Res 2940 12/15/1981RESOLUTION NO. (.,. 7-44/
RESOLUTION APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH
THE HUMANE SOCIETY OF WICHITA COUNTY,
TEXAS TO FURNISH PUBLIC POUND SERVICES .
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 Humane Society of
Wichita County, Texas , for the furnishing of public pound
services, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls .
PASSED AND APPROVED this the 15th day of December, 1981 .
NOR
ATTEST:
CITY CLERK
THE STATE OF TEXAS 0
COUNTY OF WICHITA 0
AGREEMENT FOR PUBLIC POUND SERVICES
This agreement made and entered into as of the 1st day of
January, 1982, by and between the City Council 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
of sheltering lost , unwanted, sick, andCenterforthepurposeg
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 service to injured, sick,or
distressed animals , and to be fully responsible 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 to the Society the following fees
for live animals received from within the city limits of the City
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of Wichita Falls :
a. For animals received from wardens of the City of
Wichita Falls :
Dogs : 5. 00 per animal
Cats : 5 .00 per animal
Livestock : 10.00 per animal
Misc. 5 . 00 per animal
b . Rabies observation :
10. 00 per animal
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 :
Livestock : 50.00
All Other: 25 .00
c. For all boarding fees collected:
3. 50 per day per animal
d. For all vaccination fees collected:
Fee amounts established by Board of Health.
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 13.
6. The City represents to the Society that it has in force
an ordinance providing for the vaccination and licensing of dogs,
and the vaccination of cats, providing for impounding of dogs
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 so to 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
during 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, cor-
poration, nor individual shall have any claim or right to any animal
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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. Society agrees that all financial statements , reports,
etc. shall be on forms as approved by the City .
8. The Society agrees to accept each and every animal
delivered to its Animal Reclaim Center located at 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 7 hours per day on
Monday, Tuesday, Thursday and Friday, and not less than 5 hours
per day on Wednesday and Saturday for the purpose of giving owners
ample opportunity to redeem their impounded animals . The City
shall have the right to deliver animals to the Animal Reclaim
Center at anytime .
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
after 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 from the
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owner the total impoundment , vaccination, boarding and licensing
fees due .
12 . The Society agrees to collect all impounding, vaccination,
boarding and licensing fees from animal owners which are payable
under this contract and/or existing City ordinances or any amend-
ment thereto. And further, that the Society will send to the
City a statement of all such fees collected during the preceding
month.
13 . The Society agrees to provide to the City the following
documents:
a. A detailed monthly record to include the following,
which pertains only to 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 Society ' s
revenues and disbursements from all sources . Each such
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 .
14 . It is mutually agreed that any and all donations, contri-
butions, 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.
15 . It is mutually agreed that the Society shall provide
facilities for rabies observation . Animals delivered to the Society
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by the City for rabies observation shall be isolated for a period
of at least 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 . The City agrees to pay to the
Society for every animal so isolated $10.
16 . 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 .
17. 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
cases of conflict between this contract and the Wichita Falls
Animal Control Ordinance, the Ordinance shall prevail .
18. It is mutually agreed to by and between the parties
hereto that :
a. This contract shall be for four years and nine
months, with the initial term expiring on September
30, 1986 .
b. At the conclusion of the term of this contract , the
contract shall be automatically 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 anything to the contrary , during the
terms of the contract or any extension thereof, either
party may terminate the contract upon sixty (60) days
written notice to the other party.
19. 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 .
20 . 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 effective less than
twelve (12) months following the execution of this agreement , or
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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 .
21 . 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 their respective officers
first thereunto duly authorized as of the 1st day of January, 1982.
CITY OF WICHITA FALLS
ATTEST:BY:
City Manager
City Clerk
ATTEST:HUMANE SOCIETY OF WICHITA COUNTY
BY:
President Shelter Director
APPROVED:
City Attorney