RES 1995-02TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 9 5 - 0 2
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS APPROVING AND ADOPTING AN ANIMAL CARE
CONTRACT BY AND BETWEEN THE TOWN AND JASPER HAYES,
WHEREIN JASPER HAYES AGREES TO PROVIDE TEMPORARY SHELTER
SERVICES FOR ANIMALS; AUTHORIZING THE MAYOR TO EXECUTE
THE CONTRACT; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS:
Section 1. The Animal Care Contract, a true and correct copy of which is attached
hereto, by and between the Town of Trophy Club and Jasper Hayes is hereby approved and
adopted.
Section 2. The Mayor is hereby authorized and directed to execute the said Contract on
behalf of the Town.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 17 t flay of January , 1995.
ayor, Town of Tro y Club, Texas
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
'T6wn A4torney,
Town of Trophy Club, Texas
DOC #: 225351
OFFICIAL COPY
STATE OF TEXAS §
§ ANIMAL CARE CONTRACT
COUNTY OF DENTON §
This Animal Care Contract is entered into between the Town of Trophy Club, Texas and
Jasper Hayes.
WHEREAS, the Town of Trophy Club, Texas is authorized to protect the health, safety
and welfare of its citizens; and
WHEREAS, the Town desires to enter into this Contract with Jasper Hayes for the
purpose of temporarily placing with Jasper Hayes animals impounded by officials of the Town.
NOW, THEREFORE, for and in consideration of the above and foregoing premises and
other good and valuable consideration, the sufficiency of which is hereby acknowledged, the
Town of Trophy Club, Texas ("Trophy Club") and Jasper Hayes ("Hayes") do hereby contract
and agree as follows:
Section 1. Effective date and term; Automatic renewal. This Contract shall be
effective for a period of one (1) year, with an effective date of 0 c t o b e r 1 , 1994_
(the "initial term"). Unless otherwise terminated by either party hereto in accordance with
Section 4, this Contract shall be renewed automatically at the end of the initial term and of each
successive one (1) year term thereafter; provided, however, that this Agreement shall be subject
to annual appropriation of revenues sufficient to pay the costs hereof.
Section 2. Animal Drop-off and sheltering; Rates. Hayes shall receive, maintain and
control all animals brought or delivered to Hayes by any officer, employee or agent of Trophy
Club in accordance with the following:
A. Delivery and care of animals; holding period. An animal received by Hayes shall
be placed in a cage or other holding facility, and thereafter Hayes shall assume responsibility
for the animal, including the care and feeding of the animal. It is anticipated that animals
delivered to Hayes by Trophy Club shall be kept by Hayes for not less than one (1) nor more
than three (3) days; provided, however, that at Trophy Club's request, Hayes shall hold an
animal for a period of excess of three (3) days (the "holding period").
B. Hours for drop-off. All animal drop-offs by Trophy Club, its officers, employees
or agents shall be performed at reasonable times, and as hereafter agreed upon between Trophy
Club and Hayes.
C. Rates. A fee of $8.00 per day shall be paid to Hayes by Trophy Club for each
day during which an animal remains in the custody and care of Hayes.
DOC #: 225351
D. Unclaimed animals. If an animal held by Hayes is not claimed during the holding
period, Trophy Club shall retrieve the animal and thereafter handle the animal in accordance
with Trophy Club animal control policies.
Section 3. Compliance with laws. In the transportation, delivering, handling and care
of any animal, Hayes and Trophy Club shall abide by the laws and regulations of the State of
Texas, including art. 4477-6a, V.T.C.S., as amended and the rules and regulations of the Texas
Department of Health, and the ordinances of Trophy Club.
Section 4. Termination. This Agreement may be terminated at any time by either party
hereto giving at least thirty (30) days written notice to the other party of such termination.
Notice of such termination shall be sent to the following address:
To Trophy Club: To Hayes:
100 Municipal Drive Box 155, Marshall Creek Road
Trophy Club, Texas 76262 Roanoke, Texas 76262
Attention: Town Manager Attention: Jasper Hayes
In the event of such termination, Hayes shall be compensated by Trophy Club for all services
performed to the date of termination.
Section 5. Application of laws. The validity of this Agreement and of any of its terms
or provisions, as well as the rights and duties of the parties hereto, shall be governed by the
laws of the State of Texas. This Agreement shall be performable and al compensation payable
in Denton County, Texas. Venue under this Agreement lies in Denton County, Texas.
Section 6. Severability. If any clause, paragraph, section or portion of this Agreement
shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the
Agreement shall remain in full force and effect and the parties shall be deemed to have
contracted as if said clause, section, paragraph or portion had not been in the Agreement
initially.
EXECUTED on the day and year first written above.
TOWN OF TROPHY CLUB, TEXAS
By:
a or James P. Carte
A'1iEST:
By:41
f<`
Karen Sadri, Town Secretary
DOC #: 225351
gasper Hayes