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