DRDER NO. ~414~ AP'P'ROVAL GF IPJTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES PETWEEN KERR COUNTY AND THE CITY DF CENTER F'OINT AND AUTHORIZE THE COUhJTY JUDGE TO SIGN SAME Gn this the 11th day of ALigLtSt 1997, +_ipon motion made by J~_idge Denson, seconded by Commissioner Lackey, the Co~_irt unanimously approved by a vote of ~-Q~-~, Inter^local Agreement fo'r^ Animal Contr^oI 5er^vices between Ker^r^ Ca~.tnty and the City of Center F'oint and a~.ithori~e the Co+_~nty J+_~dge to sign same. INTERLOCAL AGREEMENT -- ANIMAL CONTROL SERVICES BETWEEN KERB COUNTY AND THE CITY OF CENTER POINT This Agreement {herein "Agreement") is made by and between the City of Center Point (herein "City") and the County of Kerr (herein "County"), pursuant to the terms and provisions of Chapter 791 of the Texas Government Code (Interlocal Cooperation Act). ARTICLE 1 TERM ,S~r~T~~r3~2 ~ 1.~1 Th .initial terms of this Agreement shall be from ~z m e._ ., 1997 through .Bx~~l , 1998. 1.02 T 's Agr m t shall ere wed auto tica witho a 'on by any rt her _ o, for successive rinds o n (1) year a ch, c mencing nuary 19 ,unless ice of cancel) n given b ny party here of less than (60) day rior to the corn enceme of ere wal ter n uestion. ARTICLE 2 PURPOSE 2.01 The purpose of this agreement is for the county to provide animal control services, as that term is defined below, within the corporate limits of the City, pursuant to the terms of all currently existing and hereafter enacted City animal control ordinances, and all other applicable state laws and/or county regulations. 2.02 parti of is ree nt hereb ree that a ' al c trol se es n e provided efficient and econ i to all citi s of both pa by virtu this Interloc g ement an uch s s could be rov ed indep d tly by they ntity. ARTICLE 3 "ANIMAL CONTROL SERVICES" DEFINED 3.01 "Animal Control Services", as used herein shall mean detention of live unrestrained, unowned or stray dogs or cats under the rules and regulations imposed for such detention by the Kerr County Animal Control Order, Ordinances of the City of Center Point and state law. 3.02 Such animal control services shall specifiically include detention of animals subject to quarantine, unless the animal in question is to be home quarantined. in1 frt~ pp~N.n ~ OF -7'N~~C ~N~ot2 t ~ r~a~N T t~F} i c EcR , ARTICLE 4 CONTRACTED SERVICES 4.01 The County agrees to provide animal control services within the corporate limits of the City during the term of this Agreement, ' ~- ARTICLE 5 5. In ret n for the ar Agre men ,the City agr~ amou $10.00 with th ir. rptu or the Cot!r!ty's due d p able to the sh be du nd paya E d ing the contract p ion mal c trot services a t reimburse the C tal being $120.00 QViSinr? of animal c ~ ty on or before on r before the rs1 ide to the City p rsuant to icle of this t as follows: the sh pay a m nthl ually. This amount to aid to the my t services. The first . r~avment !I be o , 1997, and e h p ment th ea er 'n ar day of each ubseq ent mo th ARTICLE 6 ANNUAL BUDGET 6.01 The County shall establish an annual budget covering the animal control services by the county and shat( thereafter submit a report to the City of the County's actual costs of providing these services to the City, within thirty days of receiving a written request from tg~~` !~ ~ City, but in no event shall the County be required to provide such budget figures before ~fp- ~ ARTICLE 7 ACCESS TO RECORDS 7.01 The County's animal shelter services' books and records shall be available for inspection and copying by the City at reasonable times and upon reasonable request. ARTICLE 8 INDEPENDENT CONTRACTOR 8.01 In the performance of its obligations hereunder, the County is an independent contractor, with exclusive right to supervise, manage, control and direct the performance of anima! control services. 8.02 The City shall look to the County far results only, and shall not have neither the right at any time to direct or supervise any county personnel, agents or employees in the performance of animal control services, nor as to the manner, means or methods in which the services are performed. ~,~~ C^rr~t SµM-~ A~OP'f pti 02D-~l~rv~~[~ pN ORS-Narac~ C-~Rr~N~"~+~/~ Co~N'r}- ?µE. '~h C ~- ~1NA, t~2~~4~} T ?b ~"NFOQC.lt- C e ~o N 'T`r frtrJ +r/i ~} 4„ Cdnf 7Ro L. SEER-~/1tFS~ Ul~iN 4TH T~~r2~ NErt~tpf~ To Ci~t~.GcrJ~•t/t Po,N~r- Q-TI16~/s Foil lJro4~r fiOrU S Tp ~Er./I~D/Z ~-~ S~4r-~~ /+~l .. /N~ f~aiF BF~+~ ~;•te,c cnua?s Te Fir~1~2 I-N/ p K~ [p ?Hr~ ~-«1-t,a ~Nt~ ~o.S'r~ pF Gna~ rt ~ ~ ~o T~}K~E RPrQ~?oQ~~~)x ~}a-Ti oN} UJ~~'# ,$-~1 ~ /~r~+l M~t~-T ~ CN~1REc~ X02 /M~o~~1AMENf~ g~~~SfStfeH eu~2~~S~ ... ARTICLE 9 - rFNERAL PROVISIONS 9.01 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 though the invalid, illegal or unenforceable provision had never been contained herein. 9.02 This Agreement constitutes the sole and only Agreement of the parties and supersedes any prior understandings or written or oral Agreements between the parties with respect to the subject matter hereof. AP D and adopted by Kerr County Commissioners' Court on this ~~"~ day of 1997. Attest: 4 ~ Pat Dye, Kerr County CI k and ~` Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas BER A. N N, K RR COUN UDGE APPROVED and adopted by the City Council for the City of Center Point on this -~~ day of (~, 1997. Attest: /J/i .~~~- .~ MAY ~ , CITY OF CENTER POINT ~~ ~.a, U.~.Q~- City Secretary INTERLOCAL AGREEMENT ANIMAL CONTROL SERVICES BETWEEN KERR COUNTY AND THE CITY OF CENTER POINT This Agreement (herein "Agreement"} is made by and between the City of Center Point (herein "City") and the County of Kerr (herein "County"), pursuant to the terms and provisions of Chapter 791 of the Texas Government Code (Interlocal Cooperation Act). ARTICLE 1 TERM 1.01 The initial terms of this Agreement shall be from _~~~~___~ , 1997 through December 31, 1998. 1.02 This Agreement shall be renewed automatically, without action by any party hereto, for successive periods of one (1) year each, commencing on January 1, 1999, unless notice of cancellation is given by any party hereto not less than sixty (60) days prior to the commencement of the renewal term in question. ARTICLE 2 PURPOSE 2.01 The purpose of this agreement is for the county to provide animal control services, as that term is defined below, within the corporate limits of the City, pursuant to the terms of all currently existing and hereafter enacted City animal control ordinances, and all other applicable state laws and/or county regulations. 2.02 The parties of this Agreement hereby agree that animal control services can be provided more efficiently and economically to all citizens of both parties by virtue of this Interlocal Agreement than such services could be provided independently by either entity. ARTICLE 3 "ANIMAL CONTROL SERVICES" DEFINED 3.01 "Animal Control Services", as used herein shall mean detention of live unrestrained, unowned or stray dogs or cats under the rules and regulations imposed for such detention by the Kerr County Animal Control Order, Ordinances of the City of Center Point and state law. 3.02 Such animal control services shall specifically include detention of animals subject to quarantine, unless the animal in question is to be home quarantined. ARTICLE 4 CONTRACTED SERVICES 4.01 The County agrees to provide animal control services within the corporate limits of the City during the term of this Agreement, in return for the consideration set out below in Article 5. ARTICLE 5 CONSIDERATION 5.01 In return for the animal control services provided to the City pursuant to Article 4 of this Agreement, the City agrees to reimburse the County as follows: the City shall pay a monthly amount of $10.00 with the total being $120.00 annually. This amount to be paid to the County ~n return for tha ('.7ilntji'~ nrp~iiciCln c,fa,.nimal ccntYol servicPS. The first such navment sha!! be due and payable to the County on or before ~~~c~vw / , 1997, and each payment thereafter shall be due and payable on or before the first calendar day of each subsequent month during the contract period. ARTICLE 6 ANNUAL BUDGET 6.01 The County shall establish an annual budget covering the animal control services by the county and shall thereafter submit a report to the City of the County's actual costs of providing these services to the City, within thirty days of receiving a written request from the City, but in no event shall the County be required to provide such budget figures before July 1, 1998. ARTICLE 7 ACCESS TO RECORDS 7.01 The County's animal shelter services' books and records shall be available for inspection and copying by the City at reasonable times and upon reasonable request. ARTICLE 8 INDEPENDENT CONTRACTOR 8.01 In the performance of its obligations hereunder, the County is an independent contractor, with exclusive right to supervise, manage, control and direct the performance of animal control services. 8.02 The City shall look to the County for results only, and shall not have neither the right at any time to direct or supervise any county personnel, agents or employees in the performance of animal control services, nor as to the manner, means or methods in which the services are performed. ARTICLE 9 GENERAL PROVISIONS 9.01 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 though the invalid, illegal or unenforceable provision had never been contained herein. 9.02 This Agreement constitutes the sole and only Agreement of the parties and supersedes any prior understandings or written or oral Agreements between the parties with respect to the subject matter hereof. APPROVED and adopted by Kerr County Commissioners' Court on this day of , 1997. ROBERT A. DENSON, KERB COUNTY JUDGE Attest: Pat Dye, Kerr County Clerk and Ex-Officio Clerk of the Commissioners' Court of Kerr County, Texas APPROVED and adopted by the City Council for the City of Center Point on this -~~ day of _(u (,~ , 1997. MAYO. ,CITY OF CENTER POINT Attest: City Secretary -~~; ~ ~• ~ I ~ v ~J _ p J '. ~..... ._. _~. ~~ 9 s `~ / O O ~ t` o r.', • a' ~ `v j " . a „~ T' ~ n COMMI~~IONE.RS' GQUItT AGENDA h~;QUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Robert A. Denson OFFICE: CountXJud~e MEETING DATE: August 11, 1997 TIl~IE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss Interlocal Agreement for Animal Control Services between Kerr County and the City of Center Point and authorize the County Jud ego sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge 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 Monday. 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 Conunissioners' Court. INTERLOCAL AGREEMENT ANIMAL CONTROL SERVICES BETWEEN KERR COUNTY AND THE CITY OF CENTER F~DINT This Agreement therein "Hgr-•.=•emer:t") is made b;i a+~d between the City of Center F'oint therein "City") and the County of ker"'r~ ti':er-eir: "i:.ul.+nt~}•'3, ~'J't.i:'s:.lan~ tG tl':E teY•m~ and pr~o~}153an5 of Chapter 791 of the Texas Government Cocle tlnterlocal Cooperation Act). ARTICLE 1 1.~1 The initial term:: of t!-,is Agreement shall be from September 1, 199' through April 1, 1998. i.• ~ Th' s Agr ement .hall be r ,ewe ac•t'on by any -rt hereto, for u year ach, comme ing on January cane lot i on i s ~ en by an par-•t y h t~0) d~. s prior o e commencem nt que tian. ~'a~_+tomatica iy withaa+t -essive per~io of one ti) 1999, ~_+nless otic•e of reto not les~ than sixty ~f the r~ene gal teem in ARTICLE F'URp'OSE =.:.01 The purpose of this agreement is for~ the County to provide animal control services, as that term is defined below, within the corpor~ate limits of the City, p~_+r^s~_+ant to the terms of all curr~ently existing and her~eafter~ enacted city animal control or~dinances, and all other applicable state laws and/or county reg~_+lations. c. ~ The par"-t es f this A reer-re hereb agree- that animal co tro servi a can be pr~o •de more effi_'en y and ec•o o caliy t all citizens both parties vir~tue of this Inte' oval Ag •e ment than s~_~c ervices cool pr~ovided inde dentiy by either-• entit ARTICLE .?, "ANIMAL CONTROL SERVICES" DEFINED S. ~1 "Animal Control Services", as +.+sed herein shall mean detention of live unrestr~ained, ~_+nowned or str~ay dogs or cats ,_+nder~ the •r~,_+les and regulations imposed for~ s~_+ch detention by the F:er~r~ County Animal Control Or~der, Ordinances of the City of Center Point and state law. ,~.fIEL Such animal control services shall specifically incl~_+de detention of animals s~_~b.ject to guar~antine, +.+nless the animal in question is to be home q~_~ar~antined in the opinion of the enforcement officer. ART I CL_E 4 CDNTRACTED SERVICES 4.01 The County agrees to provide animal control services within the corporate limits of the City during the term of this Agreement, i fr "-~~,- o sc ~e ~ . ARTICLE 5 CONSIDERATION 5. ~i in r^et ^n for the anima cortr-•ol services .pr-~ovided t the Cit purs~.x t to Ar icle 4 thi Agreemer~t, he City g;^ees to r^e'mb~_~r e the County a follows: he Cit sha 1 pay month] a on_~nt of ~i ~~ ith the to al b ing 81 ~c~. annual]. This amount t be paid to t aunty in et urn for the Cou y's provision f animal contra services he first such p-ym nt shall be ~e and payable t the Ca ty n or~ befor^ Oct ber^ i, 199 , d each paym t ere fter s i l be due - d payable an ^ bef ^e the fir case dar day of each sub eq~_tent onth during th cantrac period. ARTICLE 6 ANNUAL BUDGET E+.~i The County shall establish an annual budget covering the animal control services by the county and shall thereafter submit a report to the City of the County's actual casts of providing these services to the City, within thirty days of r-•eceivirng a written request fr-•om the City, but in na event shall the County be required to pr^ovide s~.~ch budget fig~_~res before _ , ~~~-~ ~ l~ ~~q ~. ARTICLE 7 ACCESS TO RECORDS 7.sZEi The County's animal shelter services' books and records shall be available for inspection and copying by the City at reasonable times and upon reasonable r-equest. ARTICLE 8 INDEPENDENT CONTRACTOR 8.~1 In the performance of its obligations hereunder, the County is an independent corntractor, with exclusive r^ight to sn_tper^vise, manage, cont•ral and direct the per^for^mance of animal contr-•ol ser^vices. B.OL The City shall look to the ca~_inty for results only, and shah not have neither the r^ight at any time to direct or supervise any co~_~nty per^sonnel, agents or employees in the performance of animal control services, nor as to the manner, means or methods in which the ser-vices ar-e per^farmed. 8.~1?., City shall adopt by or^dinance, an ordinance granting Co~_~nty the excl~_tsive right to enforce county animal contr-•ol services in the city. During the term hereof, to cite Center Point citi~.ens for violations, to enforce some in Justice of the Peace Courts to fine and keep the fines and costs of Cour-•t, to take appropriate actions with said animals, charge for impo~_~ndment, assess s~_~ch charges. ARTICLE 9 GENERAL PRDViSIDNS 9.~-1 In case any one or• mar-•e of the pr-•ovisions cantained in this Agreement shall for any reason be held to be invalid, illegal or ,_~ner,for-•ceable in any r-•espect, such invalidity, illegality or uneforceability shall not affect any other provision hereof and this Agreement shall be constr~,_~ed as though the invalid, illegal or~ unenforceable provision had never been cantained herein, 9.~~ This Agreement constitutes the sale and only Agreement of the parties and supersedes any prior^ understandings or written or oral Agreements between the par-•ties with respect to the subject matter-• hereof. AP'P'ROVED and adopted by Kerr County Comrr~issivners' Co+_irt on this the 11th day of Aug~_~st, 199x. 1s/Robert A. Denson /t/Robert A. Denson KERB COUNTY JUDGE Attest: /s/P'atricia Dye 1t/P'at Dye, Kerr Co~_-nty Clerk and Ex-Officio Clerk of the Commissioners' Co~_irt of Kerr Co~_~nty, Ter,as AP'P'ROVED and adopted by the City Co~_~nei l far the City of Center Point on this ~8 day of July 1997 /s/Mary Shults MAYOR, CITY OE CENTER ROINT. Attest: /s/Mar-•la Veretto City Secr-•etary Oxder N~• ZA143 al of Intexloc ApPz°valt for Anlbetween Agreemenser~ices City Kerrx~ountY and and of Center the ~OUntY Judge t0 Slgn Same. August 11, 199 X01, V Page ~~~