Res 119-93 8/17/19931 b
RESOLUTION NO . 1/9--f:
RESOLUTION AUTHORIZI(!G THE CIT' MOJ(GER 10
EXECUTE A CONTRACT WITH THE HUMANE SOCIETY OF
WICHITA COUNTY FOR CERTAIN ANIMAL CONTROL SERVICES
OF CITY OFBEITRESOLVEDBYTHECITYCOUNCILOTHEECIT0 WICHITA
FALLS, TEXAS, THAT :
That certain agreement for animal services agreement , a
copy of which is attached hereto , by and between the City of
Wichita Falls and the Humane Society of Wichita County ,
providing for the impoundment , transportation and quarantine
of animals in Wichita Falls , and for payment of this
service, is hereby approved , and the City Manager is
authorized to execute the same on behalf of the City of
Wichita Falls.
PASSED AND APPROVED THIS THE 171 , AY OF A
MAYOR
ATTEST:
C I T Y C L E R K
Page 2 of 2 Pages
Agenda Item No .
STATE OF TEXAS
COUNTY OF WICHITA
AGREEMENT FOR ANIMAL SERVICES
This agreement, made and entered into as of the day
of 1993, by and between the City of Wichita Falls,
Wichita County, Texas, as Party of the First Part, hereinafter
called "City, " and the Humane Society of Wichita County, Texas,
in said State, as Party of the Second Part, hereinafter called
Society. "
WHEREAS, the Society proposed to operate an Animal Reclaim
Center for the purpose of sheltering lost, unwanted, sick, and
injured animals until humanely disposed of in accordance with
the Wichita Falls Animal Control Ordinance and the humane
principles of the said Society.
The parties hereto agree to the utilization of the Animal
Reclaim Center to be owned and operated by the Society as the
normal place of impoundment of all dogs, cats, livestock
horses, cows, goats, etc. ) and miscellaneous animals seized in
accordance with the provisions of the Wichita Falls Animal
Control Ordinance under the following conditions:
1. The City agrees that it is fully responsible under the
provisions of the said Animal Control Ordinance for carrying out
all enforcement provisions and that the Society will not be
required to apprehend and seize any animals found running at-
large. However, the Society agrees to provide emergency care to
injured, sick, or distressed animals and to be fully responsible
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for all enforcement provisions pertaining to observation and
release of animals impounded for bites and rabies observation.
2 . The City agrees that all animals apprehended and
seized within the confines of the City of Wichita Falls by its
duly appointed wardens shall be delivered to the above-described
Animal Reclaim Center, there to be impounded under the exclusive
control and custody of the Society for periods of time as
required by State law and the City Animal Control Ordinance.
3 . The City agrees to pay the Society the annual sum of
Fifty Thousand ($50,000) Dollars to be paid in monthly
installments for the services to be performed by the Society
under this agreement.
4 . The Society agrees to pay the city for the following
fees:
a) For all revenue from the sale of tags:
Fee provided by City Ordinance in effect at
the time of the sale
b) For impoundment fees collected:
Livestock 50 per animal
All other 25 per animal
c) For all boarding fees collected:
3 . 50 per day per animal
d) For all rabies vaccination fees collected
5. It is mutually agreed between the two parties that the
City shall receive all fees in Paragraph 4 of this contract and
shall pay the fees due the Society in Paragraph 3 of this
contract within fourteen (14) days after receipt of monthly
records and reports as required in Section 14 .
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6. The City represents to the Society that it has in
force an ordinance providing for the rabies vaccination and
licensing of dogs and the rabies vaccination and licensing of
cats, providing for impoundment of dogs and cats running at-
large, and providing for the condemnation or sale of animals,
and that while this contract is in effect, such ordinances will
be continued in force. The City agrees that so far as it is
concerned, and to the extent that it has power to so provide,
every animal not claimed and redeemed by the owner before the
expiration of three days from the date of impoundment if
untagged; five days if tagged; or after the time required for
rabies observation as provided by applicable state law, shall
become the sole and exclusive property of the Society, so that
neither the City nor any agency, nor agent of the City, nor of
the State of Texas, nor any institution, corporation, nor
individual shall have any claim or right to any animal not
claimed and redeemed as provided. And the City agrees that so
far as it is concerned, the Society shall have the undisputed
right, consistent with the ordinances of the City, to humanely
dispose of every animal given into its custody in accordance
with its principles as follows:
a) To place in the home of a new owner.
b) To humanely destroy such animals as are
not claimed by owners and which are not
suitable for placement in new homes.
7. The Society agrees that all financial statements,
reports, etc. shall be on forms as approvedpppd by the City.
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8 . The Society agrees to accept each and every animal
delivered to its Animal Reclaim Center located in Wichita
County, Texas, by the wardens of the City and to provide each
and every such animal with shelter, food, water, and all other
humane treatment of animals coming into its custody and control.
9. The Society agrees that it will keep the animal
Reclaim Center open to the public for not less than seven (7)
hours per day on Monday, Tuesday, Thursday, and Friday, and not
less than five (5) hours per day on Wednesday and Saturday, for
the purpose of giving owners ample opportunity to redeem their
impounded animal. The City shall have the right to deliver
animals to the Animal Reclaim Center at any time.
10. The Society agrees that it will require every owner
seeking to redeem an impounded animal to pay the appropriate
impoundment fee (livestock - $50; all other - $25) , plus the
cost of board at the rate of $3 .50 per day for each day of
impoundment from the date of impoundment. Further, the Society
will require the owner of every impounded animal to pay all
applicable fees including licensing and vaccination fees of an
impounded animal which has not been inoculated against rabies
and licensed before redeeming such animals.
11. The Society agrees that in accordance with Paragraph 6
of this agreement that if the owner of an impounded animal shall
claim the animal prior to the Society disposing of the animal
under (a) or (b) of that paragraph, the Society shall collect
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from the owner the total impoundment, vaccination, boarding, and
licensing fees due.
12 . The Society agrees to collect all im oundinP g
vaccination, boarding, and licensing fees from animal owners
which are payable under this contract and/or existing City
ordinances or any amendment thereto. And further, that the
Society will send to the City a statement of all such fees
collected during the preceding month.
13 . The City agrees to provide for the disposal of all
dead animals not reclaimed by owners or transferred to the
Society for adoption placement.
14. The Society agrees to provide to the City the
following documents:
a) A detailed monthly record to include the
following information pertaining only to the
animals brought to the Animal Reclaim Center
by animal control wardens of the City of
Wichita Falls:
1) The number of dogs, cats, livestock,
and miscellaneous animals received by
the Society.
2) The number of animals euthanized.
3) The number of animals in rabies
observation, to be broken down as to
number redeemed by owners and number of
days in custody.
b) A monthly record of revenue collected from
the sale of tags (licensing) , impoundment of
livestock and other animals, boarding fees,
and vaccination fees at the Animal Reclaim
Center.
c) A complete yearly financial statement of the
Animal Reclaim Center's revenues and
disbursements from all sources. Each such
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financial statement shall be certified as
true and correct.
The City reserves the right to require a complete audit of
the records at any time.
15. It is mutually agreed that any and all donations,
contributions, or any other thing of value given to the Society
and its agents as a result of any service performed in carrying
out the provisions of this contract shall be the exclusive
property of the Society and that the City shall have no claim or
interest therein.
16. It is mutually agreed that the Society shall provide
facilities for rabies observation. Animals delivered to the
Society by the City for rabies observation shall be isolated for
a period of at least ten (10) days. Prior to being redeemed by
the owner, any such animal shall be examined by a licensed
veterinarian, at the owner's expense, and the Society shall
collect from the owner a fee of $3. 50 per day for board and
care.
17. It is mutually agreed that the Society shall have the
sole and exclusive right to determine the responsibility of
persons offering to become the owners of unclaimed animals and
the suitability of homes offered and shall have the sole and
Exclusive right to accept or reject such applicants for
unclaimed animals.
18. It is mutually agreed that neither party to this
contract shall be bound by any conditions not expressly stated
in this agreement. Further, it is mutually agreed that in all
S
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cases of conflict between this contract and the Wichita Falls
Animal Control Ordinance, the Ordinance shall prevail.
19. It is mutually agreed to by and between the parties
hereto that:
a) This contract shall be for a period of five
5) years, beginning October 1, 1993 , and
ending September 30, 1998.
b) At the conclusion of the term of this
contract, the contract automatically shall
be extended for a like term unless at least
sixty (60) days notice is given by either
party of a decision not to extend. However,
no more than three (3) extensions shall be
allowed.
c) Notwithstanding any to the contrary, during
the terms of this contract or any extension
thereof, either party may terminate the
contract upon sixty (60) days written notice
to the other party.
20. It is mutually agreed that no member of the Humane
Society Board of Directors shall have a financial interest,
direct or indirect, in the contract between the Society and the
City.
21. It is mutually agreed that the fees provided herein
may be renegotiated within ten (10) days written notice of
either party, said renegotiated fees not to become effect less
than twelve (12) months following the execution of this
agreement or the effective date of the last preceding fee
schedule. It is further mutually agreed that any amendments
made to this contract upon being agreed to and signed by both
parties shall become part of this contract.
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22 . It is mutually agreed that this contract revokes all
former agreements, written and oral, entered into by the
parties.
IN WITNESS WHEREOF, the said City and the said Society have
hereunto caused their respective corporate names and seals to be
hereunto subscribed and affixed by respectiveective officersP
first thereunto duly authorized as of the day of
1993 .
City of Wichita Falls
By:
City Manager
Attest:
City Clerk
Humane Society of Wichita County
By:
Chairperson
Attest:
President
Approved:
Assistant City Attorney
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