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HomeMy WebLinkAboutResolution 1991-012 RESOLUTION NO. 91-12 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The Mayor be, and is hereby authorized to execute the attached Interlocal Agreement between this City and the City of Watauga as the act and deed of the City. PASSED AND APPROVED this 25th day of March, 1991. APPROVED: T~~ ATTEST: ~ APPROVED AS TO FORM AND LEGALITY: ~y~the City THE STATE OF TEXAS § § § § INTERLOCAL AGREEMENT FOR ANIMAL HOUSING SERVICES COUNTY OF TARRANT This agreement made and entered into as of the ?"¡-h day of MARCH , 1991, by and between the City of Watauga, a municipal corporation, (hereinafter referred to as "Agency") and the City of North Richland Hills, a municipal corporation (hereinafter referred to as North Richland Hills or the Animal Care and Control Center or the Center); WHEREAS, North Richland Hills proposed to construct, operate maintain and administer the Animal Care and Control Center for the purpose of sheltering lost, unwanted, sick and injured animals until humanely disposed of in accordance with applicable ordinances and the humane principles of the Animal Care and Control Center; NOW, THEREFORE, the parties hereto agree to the utilization of the Animal Care and Control Center to be operated by North Richland Hills as the place of impoundment for all animals seized in accordance with the provisions of applicable ordinances, orders and laws under the following conditions: 1. The Agency agrees that they are fully responsible under the provisions of their respective ordinances, orders and laws for carrying out all enforcement provisions within their respective jurisdictions and that the Animal Care and Control Center shall not be required to apprehend and seize any animals found running at large. 2. The Agency agrees that all animals seized and normally transported to shelter within their respective jurisdictions by their duly appointed agents, shall be delivered to the above-described Animal Care and Control Center, there to be impounded under the exclusive control and custody of the Animal Care and Control Center for periods of time as required by State Law, applicable ordinances and orders except as hereinafter set forth. 3. The Agency agrees to pay to North Richland Hills the fees for animals received from within the resp'ective Agency's jurisdictional limits in the amounts and as set forth in COpy Addendum "A" which is attached hereto and made a part hereof for all purposes. 4. North Richland Hills agrees to credit where appropriate the Agency for the fees set forth in Addendum "A". 5. The Agency represents to the Animal Care and Control Center that it has in force ordinances or orders providing for the vaccination of animals under appropriate circumstances, providing for impounding of animals running at large, and providing for the condemnation or sale of animals, and that while this interlocal agreement is in effect, such ordinances or orders will be continued in force, provided, however, that such ordinances or orders may be modified from time to time as such Agency deems appropriate. The Agency agrees that to the extent that it has the power so to provide, every animal not claimed and redeemed by the owner before the expiration of four (4) days from the date of impoundment shall become the sole and exclusive property of the Animal Care and Control Center, so that neither the Agency nor any agent of the Agency, nor of the State of Texas, nor any institution, corporation or individual shall have any claim or right to any animal not claimed and redeemed. The Agency agrees, that the Animal Care and Control Center shall have the undisputed right, consistent with the respective ordinances and orders of the Agency, to humanely dispose of every animal given into its custody in accordance with the Animal Care and Control Center's principles as follows: A. To place animals in the care, custody and control of owners; and B. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care custody and control of new owners. 6. The Animal Care and Control Center agree, to accept each 2 · and every animal other than livestock (large animals) delivered to it at 7200 B. Dick Fisher Drive South, North Richland Hills, Tarrant County, Texas by the agents of the Agency and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Animal Care and Control Center provides for all other animals which may come into its care, custody and control. 7. The Animal Care and Control Center agrees that it will keep the Center open to the public for eight (8) hours per day on weekdays, and not less than three (3) hours on Saturday for the purpose of giving owners ample opportunity to redeem their impounded animals. Exception to the above to include holidays and any closure on Saturday due to staff shortage; however, when the Center is closed to the public for staff shortages, board fees for those days will not be charged to owners who redeem animals held over those closure days. Closure days are not counted toward days required before disposition of animals. 8. The Animal Care and Control Center agrees that it shall require every owner seeking to redeem an impounded animal to pay the then current impoundment fee together with the costs of board at the then current rate for the animals so impounded. Further, the Animal Care and Control Center shall require the owner of every impounded animal to pay all applicable fees including registration and vaccination fees of an impounded animal which has not been inoculated against rabies and registered before redeeming such animal. 9. The Animal Care and Control Center agrees that in accordance with Paragraph 5 of this agreement, if the owner of an impounded animal shall claim the animal prior to the Center disposing of the animal under (A) or (B) of that paragraph, the Center shall collect, from the owner 3 the total impoundment, boarding and applicable registration fees due. 10. It is mutually agreed that the agents of Agency shall adhere to all policies and procedures pertaining to operations in the Center. The Center agrees to supply to each agent a copy of the Animal Care and Control Center Policies and Procedures Manual and to provide training sessions for all and future agents. 11. It is mutually agreed that the Center shall provide access to the North Richland Hills Responsible Pet Owner Program provided to first time offenders and offered in cooperation with the municipal court authority for citizens in participating cities. 12. It is mutually agreed that each Agency may appoint a veterinarian from within its community to hold a place on the North Richland Hills Animal Shelter Advisory Board. 13. It is mutually agreed that each Agency to include North Richland Hills shall contribute equally to the salary and benefits of personnel required and referred to in Addendum "A" for the first year only of the Center I s expanded operations .\~It is mutually agreed that a crematorium will be needed in the future to facilitate disposal of animal carcasses and it is further agreed that each Agency, to include North Richland Hills, shall contribute funds toward the purchase, shipping, installation and permitting of said crematorium, the cost of which will be prorated based upon the number of animals handled per city during the previous twelve (12) calendar months. 15. The Center agrees to admit animals during normal operating hours and after hours in accordance with the Center's Policies and Procedures. 16. The Center agrees to sell licenses for Agency with the 4 stipulation that the Center retains $1.00 for each license sold. 17. The Center personnel will retain the right based upon the Animal Care and Control Center Policy and Procedure Manual to euthanize any animal which is judged to be terminal either from injury or illness. The Center shall notify the appropriate agency, where possible, before euthanasia is administered. 18. The Animal Care and Control Center agrees to collect all impounding, boarding and applicable registration fees from animal owners which are payable under this interlocal agreement and/or existing ordinances or orders or any amendments hereto of the Agency. All applicable fees collected will be remitted to the Agency on a quarterly basis. And further, that the Center will submit to the Agency, on request, the following reports: A. a quarterly statement of all such fees collected during the preceding quarter; and B. a report to include the following information: 1. The number miscellaneous the Center. of dogs, cats and animals received by 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 unclaimed animals and number of days in custody. 4. The number of adoptions. 5. The number of animals reclaimed by owners. 19. It is mutually agreed that Agency will participate in the Center's Neuter-After-Rebate-Program, whereby owner is refunded $15.00 of impoundment fee if she/he has the animal neutered wi thin thirty (30) days of release. The Center will handle all paperwork, verification and rebate, deducting from the impoundment fee before rebating to Agency. 20. It is mutually agreed that any and 'all donations, 5 contributions or any other thing of value given to the Center or its agents, as a result of any service performed in carrying out the provisions of this interlocal agreement, and which is in excess of the amount properly chargeable for such service shall be credited to the operating and maintenance account of the Center, and that in the event such donation or contribution exceed the amount required to operate and maintain the Center then such donations or contributions shall be deposited in the North Richland Hills Animal Shelter Fund. 21. It is mutually agreed that the Center shall provide facilities for rabies observation which have been approved and inspected by the Texas Department of Health for the quarantining of dogs and cats. Animals delivered to the Center by the Agency for rabies observation shall be isolated for a period of not less than ten (10) days counting from the day following the bite incident. The Center shall collect fees due on owned animals from that owner, however, quarantine of unclaimed biting animals shall be charged to the Agency involved according to fee set out in Addendum "A". 22. It is mutually agreed that the Agency placing a dog/cat in quarantine shall be responsible for notification of victim and owner of animal's condition, date or release from quarantine. 23. It is mutually agreed that the Center will provide facilities to a representative of each Agency to prepare an animal for rabies testing and that the preparation, packing and shipping shall be the sole responsibility of that Agency unless otherwise agreed upon and set out in this agreement, the fees for which are set out in Addendum "A". 24. It is mutually agreed that the Center shall have the sole and exclusive right to determine the refPonsibility of 6 , homes offered, and the Center shall have the sole and exclusive right to accept such applicants for unclaimed animals. 25. It is agreed that all the terms of this interlocal agreement shall remain in full force and effect until amended, superseded by a new agreement, or cancelled by either party as herein provided, and shall not be terminated by either party without mutual agreement to dissolve the interlocal agreement. 26. It is mutually agreed that fees set out in Addendum "A" are to remain constant for the first two (2) years of expanded operations and further that any increase after that period would be as mutually agreed upon by all Agencies involved or as a result of a comprehensive study by professional firm employed for that expressed purpose. 27. It is mutually agreed that any proposed amendment made to this interlocal agreement, upon being agreed to and signed by both parties, shall become part of this interlocal agreement. 28. It is mutually agreed that this inter local agreement revokes all former agreements for impounding animals, written and oral, entered into by the parties. IN WITNESS WHEREOF, the said Agency and the City of North Richland Hills have hereunto caused their respective corporate names and seals to be hereto subscribed and affixed by their respective officers first thereunto duly authorized as of the date hereinabove first written. APPROVED: ATTEST: ~~ TY SECRETARY, CITY OF NORTH RICHLAND HILLS AP~ - - ATTORNEY, CITY OF NORTH RICHLAND HILLS 7 ATTEST: ~~~~~ WATAUGA APPROVED AS TO FORM: APPROVED: -¡='"~ .L ,/ý ··C.· 'I MAY~ CI Y OF WATA~ I 8 ADDENDUM "A" 1. Contributions to Initial Capital Costs: City of North Richland Hills City of Watauga $85,000 32,,7.00 2. Contributions to Operating and Maintenance Cost: The City of North Richland Hills shall assume daily operation and maintenance costs for the Center, however it is mutually agreed that the Agency will contribute to the Personnel Cost for only the first full year of expanded operations as follows: Personnel Cost City of North Richland Hills City of Watauga $10,000 10,000 3. Animal Housing Fee: A. B. Animal held required 4 days/final disposition Board per day per animal-to be paid by owner if animal reclaimed $25 $6 C. Bite Observation per day per animal-to be paid by owner or in the case of unclaimed animals by the Agency $10 D. Board per day per animal held on complaint at request of Agency past the 4 day minimum-to be paid by animal owner $6 $45 $6 E. Rabies testing per animal F. Wildlife held one day and released G. Fee to sell Agencies' animal registration per license $1 H. Pick-up Fee-to be rebated to agency on animals reclaimed and returned to owners (impoundment fee) $25/50/100* * $ 25.00 - First impoundment ($10.00 if neutered) $ 50.00 - Second impoundment $100.00 - Third impoundment 9