CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE: Adopt an Ordinance to amend Chapter 5 and Chapter 9 of the Code of Ordinances to revise fees. (FIN)

 

AGENDA DATE: 04/03/2017

ITEM#: 9

DEPARTMENT: Finance Department

DATE SUBMITTED: 03/06/2017

PREPARED BY: TyRhonda Henderson

SUBJECT: Revision to the Animal Care and Adoption Center Fee Schedule and Fire Departmentís Fee Schedule

EXHIBITS: Revised Fee Schedule

APPROVAL:

 

 

EXPENSE REQUIRED: $0

AMOUNT BUDGETED: $0

APPROPRIATION REQUIRED: $0

SUMMARY: This item is to amend Chapter 5, Animals and Fowl, of the Code of Ordinances and to approve the revised fee schedule. This amendment will increase the attached list of fees for the Animal Care and Adoption Center. These increases will generate an additional $79,000 in revenue for the Cityís General Fund over a 12-month period. This item is also to amend Chapter 9, Fire Prevention and Protection, of the Code of Ordinances and to approve the revised fee schedule. This amendment will increase the attached list of fees for the Fire Department. These increases will generate an additional $21,000 in revenue for the Cityís General Fund over a 12-month period. The City Manager recommends approving the revised fee schedules.

BOARD ACTION: The City Manager and staff recommend that the City Board of Directors approve the attached resolution.

 

EMERGENCY CLAUSE: Not required.

 

 

 

ORDINANCE NO. _______

AN ORDINANCE AMENDING, UPDATING AND SETTING FEES FOR CERTAIN SERVICES PROVIDED BY THE CITY OF TEXARKANA, ARKANSAS; AND FOR OTHER PURPOSES

 

WHEREAS, it is determined that it is in the best interest of the City of Texarkana, Arkansas, to amend, update and set fees for certain services provided by the City; and

WHEREAS, the fees so amended, updated and set reflect the approximate actual cost incurred by the City in performance of such services; and

WHEREAS, the City Manager and staff recommend approval;

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas, that:

Section 1.  Section 5-13(d) of the Code of Ordinances is deleted in its entirety and the following is substituted therefore:

(d)       Any animal impounded under this chapter may be reclaimed upon payment by the owner of the animal to the animal control department of the sum of:

(i) a base reclamation fee of $10.00, for each dog, cat or other animal not subject to a subsection below, plus $10.00, for each day that such animal is kept; provided, however, in the event that the capture of any such animal necessitates the deployment of chemical agents, the applicable base fee shall be $25.00, for such animal, plus $20.00, per day that such animal is kept. 

(ii) a base reclamation fee of $150.00, for each cow, horse, bull, or other livestock animal (excluding rabbits, poultry and birds); plus $10.00, per day that such animal is kept.

(iii) a base reclamation fee of $150.00, for each animal quarantined in the care of the animal control department under the suspicion of rabies; plus $10.00, for each day that animal is kept by the animal control department after the period of quarantine; or,

(iv)  notwithstanding the above, for any animal in the care of the animal control department which causes a county or other municipality to be subject to Holding Fees as set forth in subsection (f) below, an owner desiring to reclaim such animal must pay any amount required by these ordinances for micro-chipping and present sufficient evidence to the animal control department that the county or municipality that is subject to Holding Fees has authorized the release of the animal. 

Section 2.        The following are added as Section 5-13(f) and 5-13(g) to the Code of Ordinances:

(f)        Holding Fees and Testing Fees for Counties or other Municipalities.  The animal control department is authorized, but shall not be required to accept or, upon request of the county or other municipality, assist in the capture of animals from or outside of the corporate limits of the city.  In such event, the requesting county or municipality shall pay a fee of $150.00, plus $10.00, for each day that the animal is kept after the fifth day, plus $250.00, (per animal) if the animal control department assists in the capture of an animal outside of the corporate limits of the City of Texarkana, Arkansas, or the City of Texarkana, Texas.  In the event any other municipality or county presents an animal or animal remains to the animal control department for or that necessitates testing under applicable rabies prevention or reporting ordinance or law, said entity shall pay a testing preparation fee of $40.00, (per animal).  Any county or municipality placing animals into the care of the animal control department or requesting the assistance of the animal control department shall be deemed to have agreed to defend, indemnify and hold the animal control department, the City and the employees, officers, directors and agents of the same harmless from any claim, cause of action or liability arising from or relating to such animal (including, without limitation, the disposition of such animal by the animal control department).      

(g)        Disposal Fee.  In the event that, for any reason, it is necessary for the animal control department to dispose of the remains of a cow, horse, bull, or other livestock animal (excluding rabbits, poultry and birds) a disposal fee shall be paid by:

(i)  the owner of the animal; or,

(ii)  the municipality (other than the City of Texarkana, Arkansas) or county subject to holding fees for the animal or that requested removal of remains.

            Section 3.  The first sentence of Section 5-11 of the Code of Ordinances, is deleted and replaced with the following:

It shall be unlawful for any person, firm or corporation to own, keep or harbor a dog or cat within the corporate limits of the city without first having paid to the city an annual license fee of (i) $10.00, for each spayed or neutered dog or cat of six months of age or older; or (ii) $30.00, for each unspayed or unneutered dog or cat of six months of ages or older.

Section 4.  The following is added as Section 9-12 to the Code of Ordinances:

Section 9-12.  Fees.  The Fire Department is authorized and directed to obtain reimbursement for services rendered as set forth below:

Incident Report Copies:          $5.00 each

Fire Inspection Service:   

 

Annual Inspection Fee

Fee for the Second and Any Subsequent Re-Inspections Occurring Prior to the Next Annual Inspection 

Nursing Home or Assisted Living Center:

$75.00

$75.00

Day Care:                   

$40.00

$75.00

Group Home:             

$40.00

$75.00

Hotel/Motel:               

$20.00, plus $2.00 per hotel room

$75.00

Manufacturing Business:

$75.00

$75.00

           

                                   

False Alarm Fees (in the event of actual on-site response by any Fire Department employee or official to a false alarm, and in addition to any penalty or fine assessed upon conviction pursuant to any other applicable ordinance or law):

 

$50.00, each for commercial establishments for the 4th through 6th response to a false alarm and $75.00, for each response thereafter during a calendar year.

$35.00, each for residences for the 4th through 6th response to a false alarm and $45.00, for each response thereafter during a calendar year.

            Hazardous Material Cleanup: 100% of the total cost of materials used

Open Burning Permit:  $200.00, prior to issuance of a permit (upon terms and conditions acceptable to the Fire Chief).

Section 5.  If, for any reason, any portion of this ordinance should be held to be invalid, such invalidity shall in no way affect the remaining portions thereof which are valid, but said valid portions shall be and remain in full force and effect.

Section 6.  All other fees not expressly amended or superseded hereby remain in full force and effect.  

PASSED AND APPROVED this 17th day of April, 2017.

 

_____________________________

Ruth Penney Bell, Mayor

ATTEST:

 

________________________________

Heather Soyars, City Clerk

 

APPROVED:

 

________________________________

George M. Matteson, City Attorney

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