shall have the authority to administer emergency medical treatment to any at large, estray, surrendered, or impounded animal. (b) Costs incurred by the Animal Care division as the result of treatment given in accordance with section 4.09.001 (a) shall be the responsibility of the animal owner. ARTICLE 4.10 FEES Sec. 4.10.001 Animal Care Fees (a) Animal Services (1) Reclaim Fee: $45.00 per occurrence (b) Rabies vaccination fees: $15.00 (c) Preventative health vaccination: $15.00 FA (d) Boarding: $15.00 per day (e) Dead animal removal fee for veterinarians: (1) Trip fee: $20.00 for one (1) animal (2) Trip fee: $5.00 per animal in excess of one (1) (f) Kennel permit fee: $50.00 per year (g) Dog and cat fanciers permit (1) New permit: $200.00 (2) Renewal permit: $50.00 (h) Adoption fees (1) Cats: $90.00 (2) Dogs: $120.00 (3) The adoption fee may be waived at the discretion of the City Manager (i) Microchipping: $25.00 per animal (j) Animal surrender fees (Beaumont residents only): (1) Cats: $15.00 (2) Dogs: $20.00 (k) Dangerous Animal Registration: $50.00 per year (1) Owner requested euthanasia fee (1) Cats: $15.00 (2) Dogs: $20.00 (m) Animal Exhibition permit fee: $50.00 30