Res 2182 7/11/1978RESOLUTION NO. A62/
RESOLUTION APPROVING CONTRACT WITH THE HUMANE
SOCIETY OF WICHITA COUNTY, TEXAS FOR FURNISH-
ING PUBLIC POUND SERVICES.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain agreement, a copy of which is attached hereto,
between the City of Wichita Falls and the Humane Society of
Wichita County, Texas, whereby the animal shelter owned and
operated by the Society shall be used as the place of impound-
ment of all animals seined in accordance with the Wichita Falls
animal control ordinance, is hereby approved, and the City Man-
ager is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED this the 11th day of July, 1978.
r
M A Y 0 R
ATTEST:
City Clerk
THE STATE OF TEXAS X
COUNTY OF WICHITA Xi
MrAGREEMENT FOR PUBLIC POUND SERVICES
iNThis
agreement made and entered into as of the day of
ni1978, 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 the
Society".
WHEREAS, the Society proposes to operate an animal shelter for the purpose •
of sheltering lost, unwanted, sick, and injured animals until humanely disposed of
I in accordance with the Wichita Falls Animal Control Ordinance and the humane prin-
ciples of the said Society;
01 The parties hereto agree to the utilization of the animal shelter to be owned and
operated by the Society, as the place of impoundment of all dogs, cats and miscel-
laneous animals (horses, cows, goats, chickens, etc.) seized in accordance with the
provisions of the Wichita Falls Animal Control Ordinance under the following con-
ditions:
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 run-
ning at large. Howevci, the Society agrees to provide eiucigcucy service to injured,
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sick, or disstressed animals, and to be fully responsible fol. all enforcement pro-
visions pertaining to observation and release of animals impounded for bites and
rabies observation.
al2. The City agrees that all animals apprehended ana seized within the con-
finesfines of the City of Wichita Falls by its duly appointed wardens, shall be delivered
to the above described animal shelter, there to be impounded under the exclusive
control and custody of the Society for periods of time as required by State law and
M 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 of Wichita Falls:
7AL
a. For animals received from wardens of the City of Wichita Falls,
Dogs: 5. 00 per animal
Cats: 3. 00 per animal
Misc: 3. 00 per animal
b. For animals held while their owners are in jail:
5. 00 per animal
c. Rabies observation:
10. 00 per animal
4. The Society agrees to credit the City for the following fees:
a. For all revenue from the sale of tags:
2. 00 per dog
b. For impoundment fees:
First Offense: $10. 00
Second Offense: $15. 00
Third Offese:: $20. 00
c. For all boarding fees
collectedn
2. 00 per day per animal
5. It is mutually agreed between the two parties that the City shall be credited
for all fees in paragraph 4 of this contract and shall pay the balance due the Society
after the deduction of credits within fourteen (14) days after receipt of monthly state-
ment and reports as required in Section 13.
6. The City represents to the Society that it has in force an ordinance p ro-
viding for the vaccination and licensing of dogs, providing for impounding of dogs
running at large, and providing for the condemnation cr ! a ,'i ,nii:iais, and that
while this contract is in effect, such ordinances will be coii'inued 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;ged• Rim-; days if tagged;gg days bbE'd, and ten
5 days if under rabies observation, 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
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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
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and which are not suitable for placement in new homes.
10- 7. Society agrees that all financial statements, reports, etc. shall be on
forms as approved by the City.
m >8. The Society agrees to accept each and every animal delivered to its ant-
mal shelter 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 its animal shelter open to the public
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for not less than 7 hours per day on weekdays, and not less than 5 hours on Satur-
day and not less than 2 hours on Sunday for the purpose of giving owners ample
IIopportunity to redeem their impounded animals. The City shall have the right to .
deliver animals to the Society shelter at anytime.
10. The Society agrees that it will require every owner seeking to redeem an
impounded animal to pay the impoundment fee of ten dollars ($10) for the first im-
poundment; fifteen dollard ($15) for the second impoundment; and twenty dollars ($20)
for the third impoundment in a twelve month period, as per stated in the City ordin-
ance, plus the cost of board at the rate of $2. 00 per day for each day of impoundment
V"after the date of impoundment. Further, the Society will require the owner of every
impounded animal to pay all applicable fees including 1..gitation and vaccination
fees of an impounded animal which has not been inoculatet against rabies and regis-
tered 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 r.,imal prior to the Society
disposing of the animal under (a) or (b) of that paragraph, the Society shall collect
from the owner the total impoundment, boarding and registration fees due.
4 12. The Society agrees to collect all impounding, boarding and registration
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
i City a statement of all such fees collected during the preceding month.
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13. The Society agrees to provide to the City by the 15th day of each month
during the life of this contract a statement of its revenues ,tad disbursements from
all sources for the preceding month. The Society also agrees to provide to the City
a quarterly notarized statement of its revenues and disbursements from all sources,
eias well as a complete financial statement pertaining to impounded animals. Further,
0 the Society agrees to provide the City with.a detailed monthly record to include the
following, which pertain only to animals brought in by wardens of the City of Wichita
0 Falls from within the city limits of Wichita Falls.
a. The number of dogs, cats, and miscellaneous animals received byof
the Society.
0 b. The number of animals euthanized.
c. The number of animals in rabies observation, to be broken down as
to number redeemed by owners and number of days in custody.
7,17 d. The number of impoundments (separated as to first, second or third
7, offense).
The City reserves the right to require a complete audit of the records at any time
deemed necessary.
41- 14. 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
m-• 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 ob-
servation. Animals delivered to the Society by the City for rabies observation shall
be isolated for a period of 10 days. Prior to being redeemed by the owner, any
such animal shall be examined by a licensed Veternarian, and the Society shall col-
lect from the owner a fee of $2. 00 per day for board and care and the cost of the
Ate, Veternarian examination. The City agrees to pay to the Society for every animal so
isolated $10 when the Society has not been reimbursed by the owner.
s;
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.
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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 agreed that all the terms of this contract shall remain in full force and
effect from October 1, 1978 thru September 30, 1979 and then may be extended by
mutual agreement on a year to year basis and shall not be terminated by either party
without written notice having first been served at least thirty days prior to the date of
termination by the party desiring to terminate this contract.
19. It is mutually agreed that no member of Le Humane Society Board of Dir-
ectors shall have a financial interest, direct or indirect in the contract between the
Society and the City.
20. It is 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 siad City, and the said Society, have hereunto caused
ki , their respective corporate names and seals. to be hereunto subscribed and affixed by
their respective officers first thereunto duly authorized as of the day of
1978.
CITY OF WICHITA FALLS
BY:
Cit, :.Tanager
ATTEST:
City Clerk
ti HUMANE SOCIETY OF WICHITA COUNTY
BY:
Shelter Director
ATTEST:
s
President
APPROVED:
City Attmmmnv