ORDER NO. 30527
CITY OF INGRAM ANIMAL CONTROL CONTRACT
Came to be heard this the 24th day of September, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioners Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the City of Ingram Animal Control Contract.
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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: Janie Roman
MEETING DATE: September 24, 2007
OFFICE: Kerr County Animal Control
TIME PREFERRED: 11:OOam
SUBJECT: Consider, discuss, and take appropriate action on City of Ingram Animal
Control Contract
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Janie Roman/Rex Emerson
ESTIMATED LENGTH OF PRESENTATION: lOmin.
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 consideratian and action at time of Court 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, Court Order No. 25722

AGREEMENT BETWEEN KERB COUNTY, TEXAS AND CITY OF INGRAM,TEXAS
REGARDING ANIMAL CONTROL SERVICES
WHEREAS, Texas Health and Safety Code Section 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 preserve taxpayer-funded resources through elimination of duplication 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 Ingram, 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 Section 826.016, the City and County execute this agreement
pursuant to the Interlocal Cooperation Act (Texas Government Code, Section 791.001) whereby the County
agrees to operate an animal control facility for the mutual benefit of City and County, and accordingly, the 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 of
The Rabies Control Act, as amended;
b. City of Ingram Ordinance No. 52504;
c. Chapter 822 of the Texas Health and Safety Code, related to dangerous dogs, and other applicable state
statutes on animals and animal diseases.
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 Ingram, Texas related to the use and
development of property within the City's incorporated limits. In the event enforcement action taken by the
City pursuant to a 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.
Initial Term: The initial term of this Agreement shall begin October 1, 2007 and end September 30, 2008,
subject to earlier termination as provided herein.
4. Annual Extentions: This agreement shall be automatically renewed, without action by any party hereto,
for successive periods of one year each, commencing on October 1, 2008, 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:
a. Staff:
(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 during all times other than weekday business;
(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 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 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.
d. 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 to County: City agrees to pay County for the services described herein as follows:
The initial term of the agreement begins October 1, 2007 and ends September 30, 2008. City agrees to
pay County $21,000. City shall pay in advance one-twelfth (1/12') of total sum payment on the first day
of each month, commencing October 1, 2007.
7. 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. City shall approve or disapprove the budget proposed
by County on or before September 1 of that same year.
b. If City approves the budget by September 1, 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. ff City disapproves the budget presented by County for the next fiscal year, City shall pay County
during the ensuing fiscal year, the monthly amount in agreement for the then current fiscal year. Upon
City's disapproval of said budget, County shall have the option to either:
(i). Pay the balance of the animal control services cost, as budgeted; or
(ii) Terminate this Agreement by providing written notice to City wherein said termination
shall become effective ninety (90) days after delivery of 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 ninety (90) day period.
d. Payments by City hereunder shall be made only out of current revenues pursuant to the Interlocal
Cooperation Act.
8. City Animal Control Revenues: During the terms of this Agreement and any extension thereof:
a. City 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. County shall provide license
tags to the City at cost.
b. County animal control officers shall file in Ingram Municipal Court, all Class "C" misdemeanors
related to violation of animal control regulations that occur within the City limits of Ingram, as defined in
sections lb and c of this agreement, 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 the 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 Ingram 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.
10. 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 may, at its option
and without prejudice to any other remedy City may have for County's breach of this Agreement,
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 may, at its option and
without prejudice to any other remedy County may have for City's breach of this Agreement, terminate
this Agreement not earlier than thirty (30) days after delivering written notice of termination to City.
11. Termination: Either party may terminate this Agreement during any fiscal year by giving to the other
party three (3) months written notice; however, under such circumstances, the terminating party shall
continue to be responsible for performance of his duties herein stated during the rest of the three month
notice period.
12. 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.
13. No Assignment: This contract shall be binding upon parties hereto, provided, however, that neither the
City nor the County shall assign, sublet, or transfer their interest in this contract with out the prior written
consent of the other party.
14. Applicable Law: 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. Notice: Notice to City provided herein shall be sufficient if sent by first class mail, postage prepaid,
addressed to
City Secretary's Office
City of Ingram
230 Highway 39
Ingram, Texas 78025
and notices to County, if sent by first class mail, postage prepaid, addressed to:
County Judge
Kerr County Courthouse
700 Main Street
Kernville, Texas 78028
or to such other addresses as the parties may designate in writing to each other.
16. This agreement is subject to the Texas Public Information Act.
SIGNED and AGREED TO on the dates indicated by the parties below.
City OF INGRAM, TEXAS
How d W ackson, Mayor
COUNTY OF KERB, TEXAS
B
- t m ey, County Judge
Date: Q_/ 4'- p7
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ATTEST:
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t~ City Secretary
APPROVED AS TQ FORM:
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City orney
TT~T:
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C ty Clerk
APPROVE S TO FORM
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County Attorney