Item 1.2 Rudoet Amendment. tCoi.inty Auditor)
ORDER tJO. 24142
DECLARE RN EMERGENCY RND TRANSFER FUNDS
IN THE ELECTION EXPENSE
On this the 11th day of August 1997, upon motion made by
Judge Denson, seconded by Commissioner Baldwin, the Court
unanisously approved by a vote of 5-0-0, to transfer
84,493.97 from Surplus Fund-General Fund with 84,328.15 to
Line Item No. 10-402-108 Judges R Clerks;with 8145.00 to Line
Item No. 10-402-4E0 Rental;with 819.07 to Line Item No.
10--402-330 Election Supplies with 81.75 to Line Item No.
10-402-430 Notices in Election Exper~~se and to authorize
Special Accounts Payable payment to Election Workers and to
pay rent for polling places.
Item 2.5 Consider and Discuss Inter^local Agreement for
Animal Control Services between Kerr County and the City of
Center Point and authorize the County .judge to sign same.
tCommissioner F'ct. #')
ORDER NO. 2414.:,
AF'F'P.OVAL OF INTEP,LOCAL AGREEMENT FOR
ANIMAL CONTROL SERVICES BETWEEN
{;ERR COUNTY AND THE CITY OF CENTER F'OINT
ANL) RUTHORIZE THE COUNTY JUDGE TO SIGN SRME
On tl'~is the 11th day of August 1997, upon motion made by
Judge Denson, seconded by Commissioner Lackey, the Court
unani~eously approved by a vote of 5-0-0, Interlocal Agr^eement
for Animal Control Services Getween Kerr County and the City
of Center^ Point and authorize the County Judge to sign same.
PAGE 331
INTERLOCAL AGREEMENT
ANIMAL CONTROL SERVICES
BETWEEN KERR COUNTY
AND THE CITY OF CENTER POINT
This Agr^eement {her^ein "Agr^eement") is made by and between
the City of Center Point fher^ein "City") and the County of
K.err- {herein "County"i, pur^suant to the terms and provisions
of Chapter 791 of the Texas Gover^nment Code {Interlocal
Cooperation Ar_t).
ARTICLE 1
1.+~1 The initial terms of this Agreement shall be from
September^ 1, 1997 through April 1, 1998.
l.ft5:: This Agr^eement shall be renewed automatically, without
action by any par^ty her^eto, far^ successive periods of one {1)
year- each, commencing on Januar^;~ i, 1999, unless notice of
cancellation is given by an party her^eto not less than sixty
{EVJ) days prior^ to the commencement of the r-~enewal term in
question.
RRTICLE
PURPOSE
x.01 TF-,e purpose of this agreement is for the county to
provide animal control services, as that term is defined
below, within the car^porate limits of the City, pursuant to
the ter^nis of all cu'r•r^ently existing and her-~eafter^ enacted city
animal control ordinances, and all ether applicable state laws
and/or^ county regulations.
C. G' The parties of this Agreement hereby agree that animal
control ser^vices can be pr^ovided mo'r'e efficiently and
economically to all citizens of both, parties by vir^t,-~e of this
Inter^local Agr^eement than such services could be provided
independently by either^ entity.
ARTICLE
"ANIMAL CONTROL SERVICES" DEFINED
3.~1 "Animal Control Services", as used herein shall mean
detention of live unrestrained, unoained or^ stray dogs or- cats
under^ the rules and regulations imposed for such detention by
the Ker^r Co,-rnty Animal Control Order^, Ordinances of the City
of Center^ Goint and state law.
3.~c Such animal control services shall specifically include
--• detention of animals subject to quarantine, unless the animal
ir, question is to 6e home q,-rar^antined in the opinion of the
enfo'r°eement officer.
F'RGE .,c
RRTICLE 4
CONTRACTED SERVICES
4.01 The County age-e es to pr^ovide animal control ser^vices
aiithin the cor^por'ate limits of the City during the ter^m of
tt-~is Agreement.in r^eturn for^ the car~sideration set out below
in Reticle 5.
ARTICLE 5
CONSIDERATION
5.01 In return for^ the animal control ser^vices provided to the
City pursuant to Ar^ticle 4 of this Agreement, the City agrees
to r-~eimb~-arse the County as follows:the City shall pay a
monthly amount of X10.00 with the total being 8120.00
annually. This amount to be paid to the County in return for-
the County's pr-ovision of animal control services. The first
such payment shall be due and payable to the County on or
befor^e October 1, 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.
RRTICLE 6
ANNUAL PUDGET
6.01 The County shall establish an annual budget cover^ing the
animal control services by the county and shall thereafter
submit e. report to the City of the County's actual costs of
providing these ser^vices to the City, within thir-t ;~ days cif
receiving a written request from the Gity, but in no event
shall the County be r^equir^ed to provide such budget figures
befor^e July 1, 1998.
RRTICLE 7
RCCESS TO RECORDS
7.01 "fhe County's animal shelter^ services' books and records
shall be available for^ inspection ar~d copying by the City at
reasonable times and upon r^easonable request.
ARTICLE 8
INDEF~ENDENT CONTRRCTOR
8.01 In the performance of its obligations hereunder, the
County is an independent contractor-, with exclusive eight to
supervise, manage, control and direct the performance of
animal control services.
8.0'~ The City shall look to the county for results only, and
~- shall not have neither- the right at any time to direct or
supervi=_.e any county personnel, agents or employees in the
performance of animal contr^ol services, nor as to the manner-,
means or methods in which the services are performed.
^AGE 333
8.03 City shs.ll adopt by or°dinance, an or^dinance granting
County the exclusive r'~ight to enforce county animal control
services in the city. During the term hereof, to cite Center
Paint citizens for^ violations, to enfor^ce same in J:_~stice of
the peace Cour°ts to fine and keep the fines and casts of
Court, to take appr^opr-iate actions with said animals, char°ge
for^ impoundment, assess such char^ges.
RRTICLE 9
GENERAL PROVISIONS
9.01 In case any one or^ mor°e of the provisions contained
in this Agr^eement shall for- any reason be held to be invalid,
illegal or° unenfor^ceable in any respect, such invalidity,
illegality or^ unefor^ceability shall not affect any other^
provision hereof and this Agr^eement shall be constr^ued as
t!':ouoh t'r:e invalid, illegal or^ i.inenfor°ceable pr^ovision had
never been contained herein.
9.02 This Agreement cor:stitutes the sole and only Agreement
of the par'~ties and s:.iper^sedes any prior understandings or-~
written or oral Agr^eements between the parties with respect to
the s:_rbject matter her-~eof.
APPROVED and adopted 6y Kerr County Commissioners' Court on
this the 11th day of Aug~.ist, 1997.
.-. /s/Robert A. Denson
/t/Rober't A. Denson
KERR COUNTY JUDGE
Attest:
/s/F'atricia Dye
/t/F'at Dye, Ker^r^ County Cler^k and
Ex-Officio Cler^k of the Commissioners'
Court of Kerr County, Texas
APPROVED and adopted by the City Council for° the City of
Center^ F~oint an this c8 day of Ji.ily 1997
/s/Mary Shults
MAYOR, CITY OF CENTER POINT.
Attest:
/s/Mar°la Veretto
City Secretary
PAGE 334