ORDER NO. 29992
ANIMAL CONTROL CONTRACT WITH CITY OF KERRVILLE
Came to be heard this the 23rd day of October, 2006, with a motion made by
Commissioner Nicholson, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Animal Control Contract with the City of Kerrville.
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~. ~,) COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: County Judge
MEETING DATE: October 23, 2006 TIME PREFERRED:
SUBJECT: Consider, discuss and approve Animal Control Contract with the City of
Kerrville.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
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 for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

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 towazds your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
#29992
AGREEMENT BETWEEN KERR COUNTY, TEXAS AND CITY OF KERRVILLE,
TEXAS REGARDING PROVISION OF ANIMAL CONTROL SERVICES
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; and
WHEREAS, in order to preserve taxpayer funded resources through elimination of
duplication, the County and the City 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 Commissioners Court of Kerr County, Texas (County) and the City Council
of the City of Kerrville, Texas (City), find it to be in the public interest that the County be
responsible for the enforcement of animal control regulations within the City and County;
NOW, THEREFORE, in consideration of the recitals set forth above and covenants
expressed herein, and in accordance with Texas Health and Safety §826.016 and the Interlocal
Cooperation Act, the City and County execute an Agreement pursuant to Interlocal Cooperation
Act (TExns GOVERNMENT CODE §791.001) whereby the County agrees to operate an animal
control facility for the mutual benefit of City and County, and the City and County hereby agree
as follows:
1. 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. Chapter 18 of the Code of Ordinances of the City, except that the County shall
not enforce the ordinance relative to rabbits, chickens and other fowl, domestic
pigeons, and livestock.
c. Chapter 822 of the Texas Health and Safety Code, related to dangerous dogs,
and other applicable state statutes of animals and animal diseases.
Nothing herein shall obligate the County to enforce animal control ordinance provisions
not directly related to health or safety.
2. Enforcement of Zoning Regulations Excluded: This Agreement does not require or
authorize the County to enforce any provision of the zoning regulations for the City of
Kerrville, Texas 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 zoning code results in a lawfully issued order that 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 Tenn: The initial term of this Agreement shall begin October 1, 2006 and end
September 30, 2007, 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 on October 1,
2007, and each year thereafter, up to five successive years; unless notice of cancellation
is given by either party in writing to the other party not later than ninety (90) days prior to
the commencement of the next renewal term. The scope of services may not be changed
during any fiscal year unless mutually agreed to in writing between the parties.
5. Service: County agrees to provide the following services:
a. Staff: County agrees to provide;
i. Not fewer than two full-time animal control officers who, as a part of their
regular duties, will conduct regular patrols within the city limits during weekday
business hours, holidays excluded;
ii. Emergency call-out related to Rabies Control Act during all times other than
weekday business hours;
iii. Call response to City and County residents' complaints within a reasonable
time period.
b. Facility: County shall furnish a Facility sufficient to meet State of Texas requirements
and provide the services stated herein.
c. Operation: County shall operate and maintain the Facility in compliance with State
statutes, rules and regulations. Such operation shall include:
i. The Facility shall be open to the public for the delivery of animals five (5) days per
week during normal business hours.
ii. The Facility operator shall be on call outside of business hours in order to take
emergency cases related to the Rabies Control Act or at law enforcement request,
and if necessary open the Facility to the public for such cases.
iii. County shall provide routine daily care of animals at the Facility including
weekends and holidays.
iv. County shall provide adequate segregated quarters at the Facility for the
quarantining of animals in bite cases and other emergency cases, as provided by
2
State law and City and County ordinances.
v. County shall render euthanasia services pursuant to State law, and City and
County ordinances, and such that the Facility will be operated in an uncrowded
manner. County will dispose of euthanized animals pursuant to State statutes.
vi. County will accept for holding at the Facility stray dogs and cats from the
public and from City and County animal control officers.
vii. County will manage the reclamation of animals by their owners and the
adoption of unclaimed animals by the public.
viii. County will not be responsible for collection of dead animals from street
rights-of--way within the City.
c. Facility Fees: Fees charged those persons registering, reclaiming, or adopting an
animal shall be determined pursuant and subject to the budget approval process provided
by State statute.
6. Consideration: City agrees to pay County for the services described herein $141,047.00
for the initial year of this Agreement, which constitutes sixty percent (60%) of the
County's net budgeted animal control expenses for fiscal yeaz 2006-2007, plus a
$6,000.00 administrative fee. City shall pay this amount in equal payments ofone-twelfth
(1/12) of the total sum in advance, on the fifteenth (15`h) day of each month, commencing
October 15, 2006.
Budget Approval and Disapproval:
a. On or before July 30 of each year, County shall provide City a proposed budget for
providing animal control services for the County's next fiscal year, of which City will be
requested to pay a portion of the County's operational expenses as per the above formula.
City shall approve or disapprove the County's proposed animal control services fee for
the upcoming fiscal year on or before September 1 of that same year. Payments by City
hereunder shall be made only out of current budgeted City revenues.
b. In the event that the City fails to approve the County's proposed animal control service
fee for any given fiscal yeaz prior to the first day of that fiscal yeaz (October 1), then the
Parties agree that the fee from the previous fiscal year just completed shall be deemed
approved and shall become the animal control service fee for the current fiscal year. This
failure to agree before October 1 of any given fiscal year shall constitute notice of the
Parties' intent to terminate this Agreement pursuant to pazagraph 4, above.
8. City Animal Control Revenues: During the terms of this Agreement and any extension
thereof:
a. County shall be responsible for issuing and collecting for animal licenses for those
animals whose owners reside within the City limits and shall retain the revenue derived
therefrom. Said revenues shall be made a part of the net budget.
b. County animal control officers shall file all Class "C" misdemeanors related to
violation of animal control regulations, as defined in section 1 of this Agreement, that
occur within the City limits of Kerrville, 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.
c. County shall maintain confidentiality of certain information in dog and cat registry
pursuant to Texas Health and Safety Code chapter 826.
9. Appointment of Local Rabies Control Authority: 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.
10. Default:
a. hi 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 earlier 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 thirty (30) days after receiving written notice from County,
County, at its option, and without prejudice to any other remedy County may have 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.
11. Independent Operations: In the performance of its obligations hereunder, County has 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.
12. No Assignment: This Agreement shall be binding upon parties hereto: provided,
however, that neither the City nor the County shall assign, sublet, or transfer their interest
in this Agreement without the prior written consent of the other.
14. Applicable Law: This Agreement 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. Notice: Notice to City provided herein shall be sufficient if sent by first class mail,
postage prepaid to:
City Manager's Office
City of Kerrville
800 Junction Highway
Kerrville, Texas 78028
and notices to County, if sent by first class mail, postage prepaid addressed to:
County Judge
Kerr county Courthouse
700 Main Street
Kerrville, Texas 78028
or to such other addresses as the parties may designate to each other in writing.
16. This Agreement is subject to the Texas Public Information Act.
SIGNED and AGREED on the dates indicated by the parties below.
CITY OF KERRVILLE, TEXAS
Eugene C. Smith, Mayor
Date: {7CTtJ 1~~. JOy 7-00 Cn
COUNTY OF KERB, TEXAS
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Y
y, County Judge
October 23, 2006
ATTEST:
Brenda G. Cra' ity Cl
APPROVED AS TO FORM:
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Michael C. Hayes, Attorney
ATTEST:
J ett Pie r, Kerr Coun y Cler t 1~~
APPROVED AS FO
~._
merson, Kerr County Attorney
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