Res 2868 10/20/1981RESOLUTION NO. ,WV
RESOLUTION AUTHORIZING CITY MANAGER TO
EXECUTE CONTRACTS BETWEEN CITY OF WICHITA
FALLS AND FRED RAY MOUNT, CITY OF BURKBURNETT,
CITY OF IOWA PARK, AND 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 Fred Ray Mount, whereby
Mount will collect and dispose of dead animals in Wichita
County, and those certain three contracts, copies of which are
attached hereto, between the City of Wichita Falls and the
City of Burkburnett, the City of Iowa Park, and the County of
Wichita, whereby Burkburnett, Iowa Park and Wichita County
each agree to pay a part of the cost of this service, are
all approved, and the City Manager is authorized to execute
such contracts for the City of Wichita Falls.
PASSED AND APPROVED this the 20th day of October, 1981
M A Y O R
ATTEST:
City Clerk
3T_1T_. OF ..._.....
CONTRACT FOR CO=CTION RRD DI3 'OSRi. L..
This agreement made and entered into this the ist day of
October, 1981 , by and between the City of Wichita Falls . Texas .
hereinafter called City , and Fred Ray Mount , hereinafter called
Mount .
WITNESSETH :
For and in consideration of the mutual covenants herein
contained, City and Mount do hereby agree as follows :
1 . Mount will pick up and collect all dead large animals
wherever situated in Wichita County , Texas , and all small animals
in containers located at the Humane Society Animal Shelter and
at the Wichita Falls Animal Control Center .
2 . Mount will dispose of such dead animals at City ' s sanitary
landfill ; City will dig a hole for the animals , and will cover
them. Mount may dispose of such dead animals at some other suitable
place, if approved in writing by City .
3. Mount shall provide such service 24 hours a day , five days
a week, beginning at 12: 01 o ' clock a.m. Monday morning and ending
at 12: 00 o ' clock midnight Friday night . In addition , Mount shall
perform emergency collection and disposal on Saturdays and Sundays;
such emergency service is defined to mean the collection and disposal
of any dead animal which, by its very nature, constitutes a health
or traffic hazard.
4 . This contract shall be in force and effect for a period of
three years .
5. City shall pay Mount the sum of $1 , 375 . 00 per month for
the services to be performed by Mount under this contract . Such
payments shall be made monthly . It is understood that City is con-
tracting with Wichita County , Burkburnett and Iowa Park , _ whereby
City will be reimbursed a part of the consideration it is paying Mount .
6 . It is understood that Mount is an independent contractor
under this contract . He shall furnish all labor and equipment
necessary for performing these services, except that the City will
furnish the necessary labor and equipment at its landfill necessary
i.
Lhe use o . i '. i`::: '(1 ( .
S . Mount shall provide to City ' s Animal Control i)epn.r: m n !
records shown he number of dead animals collected , i llo locations
where they are picked up , and the names of the owners , where known .
9 . A fee of $31 . 25 will be charged the owner for each dead
large animal collected and disposed of . At the time of picking up
a dead large animal , Mount will request. payment of such fee From
the owner, if known . Any money so collected by Mount shall be
receipted for and will be remitted to City on a weekly basis .
In each case -where Mount is unable to collect such fee , he shall
report that fact for billing purposes to the City ' s Animal Control
Department .
10 . In the event Mount breaches any of the covenants contained
in this contract , and fails to remedy such breach within fifteen
days after having been requested by City in writing to do so , the
City shall have the right to terminate this contract .
The parties hereto have executed this instrument as of the day
and year first set out above .-
CITY 'OF WVICHITA FALLS , TEXAS
BY:irk p4
41011W= TY MANAGER
ATTEST:
j!.." ,
40•
f:
FRED RA MOUNT
CITY CL RK
APPROVED AS TO FORM :
H . P . HODGE/ 4 CITY ATTORNEY
r
RECEIVED IN
CITY CLERK'S OFFICE
i
STATE OF TEXAS s) By
COUNTY OF WICHITA
This agreement made and entered into this the 1st day
of October, 1981 , by and between the City of Wichita Falls, Texas,
and the City of Burkburnett , Texas ,
WITNESSETH :
WHEREAS , Wichita Falls and Fred Ray Mount intend to
enter into a contract whereby Mount will collect and dispose of
dead animals in Wichita County ( including the City of Burkburnett) ,
for which Wichita Falls will pay him the sum of $1 , 375 . 00 per
month, and Burkburnett will derive benefits from such contract ;
NOW, THEREFORE , for and in consideration of the mutual
covenants herein, and the benefits to be derived by Burkburnett
from such contract between Wichita Falls and Mount , the parties
hereto do hereby agree as follows :
Burkburnett shall pay to Wichita Falls the sum of
68. 75 per month, payable monthly, for the three year term of such
contract , for the service within its city limits .
All fees which may be collected by Mount from the owners
of dead large animals which he collects within the city limits
of Burkburnett , and which fees are remitted by Mount to Wichita
Falls, shall be credited on the $68. 75 monthly consideration
payable by Burkburnett to Wichita Falls .
Burkburnett may obtain from Wichita Falls information
furnished by Mount concerning the numbers , locations and owners
of dead animals picked up in Burkburnett . Burkburnett shall
have the right to collect a fee from the owner of each dead
animal picked up in the city limits of Burkburnett , 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 .
2-
Neither of the parties shall have any obligation to enforce
collection from the animal owners of fees due the other party .
The parties hereto have executed this instrument as of the
day and year first set out above .
CITY OF WICHITA FALLS , TEXAS
r.-fiL..,...„L,BY
CITY MANAGER
ATTEST:CITY OF BURKBURNETT
i
2- - (4f 7144'4 BY: - \L2> c-?Rn.,.i.
CITY CL RK TY MANAGER
Li
ATTEST:
C,--
ITY SECRETARY