DRT?ER IVO• LL C Y.L.
Fai~'RF~DVAL DF CDNTRACI" X18 ~1MENUEn WI"fH THE CITY
DE 1',ERRVILt_E= FOR l"HE F~ItitIMAI_ C~OI~iTROI_ E~=aCILITY
On this the 7th day o•F Mar,ch iS9J, +_tpon mc,tion made k.,y
Commissioner Holel~amp, seconded tay Commissioner, Dehler~, the
Ca+_~rt unanimously approved by a vote of 4-Q~-Q~, to approve the
contr,ar_t as amendfad with the City of kSerrvi.lle on tk~e F:err
Coi.~nty animal Cantral Facility tend a+_~thori~e the Cot.tnty ,7 +_tcfge
to sign said cioc+_-ment.
COUNTY'S COPY
INTERLOCAL COOPERATION AGREEMENT
ANIMAL SHELTER
This Agreement ( herein "Agreement" ) is made by and between the
City of Kerrville (herein "City") and the County of Kerr (herein
"County").
ARTICLE I
PURPOSE
Pursuant to the authority of Chapter 791 of the Government
Code of the State of Texas, known as the "Interlocal Cooperation
Act" , and to provide for the public health and safety, the City and
County have determined to provide a facility for an animal pound or
shelter (herein the "Facility") for the mutual benefit of County
and City pursuant to the terms of this Agreement.
ARTICLE II
TERM
The initial term of this Agreement shall be from June 24, 1995
through September 30, 2005, subject to the further provisions
hereof.
This Agreement shall be renewed automatically, without action
by any party hereto, for successive periods of one (1) year each,
commencing October 1, 2005, unless notice of cancellation is given
by any party hereto not less than ninety ( 90 ) days prior to the
commencement of the renewal term in question.
ARTICLE III
CONTRIBUTIONS BY CITY
City agrees to (a) convey to County a tract of land (the
"Land") at the corner of Loop 534 and City Farm Road known as
Lot 1, Block 1, City Farm Subdivision, according to subdivision
plat recorded in Volume 6 , Page 238 of the Plat Records of
Kerr County, Texas, and (b) provide for the extension of water and
sewer service to the Facility.
Access to the Land shall be limited to City Farm Road, with no
separate direct access to Loop 534; however, access to the Land may
be by a private driveway connecting to City Farm Road and crossing
the unpaved portion of the Loop 534 right-of-way, subject to
approval by the State Highway Department.
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ARTICLE IV
CONTRACTED SERVICES BY COUNTY
County agrees to complete construction of the Facility no
later than June 24, 1995, in accordance with City codes, ordinances
and regulations, and to provide the following services hereunder:
1. Facility. County shall furnish a Facility sufficient to
meet the requirements of the State of Texas, and to enable
County to provide the services stated herein. Such Facility
shall be in operation, and shall have passed the State of
Texas examination, no later than June 24, 1995.
2. Operation. County shall operate and maintain the
Facility in compliance with State statutes, rules and
regulations and City and County ordinances and in a manner
comparable with other facilities of similar size and type.
Without limiting the generality of the foregoing, such
operation shall include the following:
A. The Facility shall be open to the public for
the delivery of animals five (5) days per week during
normal working hours.
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B. The Facility operator, or other County
employee, shall be on call at other times in order to
take emergency cases, and to open the Facility to the
public in such cases.
C. The City animal control and Police Department
officers will have 24 hour access to the Facility for
delivery of animals.
D.	County shall	provide routine daily	care of
animals	at the Facility,	including weekends and	holidays.
E. County shall provide adequate segregated
quarters at the Facility for the quarantining of animals
in bite cases and other emergency cases, as provided by
State law and City and County ordinances.
F. County will render euthanasia services such
that State law and City ordinances will be observed, and
such that the Facility will be operated on an uncrowded
basis. County will dispose of euthanized animals at the
City landfill or in such other manner as may be mutually
agreed upon by the parties in writing.
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G. County will accept for holding at the Facility
stray dogs and cats from the public and from City and
County animal control officers.
H. County will handle the reclamation of animals
by their owners and the adoption of unclaimed animals by
the public.
3. Facility Fees. The initial fees charged those persons
reclaiming or adopting an animal shall not exceed those now
provided by City ordinance. Such fees may be increased
pursuant and subject to the budget approval process provided
for herein.
4. City Animal Control and Revenues. The City may continue
to maintain the animal control program within the City of
Kerrville, and the County shall have no responsibility
therefor. The County's responsibility for any animal shall
not commence until such animal has been delivered to the
Facility.
The City shall continue to issue and collect for animal
licenses for those animals whose owners reside within the
Kerrville city limits, and the City shall retain the revenue
derived therefrom. The City shall retain any municipal court
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fines and costs incident to animal cases over which the City
exercises jurisdiction.
5. Office. County will provide, at the Facility, for the
City Animal Control Officer: an office; three feet by three
feet of storage space; and a telephone. The same, however,
may be shared with County.
6. Annual Audit. An annual audit report for operation of
the Facility will be provided to the City of Kerrville on a
review level or higher level, performed by a Certified Public
Accountant or licensed Public Accountant; and the City shall
have the right, at its own option and expense, to require the
performance of a complete audit in accordance with the usual,
customary and recognized accounting procedures.
7. Records and Inspection. The Facility, its operation,
books and records, shall be available for inspection and
copying by the City at reasonable times and upon reasonable
request. The Facility shall further be accessible for
inspection, without notice, by the City Health Inspector.
8. Maintenance. County shall maintain the Facility and
tangible personal property incident thereto in a first-class
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condition, substantially odor free, and in a well-kept
appearance, reasonable wear and tear excepted.
ARTICLE V
PAYMENTS TO COUNTY/BUDGET APPROVAL
1. Payments. To assist County in the costs of operation,
City agrees to pay to County, in advance on the first day of
each calendar month, commencing July 1, 1995 and continuing
through September 1, 1996, a sum equal to the LESSER of the
following:
(A) $1,700.00 per month; or
(B) Forty percent (40$) of County's current monthly
"Operating Costs" (as hereinafter defined), as
reflected on the budget approved by the City
Council, LESS the "Monthly Credit" (as hereinafter
defined).
Thereafter, commencing October 1, 1996, City shall pay to
County a sum equal to forty percent (40$) of County's current
monthly "Operating Costs" (as hereinafter defined), as
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reflected on the budget approved by the City Council, LESS the
"Monthly Credit" (as hereinafter defined).
As used herein, "Operating Costs" is defined as the
projected costs of operation of the Facility (exclusive of
debt service, capital expenditures and equipment purchases),
less projected contributions or income for the fiscal year (or
portion thereof) in question (including any projected
contributions from the City of Ingram or other party), all as
set forth in the budget approved by the parties hereto.
As used herein, "Monthly Credit" is defined as an amount
obtained by dividing (A) the sum of the (i) agreed value of
the land (being $9,000.00) and (ii) the actual cost to City of
extending water and sewer service to the Facility (estimated
to be approximately $15,000.00) by (B) 120 months.
Within 90 days after the end of each fiscal year, the
County shall provide to City a final statement of operation
costs and revenues for such fiscal year; and the City's
monthly payments for the remainder of the then current fiscal
year shall be increased or reduced to take into account any
variations from the approved budget.
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Payments by City hereunder will be made only out of
current revenues, as provided in the Interlocal Cooperation
Act.
2. Budget Approval. On or before May 15 of each year,
beginning May 15, 1995, one or more representatives of the
City Council and County Commissioner's Court, each of whom
shall be designated by the Council and Court before that date,
shall meet to review the financial statements of the Facility
and identify budgetary needs and discuss a proposed Facility
budget for the following fiscal year (and, in the case of the
current calendar year, a budget for the balance of the 1994-95
fiscal year).
A proposed budget for the next fiscal year shall be
presented to the Kerr County Commissioner's Court and the
Kerrville City Council on or before July 1 of each year. A
proposed budget for the remainder of the 1994-95 calendar year
will be presented on or before May 15, 1995.
Budget approval or disapproval will occur on or before
September 1st of each year; except that the budget for the
balance of the 1994-95 fiscal year will occur on or before
June 14, 1995.
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The City shall pay such sums as are approved by the City
Council pursuant to the budget approval process in equal
monthly installments on or before the first day of each month
during the term of this Agreement.
3. Budget Disapproval. The terms of this Agreement are
subject to annual approval by City Council of the County
budget for the Facility for the ensuing fiscal year. In the
event that the budget is not approved by the City, then the
City will pay for the ensuing fiscal year the monthly amount
then in effect for the then current fiscal year, and the
County will be responsible for payment of all other costs of
operation.
Notwithstanding the above, in the event City fails to
approve the budget as aforesaid, then County, at its option,
exercised within sixty (60) days after City's disapproval of
the budget, may elect to terminate this Agreement by written
notice to the City. In such event, termination shall be
effective six {6) months after date of notice of termination
from County to City. Any such termination shall be without
penalty or expense to City of any kind; but City nevertheless
will continue to pay County the monthly amount set forth above
in this Paragraph 3 during such six (6) month period.
Further, within ninety (90) days after the giving of notice of
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termination, County shall pay to City in cash an amount equal
to the balance of the cost of the Land and the cost of water
and sewer extension not theretofore credited to the City.
County's failure to exercise its termination right as
aforesaid within such sixty (60) day period shall constitute
a waiver of the termination option for the disapproval in
question.
ARTICLE VI
UTILITIES
County shall pay when due all charges and fees assessed by the
City for the provision of water and sewer service, including
monthly utility charges.
ARTICLE VII
DEFAULT
In the event of default by County in the performance of its
obligations hereunder, and failure to cure such default within
thirty ( 30 ) days after written notice from City to County, then
City, at its option, and without prejudice to any other remedy it
may have for breach of this Agreement, may terminate this Agreement
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by written notice to County, effective thirty (30) days after date
of the termination notice; provided, however that in the event of
any such termination, City (at City's option) may postpone the
effective date of such termination for a period of six (6) months
to allow the City sufficient time to make provision for other
animal shelter facilities.
In the event that City fails to make the monthly payments
required hereunder and such failure is not cured within thirty (30)
days after written notice from County, then County, at its option,
and without prejudice to any ether remedy it may have for breach of
this Agreement, may terminate this Agreement by written notice to
City, effective thirty (30) days after date of the termination
notice.
Within ninety (90) days after written notice of termination,
whether by City or by County, the County shall pay to City in cash
an amount equal to the balance of the cost of the Land and the cost
of water and sewer extension not theretofore credited to City.
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ARTICLE VIII
INDEPENDENT CONTRACTOR
In the performance of its obligations hereunder, the County is
an independent contractor with the exclusive right to supervise,
manage, control and direct the operation of the Facility.
The City shall look to the County for results only and the
City shall not have the right to direct or supervise the County or
any of its personnel, agents or employees in the performance of
such services or as to the manner, means or methods in which the
services are performed, except as herein expressly provided.
ARTICLE IX
GENERAL
In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof and
this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
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This Agreement constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties with respect to the subject
matter hereof.
APPROVAL
Approved and adopted by the City Council of the City of
Kerrville, Texas, this Z ~ day of I~?~~ , 1995.
CITY OF KERRVILLE
By:
CHARLES P: ~OHNSON,~Mayor
ATTEST:
By:
S ILA L. B D, City C erk
APPROVED AS TO FORM:
WALLACE, MOSTY, MACHANN,
JACKSON & WILLIAMS
By : ~ y~~~~% - 3 -~3 9S
E. DWAINE MACHANN
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Approved and adopted by the Commissioner's Court of Kerr
County this .7th day of March , 1995.
COUNTY OF KERR
By
R BERT A. SON, County Judge
ATTEST:
P TRICIA D , C CLERK
By:
KERR COU TY CLE , Ex-Officio
Clerk for Commissioner's Court
$STHEB R. GARZA, Deputy
D\C129\Agmt
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Glenn K. Holekamp OFFICE: Commissioners' Court
MEETING DATE: March 27, 1995
TIlbIE PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consideration and discussion to approve Contract with the
City of Kerrville on the Kerr County Animal Control Facility.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. #3
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
pg~ER N0, 22b02
ACID
AppROUAT, OF CON'~CT ~ ~ FOR
~~ ~ C12+Y OF I~
~ ANTr4AI, CON`PROL FACILITY
March 27, 1995
col T ~ page 796