_ ORDER N0. X5586
APPROVAL OF AGREEMENT BETWEEN THE CITY OF KERRVILLE, TEXAS
AND KERR COUNTY, TEXAS REGARDING PROVISION OF ANIMAL
CONTROL SERVICES AND AUTHORIZE THE COUNTY JUDGE TO SIGN SRME
On this day the 28th day of September, 1998 upon motion made
by Commissioner Baldwin, seconded by Commissioner Let z, the
Court unanimously approved by a vote of 3-@-@, the agreement
between the City of Kerrville, Texas and N.err County, Texas
regarding Provision of Animal Control Services and authorize
the County Judge to sign same subject to approval by City of
Kerrville, Texas.
AGREEMENT BETWEEN CITY OF KERRVILLE, TEXAS AND
KERB COUNTY, TEXAS REGARDING PROVISION OF
ANIMAL CONTROL SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into on this the /,~ day of
/~~_~~_ , 1998, by and between the City of Kerrville, Texas, ("City"), and the County of
Kerr, Texas, ("County"):
RECITALS:
WHEREAS, Texas Health and Safety Code §826.016 authorizes the governing body of a
municipality and the commissioners court of a county to enter into contracts with public entities to
carry out the activities required or authorized under Chapter 826 of the Texas Health and Safety
Code (also known as the "Rabies Control Act"); and
WHEREAS, in order to eliminate the duplication of effort and taxpayer funded resources by
the City and County in the enforcement of the Rabies Control Act and related city and county
regulations promulgated pursuant to the authority of the Rabies Control Act and other state laws, the
City Council of the City of Kerrville, Texas, and the Commissioners Court of the County of Kerr,
Texas, find it to be in the public interest to agree that either City or County be responsible for the
enforcement of animal control regulations within the City and County;
WHEREAS, on March 27, 1995, the City and County executed an agreement pursuant to the
Interlocal Cooperation Act (Tex. Govt. Code §§791.001, et.seq.) whereby County agreed to
construct and operate an animal control facility for the mutual benefit of the County and City in
exchange for land and other consideration from the City ("the Animal Shelter Contract"); and
WHEREAS, because the County is already by agreement operating the animal control facility
as described above, City and County agree it would be more practical and efficient to have all other
facets of animal control be performed by the County;
NOW, THEREFORE, in consideration of the recitals set forth above and the covenants
expressed herein, and in accordance with Texas Health and Safety Code §826.016 and the Interlocal
Cooperation Act (Tex. Govt. Code §§791.001, et.seq.), City and County hereby agree as follows:
Purpose: The intent of this Agreement is to establish the terms and conditions between City
and County whereby County agrees to enforce animal control laws and regulations within
City's incorporated limits to the extent County does not already possess exclusive jurisdiction
for enforcement, including, but not limited to, enforcement oŁ
a. the Rabies Control Act, as amended;
b. Art. I O-I-3 of the Code of Ordinances of the City of Kerrville, Texas, as amended;
Chapter 822 of the Texas Health and Safety Code, related to dangerous dogs;
Ftled~Dayof~AD.1T wTM~IE_
BIWE G. MEEKER
Gerk Courrty Court. Kerr County. Texas
By: Deputy
d. other applicable state and local regulations of animals and animal diseases.
2. Enforcement of Zoning Regulations Excluded: This agreement does not require or
authorize the County to enforce any provision of Title 11, Chapter I of the Code of
Ordinances of the City of Kerrville, Texas ("the Zoning Code"), related to the use and
development of property within the City's incorporated limits; however, in the event
enforcement action taken by the City pursuant to the Zoning Code results in a lawfully issued
order which requires the removal of animals from property within the City's incorporated
limits, County shall be responsible for taking possession of and removal of such animals
pursuant to this Agreement if such action is otherwise legally authorized.
3. Initial. Term: The initial term of this Agreement shall begin October 1, 1998, and end
September 30, 2005, subject to earlier termination as provided herein.
4. Annual Extensions: This Agreement shall be automatically renewed, without action by any
party hereto, for successive periods of one year each, commencing October 1, 2005, unless
notice of cancellation is given by either party in writing to the other party not later than
ninety days prior to the commencement of the next renewal term.
5. Level of Service: County agrees to provide the same level of animal control services and
enforcement within the City limits as is currently being provided by City personnel at the
commencement of this Agreement, which shall include, but not be limited to:
a. not fewer than two full-time animal control officers who, as part of their normal
duties in providing animal control services within Kerr County, will conduct regulaz
patrols within the City limts during weekday business hours (excluding holidays);
b. emergency call-out during all times other than weekday business hours;
c. pick up of dead animals; and
d. call response to City resident complaints within a reasonable time.
6. Transfer of Propsrty: City agrees to transfer title to County, and County agrees to accept
title from City, the personal property described in Exhibit "A", attached hereto and
incorporated herein by reference. City and County agree that the value of the property
described in Exhibit "A" at the commencement of this Agreement is $21,000.00.
CITYOF KERRVILLE/KERR COUNTY AGREEh1ENT
FOR ANIMAL CONTROL SERVICES -_ PAGEZ
7. Payment to County: City agrees to pay County for the services described herein as follows:
a. For the period beginning October 1, 1998, and ending September 30, 1999, City
agrees to pay to County, in advance on the first day of each month commencing
October 1, 1998, the amount of $1,876.00.
b. For each twelve month period beginning on each October 1 during the initial term
of this Agreement after September 30, 1999, City agrees to pay County in advance
on the first day of each month, an amount calculated as follows:
FORTY PERCENT (40%) of County's Operating Costs for providing animal
control services as reflected on the budget approved by the City Council;
divided by
ii. 12, less
iii. $250.00.
c. For purposes of this section, the term "Operating Costs" is defined as the projected
costs of providing animal control services in Ken County as set forth in County's
annual budget, less:
i. Operating Costs attributed to operating County's animal shelter as set forth
in the Animal Shelter Contract; and
ii. any amounts contained in County's budget for debt service, capital
expenditures, equipment purchases, and overtime; and
iii. projected revenue to be received during the County's fiscal yeaz from other
public or private entities for providing animal control services, including, but
not limited to, the City of Ingram and the City of Center Point; and
iv. projected revenues to be generated through payment of animal license fees,
whether collected for animal licensed inside or outside City's incorporated
limits.
d. Not later than 90 days after the end of County's fiscal yeaz, County shall provide to
City a final statement of operation costs and revenue for providing animal control
services for such fiscal year. City's monthly payments for the remainder of the then
current fiscal yeaz shall be increased or reduced to take into account any variations
between the prior yeaz fiscal budget and actual expenditures.
CITY OEKERRYILLE/KERR COUNTY AGREEMENT
FOR ANIMAL C9NTROL SEBYICES -PACE 3
8. Budget Approval and Disapproval:
a. On or before July 1 of each year, County shall present to City a proposed budget for
providing animal control services for the County's next fiscal yeaz. City must
approve or disapprove the budget proposed by County before September 1 of that
year.
b. If City approves or fails to take any action on the budget presented by County, the
monthly payments due for said fiscal year from City shall be based on said budget.
c. If City disapproves the budget presented by County for the subsequent fiscal year,
City shall pay during the ensuing fiscal yeaz the monthly amount in effect for the
then current fiscal year. County shall have the option to either:
pay the balance of the animal control services operation costs as budgeted;
or
ii. terminate this Agreement by providing written notice to City not later than
60 days following City's disapproval of the budget presented, which
termination shall become effective 180 days after delivery of the notice to
City.
Such termination shall be without penalty or expense to City of any kind; provided,
however, City shall continue to pay County the monthly amount required by this
Agreement during the 180 period.
d. In the event of termination pursuant to Paragraph 8.c.ii., above, and if said
termination is prior to the end of the initial term of this Agreement, County agrees
to pay to City an amount equal to $250.00 times the number of months remaining on
the initial term of the Agreement not later than the date of termination.
e. City agrees to reimburse County for overtime, including County's costs for related
employee benefits, paid to County employees for call-outs outside normal working
hours to deal with dangerous animal cases, pick up of dead animals, and taking
possession of animals owned by or in the possession of people arrested by the
Kerrville Police Department. City shall be obligated to reimburse County for such
off-hour call-outs only if:
i. the call-out is first authorized by the Kerrville Police Department; or
ii. immediate response to the call-out, regazdless of authorization from the
Kerrville Police Department, is reasonably believed to be necessary to reduce
CITY OF KERRVILLE/KERB. COUNTY AGREEMENT
FORANIMAL CONTROL SERVICES_-.PAGE 4
or avoid imminent death or injury to a person or imminent damage to real or
personal property.
f. Payments by City hereunder shall be made only out of current revenues as required
by the Interlocal Cooperation Act.
9. City_Animal_Control_Revenues: During the term of this Agreement and any extension
thereof:
a. County shall be responsible for issuing and collect for animal licenses for those
animals whose owners reside within the City limits and shall retain the revenue
derived therefrom, notwithstanding the provisions of Article IV, Section 4 of the
Animal Shelter Contract
b. County animal control officers shall file all Class "C" misdemeanors related to
violation of animal control regulations which occur within the City limits in the City
of Kerrville Municipal Court, but only if the case is:
i. one over which exclusive jurisdiction does not lie with the County; and
ii. would have been filed in Municipal Court had City and County not entered
this Agreement.
10. Appointment of Local l3abies_ControLAuthority, During the term of this Agreement, City
agrees that the person appointed by the County to serve as the Local Rabies Control
Authority shall be the local rabies control authority for the City of Kerrville for purposes of
the Rabies Control Act. City shall have the right to terminate this Agreement upon providing
180 days written notice to County if City does not concur in the appointment of the person
County selects as the local rabies control authority.
I1. Default:
a. In the event of default by County in the performance of its obligations hereunder, and
County fails to cure such default within thirty (30) days after receipt of written notice
from City, City, at its option, and without prejudice to any other remedy City may
have for County's breach of this Agreement, may terminate this Agreement not
eazlier than thirty (30) days after delivering written notice of termination to County.
b. In the event that City fails to make the monthly payments required hereunder and
such failure is not cured within 30 days after receiving written notice from County,
County, at its option, and without prejudice to any other remedy County may have
CITY OF KERRVILLE/KERR COUNTY AGREEMENT
FOR ANIMAL CONTROL SERVICES. -PAGE S
for City's breach of this Agreement, may terminate this Agreement not earlier than
thirty (30) days after delivering written notice of termination to City.
12. Independent Contractor: In the performance of its obligations hereunder, County is an
independent contractor with the exclusive right to supervise, manage, control, and direct its
employees in the performance of the services hereunder. City shall look to County for
results only and shall not have the right to direct the County or any of its officers 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.
13. No Assignment: This contract shall be binding upon the parties hereto; provided, however,
that neither the City nor the County shall assign, sublet, or transfer their interest in this
contract without the prior written consent of the other.
14. Applicable Law} Venue: This contract has been made in and shall be construed in
accordance with the laws of the State of Texas. Venue shall be in Kerr County, Texas.
15. h[otice: Notice to City provided herein shall be sufficient if sent by first class mail, postage
prepaid to:
City Manager's Office
800 Junction Highway
Kerrville, Texas 78028
and notices to County, if sent by first class mail, postage prepaid addressed to:
County Judge
Ken County Courthouse
700 Main Street
Kerrville, Texas 78028
or to such other addresses as the parties may designate to each other in writing.
SIGNED AND AGREED on the dates indicated by the parties below.
CITY OF KERRVILLE, TEXAS
By_
Ben
~~~
Low, Mayor
~ i 3 i~s9
CITY OF tCERRVILLE/KERR COUNTY AGREEMENT
FOR ANIMAL CONTROL SERVICES -PAGE 6
ATTEST:
COUNTY OF KERB, TEXAS
By ~---~
Ro rt A. D s ,County Judge
ATTEST:
Sheila L. Brand, City Clerk County Clerk
APPROVED AS TO FORM:
~~
Kevin B. Laughlin, Ci Attorney
APPROVED AS TO FORM:
F~J 1
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ATTEST:
ATTEST:
:'
Sheila L. Brand, City Clerk County Clerk
APPROVED AS TO FORM:
~~
Kevin B. Laughlin, CI Attorney
APPROVED AS TO FORM:

\UCevin\d\WPdoos~PoliuUnimal Camrol - Kar Co.wpd
CITY OF KERRYILLE/KERR COUNTY AGREEMENT
FOR ANIMAL CONTROL SERVICES -PAGE 7
CITY PROPERTY TO BE TRANSFERRED TO KERR COUNTY'S
ANIMAL CONTROL
ITEM
QUANTITY
Live traps (cat/wildlife)	6
Have-a-heart trap	1
Dog trap	1
Cat carriers	2
Cat tongs	2
Catch poles	3
Snake tong	1
Catch nets small/large	2
Furniture	Assorted
1990 Chevrolet Pickup-VIN #1GCFC24KOLE173436	1
1998 Pickup -VIN #IFTPF276XWKB00994	1
Vehicle radios	2
22/410 Rifles	2
Exhibit "A"