-- COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R Hierhoker OFFICE: Kerr Countv Sheriff s Office MEETING DATE: Mav 29, 2001 T[ME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of agreement with Kerr County Animal Control officer, Marc Allen, for transportation and housing of estray animals. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: W.R Hierholzer ESTIMATED LENGTH OF PRESENTATION: 2 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: ,~-., Time for submitting this request for Court to assure [hat the matter is posted in accordance with Title 5, Chapter 551 an 552, Govemmem Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Cour[ Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~. DATE: May 29, 2001 TO: Kerr County Judge Fred Henneke and Kerr County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Agreement with Ken County Animal Control Consider and discuss approving agreement with Ken County Animal Control officer, Mazc Allen, for transportation and housing ofestray animals. ESTRAY ANIMAL AGREEMENT THIS AGREEMENT ENTERED INTO BETWEEN THE Ken COUNTY SHERIFF'S OFFICE AND Ken County Animal Control (Marc Allen) ACTING BY AND THROUGH W.R. Hierholzer ,SHERIFF, TO BECOME EFFECTIVE May 15, 2001 In consideration of mutual covenants, stipulations and payments, the parties hereby agree as follows 1. Agreement shall be for a period of one year from date of signatures. 2. This agreement may be terminated after notice of thirty (30) days by either party in writing. 3. Ken Counri Animal Control agrees to furnish the necessary equipment and personnel for the removal, penning and caze for all animals deemed estray or ordered removed, penned and cared for under court order. 4. Kerr Counri Animal Control shall have exclusive rights to all estray or court ordered packages within the county if he is available when contacted. '~ 5. Kerz Countv Animal Control shall be reimbursed for all reasonable expenses incurred under the agreement for hauling, feeding, care and veterinarian expenses while under care and control of Ken County Animal Control, provided Ken County Animal Control is able to vend said estrays, or collect from owner when located. Signature Sheriff of Ken County, Texas Marc Allen 3317 Looo 534 257-3100 Printed Name/Address/Phone (Designee of Sheriff of County, Texas) LIVESTOCK LAWS OF TEXAS CHAPTER IV. ESTRAYS Art. 4.01. EstrayAct The legal procedure of impounding and disposing of estrays is prescribed in Chapter 142 of the Texas Agriculture Code.1~ The Estray Act was extensively rewritten by the Texas Legislature in 1986 and amended in 1993 to cover exotic livestock and exotic fowl. Art. 4.02. Meaning of Estray An "estray" is a valuable domestic animal which has strayed from its owner.185 An animal may bean "estray" even though its owner is remote or would not reclaim his wandering animal with reasonable diligence,186 or the animal is found a great distance from its accustomed range.187 As used in the Estray Act, "estray" means any stray horse, stallion, mare, gelding, filly, colt, mule, hinny, jack, jennet, hog, sheep, goat, any species of cattle, exotic livestock or exoric fow1.188 "Exotic Livestock" means grass- eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the .... swine, horse, tapir, rhinoceros, elephant, deer, and antelope families but not including a mammal defined by Section 63.001, Parks and Wildlife Code, as a game animal, or by Section 71.001, Parks and Wildlife Code, ~ a fur-bearing animal, or any other indigenous mammal regulated by the Parks and Wildlife Department as an endangered or threatened species. The term does not include a nonindigenous mammal located on publicly owned land.ISv Art. 4.03. Finding an Estray; Notice A person who finds an estray on his own property, or the custodian of public property who finds an estray on public property, must report the presence of the estray to the sheriff of the county where the estray is discovered as soon as reasonably possible.l~ If the sheriff or his designee determines that an estray located on public property is dangerous to the public, he may immediately impound the animal without notifying the owner.191 If the owner does not immediately remove the estray, the sheriff must proceed with the impoundment process. (See Art. 4.07). Art. 4.04. Redemption of Estray Found on Private Property The owner of an estray found on private property may redeem the animal from the owner or occupant of private property by paying a redemption fee, if applicable, and ~' any damages incurred by the owner of the property.lez If the owner fails to redeem the estray within a reasonable period after notification, the sheriff, at the request of the ,. LIVESTOCK LAWS OF TEXAS owner of the property where the estray is located, must immediately impound ciu animal. Art. 4.05. Redemption Fee and Damages The sheriff, or sheriff's designee, may require a collection fee in an amount set by the sheriff not to exceed $25 if the sheriff or his designee is present at the time the owner claims the estray.19=' If the estray is found on private property, the owner of the property is entitled to receive from the owner of the estray a reasonable amount for maintenance of the estray and any damages, so long as the notice of estray was given to the sheriff no later than the fifth day after the owner of the property discovered the estray. The owner of the property may accept an agreed amount from the owner of the estray or file a petition with the justice court to have the amount deternuned by the justice of the peace.19~However, the property owner may not hold the livestock under any circumstance~If the sheriff assessed a collection fee for an estray, the owner of the estray may file a similar petition with the justice court if he disagrees with the amount of the fee.195 Art. 4.06. Justice Court Petition and Appeal ^ A petition in justice court seeking a determination of the amount of a redemption payment or the amount of a collection fee must contain the following: (1) the name of the owner of the estray; (2) a description of the estray; (3) the number of days the estray was trespassing; (4) the name of the owner of the property; (5) the purpose for which the land on which the trespass occurred is used; and (6) a statement that the estray owner and the property owner are unable to agree on the amount of the payment.I~ Either the owner of the estray or the owner of the property may appeal the justice court's determination to a panel of three disinterested persons familiar with livestock who reside in the county. The panel is appointed by the justice of the peace,197 and the panel's decision is final. Art. 4.07. Impoundment of Estray The sheriff or the sheriff's designee must impound an estray in the following situations: (1) the owner of the estray is unknown; (2) the sheriff or the sheriff's designee is unable to notify the owner; (3) the estray is dangerous to the public; (4) the estray is located on the public property and after notification is not irmmediately removed by the owner; or (5) the estray is located on private property and is not redeemed within a reasonable time after notification.19R After impounding the estray, the sheriff must prepare a Notice of Estrav (See Appendix), and file such notice in the estray records in the county clerk's office. .-. 23 LIVESTOCK LAWS OF TEXAS Art. 4.08. Owner of Estray Unknown If the owner of the estray is unknown, the sheriff or the sheriff's designee must make a diligent search for the identity of the owner of the estray, including a search in the county register of recorded brands, if the animal has a brand. If the owner is not identified the sheriff must advertise the impoundment of the estray in a newspaper of general circulation in the county at least twice during the fifteen days after the date the animal was impounded. Notice of the impoundment must be posted on the public notice board at the courthouse.199 This can he accomplished by posting the Notice of Estray mentioned above (See Appendix) on the public bulletin board, along with the Notice of Impoundment (See Appendix). Though not specifically required by statute, the sheriff should also execute an Affidavit of Publication and Posting of Notice of Estray (See Appendix) to verify that the publication and posting requirements have been met, and place the affidavit in the estray records of the county. Art. 4.09. Recovery of Impounded Estray by Owner The owner of an estray may recover possession of the estray at any time before the estray is sold.200 To recover possession the owner is required to execute an Affidavit of Ownership (See Appendix), which must be approved by the sheriff or his designee ^ and filed in the estray records of the county clerk. The owner must also pay all estray handling expenses before he can retake possession of the animal which may include all expenses incurred by the county in impounding, handling, seeking the owner of, or selling the estray as determined by the county sheriff. If the owner of the estray disagrees with the amount set by the sheriff, he may petition the justice court and appeal in the manner described above. (See Art. 4.06). A person may claim to be the owner of exotic livestock or exotic fowl only if the animal is tagged, branded, or marked in another conspicuous manner that can be read or identified from a long distance and that identifies the animal as the property of the claimant.soi If all of the above steps have been taken, then the owner must execute an Affidavit of Receipt of Estray (See Appendix) and deliver it to the sheriff to be filed in the county clerks office.202 Only then can the owner retake possession of the estray. Art. 4.10. Use of Estray The estray may not be used by the sheriff for any purpose during the period held.zos Likewise, an estray on private property may not be used by the owner of the property for any purpose.204 24 LIVESTOCK LAWS OF TEXAS Art. 4.11. Sale of Impounded Estray If the ownership of the estray is not determined before the third day after the date of final advertisement, or if the estray is not redeemed before the 18th day after the date of impoundment, the county has title to the estray and the sheriff must sell the estray at either a sheriff's sale or public auction licensed by the U.S. Department of Agriculture?05 The sheriff will allocate the proceeds of the sale in the following order of priority: (1) payment of the expenses of sale; (2) payment of the impoundment fee and other charges due the sheriff; and (3) if applicable, payment of any amount for maintenance and damage due to the owners of the private property from which the estray was impounded. If there are proceeds remaining after the sale and all expenses have been paid, the sheriff must pay the balance to the owner, if known. If the owner is still unknown, the balance must be deposited in the county jury fund, subject to the claim of the original owner of the estray 206 The owner may recover the net proceeds of the sale within one year of the sale by providing an Affidavit of Ownership which has been approved by the sheriff and filed in the estray records of the county clerk.207 Any time the sheriff sells an estray the sheriff must execute a Report of Sale of Impounded Stock (See Appendix) and file the report in the county estray records of the county clerk.zos Art. 4.12. Escape or Death of Impounded Estray If the estray dies or escapes while impounded, the sheriff shall make a writt:n r.:port of death or escape and file the report with the county clerk for placement in the county estray record 209 zs