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Res 176-82 10/5/1982RESOLUTION NO. /76-1::), RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE COUNTY OF WICHITA FOR DEAD ANIMAL PICK-UP AND DISPOSAL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT : That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and the County of Wichita, whereby Wichita County agrees to pay a part of the cost of the dead animal pick-up and disposal service, is approved, and the City Manager is authorized to execute such contract for the City of Wichita Falls. PASSED AND APPROVED this the 5th day of October, 1982. fyf r4 M A Y O R ATTEST: Cit Clerk Page 2 of 4 Pages Agenda Item No. 11.i. STATE OF TEXAS COUNTY OF WICHITA This agreement made and entered into as of the 1st day of September, 1982, by and between the City of Wichita Falls , and Wichita County , Texas , WITNESSETH : WHEREAS , Wichita Falls and Fred Ray Mount have entered into a contract whereby Mount will collect and dispose of dead animals in Wichita County; for which Wichita Falls will pay him the sum of $1,375. 00 per month , and Wichita County will derive benefits from such contract; NOW , THEREFORE , for and in consideration of the mutual cov- enants herein, and the benefits to be derived by Wichita County from such contract between Wichita Falls and Mount, the parties hereto do hereby agree as follows: 1. Wichita County shall pay to .Wichita Falls the sum of $687. 50 per month, less any credits due, payable monthly for the remaining term of such contract which is to expire September 30, 1984. 2. All fees which may be collected by Mount from the owners of dead animals shall be remitted by Mount to Wichita Falls and shall be pro- portionately credited (at the rate of 50% of the fees collected) on the $687. 50 monthly consideration payable by Wichita County to Wichita Falls. Any such credits shall be shown on monthly billings prepared by Wichita Falls and submitted to Wichita County by or before the 10th day of each month. 3. Wichita Falls , through its own means and its contract with Mount , shall provide Wichita County with monthly and cumulative (year-to-date) reports not later than the 10th day of the month following the reported month, such reports to contain information on the date, location, type, number and ownership (if available) or other ownership identification of the dead animals picked up or collected , the locations of the collection points (whether inside one of the Cities of Wichita Falls , Burkburnett or Iowa Park or outside of those Cities) , the numbers and amounts of the bills rendered for the collection services provided categorized by in-city and outside city, and the total fees collected and uncollected by in-city and outside city categories. 4. In those instances wherein Mount is unable to collect fees due, Page 3 of 4 Pages Agenda Item No. 11.i. Wichita County shall retain the rig-lit to pursue collection of fees from the owners of each dead animal picked up in the County outside of Wichita Falls , Burkburnett and Iowa Park; and Wichita Falls shall have the right to collect a fee from the owner of each dead animal picked up within the city limits of Wichita Falls. Neither of the parties shall have any obligation to enforce collection from the animal owners of fees due the other party. Any fees so collected shall be retained by the collecting entity. The parties hereto have executed this agreement as of the day and year first set out above. CITY OF WICHITA FALLS , TEXAS BY : City Manager ATTEST COUNTY OF WICHITA, TEXAS BY: County Judge ATTEST Page 4 of 4 Pages Agenda Item No.11.i. 2-