310 West 2nd Street
P.O. Box 5418
Thibodaux, LA 70302
985-446-7218
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Office: (985) 446-7200
310 West Second St.
P.O. Box 5418
Thibodaux, Louisiana 70302

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City of Thibodaux, LA

           

OFFICIAL MINUTES OF THE CITY COUNCIL

CITY OF THIBODAUX

CITY HALL

THIBODAUX, LOUISIANA

FEBRUARY 17, 2004

 

            The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2nd Street, Thibodaux, Louisiana, on Tuesday, February 17, 2004 at 5:00 o’clock P.M.

            There were present:  Councilmen Swanner, Gene Richard, Winston, Dee Richard and Mire.

            There were also present:  Mayor Charles Caillouet and Ms. Germaine Jackson, City Attorney.

            The minutes of the February 3, 2004 Council meeting were approved as written.           

            The Grants Director informed the Council Administrator that the US Environmental Protection Agency has approved funding for renovations to the Badt Avenue Pump Station in the amount of $97,000.  The purpose of the grant is to acquire a portion of the funding to upgrade the station by adding dual speed pump motors.  The City’s share of the cost of this project would be $379,550.

            Councilman Dee Richard introduced an ordinance authorizing the Mayor to sign a grant agreement with the Environmental Protection Agency for improvements at the Badt Avenue Sewer Pump Station.  The public hearing on this ordinance will be held at the March 2, 2004 City Council meeting.

            The City will construct a water transmission line in conjunction with the new elevated water storage tower to be located in North Thibodaux.  In order to construct the said lines, the City must acquire a servitude for the construction and maintenance of the lines.  The property in which the proposed servitude is located is owned by J.B. Levert Land Company.

            Councilman Gene Richard introduced an ordinance authorizing the Mayor to execute a servitude agreement with J.B. Levert Land Company for the construction of water lines for the North Thibodaux Water Tower Project.  The public hearing on this ordinance will be held at the March 2, 2004 City Council meeting.

            The Zoning Administrator has informed the Council Administrator that due to the appointment of Mrs. Monica Wilson as a regular member of the Thibodaux Board of Adjustments, it is necessary to appoint a new alternate member to the board.  Councilman Swanner is next in the appointment rotation to make this appointment.

            On motion of Councilman Swanner, seconded by Councilman Dee Richard, the Council voted to adopt a resolution approving Councilman Swanner’s appointment of Mr. Rudy Soignet as an alternate member to the Thibodaux Board of Adjustments.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  1007

            BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

            WHEREAS, the Thibodaux Board of Adjustments is comprised of five regular members and two alternate members; and

            WHEREAS, due to Mrs. Monica Wilson’s appointment as a regular board member, it is necessary for the City Council to appoint a new alternate member to fill the vacancy created; and

            WHEREAS, in accordance with the rotation method of nomination employed by the City Council, Councilman Norman Swanner has nominated Mr. Rudy Soignet to fill the aforesaid vacancy.

            NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux that in accordance with the provisions of Article IX of the Thibodaux Zoning Ordinance, Mr. Rudy Soignet is hereby appointed as an alternate member to the Thibodaux Board of Adjustment.

            BE IT FURTHER RESOLVED that the term of Mr. Soignet will expire February 17, 2009.

            BE IT FURTHER RESOLVED that the term of Mrs. Wilson was stated in error in Resolution No. 1006 and is hereby corrected to reflect that her term will expire February 3, 2009.

            The above resolution having been submitted to a vote, the vote thereon was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None

            ABSENT:  None

            And the above resolution was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                                      /s/Chad J. Mire

Tommy Eschete, Council Adm.                                 Chad J. Mire, President

            The Grants Director has informed the Council Administrator that the Mayor wishes to submit an application with the Governor’s Office of Rural Development for a $45,000 grant that would assist in the funding of proposed improvements to the restrooms at City Parks.

            On motion of Councilman Winston, seconded by Councilman Swanner, the Council voted to adopt a resolution supporting the application for grant assistance from the Louisiana Governor’s Office of Rural Development.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  1008

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the Mayor is in the process of filing an application with the Governor’s Office of Rural Development for a Rural Grant; and

     WHEREAS, the funds applied for in the said grant application would fund the renovation of the bathroom facilities at Peltier Park, Martin Luther King Park and the Civic Center Park so as to cause them to be ADA Compliant; and

      WHEREAS, the City will request a grant from the Governor’s Office of rural Development in an amount of up to $45,000.00; and

     WHEREAS, the City of Thibodaux certifies full responsibility for managing and maintaining the project and for any legal liability incurred as a result thereof.

     NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Thibodaux does hereby support the Mayor’s application of the aforesaid Rural Grant and does hereby request that the Governor’s Office approve the said application for funding of the improvements stated hereinabove.

    BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Rep. Warren Triche and Sen. Joel Chiasson for their review.

     The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT:   None

     And the above resolution was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                                      /s/Chad J. Mire

Tommy Eschete, Council Adm.                               Chad J. Mire, President

            The Project Engineer has informed the Council Administrator that the FEMA Goode Street Drainage Improvement Project is substantially complete in accordance with all contract documents and specifications.  Therefore, it is necessary for the Council to consider the adoption of a resolution of substantial completion, which will commence the 45-day lien period on the contract with Byron E. Talbot Contractors.

            Councilman Mire questioned the project engineer concerning a portion of the sidewalk that should be ADA Compliant.  Mr. Brendan McEntee informed Councilman Mire that the curb would be corrected.

            On motion of Councilman Mire, seconded by Councilman Dee Richard, the Council voted to adopt a resolution of substantial completion for the FEMA Goode Street Drainage Improvement Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  1009

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City of Thibodaux entered into a contract with Byron E. Talbot Contractor, Inc. dated August 27, 2003 for the FEMA Goode Street Drainage Improvement Project; and      

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on February 2, 2004; and

     WHEREAS, a final inspection was conducted by representatives of the City and the Project Engineer; and

     WHEREAS, all work except items listed on the punch list was found to be satisfactory for acceptance with respect to the application for payment by the contractor.

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on February 17, 2004 that the work under the aforementioned project be and is hereby accepted as substantially complete on the date hereinbefore specified.

     BE IT FURTHER RESOLVED that the Council Administrator is hereby authorized to file with the Clerk of Court of the Parish of Lafourche, a certified copy of this resolution in order to commence the 45-day lien period.

     BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Byron E. Talbot Contractor, Inc., P.O. Box 5658, Thibodaux, LA 70302, and to Duplantis Design Group, 314 E. Bayou Road, Thibodaux, LA 70301. 

The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS:     None

     ABSENT: None

     ABSTAIN: None    

    And the above resolution was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                 Chad J. Mire, President

            A public hearing was then held on an ordinance recommended by the Planning and Zoning Commission to approve the subdivision of land located on Washington Avenue to accommodate the construction of two new homes by “Habitat for Humanity”.

            Jules Toups of Acadia Land Surveying stated that Habitat appreciates the help that the City has given them in this project and the Council’s support.

            The Council approved the ordinance to subdivide the property on Washington Avenue by acclamation.

ORDINANCE NO. 2183

                                                AN ORDINANCE APPROVING THE

                                                RE-SUBDIVISION OF PROPERTY

LOCATED ON WASHINGTON AVENUE

            BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

            WHEREAS, the Planning and Zoning Commission of the City of Thibodaux has reviewed a request concerning the re-subdivision of property located on Washington Avenue belonging to “Habitat for Humanity”; and

            WHEREAS, the proposed request involves a .2133 acre parcel of property; and

            WHEREAS, the said commission has approved the aforesaid request and is recommending that the City Council concur with their recommendation; and

            WHEREAS, in accordance with the provisions of Chapter 1 of the Thibodaux Subdivision Regulations, this re-subdivision should be accepted by the adoption of an appropriate ordinance.

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that the re-subdivision of property located on Washington Avenue as recommended by the Planning and Zoning Commission is hereby accepted and approved as requested.

            BE IT FURTHER ORDAINED that a copy of the plat illustrating the said re-subdivision is attached hereto and thereby made a part hereof.

            The above ordinance having been submitted to a vote the vote thereon was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None

            ABSENT: None

            And the above ordinance was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            A public hearing was then held on an ordinance requested by Councilman Mire to include in the City Code of Ordinance a procedure in which a dog can be considered vicious, the manner in which a vicious dog should be housed, and also providing for the levy of fines and penalties for any vicious dog owner or keeper who does not comply with its regulatory provisions.

            Councilman Mire’s request for this ordinance was made in response to an incident reported to him by a citizen involving the attack of his wife by a neighbor’s dog.

            Michelle Mire asked the Council to clarify some of the contents of the ordinance.  She asked who would determine if a dog attack was provoked or not.  The Council Administrator stated that a complaint would have to be filed, then an officer would take the information from the person making the complaint and a hearing would be scheduled to determine the cause of the attack.

            Ms. Mire asked where and how the dogs would be confined if the animal control officer picks them up.  The Mayor stated that we are currently working with Lafourche Parish to construct an Animal Control Facility for the entire Parish including the City of Thibodaux.  We will need to address the problem of housing the animals once the facility is available.

            Councilman Winston stated that his wife is scared to walk down the street due to stray dogs roaming the streets.  He feels that the Council’s main concern should be the safety and security of the citizens.

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard the Council voted to amend Section 5-23.3 (9) of the ordinance to read that the owner of a vicious dog shall display a sign on his or her premises warning that there is a vicious dog on the premises.  Upon roll call the vote was as follows:

           

YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

            On motion of Councilman Winston, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance to amend and re-enact Article II of Chapter 5 of the Thibodaux City Code of Ordinances so as to amend Section 5-23 (Vicious Dogs) as amended.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

ORDINANCE NO. 2184

 

 AN ORDINANCE TO AMEND AND RE-ENACT
ARTICLE II OF CHAPTER 5 OF THE THIBODAUX
 
CITY CODE OF ORDINANCES SO AS TO AMEND
SECTION 5-23 (VICIOUS DOGS)  

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 5-23 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to read as follows:

 

Sec.  5-23.  Vicious and Nuisance Dogs

 

Sec. 5-23.1  Nuisance Dogs - Definition

A.        Nuisance dogs. The definition of nuisance dogs includes but is not limited to dogs whose owners repeatedly allow them to:

(1)  Bark excessively;

(2)  Roam free or unrestrained;

(3)  Trespass on private property;

(4)   Damage property;

(5) Molest passersby;

(6) Chase vehicles; and/or

(7) Disturb the peace in any way.

 

                 Sec. 5-23.2  Vicious Dogs - Definition

                 Vicious Dogs        

(1) Vicious dogs are defined as dogs who unprovoked have attacked or bitten a human being or animal or have a known propensity, tendency or disposition to attack unprovoked, to cause injury or to endanger the safety of human beings or animals.

(2) No dog shall be declared vicious if injury or damage is sustained by a person who was willfully trespassing or committing or attempting to commit a crime or committing other tort upon the premises occupied by the owner or keeper of the dog. Also. exempted are dogs who were teased, tormented, abused or assaulted by the injured person or animal prior to attacking or biting. No dog shall be declared vicious if the dog was protecting or defending a human being in its immediate vicinity from attack or assault.

(3) The definition of vicious dog includes dogs who are trained or kept for dogfighting.

 

                 Sec. 5-23.3  Potentially Vicious Dogs     

(1) Potentially vicious dogs are defined as dogs who, when unprovoked, in a vicious or terrorizing manner approach any person or animal in an apparent attitude of attack in any public place in Thibodaux.

(2)        Dogs who have violated any of the above conditions can be declared to be a nuisance, vicious or potentially vicious by the City upon written complaint of a citizen or by the Thibodaux Police Department or other public safety agency. A hearing conducted by the Thibodaux Police Department will determine whether the dog in question is a nuisance, vicious or potentially vicious dog. The animal's owner will be notified of the hearing by certified mail. The hearing must be open to the public and must be held within two weeks of the service of notice upon the owner or keeper of the dogs.

(3)        Prior to the hearing, if the dog is believed to be a potential threat of serious harm to people or to other animals, the City may require the dog to be impounded during the hearing and appeal process. The owner or keeper is liable for any boarding and impounding fees incurred.

(4) The owner will be notified of the findings of the City, in writing. If the dog is declared a nuisance, vicious or potentially vicious dog, the City may impose any and all penalties and fines allowed under this section. Furthermore, the City may require that the dog be removed from the City or that the owner or keeper comply with the provisions of this section as stated below. Any owner or keeper who feels that they have been aggrieved by the decision of the City may appeal the determination in district court.

(5)        Confinement of vicious or potentially vicious dogs; restrictions outside of confinement.

(6)        Dogs found to be vicious or potentially vicious as a result of a hearing before the City or the City’s designee must be confined within a dwelling or within a fence or structure at least six feet high and may additionally be required to be tethered within the confines of such a fence or structure. The enclosure must be securely constructed and locked, with secure sides, top and bottom, to prevent the animal from escaping and suitably to prevent the entry of young children.

(7)        Dogs found to be vicious or potentially vicious as a result of a hearing before the City or the City’s designee must be muzzled and restrained by a substantial leash and collar and must be accompanied by a responsible person at all times when outside the enclosure as stated above. The muzzle must not interfere with the dog's vision or respiration, but it must prevent it from biting any person or animal.

(8)        The owner or keeper of a vicious dog shall present to the City proof that the owner or keeper has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by the vicious dog during the twelve-month period for which licensing is sought. The policy shall contain a provision requiring the City of Thibodaux to be named as an additional insured for the sole purpose of the City to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

(9)        The owner or keeper of a vicious or potentially vicious dog shall display a sign on his or her premises warning that there is a dog on the premises that is vicious. Said sign shall be visible and capable of being read from any adjacent public way.

(10)The owner or keeper of a vicious or potentially vicious dog shall notify the Thibodaux Police Department immediately if the dog is on the loose; is unconfined, has attacked a person or another animal or has died or been sold or given away.

(11) If the animal has been sold or given away, the City shall be provided with the new owner's name, address and telephone number.

(12)Vicious and potentially vicious dogs will not be issued licenses until the requirements stated by the City are met. If the requirements are not met, the following penalties apply:

(a) Failure to license a vicious dog, failure to secure the animal by enclosure in the required structure or to muzzle and leash or restrain; and failure to obtain and maintain required insurance: The animal shall be confiscated by the City and held for a period of 10 business days or until the license and liability insurance is obtained, and the owner or keeper shall be fined $150. If the owner or keeper fails to obtain the required license and/or insurance within the ten-day period, the animal will be humanely euthanized.

(b) Violations as stated above that result in the unprovoked worrying, wounding or killing of any domestic animal: The animal shall be confiscated by the City and humanely and expeditiously euthanized at the expense of the owner, and the owner shall be fined $300.

(c) Violations as stated above that result in the unprovoked worrying, wounding or killing of a human being: The animal shall be confiscated by the City and humanely and expeditiously euthanized, and the owner or keeper shall be fined $300.

 

(13) No person shall be charged with the penalties outlined above unless the dog, prior to the offense alleged, shall have been declared a vicious or potentially vicious dog pursuant to the provisions of this article.

(14) The City shall provide notice of the impoundment and/or pending destruction of the vicious or potentially vicious dog to the registered owner or keeper of said dog.

(15) If the owner or keeper of a dog impounded for allegedly violating this article believes the violation did not occur, such owner may petition a court of competent jurisdiction praying that the dog not be destroyed. The impounded dog shall not be destroyed pending resolution of such owner's or keeper's petition. The dog shall remain impounded pending a hearing on the petition and any subsequent appeal.  The said hearing shall be held after the owner has had a minimum ten calendar day notice of such hearing date, time and location.

 

Sec. 5-23.4  Complaint procedure.

A.        It shall be the duty of the Chief of Police of this municipality to receive and investigate complaints involving attacks or bites by dogs, dogfighting activities and the training or encouragement of dogs to make unprovoked attacks upon persons or domestic animals.

     The above ordinance having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

    ABSTAINED: None         

    ABSENT: None 

     And the above ordinance was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            On motion of Councilman Swanner, seconded by Councilman Gene Richard, the Council voted to add an item for introduction to the agenda for a servitude dedication for Bell South Telecommunications.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

Bell South Telecommunications has completed the design of the construction of a cable line to be located in North Thibodaux near the raw water reservoir.  In order to construct the cable line, the City must grant a servitude for the construction and maintenance of the cable on City property.

            Councilman Dee Richard introduced an ordinance granting a utility servitude to Bell South Telecommunications for the construction and maintenance of a cable line in North Thibodaux near the raw water reservoir.  The public hearing on this ordinance will be held at the March 2, 2004 City Council meeting.

            There being no further business, the meeting was adjourned.

 

____________________________                            ___________________________

Tommy Eschete, Council Adm.                                 Chad J. Mire, Presiden
 
 
     
 
City of Thibodaux, LA

           

OFFICIAL MINUTES OF THE CITY COUNCIL

CITY OF THIBODAUX

CITY HALL

THIBODAUX, LOUISIANA

FEBRUARY 17, 2004

 

            The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2nd Street, Thibodaux, Louisiana, on Tuesday, February 17, 2004 at 5:00 o’clock P.M.

            There were present:  Councilmen Swanner, Gene Richard, Winston, Dee Richard and Mire.

            There were also present:  Mayor Charles Caillouet and Ms. Germaine Jackson, City Attorney.

            The minutes of the February 3, 2004 Council meeting were approved as written.           

            The Grants Director informed the Council Administrator that the US Environmental Protection Agency has approved funding for renovations to the Badt Avenue Pump Station in the amount of $97,000.  The purpose of the grant is to acquire a portion of the funding to upgrade the station by adding dual speed pump motors.  The City’s share of the cost of this project would be $379,550.

            Councilman Dee Richard introduced an ordinance authorizing the Mayor to sign a grant agreement with the Environmental Protection Agency for improvements at the Badt Avenue Sewer Pump Station.  The public hearing on this ordinance will be held at the March 2, 2004 City Council meeting.

            The City will construct a water transmission line in conjunction with the new elevated water storage tower to be located in North Thibodaux.  In order to construct the said lines, the City must acquire a servitude for the construction and maintenance of the lines.  The property in which the proposed servitude is located is owned by J.B. Levert Land Company.

            Councilman Gene Richard introduced an ordinance authorizing the Mayor to execute a servitude agreement with J.B. Levert Land Company for the construction of water lines for the North Thibodaux Water Tower Project.  The public hearing on this ordinance will be held at the March 2, 2004 City Council meeting.

            The Zoning Administrator has informed the Council Administrator that due to the appointment of Mrs. Monica Wilson as a regular member of the Thibodaux Board of Adjustments, it is necessary to appoint a new alternate member to the board.  Councilman Swanner is next in the appointment rotation to make this appointment.

            On motion of Councilman Swanner, seconded by Councilman Dee Richard, the Council voted to adopt a resolution approving Councilman Swanner’s appointment of Mr. Rudy Soignet as an alternate member to the Thibodaux Board of Adjustments.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

 

RESOLUTION NO.  1007

            BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

            WHEREAS, the Thibodaux Board of Adjustments is comprised of five regular members and two alternate members; and

            WHEREAS, due to Mrs. Monica Wilson’s appointment as a regular board member, it is necessary for the City Council to appoint a new alternate member to fill the vacancy created; and

            WHEREAS, in accordance with the rotation method of nomination employed by the City Council, Councilman Norman Swanner has nominated Mr. Rudy Soignet to fill the aforesaid vacancy.

            NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux that in accordance with the provisions of Article IX of the Thibodaux Zoning Ordinance, Mr. Rudy Soignet is hereby appointed as an alternate member to the Thibodaux Board of Adjustment.

            BE IT FURTHER RESOLVED that the term of Mr. Soignet will expire February 17, 2009.

            BE IT FURTHER RESOLVED that the term of Mrs. Wilson was stated in error in Resolution No. 1006 and is hereby corrected to reflect that her term will expire February 3, 2009.

            The above resolution having been submitted to a vote, the vote thereon was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None

            ABSENT:  None

            And the above resolution was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                                      /s/Chad J. Mire

Tommy Eschete, Council Adm.                                 Chad J. Mire, President

            The Grants Director has informed the Council Administrator that the Mayor wishes to submit an application with the Governor’s Office of Rural Development for a $45,000 grant that would assist in the funding of proposed improvements to the restrooms at City Parks.

            On motion of Councilman Winston, seconded by Councilman Swanner, the Council voted to adopt a resolution supporting the application for grant assistance from the Louisiana Governor’s Office of Rural Development.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  1008

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the Mayor is in the process of filing an application with the Governor’s Office of Rural Development for a Rural Grant; and

     WHEREAS, the funds applied for in the said grant application would fund the renovation of the bathroom facilities at Peltier Park, Martin Luther King Park and the Civic Center Park so as to cause them to be ADA Compliant; and

      WHEREAS, the City will request a grant from the Governor’s Office of rural Development in an amount of up to $45,000.00; and

     WHEREAS, the City of Thibodaux certifies full responsibility for managing and maintaining the project and for any legal liability incurred as a result thereof.

     NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Thibodaux does hereby support the Mayor’s application of the aforesaid Rural Grant and does hereby request that the Governor’s Office approve the said application for funding of the improvements stated hereinabove.

    BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to Rep. Warren Triche and Sen. Joel Chiasson for their review.

     The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT:   None

     And the above resolution was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                                      /s/Chad J. Mire

Tommy Eschete, Council Adm.                               Chad J. Mire, President

            The Project Engineer has informed the Council Administrator that the FEMA Goode Street Drainage Improvement Project is substantially complete in accordance with all contract documents and specifications.  Therefore, it is necessary for the Council to consider the adoption of a resolution of substantial completion, which will commence the 45-day lien period on the contract with Byron E. Talbot Contractors.

            Councilman Mire questioned the project engineer concerning a portion of the sidewalk that should be ADA Compliant.  Mr. Brendan McEntee informed Councilman Mire that the curb would be corrected.

            On motion of Councilman Mire, seconded by Councilman Dee Richard, the Council voted to adopt a resolution of substantial completion for the FEMA Goode Street Drainage Improvement Project.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

RESOLUTION NO.  1009

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

     WHEREAS, the City of Thibodaux entered into a contract with Byron E. Talbot Contractor, Inc. dated August 27, 2003 for the FEMA Goode Street Drainage Improvement Project; and      

     WHEREAS, the work under the aforementioned contract was substantially complete in accordance with the plans and specifications by the contractor on February 2, 2004; and

     WHEREAS, a final inspection was conducted by representatives of the City and the Project Engineer; and

     WHEREAS, all work except items listed on the punch list was found to be satisfactory for acceptance with respect to the application for payment by the contractor.

     NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Thibodaux in regular session on February 17, 2004 that the work under the aforementioned project be and is hereby accepted as substantially complete on the date hereinbefore specified.

     BE IT FURTHER RESOLVED that the Council Administrator is hereby authorized to file with the Clerk of Court of the Parish of Lafourche, a certified copy of this resolution in order to commence the 45-day lien period.

     BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to Byron E. Talbot Contractor, Inc., P.O. Box 5658, Thibodaux, LA 70302, and to Duplantis Design Group, 314 E. Bayou Road, Thibodaux, LA 70301. 

The above resolution having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS:     None

     ABSENT: None

     ABSTAIN: None    

    And the above resolution was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                       /s/Chad J. Mire

Tommy Eschete, Council Adm.                 Chad J. Mire, President

            A public hearing was then held on an ordinance recommended by the Planning and Zoning Commission to approve the subdivision of land located on Washington Avenue to accommodate the construction of two new homes by “Habitat for Humanity”.

            Jules Toups of Acadia Land Surveying stated that Habitat appreciates the help that the City has given them in this project and the Council’s support.

            The Council approved the ordinance to subdivide the property on Washington Avenue by acclamation.

ORDINANCE NO. 2183

                                                AN ORDINANCE APPROVING THE

                                                RE-SUBDIVISION OF PROPERTY

LOCATED ON WASHINGTON AVENUE

            BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

            WHEREAS, the Planning and Zoning Commission of the City of Thibodaux has reviewed a request concerning the re-subdivision of property located on Washington Avenue belonging to “Habitat for Humanity”; and

            WHEREAS, the proposed request involves a .2133 acre parcel of property; and

            WHEREAS, the said commission has approved the aforesaid request and is recommending that the City Council concur with their recommendation; and

            WHEREAS, in accordance with the provisions of Chapter 1 of the Thibodaux Subdivision Regulations, this re-subdivision should be accepted by the adoption of an appropriate ordinance.

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that the re-subdivision of property located on Washington Avenue as recommended by the Planning and Zoning Commission is hereby accepted and approved as requested.

            BE IT FURTHER ORDAINED that a copy of the plat illustrating the said re-subdivision is attached hereto and thereby made a part hereof.

            The above ordinance having been submitted to a vote the vote thereon was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None

            ABSENT: None

            And the above ordinance was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            A public hearing was then held on an ordinance requested by Councilman Mire to include in the City Code of Ordinance a procedure in which a dog can be considered vicious, the manner in which a vicious dog should be housed, and also providing for the levy of fines and penalties for any vicious dog owner or keeper who does not comply with its regulatory provisions.

            Councilman Mire’s request for this ordinance was made in response to an incident reported to him by a citizen involving the attack of his wife by a neighbor’s dog.

            Michelle Mire asked the Council to clarify some of the contents of the ordinance.  She asked who would determine if a dog attack was provoked or not.  The Council Administrator stated that a complaint would have to be filed, then an officer would take the information from the person making the complaint and a hearing would be scheduled to determine the cause of the attack.

            Ms. Mire asked where and how the dogs would be confined if the animal control officer picks them up.  The Mayor stated that we are currently working with Lafourche Parish to construct an Animal Control Facility for the entire Parish including the City of Thibodaux.  We will need to address the problem of housing the animals once the facility is available.

            Councilman Winston stated that his wife is scared to walk down the street due to stray dogs roaming the streets.  He feels that the Council’s main concern should be the safety and security of the citizens.

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard the Council voted to amend Section 5-23.3 (9) of the ordinance to read that the owner of a vicious dog shall display a sign on his or her premises warning that there is a vicious dog on the premises.  Upon roll call the vote was as follows:

           

YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

            On motion of Councilman Winston, seconded by Councilman Gene Richard, the Council voted to adopt an ordinance to amend and re-enact Article II of Chapter 5 of the Thibodaux City Code of Ordinances so as to amend Section 5-23 (Vicious Dogs) as amended.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

ORDINANCE NO. 2184

 

 AN ORDINANCE TO AMEND AND RE-ENACT
ARTICLE II OF CHAPTER 5 OF THE THIBODAUX
 
CITY CODE OF ORDINANCES SO AS TO AMEND
SECTION 5-23 (VICIOUS DOGS)  

     BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that Section 5-23 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to read as follows:

 

Sec.  5-23.  Vicious and Nuisance Dogs

 

Sec. 5-23.1  Nuisance Dogs - Definition

A.        Nuisance dogs. The definition of nuisance dogs includes but is not limited to dogs whose owners repeatedly allow them to:

(1)  Bark excessively;

(2)  Roam free or unrestrained;

(3)  Trespass on private property;

(4)   Damage property;

(5) Molest passersby;

(6) Chase vehicles; and/or

(7) Disturb the peace in any way.

 

                 Sec. 5-23.2  Vicious Dogs - Definition

                 Vicious Dogs        

(1) Vicious dogs are defined as dogs who unprovoked have attacked or bitten a human being or animal or have a known propensity, tendency or disposition to attack unprovoked, to cause injury or to endanger the safety of human beings or animals.

(2) No dog shall be declared vicious if injury or damage is sustained by a person who was willfully trespassing or committing or attempting to commit a crime or committing other tort upon the premises occupied by the owner or keeper of the dog. Also. exempted are dogs who were teased, tormented, abused or assaulted by the injured person or animal prior to attacking or biting. No dog shall be declared vicious if the dog was protecting or defending a human being in its immediate vicinity from attack or assault.

(3) The definition of vicious dog includes dogs who are trained or kept for dogfighting.

 

                 Sec. 5-23.3  Potentially Vicious Dogs     

(1) Potentially vicious dogs are defined as dogs who, when unprovoked, in a vicious or terrorizing manner approach any person or animal in an apparent attitude of attack in any public place in Thibodaux.

(2)        Dogs who have violated any of the above conditions can be declared to be a nuisance, vicious or potentially vicious by the City upon written complaint of a citizen or by the Thibodaux Police Department or other public safety agency. A hearing conducted by the Thibodaux Police Department will determine whether the dog in question is a nuisance, vicious or potentially vicious dog. The animal's owner will be notified of the hearing by certified mail. The hearing must be open to the public and must be held within two weeks of the service of notice upon the owner or keeper of the dogs.

(3)        Prior to the hearing, if the dog is believed to be a potential threat of serious harm to people or to other animals, the City may require the dog to be impounded during the hearing and appeal process. The owner or keeper is liable for any boarding and impounding fees incurred.

(4) The owner will be notified of the findings of the City, in writing. If the dog is declared a nuisance, vicious or potentially vicious dog, the City may impose any and all penalties and fines allowed under this section. Furthermore, the City may require that the dog be removed from the City or that the owner or keeper comply with the provisions of this section as stated below. Any owner or keeper who feels that they have been aggrieved by the decision of the City may appeal the determination in district court.

(5)        Confinement of vicious or potentially vicious dogs; restrictions outside of confinement.

(6)        Dogs found to be vicious or potentially vicious as a result of a hearing before the City or the City’s designee must be confined within a dwelling or within a fence or structure at least six feet high and may additionally be required to be tethered within the confines of such a fence or structure. The enclosure must be securely constructed and locked, with secure sides, top and bottom, to prevent the animal from escaping and suitably to prevent the entry of young children.

(7)        Dogs found to be vicious or potentially vicious as a result of a hearing before the City or the City’s designee must be muzzled and restrained by a substantial leash and collar and must be accompanied by a responsible person at all times when outside the enclosure as stated above. The muzzle must not interfere with the dog's vision or respiration, but it must prevent it from biting any person or animal.

(8)        The owner or keeper of a vicious dog shall present to the City proof that the owner or keeper has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by the vicious dog during the twelve-month period for which licensing is sought. The policy shall contain a provision requiring the City of Thibodaux to be named as an additional insured for the sole purpose of the City to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

(9)        The owner or keeper of a vicious or potentially vicious dog shall display a sign on his or her premises warning that there is a dog on the premises that is vicious. Said sign shall be visible and capable of being read from any adjacent public way.

(10)The owner or keeper of a vicious or potentially vicious dog shall notify the Thibodaux Police Department immediately if the dog is on the loose; is unconfined, has attacked a person or another animal or has died or been sold or given away.

(11) If the animal has been sold or given away, the City shall be provided with the new owner's name, address and telephone number.

(12)Vicious and potentially vicious dogs will not be issued licenses until the requirements stated by the City are met. If the requirements are not met, the following penalties apply:

(a) Failure to license a vicious dog, failure to secure the animal by enclosure in the required structure or to muzzle and leash or restrain; and failure to obtain and maintain required insurance: The animal shall be confiscated by the City and held for a period of 10 business days or until the license and liability insurance is obtained, and the owner or keeper shall be fined $150. If the owner or keeper fails to obtain the required license and/or insurance within the ten-day period, the animal will be humanely euthanized.

(b) Violations as stated above that result in the unprovoked worrying, wounding or killing of any domestic animal: The animal shall be confiscated by the City and humanely and expeditiously euthanized at the expense of the owner, and the owner shall be fined $300.

(c) Violations as stated above that result in the unprovoked worrying, wounding or killing of a human being: The animal shall be confiscated by the City and humanely and expeditiously euthanized, and the owner or keeper shall be fined $300.

 

(13) No person shall be charged with the penalties outlined above unless the dog, prior to the offense alleged, shall have been declared a vicious or potentially vicious dog pursuant to the provisions of this article.

(14) The City shall provide notice of the impoundment and/or pending destruction of the vicious or potentially vicious dog to the registered owner or keeper of said dog.

(15) If the owner or keeper of a dog impounded for allegedly violating this article believes the violation did not occur, such owner may petition a court of competent jurisdiction praying that the dog not be destroyed. The impounded dog shall not be destroyed pending resolution of such owner's or keeper's petition. The dog shall remain impounded pending a hearing on the petition and any subsequent appeal.  The said hearing shall be held after the owner has had a minimum ten calendar day notice of such hearing date, time and location.

 

Sec. 5-23.4  Complaint procedure.

A.        It shall be the duty of the Chief of Police of this municipality to receive and investigate complaints involving attacks or bites by dogs, dogfighting activities and the training or encouragement of dogs to make unprovoked attacks upon persons or domestic animals.

     The above ordinance having been submitted to a vote, the vote thereon was as follows:

     YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

     NAYS: None

    ABSTAINED: None         

    ABSENT: None 

     And the above ordinance was declared adopted this 17th day of February 2004.

/s/Tommy Eschete                                          /s/Chad J. Mire

Tommy Eschete, Council Adm.                     Chad J. Mire, President

            On motion of Councilman Swanner, seconded by Councilman Gene Richard, the Council voted to add an item for introduction to the agenda for a servitude dedication for Bell South Telecommunications.  Upon roll call the vote was as follows:

            YEAS: Councilmen Swanner, G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: None

Bell South Telecommunications has completed the design of the construction of a cable line to be located in North Thibodaux near the raw water reservoir.  In order to construct the cable line, the City must grant a servitude for the construction and maintenance of the cable on City property.

            Councilman Dee Richard introduced an ordinance granting a utility servitude to Bell South Telecommunications for the construction and maintenance of a cable line in North Thibodaux near the raw water reservoir.  The public hearing on this ordinance will be held at the March 2, 2004 City Council meeting.

            There being no further business, the meeting was adjourned.

 

____________________________                            ___________________________

Tommy Eschete, Council Adm.                                 Chad J. Mire, Presiden
 
   
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