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HomeMy WebLinkAboutOctober 10, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL October 10, 2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in Closed Session on Tuesday, October 10, 2006 at 4:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas to consider the specific item listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1. Closed Meeting: The City Council will convene in closed session on this item in the City Manager's Conference Room. A. Consultation with Attorney - Under Texas Government Code Section 551.071 1. Legal advice concerning public information requests and other legal matters related thereto. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF S551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, S551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION S551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Following the completion of the Closed Session, the Council will convene in a 2nd Tuesday Session at which the following items will be considered: NOTE: A 2nd Tuesday Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a 2nd Tuesday Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Councilor City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although 2nd Tuesday Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed City of Denton City Council Agenda October 10, 2006 Page 2 action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Reports from Council members regarding information received at various committee, board, or organization meetings attended by Council members. 2. Receive a report, hold a discussion, and give staff direction regarding proposed changes to Chapter 6 of the Code of Ordinances relating to animals. 3. Receive a report, hold a discussion and give staff direction related to abandoned trash and debris at the curb of vacant properties. 4. Receive a report, hold a discussion and give staff direction on the possible annexation of land located southwest of the City of Denton. The approximately 23.84 acre parcel is generally located at the northwest corner of I 35W and Robson Ranch Road. The parcel is a tract of land situated in the E. Pizano Survey Abstract No. 994, Denton Texas and being a part of tract of land described in a deed to Robson/35W Investors LP as recorded in County Clerk's File No. 02-63784. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2006 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: October 10,2006 DEPARTMENT: Police ACM: Jon Fortune II SUBJECT Receive a report, hold a discussion, and give staff direction regarding proposed changes to Chapter 6 of the Code of Ordinances relating to animals. BACKGROUND Members of the Denton Humane Society contacted Animal Services Staff and Council Member Kamp about some proposed ordinance revisions they wanted the City of Denton to consider. Council member Kamp requested a staff review of these suggestions. Further, Animal Services Staff had several revisions to propose for Council direction. The following information outlines the proposed ordinance revisions and amendments. A comprehensive Matrix of these ordinance proposals, including the general positive and negative aspects, is attached as Attachment 1. Attachment 2 provides a sample ordinance including the proposed changes. Finally, Attachment 3 provides a comprehensive fee ordinance that reflects these proposed changes as well as those fee changes presented to Council at the May 16, 2006 Work Session. Advisory Board Under Chapter 823.005 of the Texas Health and Safety Code, the City is required to appoint an Advisory Board for the Animal Shelter. The code further mandates prerequisites for four of these board positions: licensed veterinarian, city official, shelter worker, and animal welfare representative. Under City ordinance, the animal shelter advisory board consists of these four positions, plus three additional "at large" positions. Each position is nominated by a Council place for a two-year term. Currently, all boards and commission members are required by City ordinance to be residents of the City of Denton. This amendment would alter the residency requirement for the licensed veterinarian and the shelter staff member. The licensed veterinarian would be required to either reside in the city limits, or have an established practice inside the city limits. The purpose for having the licensed veterinarian on the board is to seek their expertise as a veterinarian, and their residency is less of a factor. The amendment would also designate that the shelter employee be an employee of the City of Denton Animal Shelter and eliminate the residency requirement for that member. Like the veterinarian, the purpose of having this position filled by a shelter employee is to rely on their expertise in the shelter. Currently, the Animal Services staff has only two employees that reside in the city. It is conceivable that there could be a time where no staff members reside in the city limits, thus posing a serious concern for adhering to the Health and Safety Code requirements. Agenda Information Sheet October 10, 2006 Page 2 Recommendation: Staff recommends adjusting the residency requirements for the veterinarians to allow for the appointment of a veterinarian that either resides or has an established practice within the city limits. Staff also recommends requiring the shelter employee appointed to the board be an employee of the Denton Animal Shelter and eliminating the residency requirement for the shelter employee. Restraining Animals - Use of Tethers A tether is a rope, chain, or similar device used to attach a dog to an inanimate object, such as a post, tie-down, or tree. The intent is to secure the animal from roaming freely, and to contain it in a limited area. While tethers are often employed with good intentions, they can create a number of problems. Dog's typically claim and mark out specific territory, such as a fenced backyard. The dog will often move to defend that territory from anything seen as dangerous or invasive. When a dog is tethered to an inanimate object, the dog's territory is limited. Research indicates that the smaller the dog's territory, the more aggressive the dog will be in defending it. In many cases, dogs are secured using 3' - 4' tethers. This limited space further enhances the dog's need to defend its territory. In short, tethering a dog on a short tether will tend to make the dog react more aggressively to an "invader". Related to the use of the tether in general is the manner in which the tether is attached to the dog. Any leash or tether should be attached to an appropriate collar or harness. When a leash or tether is attached directly to the dog, by wrapping it around the dog's neck, the tether will tighten around the throat of the dog when pulled. This is harmful to the dog and will tend to make the dog react more aggressively. Finally, the weight of the tether is also a concern. Tethers that weigh too much are harmful to the dog, as they often cut in to the neck over time. This amendment to the ordinance would require the owner or person in care, custody or control of a dog to use a proper tie-out for dogs if they will be secured in that manner. A proper tie-out for a dog involves the use of a sufficient length tether (10'), attached to swivels at both ends, secured to the dog by properly fitted collar or harness, and attached to a pulley or trolley mounted cable that is not more than 7 feet off of the ground. This set up allows the dog the freedom to move while not becoming tangled in the line. The tether or tie out should not weigh more than 1/8 of the dog's body weight. The tie-out should provide the dog with easy access to food, water, shelter, and sufficient room to exercise. Finally, this ordinance would require that any type of tie out or tether be restricted to use only inside a fenced area. This is necessary to prevent people from easily approaching a tethered dog. People often mistakenly assume that a tethered dog is friendly. Given the research on tethering, this amendment is necessary to further protect the general public. Recommendation: Staff recommends adoption of the tethering ordinance. Agenda Information Sheet October 10, 2006 Page 3 Restraining Animals - Riding in Truck Beds Dogs are often seen riding in the beds of trucks or other "open" vehicles, such as convertibles, jeeps, and flatbed trucks. These dogs appear to be enjoying their ride. Typically, these dogs are not restrained or secured, and other motorists wonder how the dog manages to not fallout going down the road. While many of these trips often end positively, there are cases where they do not. When a vehicle is forced to stop suddenly or is involved in an accident, unsecured items in an open vehicle can be tossed out of the vehicle. There have been cases where dogs have been ejected from the bed of a truck in an accident or sudden stop. This is obviously harmful to the dog, but it also creates the potential for additional accidents as other drivers move to avoid hitting the dog. These types of ordinances are currently in effect in several area cities, such as Piano, Arlington, and Flower Mound. Recommendation: Staff concurs that the practice of transporting unrestrained animals in the open bed of trucks or other open vehicles poses a potential threat to the animal, but staff does not recommend this ordinance at this time. There have been no reported instances of animals being ejected at accidents in the city of Denton. Further, the enforcement of this ordinance would fall on the Police Department, as Animal Services Officers are not authorized to make traffic stops. In light of the fact that there have been no reports of animals being ejected from vehicles, staff does not believe the ordinance is warranted at this point. Rabies Vaccinations Currently, several provisions in the City ordinance require annual rabies vaccinations on dogs, cats, and ferrets. Veterinarian medicine recognizes that properly administered rabies vaccinations can be effective for up to three years. In order to be effective for this time period, the animal must receive the vaccinations with in set time periods. This amendment to the wording in the current ordinances would require the owner of a dog, cat, or ferret to provide proof of current and valid rabies vaccinations, where applicable, as certified by a licensed veterinarian. This would eliminate any reference to a set timeframe and leave that determination to the licensed veterinarian. Recommendation: Staff recommends amending the wording of the ordinance. This change will allow staff to accept both the annual and three-year rabies vaccinations. Protective Custody In some cases, animals are taken to the shelter and held for protective custody. These cases typically involve animals that are present when the owner is incapacitated or unable to continue caring for the animal, like when the owner is involved in a motor vehicle accident or is placed under arrest. Currently, City ordinance provides that the animal will be held for 7 days. All other animals (not quarantined for rabies exposure) are held for 96 hours before they are made available for adoption, transfer, or humane euthanasia. This change would Agenda Information Sheet October 10, 2006 Page 4 reduce the mandatory holding time on these protective custody cases to 96 hours, unless the owner makes arrangements with staff for additional holding time. Staff already makes transfers to veterinarian offices or other holding facilities at an owner's request. Staff also will work with owners to release animals to other people authorized by the owner while they are not able to personally pick up the animal. This change primarily will affect those animals that are picked up under this provision and are not reclaimed by the owner. The reduction in holding time will allow these animals to become available for adoption or transfer several days earlier. Recommendation: Staff recommends amending the protective custody holding time to 96 hours. This will make holding times uniform other than rabies quarantine. This change will help alleviate some of the overpopulation in the shelter and make animals available to the public in a shorter time. Prohibited Animals - Definition This amendment would add bats to the list of animals that are prohibited to own or possess within the city limits. Bats are a known carrier of rabies, and they are prohibited in most cities. The amendment would also provide a general clause authorizing Animal Services to prohibit other animals not specifically listed, but that are determined to be a threat to public health and/or safety. The clause would read: "The Animal Services Supervisor may declare any species of animal not listed in this definition as prohibited if the confinement of the animal with the City of Denton can be shown to constitute a threat to public health and/or safety." Recommendation: Staff recommends adding bats to the list of prohibited animals. Staff also recommends adding the general clause that will cover dangerous animals not specifically listed in the definition. Prohibited Animals - Authorization to Impound The amendment would authorize Animal Services Officers to impound any animal listed in the definition of prohibited animals that is located within the city limits. Currently, there is no authority given to impound these animals. When a prohibited animal is found in the city limits, officers can issue a citation to the owner. However, the officer cannot take custody of the animal if the owner refuses to remove it from the city limits. With this amendment, Animal Services Officers would be able to impound and hold these animals until the owner can make arrangements to relocate the animal outside the city limits. Recommendation: Staff recommends authorizing the impoundment of prohibited animals found inside the city limits. This will expand the options available to Animal Services Officers when dealing with these cases and allow them to take a course of action that best serves the interests of public safety. Agenda Information Sheet October 10, 2006 Page 5 Animal Auctions/Prizes The use of animals as auction items or prizes for fundraising activities seems to be a growing practice. As a means of raising public donations, organizations provide a cute puppy or kitten as an auction item or as a prize in a contest. On its face, the concept seems fairly innocuous. However, there needs to be much more thought put in to a decision to take in a puppy, kitten, dog, or cat. People at fundraising events are attempting to help the organization that is in need of money. The idea of taking in a new pet should be an involved process that looks to match up the person's environment with the right type of animal. This amendment would prohibit the auctioning or offering of any dog or cat as a part of a fundraising activity. This would not prohibit an organization from auctioning a ticket or other pre-paid voucher that would allow a person to select and adopt an animal of their choosing from a shelter, rescue group, or other establishment that routinely offers such animals for sale to the public. Recommendation: Staff recommends the prohibition of using animals for prizes or auctions. Registration of Animals - Micro chipping Current City Ordinance concerning the registration of dogs and cats requires the owner to register the animal annually and to have the tag displayed on the animal when outdoors. Most stray animals that are picked up are not wearing a collar or tags. They either did not have them on or they lost them when they escaped. Without these tags, the probability that the animal can be returned to the owner diminishes drastically. Over the past few years, the use of microchip identification tags has seen a dramatic increase in popularity. These microchips contain owner information that make it much easier to identify where the pet belongs. Current annual registration for a dog or cat is $4.00. This amendment would eliminate the fee for annual registration of micro chipped animals. This change should serve to encourage micro chipping, thus increasing the likelihood that stray animals that are picked up can be returned to their home. Recommendation: Staff recommends waiving the annual registration fee for animals that have been micro chipped. Registration of Animals - Intact Fee Currently, the City of Denton charges an annual registration fee of $4.00 for dogs, cats, and ferrets that have been sterilized. This fee increases to $10.00 if the animal has not been sterilized, also referred to as "intact". The purpose of the higher fee is to encourage owners to have their pets spayed or neutered. Area cities have these same provisions, but many have increased the intact fee to further encourage sterilization. The intent is to help reduce the animal overpopulation by increasing spaying and neutering. This amendment to the fee ordinance would increase the annual "intact" fee from $10.00 to $25.00. Agenda Information Sheet October 10, 2006 Page 6 Recommendation: Staff recommends the increase in the annual registration fee for animals that are able to procreate. Given the annual increase in the shelter population, this change will help to encourage owners to spay or neuter their animals. Respectfully submitted, ~ """' : :-:-; .:::::':!:: .. :-. -. ....~. .~ : :~" :. ." -~:: .~. T,.~". r. :: : ,0;.;: .. . . -.. - . ... . ~ .. . ... ." . . --~-, ili",tl.:r Charles Wiley Chief of Police Prepared by: Lt. Scott Fletcher Operations Bureau rIJ. QJ bI.l = ~ ~ U QJ ~ = ~ = .- ~ :- o ~ ....... = QJ e ~ ~ ~ ....... ....... -< rIJ. 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AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 6 RELATING TO ANIMALS BY AMENDING SECTION 6-2 TO INCLUDE BA TS IN THE DEFINITION OF PROHIBITED ANIMALS AND INCLUDE A DEFINITION FOR TETHERING; BY AMENDING SECTION 6-6 TO PROVIDE THAT THE ANIMAL SHELTER EMPLOYEE SHALL WORK FOR THE CITY OF DENTON ANIMAL SHELTER; BY AMENDING SECTION 6-8 TO PLACE LIMITATIONS ON TETHERING AND TRANSPORTING ANIMALS; BY AMENDING SECTIONS 6-13, 6-14 AND 6-17 TO REFLECT CHANGES IN STATE LAW REGARDING RABIES VACCINATION REQUIREMENTS; BY AMENDING SECTION 6-14 TO WAIVE REGISTRATION FEES FOR ANIMALS WHICH ARE STERILIZED AND MICROCHIPPED; BY AMENDING SECTION 6-16 TO REDUCE THE HOLDING PERIOD FOR PROTECTIVE CUSTODY IMPOUNDS FROM 7 DAYS TO NINETY-SIX (96) HOURS; BY AMENDING SECTION 6- 30 TO ALLOW FOR IMPOUNDMENT OF PROHIBITED ANIMALS AND TO ESTABLISH TIME FRAMES FOR REDEMPTION OR DISPOSITION OF THE PROHIBITED ANIMAL; BY ADDING SECTION 6-32.1 TO PROHIBIT CERTAIN ANIMAL AUCTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by amending Section 6-2 "Definitions" to add bats to the definition ofprohibited anima/and to add a definition for tethering. Section 6-2 shall read as follows: Sec. 6-2. Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanIng. Abandon means to leave without human supervision, unattended, and without adequate provisions, for an unspecified amount of time. Animal means all living creatures, excluding human beings, and where applicable includes birds, fish, mammals, and reptiles. Animal control qjJlcer means the person employed by the city to represent and act for the city in the impoundment of animals, controlling of stray animals, enforcement of this chapter and applicable state regulations, and as otherwise authorized herein. C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc Animal control center or shelter means a city-operated or designated facility for the impounding and caring of animals held under the authority of this chapter. Animal waste means feces, urine, litter, bedding, spoiled food, or other animal matter that causes foul odors, attracts vermin or encourages their reproduction. At large or running at large means an animal not kept within an enclosure or fenced area or restrained by a leash of sufficient strength and length to control the actions of said animal. Lluilding means any structure or enclosure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament or use. Cat means an animal of the feline species, both male and female. Circus or carnival means a commercial variety show featuring animal acts for public entertainment. Ci(y means the City of Denton, Texas. Commercial Kennel means any premise wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats. Dangerous animal means a dog that makes an unprovoked attack on a person, or a domestic animal, that causes bodily injury. Dog means an animal of the canine species, both male and female. Domestic animal means all species of animals commonly and universally accepted as being domesticated. Equestrian developments means residential developments which are designed to accommodate equestrian activities and which provide such facilities as community stables, riding rings, pastures, and riding trails. In addition, private stables may be located on individual residential lots. Estray means any stray livestock. Ferret means a domesticated animal of the putorious family, both male and female. Fowl means any species of feathered animals which are normally suited for, or kept or used on, a farm, a ranch, or similar setting for agricultural purposes such as food or food production, animal husbandry, and production of clothing material, commerce, or other similar purpose, regardless of age, breed, or sex, unless stated herein, or determined by the animal control officer. The following and similar species shall be considered to be fowl regardless of age, breed, or sex, unless otherwise stated herein or determined by the animal control officer: chickens, ducks, game hens, geese, guineas, peafowl, pheasant, quail, swans, and turkey. Habitation means a structure that is adapted for the overnight accommodation of persons. Harbor means the act of keeping and or caring for an animal or of providing premises to which the animal returns for food, shelter, or care, for a period of at least three days, or protection from impoundment. /{ybrid means the offspring of two animals of different species. Page 2 of 10 C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc LivestocK means any species of animals which are normally suited for, or are kept or used on, a farm, ranch or similar setting for agricultural purposes such as animal husbandry, food or food production, production of fiber or clothing material, riding, driving, pulling, hauling, commerce, or similar purpose. For purposes of this chapter, the following or similar species of animals shall be considered to be livestock, regardless of age, breed, or sex, unless otherwise stated herein or determined by the animal control officer: bovine, equine, goats, sheep, swine. Owner means any person owning, keeping or having custody or control of, or who has primary responsibility for the care of, or right of property in, an animal. Police canine means any dog trained or being trained for law enforcement purposes, which is under the care, custody, and control of a law enforcement officer. PossessIon means actual care, custody, control or management of an animal. Premises means any parcel of land that is owned, leased, or otherwise controlled by a person. Prohibited animal means any species of animals whose sale, display, or possession within the city limits is unlawful. The following or similar species of animals, including their hybrids, shall be considered prohibited: (1) Class Reptilia. Family Helodermatidea (the venomous lizards); family Viperidae (rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas); family Colubridae--Dispholidus typuss (boomsland), Cyclagras gigas (water cobra) and Bioga dendrophila (mangrove snake) only; order Phidia (racers, boas, water snakes and pythons); order Crocodilia (crocodiles, alligators, caimans and gavials); (2) Class Aves. Subdivision Ratitae (such as ostriches, rheas, cassowaries and emus ); (3) Class Afammalia. Order Chiroptera, including bats; Order Carnivora, family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; family Canidae (such as wolves, dingos, coyotes and jackals), except domesticated dogs; family mustelidae (such as weasels, martens, minks, badgers), except domesticated ferrets; family Procyonidae (raccoons; family Ursidae (such as bears); Order Marsupialia (such as kangaroos and common opossums); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as antelope, deer, bison and camels). Prohibited animal does not mean a psittacine bird, canary, finch, hamster, guinea pig, rat, mouse, gerbil, or reptile families Leptotyphlopidae and Colubridae. Protective custoc(y impound means the impoundment of an animal as the result of a fire, medical emergency, hospitalization, custody arrest, or other natural or manmade situation that leaves the owner, harborer or person otherwise in possession of animal incapable of maintaining control of, or caring for, the animal. Page 3 of 10 C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc Public place means any place to which the public or a substantial group of the public has access and includes but is not limited to streets, sidewalks, highways, alleyways, parks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. {}uarantine means the strict isolation of a biting animal or animal suspected of being rabid in a closed cage or pen in a manner that prevents physical contact between the animal and all other animals and humans. Sterilization means the surgical removal of the reproductive organs of an animal to render it unable to reproduce. Stray animal means any animal for which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the city. Strict isolation means to confine an animal in a closed cage or pen in a manner which prevents physical contact with other animals or people for a period of time specified by the animal control officer. Tethered means an animal attached to a stationary object by a chain, cable or similar device commonly used for the size and type of animal involved. An animal is not considered tethered when the animal is attached to a stationary object, as long as the owner or custodian is physically within reach of the animal. Any tethering device used to tether an animal must bye at least 10 feet in length. raccinated means an animal properly injected by a licensed veterinarian with a rabies vaccine licensed for use in that species of animal by the United States Department of Agriculture (USDA). f7ermin means flies, ticks, fleas, lice, rats, mosquitoes or other small animal or insect which may be annoying, destructive, or injurious to health. SECTION 2. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by amending Section 6-6 "Animal shelter advisory committee- Creation" to specify that the animal shelter employee shall work for the City of Denton Animal Shelter. Section 6-6 shall read as follows: Sec. 6-6. Animal shelter advisory committee--Creation. (a) There is hereby established and created the animal shelter advisory committee to be composed of seven (7) members who shall meet the following qualifications: (1) One (1) licensed veterinarian; (2) One (1) city official; (3) One (1) person who is employed by the City of Denton Animal Shelter; (4) One (1) representative of an animal welfare organization; and (5) Three (3) people who are not involved by occupation or membership in any of the above categories. Page 4 of 10 C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc (b) Each member shall serve a term of office of two (2) years from the date of his or her appointment, and terms shall be staggered. SECTION 3. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by amending Section 6-8 "Restraining animals" to be re-named "Restraining animals, tethering animals, and transporting animals" and to set up limitations and restrictions on tethering and transporting animals. Section 6-8 shall read as follows: Sec. 6-8. Restraining animals, tethering animals, and transporting animals. (a) It shall be unlawful for the owner, harborer, or person in possession of any animal to permit the animal run at large in the city or to trespass upon the premises of any other person. (b) It shall be unlawful for the owner, harborer, or person in possession of any animal to leave the animal unattended in a public place regardless of whether or not it is restrained by a leash. ( c ) It shall be unlawful for the owner, harborer, or person in possession of any animal to leave the animal restrained by a leash and unattended in any manner that allows the animal to enter the private property of another without the effective consent of the owner. (d) Subsections (a) through (c) do not apply to police canines. (e) It shall be unlawful to restrain a dog by a fixed point chain or tether unless the chain or tether is at least 10 feet long, has swivels at each end, and is attached to a pulley or trolley mounted cable that is mounted no more than seven feet above ground level. (f) It shall be unlawful to restrain a dog with a chain or tether shall attach the chain or tether to a properly fitted collar or harness worn by the dog. A person may not wrap a chain or tether around a dog's neck. A person may not restrain a dog with a chain or tether that weighs more than 1/8 of the dog's body weight. (g) It shall be unlawful to restrain a dog in a manner that does not allow the dog to have access to necessary shelter and water. A chain or tether used to restrain a dog must, by design and placement, be unlikely to become entangled. (h) It shall be unlawful for a person transporting an animal to fail to effectively restrain an animal so as to prevent the animal from leaving or being accidentally thrown from a vehicle during normal operation of the vehicle; or to fail to effectively restrain an animal so as to prevent infliction of bodily harm to passersby. The provisions of this subsection shall not prohibit a person from transporting an effectively confined or tethered dog in the open bed of a pickup truck. SECTION 4. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by amending Section 6-13(c) "Vaccination of cats, dogs, and ferrets" to require proof of valid rabies vaccination in compliance with all State laws. Section 6- 13( c) shall read as follows: Page 5 of 10 C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc Sec. 6-13. Vaccination of cats, dogs, and ferrets. (c) All such cats, dogs, or ferrets shall be revaccinated at intervals approved and accepted by the veterinarian community. The owner shall provide sufficient proof to the Animal Services Unit of the City of Denton of valid rabies vaccination in compliance with all State laws. Any person establishing residence within the City of Denton shall comply with this section within ten (10) days of establishing such residency. SECTION 5. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by amending Section 6-14 "Registration of cats, dogs, and ferrets required" to require proof of valid rabies vaccination in compliance with all State laws and to waive the registration fee for animals which are sterilized and microchipped. Section 6-14 shall read as follows: Sec. 6-14. Registration of cats, dogs, and ferrets required. a) Every owner of a cat, dog, or ferret, which is four or more months of age and is kept in the city, shall register the animal with the animal control center. (b) In order to register a cat, dog, or ferret, the owner, or his designee, shall: (1) Provide a current rabies vaccination certificate issued by a licensed veterinarian that contains identifying information regarding the animal including, but not limited to, breed, sex, and sterilization information; (2) Present a valid picture identification card issued to him by a state; and (3) Pay a registration fee as established by the city council and maintained on file in the office of the city secretary. (c) Upon registration, the animal control center shall execute and furnish to the owner of the cat, dog or ferret as evidence thereof, a certificate of registration and a tag that contains a serial number to correspond with the registration certificate number. The owner shall place the registration tag on the animal's collar or harness while the animal is outside the owner's residence. If the tag is lost or destroyed, the owner shall obtain a duplicate upon payment of a fee established by the city council and on file in the office of the city secretary. (d) It shall be unlawful for a person to knowingly possess a dog, cat, or ferret that has not been registered as prescribed by this section. (e) It shall be unlawful for a person to knowingly use a certificate of registration or tag of any dog, cat, or ferret other than the one for which it was issued. (f) It shall be unlawful for a person to alter or obliterate any information contained in a certificate of registration or on a registration tag. (g) It shall be unlawful for a person who owns or harbors a dog, cat, or ferret to fail or refuse to present proof to an animal control officer, upon request, that such animal is currently registered as required by this section Page 6 of 10 C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc (h) The animal control center shall waive the prescribed registration fees for owners under the following conditions: (1) The registration of an animal trained to assist the hearing impaired, visually impaired, or physically impaired; (2) The registration of a dog employed as a police canine by a law enforcement agency; (3) The registration of a spayed or neutered animal by a resident sixty-five (65) years of age or older; or (4) The registration of a spayed or neutered animal which has had a microchip implanted. The eligibility for a waiver of the registration fee does not relieve the owner of his responsibility to register a dog, cat, or ferret as prescribed by this section. (i) For purposes of this section, "temporarily" means a period of time not to exceed sixty (60) days. This section does not apply to: (1) Non-residents of the city who stay within the city limits temporarily; or (2) Residents who may harbor an animal temporarily. SECTION 6. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by amending Section 6-16 "Protective custody impounds" to reduce the holding period from 7 days to ninety-six (96) hours. Section 6-16 shall read as follows: Sec. 6-16. Protective custody impounds. (a) If an animal is impounded as the result of a fire, medical emergency, hospitalization, custody arrest, or other natural or manmade situation that leaves the owner, harborer or person otherwise in possession of the animal temporarily incapable of maintaining control of, or caring for, the animal, an animal control officer may impound the animal and house it at the animal control center. (b) The owner, harborer or the person that was in possession of the animal will be notified of the location of the animal, the conditions under which the animal may be released, and that the animal will be held for a period of ninety-six (96) hours. If the owner, or his designee, has not claimed the animal within ninety-six (96) hours, the animal becomes the property of the city to be disposed of by the animal control center through adoption, transfer to an animal rights organization, or euthanasia. ( c ) Owners, or their designees, shall fulfill all the requirements for redemption as prescribed by this article. SECTION 7. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by amending Section 6-17 "Requirements to redeem a dog, cat, or ferret" to require proof of valid rabies vaccination in compliance with all State laws. Section 6- 17 shall read as follows: Page 7 of 10 C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc Sec. 6-17. Requirements to redeem a dog, cat, or ferret. a) To redeem a dog, cat, or ferret impounded under the provisions of this article, the owner, or his designee, shall: (1) Provide a current rabies vaccination certificate issued by a licensed veterinarian that contains identifying information regarding the animal including, but not limited to, breed, sex, and sterilization information; (2) Present a valid picture identification card issued to him by a state; (3) Pay impound and holding fees as established by the city council and maintained on file in the office of the city secretary; and (4) If not the owner, present sufficient authorization to take possession of the animal. SECTION 8. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by amending Section 6-30 "Prohibited animal permit and impoundment" to allow for the impoundment of prohibited animals and to establish time frames for release or disposition of prohibited animals. Section 6-30 shall read as follows: Sec. 6-30. Prohibited animal permit and impoundment. (a) It shall be unlawful for a person to harbor, own or exhibit a prohibited animal within the city. If a person is found in possession of a prohibited animal and the person does not have a valid permit for possession of the prohibited animal issued by the Animal Services Unit of the City of Denton, the animal may be immediately impounded by an Animal Services officer or by a City of Denton police officer. Section 6-16(b) regarding release or disposition of the animal shall apply to prohibited animals. However, the prohibited animal shall only be released to the owner if the owner has found a place where the animal may be legally kept. (b) It is an exception to the application of subsection (a) of this section if the owner, harborer, or exhibitor holds a prohibited animal permit or is a governmental entity. ( c) A permit for the possession of a prohibited animal may be issued only to a zoo, research institution, individual researcher, public or private primary or secondary school, performing animal exhibition, rodeo or circus, or carnival of which the animal is an integral part, if the animal is restrained from inflicting injury upon persons, property or other animals and adequate provision is made for the care and protection of the animal. A permit may be issued to an individual researcher only upon the recommendation of a medical institution or the director of a research institution. (d) The fee for such permit shall be established by the city council and is on file in the office of the city secretary. The permit shall be issued for one or more animals of an Page 8 of 10 C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc owner or exhibitor at a single location. The permit is valid for a designated period of time not to exceed twelve months and may be renewed for the same fee. SECTION 9. That Chapter 6 of the Code of Ordinances of the City ("Animals") be and the same is hereby amended by adding Section 6-32.1. "Animal auctions" to prohibit animal auctions in certain circumstances. Section 6-32.1. shall read as follows: Sec. 6-32.1. Animal auctions. It shall be unlawful for any person to give away any live animal as a prize or as an inducement to enter any contest, game or other competition or an inducement to enter a place of business or to offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. SECTION 10. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 11. Save and except as amended hereby, all the prOVISIons, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 14. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 15. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY Page 9 of 10 C: \DOCUME~ I \sxmiller\LOCALS~ I \ T emp\Chapter 6 Amended Animal Ordinance 2006 _I.doc By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: Page 10 of 10 ATTACHMENT 3 S :\Our Documents\Ordinances\06\AnimalFeeOrdinance.doc ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2005-343 TO INCREASE THE REGISTRATION FEE FOR DOGS AND CATS, TO ESTABLISH AN EXEMPTION FROM THE REGISTRATION FEE FOR STERILIZED AND MICROCHIPPED ANIMALS, TO ESTABLISH THE SAME DAILY HANDLING FEE FOR THE FIRST DAY AN ANIMAL IS HANDLED AND ANY SUBSEQUENT, TO INCREASE THE FEE FOR DISPOSING OF DEAD ANIMALS, TO SIMPLIFY THE ANIMAL EUTHANASIA FEE SECTION BY REMOVING THE SECTIONS REGARDING BURIAL BOXES AND CREMATION URNS PURSUANT TO CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY; A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to create a fee for adoption of dogs, cats, and ferrets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following fees in the Schedule of Fees established by Ordinance No. 2001-338 are hereby amended to be collected pursuant to the specified provisions of Chapter 6 of the Code of Ordinances: SCHEDULE OF FEES Sec. 6-14 Dog and Cat Registration Fee $ 25.00 annually $ 4.00 annually if unable to procreate The registration fee shall be waived for all sterilized and microchipped animals if the owner provides proof of sterilization and microchipping to the Animal Services Unit. Sec. 6-17 Animal Impound Fees (1) Class A Animals (dogs, cats, fowl, each animal) First Impoundment Second Impoundment Third Impoundment Fourth Impoundment $ 20.00 $ 30.00 $ 45.00 $ 70.00 S :\Our Documents\Ordinances\06\AnimalFeeOrdinance.doc ATTACHMENT 3 Sec. 6-17 Sec. 6-18 Sec. 6-21 (2) Class B Animals (goats, sheep, lambs, pigs, sows, shoats, calves, foals, and animals of the same approximate size and weight, each animal) First Impoundment Second Impoundment Third Impoundment Fourth Impoundment $ 30.00 $ 40.00 $ 75.00 $113.00 (3) Class C Animals (cattle, mules, horses, ponies, and animals of the same approximate size and weight, each animal) First Impoundment Second Impoundment Third Impoundment Fourth Impoundment $ 35.00 $ 50.00 $ 75.00 $115.00 ( 4) Class D Animal (prohibited, exotic, or wild animals requIrIng capture by center personnel [provided, if the Class D animal is already contained by the owner, then Class B fee schedule shall apply]) First Impoundment Second Impoundment Third Impoundment Fourth Impoundment $ 34.00 $ 50.00 $ 75.00 $115.00 Daily Handling Fee First Day or part of Day Each Subsequent Day $ 8.00 $ 8.00 Adoption Fees Dogs Cats Ferrets $120.00 $110.00 $ 10.00 Carcass Handling/Dead Animal Disposal Fee Drop-off/Animal Brought to Animal Control Center City Pick-up of Animal $ 15.00 per animal $ 35.00 per animal Page 2 of 4 ATTACHMENT 3 S :\Our Documents\Ordinances\06\AnimalFeeOrdinance.doc Sec. 6-22 Animal Euthanasia Fees (including cremation) $ 30.00 per animal Sec. 6-24 Quarantine Fees First Day or part of Day Each Subsequent Day $ 8.00 $ 8.00 Rabies Diagnostic Testing $ 70.00 Sec. 6-30 Prohibited Animal Permit Fee $ 50.00 per animal Sec. 6-38 Dangerous Animal Fee $200.00 per animal SECTION 2. The above-mentioned fees as established by the City Council shall be placed on file in the office of the City Secretary and made available to any member of the public who wishes to see a copy of the fees as established by this ordinance. The City Secretary is directed to maintain this Schedule of Fees on file in the City Secretary's office as adopted hereby or as in the future may be established by the City Council. All fees shall be paid to the City at the Animal Control Center in accordance with Article III of Chapter 6 of the Code of Ordinances of the City of Denton. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Save and except as amended hereby, all the prOVISIons, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR Page 3 of 4 ATTACHMENT 3 S :\Our Documents\Ordinances\06\AnimalFeeOrdinance.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~_it- Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: October 10, 2006 CM: Neighborhood Services Division Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Receive a report, hold a discussion and give staff direction related to abandoned trash and debris at the curb of vacant properties. BACKGROUND On Tuesday, October 3, staff presented information at a City Council work session regarding existing regulations, enforcement and cleanup procedures, and options regarding trash and debris left at the curb of vacant properties. At that time Council requested staff to research additional options including utilizing the customer utility deposit to pay for services to collect abandoned items left at the curb. The following is a review of that option and other related issues. Staff has also prepared a list of recommendations for Council consideration. Issue Summary The City of Denton Code Enforcement office is proposing to address the issue of abandoned trash and debris left at the curb of vacant properties by: . continuing to take immediate action by citing property owners for violations, . taking immediate abatement action in cases determined necessary by Code Enforcement, . creating a Special Revenue Fund comprised of funds from the collection of Code Enforcement invoices and liens, . supporting Municipal Court's recent increase in fines for nuisance violations. Use of the Utility Deoosit for Contract Services Several issues make using utility deposits for the payment of abandoned trash and debris collection difficult. First, the majority of residential customers have been exempted from deposit. Second, the City would be collecting these deposits from approximately 35,000 customers deemed to have good credit to achieve security for less than 1 %, or an estimated 50 properties annually, which abandon trash at the curb upon moving. Third, the amount of the current deposit is not always enough to ensure payment of delinquent utility charges, thus, likely not providing Code Enforcement with the intended ability to recoup the cost of contracted services. Fourth, if the deposit were raised to provide the additional security, the deposit practice would exceed the current utility standard as set by the Public Utility Commission. City of Denton Ordinance, Chapter 26 - Utilities (See Exhibit 1), allows the city to collect a deposit of $150 or maximum of 1/6th of the resident's annual bill. This coincides with the market standard set by the Public Utility Commission of Texas. However, the majority of residential customers do not currently have a deposit on their account. The ordinance allows for customers to be exempt from the deposit by providing positive credit history or a local co-signer. Additionally, the deposit can be refunded after 12 months of good credit on our system. When a customer terminates service, the utility deposit is applied proportionally to all utility services with balances on the account (including Solid Waste). In the first six months of2006, 777 residential accounts terminated with a balance of $74,000 still due after deposits were applied. This indicates that the deposits collected do not always cover the utility charges due. Related Issues I. Recently, the Code Enforcement Department, the City of Denton Prosecutor and the Municipal Judge agreed to raise window fines for all nuisance violations to $350. Previously fines for the offense of trash and debris was $195. The goal is to increase the consequence for violating nuisance codes in the City, particularly among chronic offenders. This increase is being implemented to dissuade individuals from simply paying citations, and not abating violations or paying contractor InVOIces. II. In May, the Code Enforcement Department in cooperation with the City of Denton Tax Office, instituted a Code Enforcement invoice and lien collection program. Under this collection system, if after 30 days the payment for contracted services has not been received, the property ownership information and the unpaid invoice amount is forwarded to Credit Systems International, Inc. (CSI) to begin the collection process. If CSI has not collected on the account within 45 days, they file the delinquent account information with credit bureaus. After 60 days, if CSI has not collected on the account, the City files a lien on the property and CSI continues the collection process. CSI receives 21.9% of the administrative fee ($80) and contractor charges collected; the City receives 100% of the interest collected. CSI sends the City a check for the net amount collected. III. In an effort to secure more funding for contracted cleanups, the Code Enforcement Department contacted the Finance Department to discuss the possibility of securing funds from the collection of Code Enforcement invoices and liens. Per Finance, the City Council may pass an ordinance to legally restrict the use of collected Code Enforcement invoices and liens for use in the Code Enforcement program, ego contracted cleanups. These funds would be held in a Special Revenue Fund used strictly for this purpose. Outions as Presented on October 3.. 2006 1. Maintain current process for abating abandoned trash and debris at the curb, with 7 -day abatement period. This process allows the City to write a citation, contract a cleanup, invoice for the cleanup, and if necessary, file a lien. 2. Shorten the 7-day abatement period to a 5-day abatement period. Although this is a somewhat more expedient process, it eliminates the City's ability to file a lien for non-payment of contracted services per Chapter 342 of the Texas Health and Safety Code. A seven (7) day abatement period is required by state law to file a lien on property for non-payment of contracted services. The city still retains the authority to write a citation. 3. Eliminate the abatement timeframe altogether, collect the items, and cite the property owner. The problem will be eliminated quickly. As in Option 2, it eliminates the City's ability to file a lien for non-payment of contracted services per Chapter 342 of the Texas Health and Safety Code. However, the city still retains the authority to write a citation. 2 RECOMMENDATION After researching additional information, staff is presenting the following recommendation: . Continue with the 7 -day abatement timeframe and cite owners immediately for all violations, ie. trash and debris nuisance, trash not properly containerized, trash placed at the curb at illegal hours, etc. . At the discretion of the Code Enforcement staff, eliminate the abatement timeframe altogether, collect the items, and cite the property owner. . Pass an ordinance to legally restrict the use of collected Code Enforcement invoices and liens for use in the Code Enforcement program. These funds would be held in a Special Revenue Fund used strictly for this purpose. Staff is requesting six months to test and evaluate this option, and to return to Council in the spring with a report on the procedure and its results. ATTACHMENT Exhibit 1 City of Denton Code Ordinances-Chapter 26 Respectfully submitted: Janet Fitzgerald, Director Parks and Recreation Department Prepared By: y/) ~ r:J~ fJJ;rff if/'; ~~~~~~,t)1 r PI' '.w ~d!J ~4 ~~ r ""d'.iKr ,':; , ;.n ..tIP.'-'" ~ l.!....:..A ':? a f i!~ _~~--r.-J;i~~ ~,.,~~ ?I ~ ~ rf ti,' ~ ~ M Lancine Bentley, Program Area Manager Neighborhood Services 3 ARTICLE I. IN GENERAL Sec. 26-1. Assistant city manager - utilities. (a) Definition. As used in this chapter and wherever it may appear in this Code, the term assistant city manager - utilities or public utilities director shall mean the assistant city manager - utilities of the utilities department. (b) Appointment. The assistant city manager - utilities shall be appointed by the city manager subject to confirmation by the public utilities board. (c) Powers and duties. The assistant city manager - utilities shall have such powers and duties as may be provided by ordinance.. (d) Mapping of systems. The assistant city manager - utilities shall prepare and maintain complete, up-to-date maps of the electric, sanitary sewerage and water systems of the city. (Code 1966, 9 25-1; Ord. No. 2001-200, 9 1, 5-15-01) Sec. 26-2. Right of entry. Employees of the utilities department shall have the authority to enter any house or premises at any reasonable time in the regular line of duty for the purpose of inspecting any water, electric or sewer line or any water or electric meter or for the purpose of making necessary repairs. If such entry is refused, the employee shall have recourse to every remedy provided by law to secure entry. (Code 1966, 9 25-5) Cross references: Inspection and abatement warrants, 9 19-86 et seq. State law references: Inspection warrants, Vernon's Ann. C.C.P. art. 18.05. Sec. 26-3. Service deposits and alternatives. A service deposit will be required unless the applicant provides one (1) of the exemptions as listed below (a)--(c). (a) Residential customers. If a customer receiving residential service is required to make a deposit, the amount of the deposit shall be a minimum of one hundred fifty dollars ($150.00). If the customer has an unacceptable credit rating, the deposit may be as much as an amount equal to one-sixth of the last twelve (12) months billing at the service location or a similar location as determined by the utility representative. An alternative to the deposit is available if the customer meets one of the following criteria: (b) Residential exemption from deposit. No service deposit will be required of an applicant for residential utility service if the applicant can provide and qualify for one (1) of the following:. Exhibit 1 (1) The applicant has an acceptable credit rating for twelve (12) consecutive months within the last two (2) years with either the city utility system or another electric utility company. If the service was with another utility, the applicant must provide the city with a letter of good credit for utility services from the former utility company for verification within twenty (20) days of applying for service. (2) The applicant provides a cosigner who accepts responsibility and is verified to have an acceptable credit rating with the city utility system, and who is willing to be listed on the account to guarantee payment of the applicant's utility bills. This guarantee will be in effect until the applicant develops an acceptable credit rating. (3) The customer receives an acceptable credit rating from a credit source available to the city. The customer must pay the cost of obtaining the credit rating. This cost will be set annually within the utility rate ordinance, but will not exceed one hundred dollars ($100.00). For purposes of this chapter, "acceptable credit rating" shall mean a credit rating which is based upon a commonly used formula or a formula approved by the city council. (c) Commercial customers. In the case of commercial or industrial service, if the applicant for service is required to make a deposit, the amount of the deposit shall be a minimum of three hundred dollars ($300.00) or an amount equal to one-sixth of the last twelve (12) months of billing at the location where service is requested, whichever is greater. If no previous history is available for the location, a representative facility similar to the type where service is requested will be used to establish the amount of the deposit. (d) Commercial exemption from deposit. An applicant for utility service for a commercial or industrial entity or business may not be required to make a deposit if the applicant: (1) Provides the city an acceptable commercial/industrial credit rating for the last twenty-four (24) months the customer received service from the city utility system or a commercial letter of good credit from another utility system. The period has to be within the three (3) years prior to the date of application. The letter of commercial letter of good credit from a former utility company must be received for verification within twenty (20) days of signing for service. Credit references from residential utility accounts are not accepted for exemptions of commercial/industrial deposits; or (2) If the credit of a commercial/industrial customer for service has not been established satisfactorily to the city, the applicant may provide an irrevocable letter of credit in lieu of a deposit within twenty (20) days of signing for service. The irrevocable letter of credit must be executed by a Texas bank to the satisfaction of the city manager and city attorney. The customer must maintain the irrevocable letter of credit in effect at all times. If the customer allows the irrevocable letter of credit to expire, the customer shall pay a deposit in the amount provided as listed above, or the city may terminate utility service. (Code 1966, 925-4; Ord. No. 94-132, 91, 7-19-94; Ord. No. 2001-200, 91, 5-15-01; Ord. No. 2002-316,91,9-17-02) Sec. 26-4. Additional deposit required. (a) Additional deposits. The city may require a customer to make an additional deposit in the event that a deposit made as specified in subsection (a) or (b) is subsequently determined to no longer be sufficient. In no event will the amount of the deposit exceed one-sixth of the last twelve (12) months billing at the service location. The city may disconnect service if the customer does not remit the additional deposit within fourteen (14) days of the city's request, provided a written disconnect notice has been issued. Such disconnect notice may be issued concurrently with the written request for the additional deposit. A customer may be required to pay a deposit or put down an additional deposit amount if: (1) The customer has been terminated from receipt of utility service due to non- payment of a utility bill; or (2) The city has determined there is evidence of a customer tampering with the city's meter; or (3) The customer has an unacceptable credit rating and the city does not have in its files a current cosigner who meets the requirements of section 26-3(a) or (b); or (4) The customer has been required to payor is paying off a utility account balance previously deemed uncollectible or is past due; or (5) The customer has filed a petition for relief under the applicable provisions of the United States Bankruptcy Code; or (6) The customer's irrevocable letter of credit filed with the city in lieu of a deposit has expired. (b) Interest. The city shall pay interest on deposits at an annual rate established by city council. If a refund of the deposit is made within thirty (30) days of receipt of the deposit, no interest will be paid. If the deposit is retained more than thirty (30) days, payment of interest shall be retroactive to the date the entire amount of deposit has been made. The deposit shall cease to draw interest on the date it is returned or credited to the customer's account. Payment of the interest to the customer shall be madeat the time the deposit is returned or credited to the customer's account. If the customer's account is active, the deposit will automatically be applied to the customer's account to offset current billing. If the amount remaining after the offset is greater than one-sixth of the annual billing amount due, the amount will be refunded by check to the customer. (c) Credit checks. After making application for service, the customer service department may pursue a credit reference check. The customer will be given service promptly after application, but if the credit check shows the customer does not have an acceptable credit rating, the customer will be required to produce a cosigner or place a deposit on account. Failure to do so will result in the discontinuance of service with no less than two (2) days of notification given verbally or in writing, to the prospective customer by the customer service department. (Ord. No. 94-132, 91, 7-19-94; Ord. No. 2001-200, 91, 5-15-01; Ord. No. 2002-316, 91, 9-17- 02) Sec. 26-5. Refunds of deposits. The city shall refund deposits to applicants and customers if one of the following events occurs: (1) The customer's service has been disconnected. The city shall refund the deposit plus accrued interest less any outstanding balances. A transfer of service from one service location to another shall not be deemed a disconnection and the city shall not require an additional deposit unless authorized by section 26-3 or section 26-4 hereof. (2) When the customer has paid bills for service for twelve (12) consecutive residential billings or twenty-four (24) consecutive commercial or industrial billings without having service disconnected for non-payment of bills, or meter tampering, and with no more than two (2) occasions each year in which a bill was delinquent, as provided by section 26-9(a), and provided the customer is not delinquent in the payment of the current bill. The city shall then, in that event, refund the deposit (plus accrued interest) to the customer in the form of a credit to the customer's account. The city may also release the customer's irrevocable letter of cred it. (Ord. No. 94-132, 91, 7-19-94; Ord. No. 2001-200, 91, 5-15-01; Ord. No. 2002-316, 91, 9-17- 02) AGENDA INFORMATION SHEET AGENDA DATE: October 10, 2006 DEP ARTMENT: Planning and Development Howard Martin, 349-8232 .. ICM: SUBJECT Receive a report, hold a discussion and give staff direction on the possible annexation of land located southwest of the City of Denton. The approximately 23.84 acre parcel is generally located at the northwest corner of I 35W and Robson Ranch Road. The parcel is a tract of land situated in the E. Pizano Survey Abstract No. 994, Denton Texas and being a part of tract of land described in a deed to Robson/35W Investors LP as recorded in County Clerk's File No. 02-63784. BACKGROUND Applicant: Winkelman & Associates, Inc. Dallas, TX All of the approximately 23.84 acres are within the City of Denton's Extraterritorial Jurisdiction (ETJ), which are proposed for annexation. The subject property is completely surrounded by the City of Denton. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexations of areas in the ETJ when significant developments are proposed." Prior proposed annexations have required a City Council Work Session to direct staff to pursue an annexation. Annexation should be considered when a property is located within the designated urbanizing area; is expected to accommodate urban growth in the next twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of-way. The tract of land being proposed is located in Denton's ETJ Division 1. The subject site is not platted; any subsequent subdivision or reconfiguration of this tract will be subject to the City's subdivision regulations. The annexation timeline is at least four months. There is a 30-day notice of intent requirement for all annexations. If City Council directs staff to proceed with the annexation, the 30-day notification will be sent out on November 3, 2006 and staff can move forward with the annexation after February 13, 2007. At the earliest, the annexation can be completed by April 3, 2007. Please refer to Attachment 1. An aerial map of the vicinity of the proposed site is provided in Attachment 2. Staff seeks direction from City Council on pursuing annexation of this property. OPTIONS 1. Direct staff to proceed with annexation. 2. Direct staff to not proceed with annexation. 3. Direct staff to proceed with the annexation with amendments. 4. Direct staff to bring the Council additional information. ESTIMATED SCHEDULE OF PROJECT Attachment 1 sets forth a proposed schedule. PRIOR ACTION/REVIEW None FISCAL INFORMATION The service plan required for annexation will address fiscal impacts. EXHIBITS 1. Proposed Annexation Schedule 2. Location Map Respectfully submitted: ~~ Kelly Carpenter Planning and Development Director ANNEXATION SCHEDULE Robson Ranch Retail Addition Potential Annexation Notices to Intent to Annex (30 day prior to 1 st PH) will be send on November 3rd. Tuesday, 1/9/07 City Council conducts first public hearing. . Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. Tuesday, 1/23/07 City Council conducts second public hearing. (Special Called Meeting) . Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, 1/10/07 Planning and Zoning Commission public hearings - make a recommendation to City Council regarding the proposed annexation. Tuesday, 2/13/07 City Council by a four-fifths vote institutes annexation proceedings. (Special Called Meeting) First reading of annexation ordinance. . Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, 2/25/07 Ordinance published . The ordinance cannot be acted upon until at least 30 days after publication. City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. . Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings (adopts ordinance on 1 st reading). The second reading of the ordinance and zoning approval could be held any time between March 28,2007 and May 14,2007. Tuesday, 4/3/07 Annexations must be rigidly coordinated in conjunction with the City Council public hearing schedule due to specific timing mandates established by Texas State Law. The Texas Local Government Code requires that City Council institute annexation proceedings (1 st Reading of the Ordinance) more than 20 days after the second City Council public hearin2: but less than 40 days from the first City Council public hearin2:. - 1 - Exhibit 1 EXHIBIT 2 LOCATION MAP LEGEND o ANNEXATION SITE CITY LIMITS o 200 400 Feet 800