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HomeMy WebLinkAboutPACKET AUG 22 2006 City of Beau mont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 22, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the acquisition of 50% interest in Lot 16, Block`B" of the Amelia Heights Addition located at the intersection of F.M. 364 (Major Drive) and Washington Boulevard for the future widening of Washington Boulevard B) Authorize the acceptance of a ten(10) foot wide water line easement providing access for fire prevention services across Sandeep Patel property located at 2450 Major Drive [Harbor Hospice] C) Authorize the acceptance of a twenty(20) foot wide drainage easement at 2135 Somerset D) Approve a resolution accepting maintenance of the street and storm sewer, water and sanitary sewer improvements in Washington Village, Section One E) Authorize the partial settlement of the claim of Mary Coward F) Approve the waiver of penalties and interest on five tax accounts processed by the Jefferson County Tax Assessor-Collector's Office • A Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 10, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of 50% interest in Lot 16,Block`B"of the Amelia Heights Addition located at the intersection of F.M. 364 (Major Drive) and Washington Boulevard for the future widening of Washington Boulevard. RECOMMENDATION Michael L. Kreager, Trustee, has agreed to donate to the City of Beaumont his undivided 50% interest in the property described as Lot 16,Block`B"of the Amelia Heights Addition, located at the intersection of F.M.364(Major Drive)and Washington Boulevard. The property would be used for the future widening of Washington Boulevard. Administration recommends authorization to acquire this property. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation, acquired 0.155 acre tract of land out of Lot 16,Block`B"of the Amelia Heights Addition(Clerk's File No. 96-9603741) for the widening of F.M. 364 (Major Drive). BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. =gmlk_kreager-ib.wpd 10 August,2006 f , I V4'V' ve U1. K UL f I 43 I s - � �• .�_., w 46 ! P. H. PHELAN, TRUSTEE 2.558 AC.TR. n° to V GEORGE E-ELLIS - VOL 1389, P. 48 VOL. 1860, P. 44 E LT85 AC. REM O n m 0.40 AC.REM. Ill LOCK T st = Lj L107.44=t'• % S.P.PARCEL 46 LOT 2 I LOT I ..sia«...... ; �mr. 89T TT I WIN wm m i w AY •►'' r EEO—tT�srr '! 0 J „ 3 a, ` V r1RCJL ss 1 urwat .�y' 6 g' M Z p 01 t tB Ol• �Ef u wiur /TA.tOMR04 1 Yf.' 0 O. F It PROPOSED R/W LINE Not 27'24'W 363.74 3 '� I Y1• 4�►e h m y = ' �r a' 3 46 0 43 I O PROPOSED CENTERLNE 1 ^" BEARNGN02.3S'21'W il i . 8. -PROPOSED C EERA � NTU too ' 12 .83 EXgTN6 R/W LIKE KE 445.9 NO2.38 49",W f / /•'EXISTNG R/W LINE N 02'88'!0'N 120.00 'N '29'88'N {I 02'23'2! ' N 02'20'9 W� N 02'88'SO'N soo.d'a� s79.01 O QQr<� ..'�15•.'•;:;:..5�:CTi 4,� 4 0 2 �' Rte,r71•R ::;::;;:r.:;:i;:};E:;: — • cq 4 LOT 4 MARRS MCLEAN moo �L x C ° VOL. 401, P,/156 Qn • 6 0 3t AC REM. M TY1 J x 4 t 07 / ItJ' P ::!'i'�:Fi �iE:e::'.^';C:s:i�.i,'•'iii >':: �;':ri:'i:i:•:::i�iir: . goal LOT 15 : :+r :i:f%rii:<S i:::�:':�i:•::::5;::•ty;�!.'• ':�' LOT K ::i:•::•:::.:::.::::::....:.: = B L O C K A 3 LOT 1i 0 LOT a f h AMELIA HEIGHT 44 ADDITION/ _ N S,PAGE a3 / n MAP RECORDS OF J FFERSON CO. MICHAEL L_ KREAGER x FILE No. 102 - 50 - OT95N 0.864 AC.REM, e ii LOT 6 I•olglic i • .Y.Y. K/R /YAK WiiT Y. � YIW "Aft •UCUST 094 to �Rf[R1g1 T�4 f r ' B s woftr Cit y of Beaumont W Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 11, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten(10) foot wide water line easement providing access for fire prevention services across Sandeep Patel property located at 2450 Major Drive [Harbor Hospice]. RECOMMENDATION Sandeep Patel has agreed to convey a ten foot (10') wide water line easement to the City of Beaumont. The Water Line Easement crosses property at 2450 Major Drive [Harbor Hospice] and will provide access for fire prevention services on the property (City Plat SP-1, Tract 82, H. Williams League, Abstract 56). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director engfire_harbor-hospice-ib mpd I I August,2006 Metes and Bounds Description 0.119 acres of land situated in the H. Williams League, Abstract No. 56 Beaumont, Jefferson County, Texas Being a 0.119 acre tract or parcel of land, 10 ft. in width for utility easement purposes, a portion of that certain 3.941 acre tract of land as conveyed by deed to Sandeep Patel recorded in Clerk File No. 2005041416 of the Official Public Records of Real Property of Jefferson County, Texas, as situated in the H. Williams League, Abstract No. 56 of said county and being more particularly described by metes and bounds as follows; Beginning at a 5/8" steel rod found located on the easterly right of way line of FM Highway No. 364 (aka Major Drive), a public dedicated right of way, marking the Southwest corner of Westchase Village, Section Two as recorded in Volume 17, Page 146 of the Map Records of said county,the Northwest corner of said Patel tract and the Northwest corner of the herein described tract of land; Thence North 87 deg. 14 min. 31 sec. East (Reference Bearing), departing said easterly right of way line, along the upper southerly line of said Westchase Village with the northerly line of said Patel tract and this tract, passing at a distance of 31.00 ft. (plat 30.91 ft.) a 1/2" steel rod with cap marked "Fitz& Shipman" marking the Southwest corner of Lot 21, Block 1 of said addition and continuing for a total distance of 520.41 ft. (deed 520.26 ft.) to a 3/8" steel rod in concrete found marking the Northwest corner of Lot 14 of said Block 1, the Northeast corner of said Patel tract and the Northeast corner of the herein described tract of land; Thence South 02 deg. 55 min. 23 sec. East along the lower westerly line of said Block 1 with the easterly line of said Patel tract and this tract a distance of 10.00 ft. to a point marking the Southeast corner of the herein described tract of land; said point bears North 02 deg. 55 min. 23 sec. West a distance of 319.84 ft. from a 1/2" steel rod set marking the Northeast corner of that certain tract of land (called the South 1/2 of 7.945 acres) as conveyed by deed to P.M. Carter recorded in Clerk File No. 9846331 of said Official Public Records and the Southeast corner of said Patel tract; Thence South 87 deg. 14 min. 31 sec. West, over and across said Patel tract with the southerly line of this tract a distance of 520.41 ft. to point located on the Exhibit "A", Sheet 1 of 3 aforementioned easterly right of way line of FM Highway No. 364 (aka Major Drive) marking the Southwest corner of the herein described tract of land; said point bears North 02 deg. 54 min. 01 sec. West a distance of 319.86 ft. from a 1/2" steel rod set marking the Northwest corner of said Carter tract and the Southwest corner of said Patel tract; Thence North 02 deg. 54 min. 01 sec. West along said easterly right of way line with the westerly line of said Patel tract and this tract a distance of 10.00 ft. to the Northwest corner and Place of Beginning and containing in area of 5,204 square feet or 0.119 acres of land, more or less. Job No.: 06-044 ��S OF�Fx Surveyed: August 2005 *g�:�GISTE/�FO'iA* BRADY I GIROUARD 5635 �9��ESS��:'•Q, ��asuAV�yo Br y Xd ouard R giste Pr ofessional L nd urveyor No. 5635 Notes: 1. Bearings referenced to the northerly line of the Patel 3.941 acre tract, North 87 deg. 14 min. 31 sec. East- deed. 2. Plat accompanies metes & bounds description. 3. All 1/2" steel rods set with plastic cap marked "BJG 5635". Exhibit "A", Sheet 2 of 3 C:\Geomatics\Mete—Bounds\06-044.doc VILLAM DRNE W ESTCQ ASE VILLAGE, SECT. TWO * BLOCK NO- 11 b VOL 17. PG. 146, M.R.J.C. PROPERTY LOT 21 LOT 20 LOT 19 LOT 16 LOT 17 LOT 16 x 31.00' I I �3 ENO. 1/2'STL 6'HOOD FTE 3/6" (FIAT 30.91 R00 M/CAP�� N 87'14'31"E 520.41' KONG P.L.PL STEEL ROD P.O.B. �rrz (REFERENCE BEARING) N COW- �.3�" � BLUEBONNET LANE FND. ROD 10.00' S 87°14'31"W 520.41' 10.00 uraffy STEEL 1E�AS r LOT 14 O 0.119 ACRE 5.204 SO. Fr. VICINITY MAP �. wr m>rwJ LOT 13 SANDEEP PATEL 3.941 ACRES 7.3' ESMr. CLERK FILE N0. 2003041416 P W io I O.P.R.J.C. °D 7.5' ESMT. A. LOT 12 z s °� o H. WOL LOA tv 0S LACE QUIE c') g O I Q o e�7��Q�� ��. �� " N th Q >O � g Z o LOr 11 j ° K.M. JEFFCOAT CALLED THE NORTH 1/2 Q OF 7.945 RES ii;c3 CLERK FILE NO 1 _ O P•R J.C. ALONG PF.L I ° LOT 10 to I SET 112' I sm ROOD 0 100 200 STEEL ROC I S 87°14'23"W 520.54' P.M. CARTER LOT 9 SCALE IN FEET CALLED THE SOUTH 1/2 OF 7.945 ACRES 3 CLERK FILE NOC9846331 0 PLAT OF SURVEY NORTH LINE 0.119 ACRES OF LAND z F.C. oi-1e7-A2 SOFT R.P.Rd.0 �� ��r, TERM * SITUATED IN THE FNM ow-1 MONUMOTT ..:.. . ...... H. WILLIAMS LGE.,ABST. 56 RY... .... OU YRD. ,f BEAUMONT,JEFFERSON COUNTY,TEXAS NOTES: 5835 aP (J� 1. BEARINGS RffERENFED TO THE NORTHERLY LINE OF THE JEFFCOAT • �. G ee�m at i cs, Inc. CALLED NORTH 1/2 OF 7.945 ACRES, N 67'14'31" E - DEED. �� •.SS` y 2. PROPERTY LIES WITHIN FLOOD ZONE"x" L PER FLOOD SUM INSURANCE RATE MAP 4654370050 D. DA 6. 2002. Professional Land Surveying Services JOB No.: 06-044 ADDRESS: 2430 MAJOR DRIVE SURVEY DATE: 06/09/05 BEAUMONT.TEXAS 77707 EXHIBIT"A" 3387 Laurel Avenue,Suite 211 Beaumont,Texas 77707 SCALE: 1' - 100' WE 3 OF 3 Office: (409)832-9333 Fax: (409)832-8531 F.B./PG-, 6-5 OWNER: SANDEEP PATEL c City of Beaumont c Council Agenda Item A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 15, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty (20) foot wide drainage easement at 2135 Somerset. RECOMMENDATION The City of Beaumont Housing Authority has agreed to convey a twenty(20) foot wide drainage easement to the City of Beaumont. The easement will abut Lot 12,Block 5 of the Somerset Village Addition(2135 Somerset Street). Administration recommends acceptance of the easements. BACKGROUND The proposed drainage easement is for the placement of an underground 24" to 36" reinforced concrete pipe on the above property and will allow for the alleviation of drainage problems in the area. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engdrainage_somerset-ib.wpd 15 August 2006 a yr i r A r L u` _so // 12 R 14 15 AS 17 /B f9 20 a 5 c a I�fl _L 8A TrnEE �� 60- o w 58 60 . - - - _.� .� - 6O a _9 a Z a10 9 / 7 6 1 4 3 Y t r 5 IO a w . 57 O �125 60,r a 51 .56 !2 Q 14 f3 t6 17 0 s `ON X00 -KENMORE DR,V60 5� 2 ssos , 30�Qo a/ / 60 Jb ,q o !B /05 V,.. 14 13 O /6 r `n 4 9 /3 54 64rZS 60 60 60 65 9 2,22 3903 19 90 � l©0 1 ,3 17 $ . 33 t �I 2 3 .4 5 $ . .47105 49 0 C Zg ° a v 4Ci43i 60 60 60 20 sr 60 103 105 'a o tB 47 46'� 43 ° .� Zt 3.5¢ so 60 /9 v G160 60 116.54 16 a t L2 23 24 YS f 20 a us 11 42 AS : Z3 N 4g f �� 78,6 his ��• 21 "9 a a. 95 gg :8 4/ , Jr 490 10 9�9 • R2 I M9 z g '� AI Z 40 /! ro 7 � b r.. � v 23 .' to m 105 23 /2 2B 39f.� p` /B /2o 13 3 Y4 a Y24_ Q h /3 $ : 29 SB W- a A 1 g �` : , A °� ZgZg o 205 17 �o IAA r�3O � 7 < AS Zd 5 5.34" — N g46 26 �{ + 4L 19 45 15. ' 31 36 Ifik 0 5 Al f6 b' : 32 �► /B 105 N 29 �•t4 !0 �7 b 50 34 b _.28i gy�a St `° t7 8ar43 /05 105 '3 _4C :m, l • rsts ss,�:__� SO 5 69 69 69 71e- --7.I2 6b \ q 0 3T 36 35 q 34 33 N 32 .q 3/30' ,�� 29' o°-_ - 2 s 9 69 69 71_•8 71z 71Z Ze 4 rS5 61 694.5 0/ /79,� 0i7l v l,If..VA. CANAL ! 4913 300 A E 7 D C�t of B ...P6.1. y eaumont - i K Council Agenda Item U11 , g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 15, 2006 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street and storm sewer, water and sanitary sewer improvements in iWashington Village, Section One. RECOMMENDATION Administration recommends approval of the following: • Washington Village Parkway from existing Washington Boulevard approximately 1,669 linear feet north to the 3-OM-4P end of roadway markers. Also, recommended for approvals are the storm sewer, water and sanitary improvements for Washington Village, Section One. BACKGROUND The aforementioned improvements in the subdivision were accepted for maintenance by the City Council on June 9, 1998. The acceptance was-contingent on the filing of the final plat, complete with filings of dedication of all rights-of-way and easements. This was not completed within the two (2) year time limit so it must be resubmitted for acceptance. BUDGETARY IMPACT None. PREVIOUS ACTION None. . SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director. WASHINGTONVILLAGE E . f Cit y of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 15, 2006 REQUESTED ACTION: Council consider a resolution authorizing the partial settlement of the claim of Mary Coward. RECOMMENDATION 0 Council approval of a resolution authorizing the partial settlement of the claim of Mary Coward. BACKGROUND Council discussed the partial settlement of this claim in Executive Session August 15, 2006. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the partial settlement amount as shown: Mary Coward $25,292.02 650 Smelker Beaumont, Texas 77706 PREVIOUS ACTION None. _ SUBSEQUENT ACTION _ Approval of final settlement of claim. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS,the claim of Mary Coward has been discussed in an Executive Session properly called and held Tuesday, August 15, 2006; and, WHEREAS, the Council desires to authorize the partial settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to partially settle the claim of Mary Coward in the amount of Twenty-Five Thousand Two-Hundred Ninety-Two and 02/100 ($25,292.02) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of August, 2006. - Mayor Guy N. Goodson - ! ! City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 17, 2006 REQUESTED ACTION: Approve the waiver of penalties and interest on five tax accounts processed by the Jefferson County Tax Assessor-Collector's Office. BACKGROUND Section 33.011 of the State Property Tax Code states "the governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties and interest on the accounts on June 26, 2006. A letter from the Tax Assessor-Collector is attached for your review as well as information relating to the five tax accounts. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. 50N 00G� EX A� MIRIAM K. JOHNSON TAX ASSESSOR-COLLECTOR SUSIE JAMES JEFFERSON COUNTY COURTHOUSE SYLVIA E. MYERS CHIEF DEPUTY P.O. BOX 2112 BEAUMONT,TEXAS 77704-2112 CHIEF OPERATIONS MGR. 409-835-8516 FAX 409-835-8589 August 9, 2006 Kyle Hayes, City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: The Tax Office has accepted five(5)payments that were processed according to Sec. 33.011 of the State Property Tax Code. For your information,Sec. 33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer,employee,or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners' Court met on June 26, 2006 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners'Court action in accepting these payments. If you should have any problems or questions concerning this matter,please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, M AM K. JOHNSO Assessor-Collector of Taxes < . Jefferson County, Texas MKJ:tm Attachment waive-p&i-le"ersv ATTACHMENT A CITY OF BEAUMONT -WAIVER OF P & I August 9, 2006 Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Request 1. Joe Allen 628.21 131.92 009300-003800 2. Aurelia Leger 325.02 42.25 037100-005100 3. Camaro Shop 11.53 2.54 700000-103426 4. Quick Shop 298.15 113.30 700000-197450 5. Select Video 759.86 1,185.00 700000-541826 (1990-1998) TOTAL 2,022.77 1,475.01 City of Beaumont REGULAR MEETING OF THE CTTY COUNCIL COUNCIL CHAMBERS AUGUST 22, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Federal Bureau of Alcohol, Tobacco, Firearms and Explosives * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. * Consent Agenda • GENERAL BUSINESS 1. Consider approving an annual contract for the purchase of limestone base material for use by the Streets and Drainage Division 2. Consider approving an annual contract for the purchase of manholes, manhole covers and sewer materials for use in the Water Department 3. Consider approving a bid for the purchase of one(1) portable air compressor for use in the Water Department 4. Consider approving proposed amendments to the existing Animal Ordinance, Chapter 5 5. PUBLIC HEARING: Receive comments regarding the acceptance of a State Public Transportation Funding Grant Consider authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds WORKSESSION * Review and discuss a revised Minority Business Enterprise(MBE)Policy 40 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: Claim of Mary Coward Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 August 22, 2006 Consider approving an annual contract for the purchase of limestone base material for use by the Streets and Drainage Division ...... City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 15, 2006 REQUESTED ACTION: Council approval of an annual contract for the purchase of limestone base material. RECOMMENDATION Administration recommends award of a one(1)year contract to Transit Mix Concrete&Materials of Beaumont for purchasing limestone base material at the unit costs stated below. BACKGROUND Bids were requested for an annual contract for limestone base material for use by the Public Works Department, Streets and Drainage Division. The material is used as a base for street repair. The Streets and Drainage Division generally obtains the material at the plantsite, though pricing was also requested for jobsite delivery by the vendor. It is estimated that approximately 8,000 tons of limestone base material will be used during the term of the contract. Nine (9) vendors were notified with three (3) responding with bids as reflected in the attached bid tabulation. The product bid by Transit Mix meets requirements set forth in the bid specifications. The contract provides for the vendor to furnish approximately 8,000 tons of limestone base material at the following fixed unit costs: Transit Mix Concrete & Materials Description Current Price Prior Year Price Limestone Base, FOB Plant - Florida $23.70 /ton $16.50 /ton Ave. Limestone Base, FOB Jobsite $28.70 /ton $19.50 /ton Annual Contract for Purchase of Limestone Base Material August 15, 2006 Page 2 The increase in the material cost from the prior contract period is primarily attributable to rail transportation cost increases borne by the bidders. BUDGETARY IMPACT The total estimated expenditure is $190,000 for the one (1) year contract period. Funds are available for this expenditure in the Public Works Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. Annual Contract for Purchase of Limestone Base Material August 15, 2006 Page 3 Bid Tabulation: Vendor Plant Pickup(Per Ton) Jobsite Delivery Location of Plant (Per Ton) Transit Mix Concrete and Materials $23.70 $28.70 3150 Hollywood, Bmt. 1250 E.Florida,Bmt. Quality Concrete&Materials $24.00 $29.00 2155 No. Th Street,Bmt. APAC-Texas $27.50 $33.00 860 Pine,Bmt. 2 August 22, 2006 Consider approving an annual contract for the purchase of manholes, manhole covers and sewer materials for use in the Water Department • • City of Beaumont Cie.- Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 15, 2006 REQUESTED ACTION: Council approval of an annual contract for the purchase of manholes, manhole covers and sewer materials. RECOMMENDATION Administration recommends award of a one (1) year contract to Golden Triangle Pipe of Beaumont for purchasing manholes, manhole covers and assorted sewer line repair materials at the unit costs indicated on the attached tabulation with an estimated total expenditure of $69,277.15. The anticipated expenditure reflects an increase of approximately 16% from the prior year, due primarily to a rise in the raw material cost of producing the fittings (brass, polyethylene, etc.). BACKGROUND Twelve (12) vendors were notified with two (2) responding with bids as reflected in the attached bid tabulation. The apparent low bidder, Coburn Supply, cannot hold pricing firm for the entire contract period and is therefore considered non-responsive to the bid specifications. The items included in the bid are utilized to make various sewer line repairs, and are ordered intermittently to maintain sufficient inventories in the Water Utilities Department's parts warehouse. The contract provides for the vendor to furnish manholes, manhole covers and sewer materials at firm unit prices. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Department's operating budget. PREVIOUS ACTION None. Annual Contract for Manholes,Manhole Covers and Sewer Materials August 15, 2006 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. Bid Tabulation-Contract for Manholes,Manhole Covers,and Sewer Materials Bid Number:RF0706-70 Name: Coburn Supply Co,Inc. Golden Triangle Pipe Address: 1000 Bowie Street 8401 S.Blewett Rd. City/State Beaumont,Texas 77701 Beaumont,Texas 77705 Contact Name ED Schooley Rick Rasberry Phone Number: 409 835-1447 409 842-0044 ITEM APPROX. DESCRIPTION UNIT TOTAL UNIT TOTAL NO. QTY. COST COST COST COST 1 300 4"X 4"DWV REDUCER COUPLING. $2.35 $705.00 $2.40 $720.00 4"SEWER HUB X 4"DWV HUB,PVC,(35-40 GLUE ADAPTER) 2 700 4"CAP PVC RUBBER GASKET SDR-35 $2.47 $1,729.00 $2.55 $1,785.00 3 50 6"CAP PVC RUBBER GASKET SDR-35 $4.80 $240.00 $4.75 $237.50 4 25 8"REPAIR COUPLING. PVC RUBBER GASKET $16.61 $415.25 $17.00 $425.00 SDR-35 _ 5 20 12"REPAIR COUPLING. PVC RUBBER GASKET $53.56 $1,071.20 $53.00 $1,060.00 SDR-35 6 500 4"FLEX COUPLING 106-44 CONC.X PVC LONG $3.19 $1,595.00 $3.30 $1,650.00 i I STYLE HUB WITH SS BANDS.(NO OTHERS ACCEPTED) 7 400 6"FLEX COUPLING 106-66 CONC.X PVC LONG $6.99 $2,796.00 $5.75 $2,300.00 STYLE HUB WITH SS BANDS.(NO OTHERS ACCEPTED) 8 100 8"FLEX COUPLING 106-88 CONC.X PVC LONG $10.49 $1,049.00 $8.90 $890.00 STYLE HUB WITH SS BANDS(NO OTHERS ACCEPTED) 9 25 10"FLEX COUPLING 106-1010 CONC.X PVC $15.07 $376.75 $11.95 $298.75 LONG STYLE HUB WITH SS BANDS, (NO OTHERS ACCEPTED) 10 100 4"FLEX COUPLING 156-44 C.I.X PVC WITH SS $3.19 $319.00 $2.65 $265.00 BANDS _ 11 300 4"STOP GLUE COUPLING SDR 35 $0.93 $279.00 $0.95 $285.00 12 100 6"STOP GLUE COUPLING SDR 35 $3.38 $338.00 $3.50 $350.00 j 13 50 8"STOP GLUE COUPLING SDR 35 $10.88 $544.00 $10.75 $537.50 Bid Tabulation-Contract for Manholes,Manhole Covers,and Sewer Materials Bid Number:RF0706-70 Name: Coburn Supply Co,Inc. Golden Triangle Pipe Address: 1000 Bowie Street 8401 S.Blewett Rd. City/State Beaumont,Texas 77701 Beaumont,Texas 77705 Contact Name ED Schooley Rick Rasberry Phone Number: 409 835-1447 409 842-0044 ITEM APPROX. DESCRIPTION UNIT TOTAL UNIT TOTAL NO. QTY. COST COST COST COST 14 25 10"STOP GLUE COUPLING SDR 35 $30.81 $770.25 $29.95 $748.75 15 300 4"STREET ELL 22-1/2 DEGREE PVC RUBBER $3.66 $1,098.00 $3.70 $1,110.00 GASKET 16 25 6"STREET ELL 22-1/2 DEGREE PVC RUBBER $7.40 $185.00 $7.50 $187.50 GASKET 17 700 4"STREET ELL 45 DEGREE PVC RUBBER $3.45 $2,415.00 $3.50 $2,450.00 GASKET 18 20 j 6"STREET ELL 45 DEGREE PVC RUBBER $7.12 $142.40 $7.05 $141.001 GASKET 19 4 3'FIBERGLASS MANHOLE $452.27 $1,809.08 $393.60 $1,574.40 20 4 4'FIBERGLASS MANHOLE $517.05 $2,068.20 $448.80 $1,795.20 21 3 5'FIBERGLASS MANHOLE $586.36 $1,759.08 $508.50 $1,525.50 22 8 6'FIBERGLASS MANHOLE $650.00 $5,200.00 $563.65 $4,509.20 23 20 6"X 4"BUSHING REDUCER SPIGOT X GASKET $7.30 $146.00 $7.00 $140.00 HUB SDR 35 24 7 8"x 6"BUSHING REDUCER SPIGOT X GASKET $22.31 $156.17 $21.25 $148.75 HUB SDR 35 25 100 MANHOLE EXTENSION 2"CAST IRON $38.14 $3,814.00 $29.70 $2,970.00 WITHOUT PROTECTIVE COATING 26 40 CAST IRON MANHOLE RING WITHOUT $87.78 $3,511.20 $78.00 $3,120.00' PROTECTIVE COATING 27 40 MANHOLE COVER W/ONE HOLE WITH $78.27 $3,130.80 $78.00 $3,120.00 PROTECTIVE COATING 28 10__ PLUG SDR-35 PVC 4" $2.32 $23.20 $1.95 $19.50 29 6 PLUG SDR-35 PVC 6" $3.56 $21.36 $2.95 $17.70 30 8 PLUG SDR-35 PVC 8" $12.60 $100.80 $10.15 $81.20 31 400 CAST IRON(CLEAN OUT)LID FOR#37 BOX $15.00 $6,000.00 $14.95 $5,980.00 32 800 4"X 4"WYE 45 DEGREE SDR-35 PVC $2.70 $2,160.00 $6.75 $5,400.00 33 400 6"X 4"WYE 45 DEGREE SDR-35 PVC $9.49 $3,796.00 $13.95 $5,580.00 • 0 0 Bid Tabulation-Contract for Manholes,Manhole Covers,and Sewer Materials Bid Number:RF0706-70 Name: Coburn Supply Co,Inc. Golden Triangle Pipe Address: 1000 Bowie Street 8401 S.Blewett Rd. City/State Beaumont,Texas 77701 Beaumont,Texas 77705 Contact Name ED Schooley Rick Rasberry Phone Number: 409 835-1447 409 842-0044 ITEM APPROX. DESCRIPTION UNIT TOTAL UNIT TOTAL NO. QTY. COST COST COST COST 34 100 8"X 4"WYE 45 DEGREE SDR-35 PVC $21.52 $2,152.00 $19.95 $1,995.00, 35 10 10"X 4"WYE 45 DEGREE SDR-35 PVC $71.81 $718.10 $61.75 $617.50 36 200 4"SADDLE WYE(FLEXIBLE)W/STAINLESS BANDS $16.56 $3,312.00 $21.50 $4,300.00 37 20 6"SADDLE WYE(FLEXIBLE)W/STAINLESS BANDS $25.67 $513.40 $28.50 $570.00 38 24 6"X 6"WYE SDR-35 PVC _ $11.45 $274.80 $15.75 $378.00 39 1 7'MANHOLE FIBERGLASS $713.64 $713.64 $620.30 $620.30 40 5 18'MANHOLE FIBERGLASS $775.64 $3,878.20 $675.45 $3,377.25 41 1 9'MANHOLE FIBERGLASS $840.91 $840.91 $730.65 $730.65 42 1 10'MANHOLE FIBERGLASS $904.55 $904.55 $786.50 $786.50 43 200 4"COUPLING CLOSURE(REPAIR)SDR-35 PVC $5.88 $1,176.00 $4.90 $980.00 RUBBER GASKET 44 100 6"COUPLING CLOSURE(REPAIR)SDR-35 PVC $10.01 $1,001.00 $9.50 $950.00 RUBBER GASKET 45 40 10"COUPLING CLOSURE(REPAIR)SDR-35 PVC $38.31 $1,532.40 $36.10 $1,444.00 RUBBER GASKET 46 20 8"STREET ELL 22-1/2 DEGREE SDR-35 PVC $24.28 $485.60 $23.40 $468.00 RUBBER GASKET 47 1 30 8"STREET ELL 45 DEGREE SDR-35 PVC $23.25 $697.50 $21.25 $637.50 RUBBER GASKET TOTAL BID AMOUNTI $67,963.84- $69277.151 ' Bidder cannot hold pricing firm for full contract period. o J �d 3 August 22, 2006 Consider approving a bid for the purchase of one(1) portable air compressor for use in the Water Department .l City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 16, 2006 REQUESTED ACTION: Council approval to award a bid for the purchase of one (1) portable air compressor. RECOMMENDATION Administration recommends the award of a bid to United Rentals in the amount of$53,609 for the purchase of one (1) portable air compressor for the Water Utilities Department. BACKGROUND Two (2)bids were received for furnishing one(1) 825 cubic feet per minute(CFM)air compressor for use by the Water Utilities Department. The compressor will provide the pneumatic power for a recently purchased pipe bursting tool, approved by Council May 2, 2006. The bids received are reflected below. Vendor Model Bid Delivery Total Bid United Rentals Sullair 825DTQCA 12-14 weeks $53,609 Beaumont, Texas Nations Rent Sullivan/Palatek 6-8 weeks $53,690 Port Arthur, Texas D825Q8 Product specifications for the unit proposed by the low bidder, United Rentals, have been reviewed by Water Utilities, Fleet Management and Purchasing personnel, and are determined to meet the required performance specifications. The unit will be delivered within 12-14 weeks of the order. United Rentals in Beaumont will perform all warranty work for the one (1) year warranty period. Purchase of One(1) Portable Air Compressor August 16, 2006 Page 2 BUDGETARY IMPACT Funds for this expenditure are available in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. 4 August 22, 2006 Consider approving proposed amendments to the existing Animal Ordinance, Chapter 5 C *ty of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 17, 2006 REQUESTED ACTION: Council consider adoption of proposed amendments to the existing Animal Ordinance, Chapter 5. RECOMMENDATION Administration recommends adoption of the proposed amendments. BACKGROUND Health Department staff was requested to review the existing Animal Ordinance and to consider amendments to the ordinance which would include specific provisions dealing with animal cruelty. In preparing the proposed ordinance, staff reviewed animal ordinances from four other cities in Texas, comparable in size to Beaumont. In addition, input was received from concerned citizen groups and the Animal Health Advisory Board. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Health Director. Beaumont Animal Control City Ordinance ARTICLE I. IN GENERAL See. 5 1. Abandoning of! du ity-. it shall be unlawful for- - - . -Ah-Lid-ein.OF dump any dog, eat ef other animal within the eity, Sec. 5-1. Abandoning or dumping in city. It shall be unlawful for any person to abandon, forsake or dump any dog, cat or other animal within the city for any reason. The term abandoned as used in this section means to leave an animal in any place without providing reasonable and necessary care for the animal under circumstances under which no reasonable and similarly situated owner would leave an animal. Sec. 5-2. Sale in food establishments. It shall be unlawful to keep for sale any bird or domestic animal in any department store, novelty store or any other store or business establishment where food is served or sold to the public, unless such animals and birds are confined in enclosures and kept completely separated from the part of the store where food is served or sold. (Ord. No. 84-166, § 1, 12-18-84) See. 5 2.1. Baby animals; distAbution OF ehafigift e010F Of PFOhibited. a) 14 shall be tinlawful for- any per-son, fifm or- eer-permien to kneviingly sell, effif fer- sale, , , epossuffls!�-.r bmts i-..der-thfee (3) weeks of age or- fabbits under- six (6) weeks of age as pets, of to eeler-, > , dueldings, gesli skunks, r n' f en' n n' bats' „rtle of r-abbb) 14 is a defense to this seetion that the sale or exehange of sueh baby ehiekens,it-s-, , geslings, skunks, , foxes, 7 bats, 7 (Ord. No. 84 166, § ,, '11x`18 Sec. 5-2.1. Selling of animals; private animal sales. It shall be unlawful for any person to display for commercial purpose, offer, sell, trade, barter, lease, rent, or give away, any live animal, on any roadside, public right-of-way, commercial parking lot, or any flea market. This provision does not prohibit the sale or purchase of animals from a person's private residence. Sec. 5-3. Wounded or sick animals, fowl or birds; killing. When, from any cause, any animal within the city shall be sick, wounded, maimed or injured, so as to render its recovery hopeless, it shall be permissible for the local health authority to destroy, or cause to be destroyed, such animal so ill or injured, and as soon after such injury as practicable, and in such manner as in his judgment shall be the least painful, and to cause the carcass thereof to be removed. (Ord. No. 84-166, § 1, 12-18-84) August 14,2006 City of Beaumont Animal Ordinance 1 Sec. 5-4. Livestock permitted, number. a) Definition: For purposes of this article the term "livestock" shall mean any horse, mule, cattle, hog, sheep, goal, guinea pig, hamster, rabbit or similar animal classified as livestock. b) It shall be unlawful, except as provided in section 5-4(c) of this chapter for any person to keep, possess, or maintain, or permit keeping on any premises owned by him or under his control, any livestock within the city limits. c) Area limitations and maintenance requirements for the keeping of livestock and poultry. The provisions of section 5-4(b) shall not apply to the following situations: 1) Bona fide zoos, stock shows, fairs, animal judging and shows, and circuses. 2) Bona fide public or private school projects, when conducted upon school property and under faculty supervision. 3) Facilities owned and used by a licensed veterinarian in connection with his practice of veterinary medicine. 4) Guinea pigs, hamsters, rabbits, chickens ducks or other animals or fowl of similar size which are kept entirely within an enclosed building, which building is of such design and material as to retain any noises or odors caused by such animals or fowl. 5) Livestock (other than hogs or pigs) which are kept in compliance with the following requirements: a) Horses or other equine animals, as a private stable (not for commercial purposes) and other livestock and poultry may be kept an tracts of land with not less than twenty thousand (20,000) square feet. b) Bovine animals maybe kept for personal use (not for commercial purposes) on tracts of land with not less then forty thousand (40,000) square feet. c) Livestock which are kept as pets for non-commercial purposes only, shall be provided not less than twenty thousand (20,000) square feet of land area in • the tract for each animal unit. The following animal units values are to be assigned to livestock, except for small animals described in subsection (c)(4) above, in determining the number of animals which may be kept on a tract of land: Each lamb or sheep 1/5 animal unit Each goat 1/6 animal unit Each horse or other equine animal 1/2 animal unit Each cow or other large animal One animal unit Offspring of equine animals may be kept for a period of eighteen (18) months and other livestock for a period of twelve (12) months, after birth before being assigned any animal unit values. d) In connection with all of the above described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this section must be kept in a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the residing vicinity or the existence of any nuisance dangerous to the public health. Also, any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this section must be approved for such purposes by the city public health department. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 01-080, § 1, 10-16-01) • Sec. 5-5. Minimum distance from dwellings, etc. The keeping on any premises in the city of any livestock not prohibited by section 54(b), is prohibited unless the pens, stalls, or other facilities for keeping the same shall be so located that the August 14,2006 City of Beaumont Animal Ordinance 2 livestock cannot come within one hundred fifty (150) feet of any dwelling, church, school, hospital or business building owned, used or maintained by any person other than the keeper of the livestock, or within five hundred (500) feet of any food service establishment or food processing • establishment, regardless of ownership or occupancy of such establishment. A variance in the one hundred fifty (150) feet distance requirement may be granted by the health director if all property owners who have a dwelling, church, school, hospital or business within one hundred fifty (150) feet of the area within which livestock are kept give their written consent for such a variance. Such variance shall specify the minimum distance requirement approved and shall not be less than seventy-five (75) feet. This provision shall not apply to fowl which are kept in completely enclosed and solidly walled facilities, or to species of birds other than poultry. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 01-080, § 2, 10-16-01) Sec. 5-6. Noisy animals and fowl, prohibited. It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person to stable or keep any animal or fowl in the city in such manner that such animal or fowl by stamping or kicking, braying, bleating, barking, yelping, neighing, crowing or making any other utterance or disturbance, creates such a noise which disturbs those living in the vicinity. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-7. Removal of livestock transport vehicles. It shall be unlawful and constitute the creation and maintenance of a public nuisance for the owner, operator, agent, or driver of any truck, trailer or other vehicle that has been used for the hauling of any livestock, animals or fowl, and when same has been parked in or on any highway, street, alley, • vacant lots, or tract of land, either public or private, or in any service station or garage within the city, to fail to move such truck, trailer or other vehicle, containing manure or excreta or liquid discharge to a location which will not disturb the inhabitants of the city by reason of the odor, gases or fumes caused by the contents of such truck, trailer or other vehicle. Ord. No. 84-166 § 1 12-18-84 Sec. 5-8. Unclean animal pens, etc.--Generally. It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person owning or having charge of any stable, stall, shed, or yard or appurtenance thereto, in which any horse, cow, or other animal shall be kept, or any place within the city in which manure or liquid discharge of such animal shall collect and accumulate, to allow such stable, stall, shed, or yard or appurtenance thereto to be kept in other than a clean and sanitary condition, or allow the same to remain in a condition which would constitute a breeding place for flies, provided, nothing in this section shall be so construed as to include manure deposits upon private property for the purpose of cultivation or to be used as fertilizer. The maintaining or keeping of all animals within the city shall be allowed only if the presence of noise, flies, mosquitoes, insects, vermin, rodent harborage, odors, dust ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material or any other objectionable matter or effect does not cause, create, contribute to or become a health nuisance. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 01-080, § 3, 10-16-01) Sec. 5-9. Same--Kept by distillers, butchers, etc. No distiller, butcher, stock dealer, or other person shall collect or keep any cows in a pen, or otherwise confine any cows in the city so as to create a stench or so as to become a nuisance. (Ord. No. 84-166, § 1, 12-18-84) August 14, 2006 City of Beaumont Animal Ordinance 3 Sec. 5-10. Same--Fowl, rodents. It shall be unlawful and constitute the creation and maintenance of a public nuisance for any person • to keep or cause to be kept any chickens, geese, ducks, guineas, pigeons, or rabbits or other rodents in pens or enclosed areas in an unclean condition or in such a manner as to become offensive, producing odors capable of annoying persons living in the vicinity. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-11. Wild animals; restrictions on keeping. No wild animals may be kept within the city; provided, however, wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with all laws and regulations. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-12. At large--Livestock; prohibited. It shall be unlawful for the owner or other person in charge of any livestock to permit the same to run at large or to be found unattended in the city. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-13. Same--Confinement of fowl or other bird; impounding. a) It shall be required of every person owning or having control of any domestic fowl or any other bird, to keep the same confined within his own premises, and it shall be unlawful for any person within the city to suffer, permit or allow any domestic fowl or any other bird which he may own or have the charge of to go or be found upon any street or other public place of the city or upon the premises of another without the consent of the owner or the person in charge of the premises • upon which such domestic fowl or other bird may be found. b) It shall be the duty of the local health authority to take up any domestic fowl or other bird found at large and confine such domestic fowl or bird in the city shelter for seventy-two (72) hours. If the owner of a domestic fowl impounded fails to claim such fowl within seventy-two (72)hours, it shall be the duty of the local health authority to humanely destroy the confined fowl or bird. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-14. Same--Impounding fees. The city shall collect from the owner or other person to whom impounded domestic fowl or other bird or birds are delivered an impounding fee as provided in section 13-16 for the period of time the domesticated fowl or other bird or birds remains in the possession and custody of the local health authority. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-15. Local health authority designated. The city Animal Control Supervisor will be designated as the local health authority for the purpose of this chapter. fEs duties will be to enforce all city and state laws pertaining to the control of animals within the City of Beaumont. (Ord. No. 84-166, § 1, 12-18-84) See Yt .-t-aFeasses of animals and LOW!, Fein.. alp It sh�! be unlawffil for- any per-son te depesit er- eat�se te be deposited or-pefmit te r-efriain upon any stFeets, sidewalks, alleys or- otheF public rights of way or plaees in the City of• , August 14,2006 City of Beaumont Animal Ordinance 4 ear-eass or pafts thereof of any dead animal of fi3vA ev�%ed by him or-under his control, btA all sueh , ear-easses of: pafts thereof, exreeding the permissible weight for- depositing in gafb — .shall be removed by sueh per-son to the eity's sanitafy landfill, or- other-wise disposed Af directed by the appropriate offieer- having jurisdic4ion ever gafbage and fefuse disposal, or the same may be removed by the eity at the eest ef sueh per-son. if the evmef of seeh dead animal er-few! be unknewn, or-the owner refuses of fails to Femove the same, the eity shall neveFtheless remove any the ew-ner-, if known; by suit. Small animals net to exeeed eighty (80) petinds plaeed neX4 te t street the r .,f1.age will be., ..Loa up by the health aepai4,, ent JLi VVL LiiV JK111V LLJ�.41 VLL�,.V W 11I VV (mod. No. 84 166, § 1, 12 18 84) Sec. 5-16. Dead animals—Disposal; leaving carcass exposed a nuisance. No person shall place or deposit the exposed carcass of any animal or fowl on any street, alley, highway or public place or upon private property or permit to stand any truck or other vehicle containing such carcass on any street, alley, highway or public place or on private property within the city. The term "exposed" as used in this section is meant the exposure of the carcass of an animal so that putrefying odors may escape and contaminate the air. Such person or persons shall cause the carcass of such animal or fowl to be disposed of as follows: (a) Putting the carcass in tied, double plastic bags and placing at the edge of the driveway, close but not on the roadway; (b) Phoning Animal Control in a timely manner to pick-up and dispose of the bagged, dead animal* before such time that the carcass begins to putrefy, decay and / or become infested with maggots; • *Any animal weighing 80lbs or more must be disposed of by the owner or person in possession of dead animal. Sec. 5-17. Kennel--Commercial; dog and cat fancier's permit; license required; fee. a) Commercial kennel. 1) The words "commercial kennel" shall mean any lot, building, structure, enclosure or premise where one (1) or more dogs, cats or other pet animals are kept for commercial purposes, including boarding, breeding, sale of goods or animals, or the rendering of services for profit. No person, group of persons or business entity shall operate a commercial kennel without first having obtained a valid commercial kennel license from the Beaumont Health Department. For the purposes hereof, the breeding and sale of the litter of animals kept and maintained as household pets and/or the litter of animals kept and maintained by the holder of a dog and cat fancier's permit, shall not be deemed and considered a commercial kennel. Unless the premises are covered by a commercial kennel license, only one (1) litter from animals kept as household pets or one (1) litter from animal of a holder of a dog and cat fancier's permit shall be allowed on premises at any given time. 2) Such license shall be for the calendar year or any part thereof during which such kennel shall be maintained. The yearly license fee for kennels shall be in accordance with section 13-16 of the Code of Ordinances. The fee shall be due and payable in advance on or before January 1 of each year. No kennel license shall be issued or • renewed until an inspection certificate shall have been issued by the health department giving evidence that a sanitary inspection of the premises has been made by the department of health of the city. The license issued shall specify the maximum August 14,2006 City of Beaumont Animal Ordinance 5 number of animals permitted to be kept, handled or exhibited by the licensee. It shall be unlawful for the licensee to keep, handle or exhibit any number of animals in excess of the maximum specified on the license. All applicants for a kennel license • with the city, if required by state statute to be licensed by the Texas Department of Health, must have a valid license issued by said department to qualify for licensure by the city. The possession of a state license shall not in itself assure that a city license will be granted. 3) Should the health authority or its designee believe a commercial kennel licensed under this section is in violation of any zoning law, health law, or any other applicable law of the city or state or believe the commercial kennel is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, the health authority may provide written notice to the person, group of persons, or business entity operating the commercial kennel specifically stating the nature and facts supporting the nature of the alleged violation or detrimental condition. Such notice shall also state the intention to repeal the commercial kennel license and provide an effective date of such license repeal not less than twenty-five (25) days after the date of the letter of notice. Should the person or persons holding the commercial kennel license desire to appeal the decision of the health authority or its designee such appeal should be made in writing within ten(10) days of the date of the letter of notice and in such case the health authority shall convene the animal health advisory committee to hear the appeal. The decision of the animal health advisory committee shall be final concerning revocation or nonrevocation of the commercial kennel license. The decision of the committee shall be made prior to the date of repeal set out in the notice letter; if the decision is not timely made, the license shall continue in full force and effect until such time as such decision is made. 4) This section shall not apply to and will not be construed to require a commercial kennel license for: a) A veterinary hospital operated by a licensed veterinarian which retains animals for veterinary medical care; b) A bona fide publicly or privately owned zoological park; c) A bona fide research institution using animals for scientific research; d) A publicly owned animal shelter. 5) A certificate shall be issued by the health department to the person paying for a commercial kennel license, which certificate shall contain the data specified in this section and which certificate shall be displayed at all times in a prominent place in the kennel. 6) The department of health shall keep a permanent record of all commercial kennel licenses issued under the terms of this section, which record shall show the name and address of persons being issued a kennel license, the name and address of the kennel, the number of the commercial kennel license, the date issued and the amount paid therefor. b) Permit; dog and cat fancier. 1) The words "dog and cat fancier's premise" shall mean any lot, building, structure, enclosure or other premise where five (5) or more dogs, each of which is over the age of four (4) months, five (5) or more cats, each is over the age of four (4) months, or a total of five (5) or more dogs and cats, each over the age of four (4) months are kept, harbored or maintained: a) For showing in recognized dog shows, obedience trials, or field trials. b) For working and hunting. August 14, 2006 City of Beaumont Animal Ordinance 6 c) For exhibition in shows and trials. d) For household pets. 2) No person may operate a dog and cat fancier's premise without first having obtained a valid permit from the health authority or its designee. Persons shall apply for such permits with the Beaumont Health Department. A person may apply for a permit for a dog and cat fancier's premise prior to purchase of such premise, in such case, the permit if issued may be issued subject to such purchase. The application shall be in writing and shall provide sufficient information to document the following: a) That the animals will not create nuisance conditions for adjoining or nearby properties; b) That all animals will be securely confined to the property; c) That adequate methods for sanitation and sewage disposal are provided; d) A list of all animals by number, breed, sex, age, and color. 3) Outside structures or enclosures used to maintain the animals should be located only in the back yard and shall not occupy more than twenty (20) per cent of the yard area. 4) Upon receipt of the application, the health authority or its designee shall provide written notice to owners or occupants of all property within five hundred (500) feet of the property line of the proposed permitted location. The notice shall inform the owner that an application for a dog and cat fancier's permit is pending, the location at which the permit is pending and shall specifically include a returnable card addressed to the city providing a means by which the recipient of the notice may either agree to or object to the issuance of the permit. For purposes of this section, notification is adequate if addressed to the owner of the . property as such owner appears on the current tax roll of the city. The time limit for such objection shall be stated on the notice but shall not be less than fourteen (14) days from the date of the issuance of the notice. A dog and cat fancier's permit may not be issued if two (2) or more written objections are received within the time limit set out in the notice. 5) Applicant shall pay to city a nonrefundable fee of two hundred dollars ($200.00) at the time the application is submitted. If two (2) or more objections to issuance of the permit are not received and the application is otherwise acceptable to the health authority or its designee, the permit shall be granted for a one-year period, otherwise the permit shall be denied. Appeals of denials will be handled in accordance with the provisions of section 5-17(b)(7). 6) Permits will be issued for one-year periods and must be renewed annually by the payment of a renewal fee of fifty dollars ($50.00). A permitted dog and cat fancier's premises is an allowable use in any zoning classification. Prior to issuance of any permit either original or renewal, the health authority shall inspect the premises to assure compliance with this ordinance. The number, breed, sex, age, and color or colors of all animals shall be listed on the permit. No new animals may be added nor shall exchanges be allowed unless application for amendment to the permit is made and approved. 7) Permits may be revoked by the health authority or its designee if provisions of this section, other ordinances of the city or the laws of the state, or the terms and conditions of the permit are violated. Appeals of revocation of a permit or the • refusal to grant a permit shall be made to the health authority or its designee. The request for appeals shall be made in writing within five (5) days of the receipt of the written notification of the refusal to grant the permit or the revocation of the August 14,2006 City of Beaumont Animal Ordinance 7 permit. Upon receipt of request for such an appeal, the health authority shall convene the animal health advisory committee to hear the appeal. The decision of the animal health advisory committee shall be final. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 86-16, § 1, 2-25-86; Ord. No. 91-69, § 1, 9-3-91) Sec. 5-17.1. Same--Regulations. a) General structure. 1) Structural strength. Housing facilities shall be structurally sound and shall be maintained in good repair in order to protect the animals from injury, to contain them, and to prevent exposure to other animals. 2) Water and electric power. Reliable and adequate electric power, if required to comply with other provisions of this subpart, and adequate potable water shall be available. 3) Storage. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food. 4) Waste disposal. Provision shall be made for the removal and disposal of animal and food waste, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestations, odors, and disease hazards. 5) Washrooms and sinks. Facilities for personal hygiene such as washrooms, basins or sinks, shall be provided for employees. b) Indoor facilities. 1) Heating. Indoor housing facilities shall be sufficiently heated when necessary to protect the animals. • 2) Ventilation. Indoor housing facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. 3) Lighting. Indoor housing facilities shall have ample light of sufficient intensity to permit routine inspection and cleaning during the entire work period. Primary enclosures shall be situated to protect the animals from excess illumination. 4) Interior surfaces. The interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized. 5) Drainage. A suitable drainage method shall be provided to rapidly eliminate excess water from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of room. c) Outdoor facilities. 1) Outdoor holding facilities shall be of adequate size and construction to handle any animal housed therein. 2) Adequate shelter shall be provided to protect animals from any form of overheating or cold or inclement weather. 3) Outdoor holding facilities must be constructed in such manner that they will protect the animal, be readily sanitized, and will not create a nuisance. A suitable • method shall be provided to rapidly eliminate excess water. d) Primary enclosures. Primary enclosures shall: 1) Be structurally sound and maintained in good repair. August 14,2006 City of Beaumont Animal Ordinance g 2) Provide convenient access to clean food and water. 3) Enable the animal to remain dry and clean. 4) Be constructed so as to protect the animal's feet and legs from injury. • 5) Provide sufficient space to allow each animal to turn around fully, stand, sit and lie in a comfortable, normal position. e) Feeding. 1) Dogs and cats shall be fed at least once a day except as otherwise might be directed by a licensed veterinarian. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the dog or cat. 2) Food receptacles shall be accessible to all dogs and cats and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean and sanitary. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of dog food, and shall be kept clean and sanitary to prevent molding, deterioration, or caking of food. f) Watering. 1) If potable water is not accessible to the dogs and cats at all times, it shall be offered to them at least twice daily for periods of not less than one (1) hour, except as directed by a licensed veterinarian. 2) Watering receptacles shall be kept clean and sanitary. g) Sanitation. 1) Cleaning of primary enclosures. Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the inhabitants and to reduce disease hazards and odors. 2) Sanitation of primary enclosures. Cages, rooms and pens shall be maintained in a sanitary condition. 3) Building and premises shall be kept clean. 4) A regular program for the control of insects, ectoparasites, and other pests shall be established and maintained. (Ord. No. 86-16, § 2, 2-25-86) Editor's note: Ord. No. 86-16, § 2, (Exhibit A), adopted Feb. 25, 1986, did not specifically amend the Code, but was included as § 5-17.1 at the editor's discretion. ARTICLE II. DOGS, CATS Sec. 5-18. Barking dogs. It shall be unlawful and constitute the creation and maintenance of a public nuisance for any person to harbor or keep on his premises or in or about his premises, or premises under his control, any dog or animal of the dog kind, which by loud or unusual barking, howling, or yelping, shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-19. Dangerous/vicious animals. a) A dangerous/vicious animal shall be defined as an animal which: . 1) Has inflicted severe injury or death to a person or bites a person other than the owner or a member of the owner's immediate family, without provocation on public or private property; August 14,2006 City of Beaumont Animal Ordinance 9 2) Has killed or severely injured a domestic animal without provocation while off the owner's property; 3) Has a known or apparent propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals; or 4) Is trained or harbored for fighting which may be determined based on whether the animal exhibits behavior and or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting. b) If an animal acts as stated in subsection (a)(1) or (a)(2) of this section or is trained or harbored for fighting, the animal control officer shall impound the animal immediately if it is at large; or, if it is in the possession of some person, the animal control officer may issue a notice requiring that the animal be taken to a designated location for impoundment. An animal which is impounded shall not be released until a final determination is made on the disposition of the animal. (Ord. No. 03-065, § 1, 7-29-03) Editor's note: Ord. No. 03-065, § 1, repealed section 5-19 in its entirety and replaced it with new sections 5-19, 5-19.1--5-19.6. Former section 5-19 pertained to vicious animals; confinement, and derived from Ord. No. 84-166, § 1, adopted Dec. 18, 1984. Sec. 5-19.1. Declaration of a dangerous animal. a) The health director or his/her designee may declare an animal to be a dangerous animal if the official has sufficient cause to believe that an animal is dangerous as defined under section 5- 19(a)(1), (2), (3), (4). b) Within five (5) working days of declaring an animal to be a dangerous animal, written notice shall be given to the owner that the health director or his/her designee has determined that the • animal is a dangerous animal. This notice shall also set out the requirements for a dangerous animal which the owner must comply with as set forth in section 5-19.2. This notice shall be given to the owner by personal service or by certified mail, return receipt requested. In the event that certified mail, return receipt requested cannot be delivered, the animal control division may then give notice by ordinary mail. c) The owner of an animal declared to be dangerous, may appeal the determination of the health director or his/her designee. The request for a determination hearing must be in writing and must be received by the director of the city health department or his/her designee no later than five (5) working days from receipt by the owner of the dangerous animal declaration. Failure to appeal the declaration within five (5) working days shall result in the health director's declaration as final. d) If the owner of a dangerous animal cannot be determined after reasonable efforts to do so and after holding the animal for seventy-two (72) hours, the animal may be disposed of in a humane manner. If the owner of a dangerous animal which has been impounded is known but cannot be located for service of the notice required herein either in person or by mail, the animal may be disposed of in a humane manner after a reasonable effort has been made to locate such owner. Nothing herein shall be construed to require the city to hold the dangerous animal longer than seventy-two (72) hours because it is unclaimed. e) Determination hearing. 1) Upon written request for a determination hearing by the owner of an animal declared dangerous herein, the director of the city health department or his/her designee shall schedule said hearing. The hearing committee shall be made up of members of the animal health advisory committee. The determination hearing shall be conducted within ten (10) days of receipt of the request for such hearing. The owner shall be notified of said hearing by first class mail. Failure of the August 14,2006 City of Beaumont Animal Ordinance 10 owner to appear at the determination hearing shall in no way prevent the hearing committee from proceeding with the hearing. The decision of the committee shall be the final administrative determination by the city. • 2) Pending the outcome of the determination hearing, the animal must be securely confined in the animal control facility or at the request of the owner of the animal, with a licensed veterinarian at the expense of the owner. The costs of securing said animal at the animal control facility pending the determination hearing shall be borne by the owner. (Ord. No. 03-065, § 1, 7-29-03) Sec. 5-19.2. Requirements for owner of a dangerous animal. a) No later than fifteen (15) days after an animal is declared dangerous the owner must comply with all of the following requirements before the subject animal can be released to the owner by animal control: 1) Register the animal as a dangerous animal with the animal control authority for the areas in which the animal is kept. The cost for registration shall be fifty dollars ($50.00) per year. 2) Obtain and maintain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person or for damages to any person's property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the city animal control facility before said dangerous animal shall be returned to the owner if it is being held by the city or a veterinarian. • 3) Restrain the dangerous animal at all times on a leash in the immediate control of a person or in a "secure enclosure." The enclosure must have secure sides, a secure top attached to the sides; and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. In addition, the secure enclosure must be: a. Locked; b. Capable of preventing the escape or release of the animal; c. Clearly marked as containing a dangerous animal. 4) The owner shall post a sign on his premises warning that there is a "dangerous animal on the property." This sign shall be visible and capable of being read from the public street or highway. In addition, the area where the animal is kept must be kept secure from small children from gaining access. 5) The dangerous animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent if from biting any person or animal. 6) A dangerous animal may not be chained to any object outside the dwelling or locked enclosure either on or off the property of the owner. b) If the owner of an animal declared to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the animal must be euthanized by the city animal control division or a licensed veterinarian or removed from the city of Beaumont. An animal declared to be dangerous under this chapter shall not be offered for adoption or sale within the city unless the new owner is willing to comply with the provisions of sections 5-19, • and 5-19.1--5-19.6. Transfer of the dangerous animal to a new owner must be approved by the animal health advisory committee. (Ord. No. 03-065, § 1, 7-29-03) August 14, 2006 City of Beaumont Animal Ordinance 11 I Sec. 5-19.3. Reporting significant events. a) The owner of an animal declared dangerous under the provisions of this article shall report any • of the following events within five(5) days to the animal control officer: 1) Permanent removal of the animal from the city. 2) Death of the animal. 3) The birth of any offspring of the animal, including the number, markage, color and sex. 4) Change of location within the city. b) The owner of an animal declared dangerous under the provisions of this article shall report immediately to the animal control supervisor the escape of the animal or an attack or biting of a person or other animal. (Ord. No. 03-065, § 1, 7-29-03) Sec. 5-19.4. Penalties for violation. The owner of an animal declared to be dangerous herein shall also be subject to a fine of not less than fifty a^"°r° ($50.00) one hundred dollars ($100.00) but not more than five hundred dollars ($500.00) for each violation of subsection 5-19.2 or 5-19.3 of this chapter or for interference with enforcement of this chapter. This penal provision is in addition to any administrative determination by the animal control officer or the director of the city health department. (Ord. No. 03-065, § 1, 7-29-03) Sec. 5-19.5. Notice to law enforcement authorities and victims before euthanasia or disposal of animal involved in fatal or serious injury to persons. a) No animal known or believed to have inflicted a serious injury or fatality of a person shall be • euthanized or disposed of pursuant to section 5-19.1(d), section 5-19.2(b), or any other provision of this chapter, unless and until the city police department, and any other law enforcement authority known or believed to be involved in an investigation of the incident, has been notified of the intention of the city public health department to euthanize or dispose of the animal and such law enforcement authorities have been given a reasonable opportunity to assume custody of the animal should they choose to do so. b) No animal known or believed to have inflicted a serious injury or fatality of a person shall be euthanized or disposed of pursuant to section 5-19(d), section 5-19(b), or any other provision of this chapter, unless and until the victim, the victim's next-of-kin or the victim's legal representative has been notified of the intention of the city public health department to euthanize or dispose of the animal and such person given a reasonable opportunity to investigate the animal and gather evidence (such as size and weight measurements, photographs and videotapes) as they deem appropriate and a reasonable opportunity to secure an order concerning preservation and continuing custody of the animal as evidence from a court of competent jurisdiction, should they choose to do so. (Ord. No. 03-065, § 1, 7-29-03) Sec. 5-19.6. Exceptions. a) No animal shall be declared a dangerous animal if the threat, injury or damage caused by the animal was the result of a willful trespass upon another's property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury unless other independent grounds exist for such a • declaration. b) If the sole cause of the attack was that the animal was injured and responding to pain. August 14,2006 City of Beaumont Animal Ordinance 12 c) The provisions of this article shall not apply to animals under the control of law enforcement or military agency. (Ord. No. 03-065, § 1, 7-29-03) • Sec. 5-20. Dogs at large prohibited. It shall be unlawful for any dog to be at large within the city. Any dog on the streets, alleys or public places or on private premises not under the control of the owner, possessor, keeper or harborer of such dog within the city shall be considered to be at large in violation of this section, except that a dog being under the control of a person by means of a leash of sufficient strength to hold such dog shall not be deemed to be at large. A person who owns, possesses, keeps or harbors any dog that is found at large shall be in violation of this section. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-21. Impounding--Holding periods; reclaiming; shelter fee; sustenance for animals. It shall be the duty of the local health authority or any police officer of the city to take up any dog found at large and confine such dog in the city animal shelter for seventy-two (72) hours in the case of a dog without a collar or harness with tag attached, and for one hundred twenty(120) hours in the case of a dog wearing a current tag, during which time the owner or person entitled to such dog, upon satisfactory proof to the local health authority of ownership, may redeem his dog upon the payment of a shelter fee in accordance with section 13-16 and all other such applicable fees provided by that section. The local health authority shall provide, at the cost of the city, suitable and necessary sustenance for all dogs so impounded. Ord. No. 84-166, § 1, 12-18-84 S ec. 5-22. --Notice to owner. S am� As soon as possible after any dogs or cats have been impounded at the city shelter it shall be the duty of the local health authority to maintain a list of each animal impounded describing each of such dogs or cats, whether bearing an immunization tag or not and giving the number of the tag and the name of the person registering the dog or cat in the case where the dog or cat bears an immunization tag. In case the dog or cat bears an immunization tag, then in addition to maintaining a list as required herein, it shall be the duty of the local health authority to notify such person to whom such immunization tag was issued, by letter, postal card, or telephone. The mailing of such letter or postal card shall be deemed sufficient notice whether or not the person addressed shall receive the same. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-23. Same--Refusal to deliver an animal to officer. It shall be unlawful for any person to refuse to deliver any unimmunized dog or cat to the local health authority or any of his deputies or any city policeman upon demand for impounding. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-24. Same--Redemption or destruction of unclaimed animals. a) The person entitled to the possession of any dog or cat impounded as provided herein, upon proper application within the time limits specified in this article, after the impounding of such • dog or cat, shall be entitled to have the dog or cat given to him, provided such dog or cat is not affected or thought to be affected with rabies, upon the payment of the impounding fee as provided in section 13-16 for each dog or cat impounded. August 14, 2006 City of Beaumont Animal Ordinance 13 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 collar and immunization tag attached, the local health authority shall deliver such dog or cat to the first person who shall apply for possession of such • dog or cat within the applicable time limit specified above, provided such dog or cat is not affected or thought to be affected with rabies. Such delivery shall be made upon payment of the impounding fee provided for in section 13-16, and in addition thereto, in the case of unimmunized dogs or cats, upon obtaining an immunization for such dog or cat as provided in this article. c) If the owner of a dog or cat impounded fails to claim such dog or cat and no person applies for possession of said dog or cat, it shall be the duty of the local health authority to destroy the dog or cat without collar and vaccination tag at the expiration of the seventy-two (72) hours and the dog or cat with collar and immunization tag attached at the expiration of one hundred twenty (120) hours. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-25. Same--Interference with officers. It shall be unlawful for any person to interfere with or attempt to prevent the local health authority or any of his deputies or any city policemen, from catching or impounding any dog or cat going at large, whether on public or private property not under the control of the owner, possessor, keeper or harborer of such animal. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-26. Cats; taping possession of. The local health authority is hereby authorized to take possession of cats delivered to him by any • person, picked up on the street or public property within the City of Beaumont, or picked up or delivered to him as a suspected rabid animal. Whenever such a cat shall come into the possession of the local health authority, it shall be the duty of the local health authority to confine such cat in the city animal shelter for seventy-two (72) hours during which time any person may redeem such cat upon proof of ownership and payment of a shelter fee and all other fees as provided for in section 13-16, provided that the cat is not affected or thought to be affected with rabies. If the cat is a rabies suspect, it will be held for ten (10) days. If the cat is not redeemed as provided herein, it shall be the duty of the local health authority to destroy the cat at the expiration of seventy-two (72) hours, or on the third day after the ten-day holding period as a rabies suspect. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-27. Veterinary fees. A fee will be charged for each trip made by the local health authority to pick up two (2) dead animals from veterinarians. The fees charged for this service will be in accordance with section 13- 16 of the Code of Ordinances. The Humane Society shall be exempt from the payment of these fees. (Ord. No. 84-166, § 1, 12-18-84) See. 5 28. Destruetion of animals whieh aFe daft— !14 OF pose R thFeat to publie safety.- The direetef of publie health or the local health authority, E)r- any pefsen designated by the dir-eeter- of publie health, eity m--age., — eity eauneil of the City of Beatffnent is atAher-ized to kill any danger-ous any kind when it is neeessafy preteetien of any,ref son of pfoper-ty. • (mod. No. 84 166, § 1, 12 18 August 14,2006 City of Beaumont Animal Ordinance 14 ARTICLE III. RABIES CONTROL • Sec. 5-29. Report of bites; suspected rabies. a) Any person having knowledge that an animal capable of transmitting rabies has bitten or scratched a person, dog or other animal shall immediately report the incident to the local health authority. The report shall include, if known, the name and address of any victim and of the owner of the animal and any other data which may aid in the locating of the victim or the animal. b) It shall be the duty of every physician or other practitioner to report to the local health authority the names and addresses of persons treated for bites or scratches inflicted by animals capable of transmitting rabies, together with such other information as will be helpful in rabies control. c) Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog or any other domestic or wild animal shall immediately report the incident to the local health authority or his agent stating as precisely as possible where such animal may be found. If a known or suspected rabid animal bites or attacks a domestic animal such incident shall also be reported as required above. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-30. Taking up and observing. a) The owner of a dog or cat which has bitten, scratched or attacked a person, dog or other animal shall be notified of the incident and shall cause such animal to be immediately quarantined at the owner's expense for a period of not less than ten (10) days in the city animal shelter or a veterinary hospital in this city operated by a duly licensed veterinarian. A fee shall be charged for each day of confinement at the animal shelter when an animal is under observation in bite • cases. This boarding fee shall be assessed in accordance with section 13-16 of the Code of Ordinances. Refusal or failure to produce said dog or other animal constitutes a violation of this section and each day of such refusal or failure shall constitute a separate individual violation. 1) The animal control supervisor may authorize a dog or cat owner's request for home quarantine subject to the following requirements: a. Secure facilities are available at the owner's home; b. The animal has a current vaccination against rabies; c. The animal was not a stray or otherwise wandering loose or at large when the bite occurred; d. A licensed veterinarian must examine the dog on the first day and last day of the ten-day quarantine period; and, e. The animal control division must be advised immediately if the dog becomes sick or a change in its condition develops. 2) If the above requirements are met, home quarantine may only be allowed under the following circumstances: a. The owner or owner's spouse or child is the bite victim; b. The bite victim is an animal; or c. The bite victim or parent or guardian of a minor bite victim agrees to and signs an agreement form allowing home quarantine. 3) Dogs owned by the city and used actively by the police department in police work are exempt from the confinement requirements of this section if the bite incident occurs while the dog is actively involved in police work. However, such • animals will be subject to examination on the day of the bite and ten (10) days after the day of the bite by a veterinarian licensed to practice in the State of Texas and chosen by the City of Beaumont. Should the police dog become sick August 14, 2006 City of Beaumont Animal Ordinance 15 or noticeably different in behavior, the police officer responsible for the dog shall report such change in behavior to his immediate superior who shall have the dog examined immediately by a veterinarian. The veterinarian will notify the animal control division of his findings concerning the dog. Should the dog become mortally injured or die during the ten-day period after a bite it shall be delivered to the animal control division. 4) The animal control supervisor is responsible for developing forms and procedures necessary to accomplish the provisions of this section. 5) Any person who is the keeper or has custody and control of an animal shall be deemed the owner for purposes of this section. If it is determined by a veterinarian that an animal shows the clinical signs of the disease of rabies, the local health authority shall humanely destroy the animal. b) If the animal dies or is destroyed while in quarantine, the local health authority shall remove the head or brain of the animal and submit it to the nearest Texas Department of Health laboratory for testing. If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the local health authority shall release it to the owner following the quarantine period i£ 1) The owner has an unexpired rabies vaccination certificate for the animal; or 2) The animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. The owner of an animal that is quarantined under this act shall pay to the local health authority the reasonable costs of the quarantine and disposition of the animal as set out herein and the local health authority may bring suit to collect those costs. The local health authority shall destroy an animal that the owner or custodian does not take possession of on or before the third day following the final day of the quarantine. • (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 85-77, § 1, 8-6-85; Ord. No. 92-51, § 1, 7-14-92) Sec. 5-31. Vaccination. Every owner of a dog, of cat or ferret four (4) months of age or older shall have such animal immunized against rabies once every twelve (12) months by a veterinarian duly licensed to practice in the State of Texas. There shall be a fee charged for vaccinations administered at the city animal shelter. The fee shall be as provided for in section 13-16 of the Code of Ordinances. Any person moving into the City of Beaumont from a location o uts i de the city shall comply with this section within ten (10) days after having moved into the city. To prevent improper vaccination of animals against and the accidental exposure of humans to rabies, modified live virus rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to practice in this state. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-32. Inspecting dog or cat to determine immunization, right of entry therefor. The local health authority and his authorized deputies shall have the right at any reasonable time to inspect any dog or cat to determine if such animal is vaccinated as required by this article and shall have the authority, with a warrant properly issued by a magistrate, to enter any premises for such purpose, and it shall be unlawful for any person to refuse entrance to the local health authority or his deputies or to impede, obstruct or exclude such health authority or his deputies when attempting to enter such premises for the purpose of inspecting such dog or cat. • (Ord. No. 84-166, § 1, 12-18-84) August 14,2006 City of Beaumont Animal Ordinance 16 Sec. 5-33. Tag, certificate from veterinarian required. The owner or keeper of any dog or cat immunized against rabies shall procure a written certificate of vaccination on forms to be provided by the veterinarian giving an accurate description of the • animal, the date of immunization and the name and address of the owner of such dog or cat, which certificate shall be signed by the veterinarian administering the vaccine. A metal tag will be issued bearing a number corresponding to the number placed on such certificate and with lettering showing immunization, which tag shall be attached to the collar or harness of the dog or cat for which it was issued and shall be worn in a conspicuous place on the collar or harness at all times. The tag issued shall be valid for one (1) year after the date of vaccination of the dog or cat to which issued and shall be nontransferable. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-34. Removal of tag prohibited. It shall be unlawful for any person to remove any metal tag issued under the provisions of this article from any dog or cat without the written consent of the owner of such animal. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-35. Proof of vaccination. It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with enforcement of this article. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-36. Animals exposed to rabies. Any person having knowledge of the existence of any animal known to have been or suspected of having been exposed to rabies must immediately report such knowledge to the local health authority giving him any information which he may require. When any animal is known to have been or is suspected of having been exposed to rabies, the following rules shall be enforced by the local health authority: 1) Unvaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissue shall be: a. Humanely killed; or b. If sufficient justification for preserving the animal exists, the exposed animal should be immediately vaccinated against rabies, placed in strict isolation for six (6) months and given a booster vaccination one (1) month prior to release from isolation at the owner's expense. 2) Vaccinated animals which have been bitten or otherwise significantly exposed to a rabid animal shall be: a. Humanely killed; or b. If sufficient justification for preserving the animal exists, the exposed, vaccinated animal shall be given a booster rabies vaccination and placed in strict isolation for three (3) months at the owner's expense. 3) These provisions apply only to domestic animals for which an approved rabies vaccine is available. (Ord. No. 84-166, § 1, 12-18-84) Sec. 5-37. Animal health advisory committee established. a) There is hereby established an animal health advisory committee of the city to act in an advisory capacity to the city council and to the department of health concerning rules and regulations August 14, 2006 City of Beaumont Animal Ordinance 17 pertaining to the operations of the animal shelter and to make recommendations to the director of public health concerning animal control by the city. b) Such committee shall consist of six (6) members composed of the city veterinarian, the director of health, the city animal control supervisor, a representative from the city police department and two (2) individuals from the Humane Society, all of whom shall be appointed for two-year terms. c) The advisory committee shall meet as needed. (Ord. No. 84-166, § 1, 12-18-84; Ord. No. 04-097, § 1, 12-7-04) Sec. 5-38. Abatement and imminent threat; right of entry; search warrants. A. Animal Control Officers and/or law enforcement officers shall have the power to impound animals which create an animal nuisance per se for the purpose of abating a nuisance and in cases where they have reason to believe an animal has been or is being cruelly treated, has rabies or exhibits other violations of law as follows: I) On public property, in all cases; 2) On private property, if: a) The consent of the resident or property owner is obtained, b) The officer reasonably believes there is immediate and imminent danger or peril to the public or to the animal if the animal in question is not impounded, or c) Authorized by appropriate courts of law, 3) The officer has the right to pursue and apprehend animals running at large onto private property while enforcing the provisions of this chapter. • Sec. 5-39. Care and humane 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: I) Fails to provide an animal with sufficient food and water; 2) Cruelly confines an animal or forces, allows, or permits any animal to remain in its own filth and/or waste ; 3) Crops a dog's ears, docks a tail, removes dew claws, or performs other surgical procedures on a dog or cat, except as provided by the Veterinary Licensing Act by a licensed veterinarian, 4) 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; 5) Instigates or permits any dog fight, cock fight, bullfight, or other combat between animals or between animals and humans; 6) Leaves any animal unattended in any vehicle in such a way as to endanger the animal's health, safety, or welfare; 7) Throws or allows an animal to jump from a moving vehicle in a manner likely to injure the animal or; 8) Ties or tethers a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian. • August 14,2006 City of Beaumont Animal Ordinance 18 Sec. 5-40. Placement and baiting of animal traps. A. It shall be unlawful for any person to place or place and bait or to permit the placing or placing • and baiting of any trap designed for trapping animals in any highway, street, alley or other public place within the city limits unless specific permission by Animal Control has been granted. However, nothing in this chapter shall prohibit an Animal Control Officer from placing such traps on public or private property as may be necessary to capture animals running at large. B. It shall be unlawful for any person to remove, alter, damage, or otherwise tamper with a trap or equipment belonging to or set out by the Animal Control Division. Sec. 5-41. Immediate euthanasia authorized. A. The Director of Public Health, the Local Health Authority, the Animal Control Supervisor, or any person designated by either the Director of Public Health, City Manager, or City Council acting on behalf of the city, is authorized to kill or immediately euthanize any animal found at large or any impounded animal in the following circumstances: 1) The animal appears to be suffering from serious injury, pain or agony; 2) Circumstances exist which reasonably cause the Animal Control Supervisor to believe that the animal presents a serious risk to the health or safety of the public; 3) Circumstances exist which reasonably cause the Animal Control Supervisor to believe that the animal presents a serious risk to the health or safety of the animal population of the City Animal Shelter or the animal population of the city. B. The Animal Control Division may euthanize any impounded animal immediately upon declaration of evacuation of the city due to natural or man-made disasters; any quarantined animals will be handled on a case by case basis at the discretion of the Animal Control Supervisor, who is authorized to do one of the following: • 1) Humanely euthanize any quarantined animal, remove the head or brain of the animal and submit it to the nearest Texas Department of Health laboratory for testing of rabies; 2) Release the quarantined animal to the owners, requiring the return of said animal upon return. Sec. 5-42. Office of animal control supervisor established; duties; enforcement. A. The Animal Control Supervisor, any Animal Control Officer, and/or any law enforcement officer of the city shall have the authority to issue citations or file charges in Municipal Court 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 Control Supervisor, an Animal Control Officer, and/or any law enforcement officer in the performance of their duties. It shall be unlawful for any person to fail to comply with any lawful order of the local Health Director, Animal Control Supervisor, or any Animal Control Officer of the city. C. The local Animal Control Supervisor, any Animal Control Officer, and/or any law enforcement officer has the authority to enforce any and all provisions of this ordinance. D. The city shall be entitled to pursue all other criminal and civil remedies to which it is entitled to under the authority of federal, state or local law. Sec. 5-43. 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). August 14,2006 City of Beaumont Animal Ordinance 19 5 August 22, 2006 PUBLIC HEARING: Receive comments regarding the acceptance of a State Public Transportation Funding Grant Consider authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds City of Beaumont ci Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 22, 2006 AGENDA MEMO DATE: August 16, 2006 REQUESTED ACTION: Council conduct a Public Hearing regarding the acceptance of a State Public Transportation Funding Grant and consider a resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. RECOMMENDATION Administration recommends Council conduct a Public Hearing regarding the acceptance of a State Public Transportation Funding Grant and consider a resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. BACKGROUND Each year the State Department of Transportation awards transportation funding for small urban transit systems as allocated by the Texas Legislature. The City uses these funds to offset the local share of operating expenses for the Beaumont Municipal Transit System. These funds will total $403,777 for FY 2007. In fiscal years 2005 and 2006 the City received $396,895 and 433,166, respectively. ' BUDGETARY IMPACT State funding totaling $403,377 will fund part of the estimated local share cost of$1,944,124 to operate the Beaumont Municipal Transit System for FY 2007. PREVIOUS ACTION SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. WORKS S SIGN Review and discuss a revised � Minority Business Enterprise (MBE) Policy • INTER-OFFICE MEMORANDUM City of Beaumont, Texas I:LJ K City Manager's Office Date: August 18, 2006 To: City Council From: Kyle Hayes, City Manager Subject: Minority Business Enterprise(MBE) Policy The City's MBE policy was implemented in 1982 and revised in 1986. The policy was created to promote the participation of local minority owned businesses in City projects. Although we want to maintain the original spirit of the policy, we need to make technical changes so that our policy complies with the State of Texas procurement statutes. In the proposed policy the application process for certification as a City MBE has been streamlined, thus making it easier and more convenient to apply. The proposed policy includes the acceptance of certified State of Texas Historically Underutilized Businesses (HUB) vendors. The City's current MBE policy provides for a goal of 10% for construction projects exceeding $50,000 and 20% for professional service contracts exceeding $25,000. It is recommended that the goals remain the same for next fiscal year to determine how the new regulations and certified vendor list will impact the City's MBE Program. A summary of contracts awarded over the past two years,with the total MBE participation,is attached for your review. The current MBE vendor directory includes over 300 companies of which many are no longer in business. If the attached policy is approved,the Purchasing Division will notify all vendors on the list to advise them of the new policy. To maintain the integrity of this program, vendors will be required to submit a new application and recertify every two years to remain in the directory. The Purchasing Division will place the new directory on its website for easy access and will be available in the Purchasing office. In addition,all bids and proposals for construction and professional services will include the City's new policy. e Attached for your review are the following documents: 1) Proposed City of Beaumont Minority Business Enterprise (MBE) Program; 2) MBE participation for the previous two years; 10 3) Application for Certification as an MBE; 4) Applicant Letter. CITY OF BEAUMONT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM I. POLICY STATEMENT "Minority Business Enterprise"(MBE),or"Minority Business"means a business in which(a)at least fifty-one percent(51%)is owned by minority members,or in the case of a corporation,at least fifty- one percent(51%)of the stock is owned by minority members; and(b)the management and daily business operations are controlled by one or more such individuals. It is the policy of the City of Beaumont to involve local Minority-Owned Businesses(MBEs)to the fullest extent allowable by state statute in the procurement process. In order to maximize the number of certified MBEs,the City will accept the State of Texas certified Historically Underutilized Businesses(HUBs)to meet its utilization goals. II. ELIGIBILITY& OWNERSHIP Minority individuals means those individuals who are citizens of the United States (or lawfully admitted permanent residents)who are a member of one the groups listed below: A. "Asian-Indian Americans"which includes persons whose origins are from India,Pakistan, Bangladesh, Sri Lanka,Bhutan,or Nepal. B. "Asian-Pacific Americans"which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas. C. "Black Americans"which includes persons having origins in any of the Black racial groups of Africa. D. "Hispanic Americans"which includes persons of Mexican,Puerto Rican,Central or South America,or other Spanish culture or origin,regardless of race. E. "Native Americans"which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians. F. American Women, including all women of any ethnicity. - 1 - III. MBE DIRECTORY The City will maintain a directory to facilitate identification of MBEs with capabilities relevant to general contracting requirements and to particular bid solicitations. The directory is available to bidders to assist in their efforts to meet the City's MBE participation goals. IV. MBE ELIGIBILITY AND JOINT VENTURES INVOLVING MBEs To ensure that the MBE program only benefits firms owned and controlled by minority individuals, the City of Beaumont shall certify the eligibility of MBEs by verifying all documentation submitted for MBE certification. A. Determination of Ownership and Control 1. An eligible MBE shall be an independent business, and a. the ownership and control by minority persons shall be real, substantial, continuing, and shall go beyond the pro forma ownership of the firm as reflected in its ownership documents; b. the minority owners shall enjoy the customary incidents of ownership and shall share in the risks and profits commensurate with their ownership interests, as demonstrated by an examination of the substance rather than form or arrangements; C. recognition of the business as a separate entity for tax or corporate purposes is not necessarily sufficient for recognition as an MBE; d. in determining whether a potential MBE is an independent business, the City shall consider all relevant factors,including the date the business was established,the adequacy of its resources for the work of the contract,and the degree to which financial, equipment leasing, and other relationships with non-minority firms vary from industry practice. 2. The City shall safeguard from disclosure to unauthorized persons information that reasonably may be regarded as confidential business information, consistent with federal, state and local law. V. APPLICATION UPDATE A. Once certified, an MBE shall update its submission annually every two (2) years by submitting a new application or certifying that the application on file is still accurate. If at any time there is a change in ownership or control of the firm,the firm shall submit a new application within thirty(30)days of the change. B. Failure to renew every two years will result in company being removed from the directory of certified MBEs. - 2 - VI. PERCENTAGE GOALS A. Overall Goals The overall goal for the City of Beaumont's MBE program is to achieve ten percent(10%) utilization for construction contracts exceeding $50,000 and twenty percent (20%) utilization for professional service contracts exceeding$25,000. These goals shall not constitute a fixed quota. MBE participation will be calculated using the total dollar value of the contracts awarded. VII. MAINTENANCE OF RECORDS AND REPORTS A. In order to monitor the progress of its MBE program, the City shall maintain a record keeping system which will identify and assess MBE contract awards and projected goals. B. These records shall include as a minimum: 1. the number of contracts awarded to MBEs; 2. a description of the general categories of contracts so awarded; 3. the dollar value of contracts so awarded; 4. the percentage of the dollar value of all contracts awarded which were awarded to MBEs; VIII. DECERTIFICATION PROCEDURE A. Reasons for Decertification The City reserves the right to decertify an existing MBE for any of the following reasons: 1. the firm's structure has changed to the extent that the business is no longer owned or controlled by an eligible person(s); 2. the business is no longer active; 3. the business is not financially responsible; 4. the business is not competent to do the work for which it was certified in accordance with generally accepted industry standards; 5. the firm has refused or failed without good cause to perform the work for which it was certified; and is6. the business has failed to comply with the City's recertification process. - 3 - MBE PARTICIPATION CONSTRUCTION SERVICES (CONTRACTORS) CAPITAL PROJECTS & OTHERS 8/1/2004 - 7/31/2006 Project Status Contractor Project Amount of MBE %of Fees Participation Participation Central Park Tennis Courts Complete Courts-N-Stuff $104,936.00 $0.00 0% CVB Visitors Center&Office Building In Progress H.B.Neild&Sons,Inc. $1,267,082.00 $1,267,082.00 100% Cottonwood Park&Magnolia Park Improvements Complete N&T Construction Co.,Inc. $275,195.80 $275,195.80 100% Henry Homberg Municipal Golf Course Clubhouse In Progress G&G Enterprises,Inc, $666,192.00 $0.00 0% Julie Rogers Theatre Roof Repair In Progress Texas Liquitech Services,Inc. $792,100.00 $792,100.00 100% Landfill Haul Road Complete L.D.Construction $182,276.84 $182,276.84 100% Perlstein Park&Wuthering Heights Parks Walking Trails In Progress G&G Enterprises,Inc. $193,481.00 $0.00 0% Police Station Roof Replacement Complete Liberty County Roofing,Inc. $89,510.00 $0.00 0% Police Dept.Shoot House In Progress Cleveco Construction $153,800.00 $153,800.00 100% Police Dept.Range House In Progress Cleveco Construction $337,420.00 $337,420.00 100% Theodore R.Johns,Sr.Branch Library Hurricane Rita Repairs Complete McInnis Construction,Inc. $172,968.05 $0.00 0% Tyrrell Historical Library Hurricane Rita Repairs In Progress H.B.Neild&Sons,Inc. $351,300.00 $351,300.00 100% Pearl Street(Downtown Improvements) In Progress Placo,LTD. $1,994,178.15 $21,290.08 1% Phelan Boulevard Extension In Progress Allco,LTD. $4,466,198.83 $146,674.74 3% Delaware Street Extension In Progress Brystar Contracting,Inc. $4,752,418.00 $532,218.00 11% Orleans Street Complete Allco,LTD. $809,822.00 $156,547.00 19% Tyrrell Park&Downs Road In Progress L.D.Construction $1,489,564.00 $1,489,564.00 100% Twenty-Third Widening Complete Brystar Contracting,Inc. $1,751,209.00 $195,822.00 11% Virginia Street Pavement Improvement Copmplete W.B.Construction $2,598,065.00, $2,598,065.00, 100% TOTALS $22,447,716.67 $8,499,355.46 37.86% MBE PARTICIPATION PROFESSIONAL SERVICES (ARCHITECTS&ENGINEERS) CAPITAL PROJECTS&OTHERS 8/1/2004-7131/2006 Project Status Contractor Project Amount of MBE %of Fees Participation Participation Central Park Community Center In Progress Architectural Alliance,Inc. none to date $0.00 0% Science Engineering,LTD. $1,400.00 $1,400.00 100% Fittz&Shipman,Inc. $2,850.00 $0.00 0% Central Park Tennis Courts Complete Sigma Engineers,Inc. $7,350.00 $7,350.00 100% Science En ineering,Inc. $3,232.00 $3,232.00 100% CVB Visitors Center&Office Building In Progresss Sigma Engineers,Inc. $85,000.00 585,000.00 100% Science Engineering,Inc. $4,587.00 $4,587.00 100% Cottonwood Park&Magnolia Park Improvements Complete The LeBiche Architectural Group,Inc. $27,471.81 $0.00 0% Science Engineering,Inc. $4,088.00 $4,088.00 100% Lea En ineerin LLC $1,314.50 $0.00 0% Dispatch&Emergency Operations Center(DEOC) In Progress Milton Bell Associates,Inc. $150,000.00 $0.00 0% Within the Municipal Court Building Henry Homberg Municipal Golf Course Clubhouse In Progress Architectural Alliance,Inc. $52,222.80 $0.00 0% Science Engineering,Inc. $7,722.00 $7,722.00 100% Fith&Shipman,Inc. $3,950.00 $0.00 0% Julie Rogers Theatre Interior Design In Progress The LeBiche Architectural Group,Inc. $108,797.12 $0.00 0% Julie Rogers Theatre Roof Repair In Progress The LeBiche Architectural Group,Inc. $69,453.95 $0.00 0% M.L.King Jr.Park In Progress Leap Engineering LLC $21,184.74 $0.00 0% Mark Whitele &Associates Inc. $3,857.71 $0.00 0% Perlstein Park&Wuthering Heights Parks Walking Trails Complete Loop En Ineerin LLC $18,484.51 $0.00 0% Police Dept.Shoot House&Range House o In Progress The Lablche Architectural Group,Inc. $42,248.88 $0.00 0% Science Engineering,Inc. $5,893.00 $5,893.00 100% Mark Whiteley&Assoc.,Inc. $5,227.83 $0.00 0% Theodore R.Johns,Sr.Branch Library Hurricane Rita Repairs Complete Architectural Alliance,Inc. $8,848.40 $0.00 0% Tyrrell Historical Library Hurricane Rita Repaint In Progress Milton Bell Associates,Inc. $22,045.32 $0.00 0% Concord Road(Lucas to SH 105) In Progress Chlca&Associates,Inc. $753,901.67 $753,901.67 100% Hayes Gully Pitch 002 In Progress Loop Engineering,LLC $175,000.00 $0.00 0% Main Street Pavement Reconstruction In Progress Leap Engineering,LLC $289,500.00 $0.00 0% Pearl Street(Downtown Improvements) In Progress Leap Engineering,LLC $74,540.00 $0.00 0% Phelan Boulevard Extension In Progress FW2&Shipman,Inc. $192,200.00 $0.00 0% Rolfe Christopher Pavement Widening In Progress I Mark Whiteley&Associates Inc. $194.833.301 $0.00 0% F TALS $2,284,840.14 $853,151.67 37.1 a% � CITY OF BEAUMONT APPLICATION FOR CERTIFICATION AS A MINORITY BUSINESS ENTERPRISE (MBE) c This application is used to request the City of Beaumont's certification as a Minority Business Enterprise(MBE). Mail completed form to: City of Beaumont MBE Program Purchasing Division P. O. Box 3827 Beaumont, TX 77704-3827 or it may be delivered to: City Hall, 801 Main St., Suite 315, Beaumont, Texas. For additional information,you may call the City of Beaumont's Purchasing Division at(409)880-3720. r Instructions Complete each item on this application. If an item is not applicable, enter "n/a" as a response. Applications that are incomplete, not signed, or notarized may be returned,thus delaying the MBE Program's review of your application. Other Certification If you are currently certified through the State of Texas as a Historically Underutilized Business (HUB)you are not required to complete this application. However,to ensure that you are listed in the City of Beaumont's MBE directory,it is recommended 10 hat you complete items 1 through 8 and submit a copy of your HUB certification with this application. 1. Federal Employer's Identification Number(EIN): Provide the 9-digit EIN assigned to you for the purpose of filing your business'federal income tax returns with the Internal Revenue Services(IRS). Attached is a W-9 Request for Taxpayer Identification Number and Certification. This must be completed and returned with your application. 2. Business Structure -Check the appropriate box that identifies your business structure. • Sole Proprietorship ❑ Corporation ❑ Limited (Liability) Partnership • Partnership ❑ Joint Venture ❑ Limited (Liability)Company If Sole Proprietorship,provide copy of assumed name certificate and state license,if applicable. If Partnership,provide copy of partnership agreement,assumed name certificate,and state license,if applicable. If Corporation,provide copy of articles of incorporation,by-laws,board of directors,assumed name certificate,and state license,if applicable. If Joint Venture,provide copy of joint venture agreement,assumed name certificate,and state license,if applicable. 3. Business Name, Mailing Address and Physical Address Information - Include physical address, if different from mailing address. Business Name: Mailing Address: City: State Zip County Physical Address: City: State Zip County 4. Internet Web Page/URL Address (if applicable): 5. E-Mail Address (if applicable): Business Phone No.: ) Business Fax No.: ) Cell Phone No.: ( ) Pager No.: ( ) 7. Business Category Description: Check the box(only one)that best identifies the services provided by your business and is the primary source of gross revenue receipts for your business. ❑ (01)-Heavy Construction other than Building Construction ❑ (05)-Architectural/Engineering and Surveying ❑ (02)-Building Construction, ❑ (06)-Other Services including Legal Services including General Contractors&Operative Builders ❑ (07)-Commodities Wholesaler/Reseller ❑ (03)-Special Trade Construction ❑ (08)-Commodities Manufacturer ❑ (04)-Financial and Accounting Services ❑ (09)-Medical Services Principal Line of Business -Provide a brief description of the products and/or services provided by your business. 8. Year Business Established: 9. Ownership-Provide the name,title,9-digit Social Security Number(SSN)or Federal EIN,and percentage of ownership interest of all individuals and business entities having an ownership interest in your business. Identify each individual's ethnicity by using the following Ethnic Group Codes: AS - Asian Pacific Americans Al - Native Americans . BL - Black Americans WO - American Woman HI - Hispanic Americans Identify each individual's gender by using the following Gender Code: Female-"F" OR Male-"M". Based on a 40-hour work week, identify the number of hours each owner is present at the business' physical address during the regularly established business hours, actively participating in the daily activities of the business operations. Name(First, MI, Last) Title EIN or SSN %of Ethnicity No.of Ownership /Gender Hours 10. Business Responsibilities - Provide the name and title of the individual(s) ultimately responsible for the functions identified below. Functions Name(First, Last) Title Negotiate and Sign Financial Contracts Supervision of Day-to-Day Operations 11. Required Documentation to Substantiate MBE Eligibility (DOCUMENTS MUST BE SUBMITTED WITH YOUR APPLICATION.) -As part of the submission of your completed MBE certification application,you are required to submit copies of documentation to substantiate that your business meets the MBE eligibility. 2. Affidavit of Eligibility-As evidence of my signature below, I attest that the business entity identified above in Item 3 meets the City of Beaumont's eligibility requirements. I agree to provide all materials and information necessary to identify and explain the operation of the above named business and hereby permit, if required, the audit and examination of its books, records, and files. I understand that any material misrepresentation of data for MBE certification may result in immediate removal from the MBE Directory. I further certify that my responses to the questions above and any information I have provided is a complete and accurate statement of the facts. If there are any changes regarding the information contained or incorporated in this affidavit, I will notify the City of Beaumont within thirty(30)days of such changes. PRINTED NAME of Eligible Applicant SIGNATURE of Eligible Applicant with Majority Ownership Interest with Majority Ownership Interest Subscribed and sworn to me the undersigned Notary Public on this day of , V ear Notary Public's Signature and Stamp/Seal My Commission expires on: DOCUMENTATION REQUIREMENTS FOR MBE CERTIFICATION WOTE: 1) Applicants are required to provide clear and legible copies of the documents listed below. 2) Please read each item carefully. 3) Provide documentation in the order listed below. • Proof of U.S. citizenship and ethnicity for the eligible applicant. Proof of U.S. Citizenship and ethnicity may be in the form of a birth certificate or the Bureau of Citizenship and Immigration Services' Certificate of Citizenship/Naturalization or the Tribal Registration Certificate* of an entity recognized by the Bureau of Indian Affairs. (*Tribal Registration Certificates are applicable to Native Americans only.) • Official Photo Identification for the eligible applicant. Official photo identification may be in the form of a valid State Drivers License/lD or the Bureau of Citizenship and Immigration Services' Certificate of Citizenship/Naturalization or the Tribal Registration ID Card of an entity recognized by the Bureau of Indian Affairs.* (*Tribal Registration ID cards are applicable to Native Americans only.) • Proof of residency for the eligible applicant. Proof of residency may be in the form of a valid Drivers License/ID or a valid Voter's Registration Card or a current Property Tax Statement. • Federal income tax return Schedule C Form 1040 most recently filed with the Internal Revenue Service (IRS) for the business. If this firm is a new business which has not filed a federal income tax return with the IRS, the eligible applicant is required to provide the most recent quarterly financial statement and a minimum of three (3) customers or clients' names and contact information. • Assumed Name Certificate of an Unincorporated Business verifying that your business is registered with the County. • Current bank signature card or a signed letter from the business' banking institution identifying the 1) business name, 2) primary checking account number, and 3) all individuals who are recognized as authorized signature on the account. • Three (3) canceled checks (front and back)that have cleared the business' primary checking account number within the last six (6) months and were signed by the eligible applicant. Note: Bank statements that include images of cancelled checks signed by the eligible applicant are sufficient. • Current State of Texas Sales and Use Tax Permit. If not applicable, check this box. ❑ • Current professional licenses and permits. If not applicable, check this box. ❑ • Current signed business site lease agreement, including amendments and renewals. Note: If you are the owner of the property on which the business operates and there is no formal written lease agreement in effect, you are required to provide a copy of the most current County tax appraisal statement fro the property. NOTE: All information submitted in conjunction with an MBE application is exempt from Public Disclosure. Form 'fir`s'-�e 7 (Rev. December 1996) Request for Taxpayer Give form to the oe nlc., Treasury Identification Number and Certification requester Do NOT krterriar Revenue senrice send to the IRS. Name(If a joint account or you changed your name,see Specific Instructions on page 2.) `o Business name,if different from above.(See Specific krstructions on page 2.) Check appropriate box: [:] Individual/Sole proprietor E] Corporation Partnership Other ► -------------------------------------- Address(number,street,and apt.or suite no.) Requester's name and address � (optional) a City,state,and ZIP code ' • Taxpayer Identification Number (TIN) ust account number(s)here(optional) Enter your TIN in the appropriate box. For Individuals, this Is your social security number �,I security number (SSN). However,if you are a resident alien OR a sole proprietor, see the instructions on page 2. For other entities, It is your employer Identification number(EIN). If you do not have a OR For Payees Exempt From Backup number,see How To Get a TIN on a 2. Withholding page Employer idew fi�nmw-nb- ng (Se e the instructions Note: If the account is in more than qm name, on page 2.) see the chart on.page 2 for guidelines on whose number to enter. ► Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because: (a)I am exempt from backup-withholding,or(b) I have not been notified by the Internal Revenue Service ORS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions.—You must cross out item 2 above if you have been notified by the IRS that you are currently/subject to backup Owithholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement ngement ORA),and generally,payments other than interest and dividends,you are not required to sign the Certification, but you must ide your correct TIN. (See the instructions.on page 2.) Sign Here Signature ► Date ► Purpose of Form.—A person who is include interest, dividends, broker and 5.You do not certify required to file an information return with barter exchange transactions, rents, required. See the Part III Instructions on the IRS must get your correct taxpayer royalties, nonemployee pay, and certain page 2 for details. identification number(TIN) to report,for payments from fishing boat operators. Real example, income paid to you, real estate estate transactions are not subject to Certain payees and payments are transactions, mortgage interest you paid, backup withholding. exempt from backup withholding. See the acquisition or abandonment of secured Part II instructions and the separate property, cancellation of debt, or If you give the requester your correct Instructions for the Requester of Form contributions you made to an IRA. TIN, make the proper certifications, and W-9. report all your taxable interest and 'Use Form W-9 to give your correct TIN dividends on your tax return, payments Penalties to the when applicable, to it(the requester) withholding. Payments you reccto e backup Failure To Furnish TIN---If you fail to and,when a livable, to: 1.Certify the TIN you are giving is subject to backup withholding if furnish your correct TIN to a requester,you correct(or you are waiting for a number to 1.You do not furnish your TIN to the are subject to a penalty of•$50 for each be issued), requester,or such failure unless your failure is due to 2. Certify you are not subject to backup 2.The IRS tells the requester that you reasonable cause and not to willful neglect. withholding,or furnished an incorrect TIN, or Civil Penalty for False lttformation With 3. Claim exemption from backup espect to Withholding.—If you make a p 3.The IRS tells you that you are subject false statement with no reasonable basis withholding if you are an exempt payee. to backup withholding because you did not that results in no backup withholding, you Note: if a requester gives you a form other report all your interest and dividends on are subject to a $500 Penalty. than a W-9 to request your TIN,you must your tax return (for reportable interest and Crirrrirtal phi for Falsifying use the requester's form if it i5 substantially .dividends only), or Crkninall Pe Willful falsifying Falsifying similar to this Form W-9, 4.You do not certify to the requester certifications or affirmations a subject What Is Backup Withholding?—persons that you are not subject to backup you to criminal penalties including fines king certain payments to you must withholding under 3 above(for reportable and/or imprisonment. hold and pay to the IRS 31%of such Interest and dividend accounts opened the requester Misuse of TFNs.—If yments under certain conditions. This is after 1983 only), or discloses or uses If the in violation of called "backup withholding." Payments Federal law, the requester may be subject that may be subject to backup withholding to civil and criminal penalties. Cat. No.10231X Form W-9 (Rev. 12-96) City of Beaumont Dear Applicant: The Purchasing Division of the City of Beaumont administers and certifies the Minority-Owned Business Enterprise(MBE)Program. The certification program is designed to involve Minority-Owned Businesses to the fullest extent allowable by State statute in the procurement process and to provide opportunities to compete for contracts for construction and professional services. In order to maximize the number of certified MBEs,the City will accept State of Texas certified Historically Underutilized Businesses (HUB). The City maintains a separate list of vendors that are certified and distributes the list to general contractors for construction bids and professional services. In addition, all vendors are placed on the City's bid list for notification of bids. If you are not a City-certified MBE or HUB certified, and wish to be included in the City's MBE directory, we encourage you to complete and submit the enclosed application. Mail your completed application, including supporting documentation to: City of Beaumont Purchasing Division 801 Main St., Ste. 315 Beaumont, TX 77701 Incomplete applications may take longer to process. If your application is not signed, notarized and accompanied by supporting documentation, it is considered incomplete. Thank you for your interest in the City of Beaumont's MBE program. If you have any questions or need assistance completing your application, please contact the Purchasing Division at (409) 880-3720. Respectfully, City of Beaumont Purchasing Division Purchasing Division • (409) 880-3720 • Fax (409) 880-3747 P.O. Box 3827 • Beaumont, Texas 77704-3827