ORDER N0.28998
INTER-LOCAL AGREEMENT
ANIMAL CONTROL SERVICES AND OPERATION OF FACILITY.
Came to be heard this the 24th day of January 2005 with a motion made by
Commissioner Nicholson seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to cancel and renegotiate the agreements. And authorize the
Judge to notify the City of Kerrville to negotiate the contracts.
3 ~'s 2 ~'
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson
MEETING DATE: January 24, 2005
OFFICE: Commissioner, Pct. 4
TIME PREFERRED:
SUBJECT: Consider and discuss renegotiation of the inter-local agreement between Kerr
County and the City of Kerrville for Animal Control services.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4/Marc Allen
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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 far 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 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.
n
' ORDER NO. 2SS86
APPROVAL ~ AGREEMENT BETWEEN THE CITY OF KERRVILLE, TEXAS
AND KERR COUNTY, TEXAS RE[3ARDINO PROVISION OF ANIMAL
CONTROL SERVICES AND AUTHORIZE THE COUNTY JUDSE TO SISN SAME
On this day the 28th day of Septeeber, 1998 upon motion •ade
by Co~eissianer Baldwin, seconded by Coa~issioner Letz, the
Court unanieously approved by a vote of 3-8-8, the agreeaent
between the City of Kerrville, Texas and Kerr County, Texas
regarding Provision of Ani~al Control Services and authorize
the County Judge to sign same sub,fect to approval by City of
Kerrville, Texas.
AGREEI~NT BEf WEEK CITY OF KERRVILLE, TEXAS AND
KERR COUNTY, TEXAS REGARDING PROVISION OF
ANIMAL CONTROL SERVICES
THIS INTERLOCAL AGREEMENT is made and eatbectd into on this the _ / ~ day of
~, ,1998, by and between the City of Kerrville, Texas, ("City', and t~ County of
Kerr, Texas, ("Coentty'~:
RECITALS:
WHEREAS, Taxes Health and Safely Code §826.016 authoriae.4 the governing body of a
mreaicipality and the oatnmissiaaers court of a ooemry to enter into exmtraets wid- public antiriot to
carry out the activities required or mrthoriaed under C4apter 826 of the Texas Health and Safety
Code (also Icmwn as the "Rabies Comrol AcP~; and
WHEREAS, in ado to eliminate the duplication of effort acct taxpayer funded resources by
the City and Comty in dte wfarcemaet of the Rabies Codrol Act aad tGkted city and county
cegtdatioos promulgated putsusd b the autlroriry of the Rabies Control Act and other starve laws. the
City Council of the City of Kemilh:, Texas, and the Commissioners Court of the County of Kerr,
Texas, fird it to be in the public inoerest to agree that eithx City or County be responsible for the
enfoteemerct of animal control regvbttions within the City and County;
WHEREAS, ear Matr]r 27,1945, the City and Coady executed an agrnentcd pursuant to the
Interloeal Cooperation Ad (Tex. Govt Code §§791.001, et.seq.) whereby Coemty agreed to
construct sod operate an anima! conhnl facility for the mutual bex-cfit of tae County noel City in
exdcange for bntd and other coosidexation fray the City ("the Animal Shelter ContracP~; sod
VYHERFl-S, because the County is already by agroemed operating the aniusal oo>r>rol faeality
as dear:ibed above, City and Coady agree rt would be mac Practical and efficient to have eIl other
facets of animal control be pafatmed by the County;
NOW, THEREFORE, in comidertRion of the reeatals set forth above a~ the covenants
expressed herein, erred in aexotdeox with Texas Health and Safety Code §826.016 and the Tdvlocal
Cooperation Ad (Tex. Govt Code §§791.001. etsexl.~, City and Courriy hereby agroe as follows:
Prtrperas: The ides of this Agreerrrem is to establish the teams noel conditions between Ciry
and County wheaeby Cotmry agrrxs to enforce animal oonuol laws and regulations within
Cit}rs iocorporabed 1anits to the ex0ent Coady does not shrady possess dcchrsive jtnisdic~on
for enforamart, inc[udir~, but rot limited to, enforcement of:
the Rabies Conh+ol Act, as amended;
Art 10-I-3 of the Code of Ordinances of the City of Kexrvilk, Texas, as aareaded;
Chapter 822 of the Texas Health and Safety Code, related to danger_o~u~s yd, cgs; gyp.
Faaa~OM„'}ddAD.1Y 1sZtE~_
ALE (i I~~R
t7rA llaaay0ase. Krr taaaar.'tawa
BK' aPtY
d. other applicable state and kcal regulations of animals and animal diseases
2. Eofor^o~t o[ Zonie6 Regolatlons _FscWded: This agreement does ~t require or
authorize ~e County m enforce any provision of Title 11, Chapter I of the Code of
Ordimnces of the City of lemille, Texas ("the Zoning Codd~, related m the use acrd
development of property within the City's incorporated limits; however, in the event
ettfaoreemart action taken by the City pmsuaat m 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 m this Agteeffient if such action is otherwise legally authorized.
3. Feitlal Ta~a: The initial term of this Agtoemart shall begin October 1, 1998, and end
September 30, 2005, subject m earlier lamination as provided herein.
4. AenmlE: This Ageeemert shall be automatically renewed, withott action by say
party hereto, for successive periods of one year each, commencing October 1, 2005, unless
trotice of cancellation is given by either party in writing m the other patty not later than
nicety days prior m the commencemem of the next renewal terns.
5. F;~vd of 3avice: County agrees m provide the same level of animal eomrol services and
enfor~rt within the City limits as is caarently being providod by City personnel at the
co<mrterwanerrt of this Agreenreot, which shall include, but not be limited m:
a. ~t fewer than two full-time animal control officers who, as part of their normal
duties in providing animal caonol ravines within Kerr Coutrty, will conduct regular
p~rols within the City lints doting weekday business Farms (exchrding holidays);
b. emergency rollout during a!F times otfrer than woekday busitess hours;
c. pick up of dead animals; and
d. call response m Ciry resident oomplaint~ within a reasonable time.
T atlProperty: Ciry agrees m transfer title m County, and County agrees m accept
tide firm City, the personal property descn'bod in Exhibit "A", attached hereto and
incorporated herein by tefereace. City and County agree that the valrte of the property
descn'bed in ExlriFrit "A" at the oommeooa~nt of this Agreem~t is 521,000.00.
Cate oo K~tmLLaACFSa CouArnr ACaataturr
ma Arawr. Cotvtlot. SBtvlCSS -. Pwca2
7. Paymeatb Coa~ty: City agea~s to pay County for the services described heroin as follows_
a F« the period beginning October I, 1998, anti coding September 30, 1999, City
agrees to pay to Cormty, in advance on the first day of each month commencing
Ocrober 1,1998, the amount of 51,876.00.
b. F« each twelve month period begiming on each October 1 during the initial team
of this Agreement atlcr September 30, 1999, city agrees to pay County in advance
on the first day of each month, an amount calcttlarod as follows:
i. FORTY PERCENT (40SG) of Crnmt}+s Operating Casts for providing animal
control servixs as reflected oo the budget approved by the City Council;
divided by
ii. 12, less
ia. I250.00.
c. F« purposes of this section, the term °Operating Coats is defined as the projected
costs of providing animal contaal services in Kerr Coutay as set forth ie County's
amual budges, less:
i. Operating Coats attributed bu operating Cotmtlrs animal sheMrz as sa forth
in the Animal Shelter Contract and
ii. any amoutBs contsirrcd in County's budges f« debt service, capital
expenditures, equipment prnchases, and overtime; and
iii. projected revenue to be received during the Cormt}rs fiscal year from other
public or privame errtities for providing eairnal control serviors, indudiog, but
not limited to, rho City of Ingram and the City of Center Point; and
iv. projected revenues to be generated through payment of animal license fees,
whether copaxod f« animal licensed inside « outside City's incotporatcd
limits.
d. Not later than 90 days after the etd of Cormty's fiscal year, County shall provide to
City a final statement of operation casts anti revenue f« providing animal control
servioa fix saclt fiscal year. City's monthly paymerrts f« the remainder of the that
crarerrt fiscal year shall be irtcteased «reduced to take into acoamt any variations
between the pri« year fiscal budges and actual expenditures.
CrtY ai KsevrutlKUra CouNrv AGat:urerr
POaAeaanr.r'~+TMV SLlVICL4-PAat3
s..dget Approval asd ni.pprovsl:
Orr or before July 1 of each year, County steal! prexnt to City a proposed budget for
providing animal control services for the County's oe~ct fiscal year. City must
approve or disapprove the budget proposed by County before September I of that
year.
If City approves or fails to take any action on the budget presaued by County, the
mardrly payments due for said fiscal year from City shall be based oa said budget.
If City disapproves the budget presented by County for the subsoqueat fiscal year,
City shall pay drQirrrg the ensuing fiscal year the montlily amount in effort for the
then crarent fiscal year. County shall have the option to either.
pay the balmce of the animal contra[ services operation costs as budgeted;
terminate this Agreeaent by providing written entice to City mt later than
60 days following Cityrs d~sepproval of the budget presental, which
termination shall biome etfoCtive 1811 days agar delivery of the notice to
City.
Such lamination shall be without pcealty or expense to City of say kind; providod,
however, City shall continue to pay County the aronthly amount roqunred by this
Agreanent during the 180 period.
In the event of termination pursuant to Paragraph 8.c.ii., above, and if said
terminalion is prior to the end of the initial tam of this Agreancat, Cormty agrees
to pay m City an amamt egral to 5250.00 times the mmrba of months remaining on
the initial tens of the Agreement cot later than the date of termination.
City agrees to reimburse County for overtime, including County's costs for related
employee benefits, paid in County employees far callouts outside normal working
hours to deal with dangerous animal cases, pick up of dead animals, and tskrng
possession of animals owned by or in the possession of people arrested by the
Kerrville Police Depsttrnent. City shall be obiigatod to reimburse Coumy fnr such
off-hourcall-outs only if•
the call-0iN is tsrst anthotiad by the Kerrville Police Deparnmmt; or
immediate response to the call-out, regardless of authoriution from the
Kemille Police Depatrrxnt, is rebly believed m be necessary to reduce
arr or ~ CouxtY Acaesarorr
rOeArl9rAL.(:orrr101. S-svtcrs,P.ucB 4
or avoid irrrminerrt death a iojray to a person ~ irrrrniaerrt damage to real or
P~'~ ProP~Y~
Payments by City hereunder shall be made only out of current revenues as required
by the Intraloal Cooperation Act.
Citx Aaioal C'sitralBevnam: During the term of this Agtaatent a~ any exteation
thereof:
County shall be responible for issuing and collect for animal ficeases for those
animals whose owners reside within dte City limits and shall retain the revenue
derived therefrom, nottvithslandirrg the provision of Article [V, Seetion 4 of the
Animal Shelter Contrail
County animal oonrol officers shall file all Clans "C" misdmuamors rehrted W
violation of animal oontrol regulations which occur within the Ciry limits in the City
of Kerrville Municipal Court, but only if the case is:
one over which exclusive jurisditxion does not lie with the County; and
would have been filod in Municipal Court had City and County not eooered
this Agreement.
10. Ap~faaast of IanlRabin CoatrotAathority: During the term of this Agcemrerrt, City
ads that the person appointed by the County to serve as the Local Rabies Control
Authority shall be the local rabies cotmul authority for the City of Kerrville for purposes of
the Rabies Control Ad City shall have the right to temtinte this Agreement upon providing
180 days wrilYa rwtice to County if City does not conc»r in the appointment of the person
Covmy selects as the local rabies control authority.
11. DstatrttM
In the event ofdefauh by County in the performraax of its obligation herertrder, and
County fails to crae such defaul<within thirty (30) days after receipt of written notice
from City, Ciry, at its option, and without prejudice to any other remedy City may
have for County's breach of this Agreeaamt, may terminate this Agroament not
earlier ttm thvty (30) days after delivering written notice of termirtsaon to County.
1o the event that City fails to make the momhly payments required haert<der and
such failure is not cured within 30 drys after receiving written notice from County.
Cotmty, at its option, and without ptejudict to any other remedy County may have
Ccrrt oFKrsavnu/K~e Caurrrv AGarawrM
FOL At®rALCgfraOr. SFiVKYS.-PAGE S
for City's breach of this Agreement, may terminate this Agreaneat not earlier than
thirty (30) days alter delivering carmen rotice of lamination to City.
12. Ldepeodeat Coritraetor. In the pafottnenoe of its obligations hereunder, County is an
indtpeadeffi conhactor with the exdusive right to supervise, manage, control, and direct its
em~oyoes in the performance of the services herexuider. City shall look to Cou~y for
results only and shall sot have the right to direct the County or any of its officers or
employees in the perfotroance of such services a as W the manner, means, or methods in
which the services are performed except as herein expressly provided.
13. No_ Aatig!amestt: This cor-tract shall be binding upon the patties hereto; providod, however,
that neither the City nor the County shall assign, subld, or trmrsfer their interest in this
contract without the prior written consent of the other.
14. Appl'ia61e I.arr~ Yalu: This contract has been made in and shall be construed in
accadance with the laws of the 5tau of Texas. Venue shall be in Kerr County, Texas.
I5. Niatiee: Nonce to City pravidcd herein shall be sufficient if sent by first class mail, postage
prepaid to:
City Manager's Office
800 Junction Highway
Kerrville, Texan 78028
and notices to Coumy, if seta by first class mail., postage prepaid addressed to:
Cowry Judge
Kerr Cotmty Coradwuse
700 Main Sheet
Kerrville, Texas 78028
or to such other addresses ss the parties may designate to each other in writing
SIGNED AND AGREED on the dates indicated by the parties below.
CITY OF KERRVII.LE, TEXAS COUNTY OF KERB, TEXAS
Hy ~~ HY
Hen Low, Mayor Ro A. County Judge
® o i3 ~ry9
errr of tceaavuu/Ktaa County wcarnreer
FDa AleniAL CnMSa. SIYYN.BR - PACs 4
ATTEST: ATTEST:
Sheyla L. Brand, City Clerk Cotmty Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Kevin B. Laughlin, Ci ttoraey (j ,~ ~ ~ `~~
ATTEST:
ATTEST:
s» c. spa, c-cy ct«~ ca,oty c~
APPROVED AS TO FORM:
Kevin B. Laughlin. Cit ttocney
APPROVID AS TO FORM:
w..rw~owrrw a.r-.e a.,+

Cmr OF ~h~ ~ errs COtiMYACaBLYPXt
FOl AM~MM..CONIfio1,SERV1[FS -lAGC ~
CITY PROPERTY TO BE TRANSFERRED TO KERR COUNTY'S
ANIMAL CONTROL
~M QUANTITY
Live baps (catlwildlife)
lizve-s-heett trap
~~
Cat nmers
Cat Wogs
Catch poles
Sosketa~g
Catch ~ snall/large
Fnmiture
1990 Chevrolet Piclo~p-VIId #1GCEC24KOLE173436
1998 Pickup -VIN #IFi'PF2~6XWKB00994
Vehicle radios
22!410 Rifles
6
1
1
2
2
3
1
2
Assorted
1
1
2
2
Exhibit °A°