HomeMy WebLinkAboutResolution-2007-0017
RESOLUTION 17
Series of 2007
TITLE:
RESOLUTION 17-2007 - A RESOLUTION
APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN JEFFERSON COUNTY,
THE CITY OF ARV ADA, THE CITY OF
LAKEWOOD, TtlE CITY OF WHEAT RIDGE,
TtlE CITY OF GOLDEN, AND TtlE CITY OF
WESTMINSTER FOR TtlE IMPLEMENTATION
OF A COUNTY-WIDE DOG LICENSING
PROGRAM
WHEREAS, C.R.S. Section 30-15-101(1) authorizes the board of county commissioners
of each county to provide for licensing of dogs and other animals; and
WHEREAS, C.R.S. Section 30-15-101(2) authorizes counties and municipalities to enter
into an intergovernmental agreement to provide for the control, licensing, impounding, or
disposition of pet animals or to provide for the accomplishment of any other aspect of a county or
municipal dog control or pet animal control licensing resolution or ordinance; and
WHEREAS, C.R.S. Section 31-15-401(m)(I) and Colorado Constitution Article XX,
Section 6 authorize municipalities to regulate and control animals within the municipality
including, but not limited to, licensing, impoundment, and disposition of impounded animals; and
WHEREAS, Part 2 of Article I of Title 29, C.R.S. permits and encourages governments
to make the most efficient and effective use of their powers and responsibilities by cooperating
and contracting with other governments; and
WHEREAS, Part 2 of Article I of Title 29, C.R.S. authorizes governments to contract
with one another to provide any function, service or facility lawfully authorized to each of the
contracting units through the establishment of a separate legal entity; and
WHEREAS, the above-reference parties entered into an intergovernmental agreement
date January I, 1998, that established a separate legal entity known as the Table Mountain
Animal Center ("TMAC"); and
WHEREAS, it would be in the best interest of all of the above-referenced parties to
participate in a county-wide licensing program in order to provide county-wide tracking of dogs
to increase the number of dogs returned to their owners and to provide increased funding for the
construction of a new facility for TMAC after coverage of administrative costs; and
WHEREAS, the entities agree that each jurisdiction and its residents should contribute
toward the funding of the TMAC in equal proportion to the number of dogs in their jurisdiction;
NOW THEREFORE, be it resolved by the Council of the City of Wheat Ridge that:
Section I. The Intergovernmental Agreement between Jefferson County, the City of
Arvada, the City of Lakewood, the City of Wheat Ridge, the City of Golden, and the City of
Westminster for the implementation of a County-Wide Dog Licensing Program, attached hereto
and incorporated herein by this reference, is approved.
Section 2. This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED THIS
ATTEST:
~._~
Michael D. Snow, City Clerk
'\~
I' d:lY of June 2007.
j!~M'M_;ltr
~ Dilullio, Mayor
INTERGOVERNMENTAL AGREEMENT
.BETWEEN .JEFFERSON COlJNTY. THE CITY OF ARV ADA. THE CITV OF LAKEWOOD. THE
CITY OF WHEAT RIDGR. THE CITY OF ('..oLDEN. AND THE CITY OF WESTMINSTER FOR
THE TMPI,EMENTATTON OF A COUNTY-WIDE DOG LICENSING PROGRAM
THIS AGREEMENT, dated for reference purposes only this 20 day of June, 2007, is made and entered
into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate
(the "County"); the CITY OF ARV ADA, a municipal corporation ("Arvada"); the CITY OF LAKEWOOD, a
municipal corporation ("Lakewood"); the CITY OF WHEAT RIDGE, a municipal corporation ("Wheat Ridge");
the CITY OF GOLDEN, a municipal corporation ("Golden"); and the CITY OF WESTMINSTER, a municipal
corporation ("Westminster");
WITNESSETH
WHEREAS, C.R.S. Section 30-15-101 (1) authorizes the board of county commissioners of each county to
provide for licensing of dogs and other animals; and
WHEREAS, C.R.S. Section 30-15-10 I (2) authorizes counties and municipalities to enter into an
intergovernmental agreement to provide for the control, licensing, impounding, or disposition of pet animals or to
provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control
licensing resolution or ordinance; and
WHEREAS, C.R.S. Section 31-15.401(m)(I) and Colorado Constitution Article XX, Section 6 authorize
municipalities to regulate and control animals within the municipality including, but not limited to, licensing,
impoundment, and disposition of impounded animals; and
WHEREAS, Part 2 of Article I of Title 29, C.R.S. permits and encourages govermnents to make the most
efficient and effective use of their powers and responsibilities by cooperating and contracting with other
governments; and
WHEREAS, Part 2 of Article I of Title 29, C.R.S. authorizes govermnents to contract with one another to
provide any function, service, or facility lawfully authorized to each of the contracting units through the
establishment of a separate legal entity; and
WHEREAS, the above-referenced parties entered into an intergovernmental agreement dated January 1,
1998, that established a separate legal entity known as the Table Mountain Animal Center ("TMAC").
WHEREAS, it would be in the best interest of all of the above-referenced parties to participate in a county-
wide licensing program in order to provide county-wide tracking of dogs to increase the number of dogs returned to
their owners and to provide increased funding for the construction of a new facility for TMAC after coverage of
administrative costs; and
WHEREAS, the entities agree that each jurisdiction and its residents should contribute toward the funding
of the TMAC in equal proportion to the number of dogs in their jurisdiction;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereinafter
contained, the receipt and sufficiency of which are hereby confessed, it is understood and agreed as follows:
I. COlJNTY-WIDE LICENSING PROGRAM
A. ORDINANCE ADOPTION. Each party shall adopt an ordinance which establishes a dog
licensing program and penalties within its jurisdiction. The dog licensing ordinances adopted by the parties shall be
consistent with the County ordinance concerning licensing of dogs; however, each jurisdiction has discretion to
adopt its own penalties.
B. ENFORCEMENT. Each jurisdiction shall be responsible for enforcement of the penalties for its
dog licensing ordinance within their own jurisdiction. Each jurisdiction agrees to actively pursue enforcement of
said ordinance.
C. DELEGATION OF AUTHORITY. The parties hereby delegate authority to the Connty to issue
licenses and colIect fees for said dog licenses on behalf of all parties. The dog licenses shall all be identified as
"County Dog Licenses."
II. FUNDS AND OPERA TTONS
A. DESIGNATION OF FUNDS. The County agrees that all monies paid to the County for the
licensing of dogs within the jurisdictions of all parties, shall be placed into a designated fund (the "Dog Licensing
Fund") except the funds due to the County as provided in Article II, Section B.
B. COUNTY'S ADMINISTRATIVE COSTS. On Augnst 1" of each year this Agreement is in effect,
the County shall provide each party with a statement of the County's administrative costs directly attributable to the
opetation of the County-Wide Dog Licensing Program from Jnly I" through June 30th of each year, and the
projected administrative costs for the upcoming year. The County shall then transfer the amount of the County's
administrative costs to the County general fund to reimburse the County for its administrative costs. The County
shall be entitled to payment for the cost of, at a maximum, two full-time employees including salary, benefits and
overhead. The County employee positions shall be Administrative Specialist I or II positions as currently defined by
the County or equivalent positions. The County shall also be entitled to the cost of tags, mailers (for new tags and
renewals), postage, printing, maintenance/updates of dog licensing software and miscellaneous office supplies, and
any other costs directly attributable to the operation of the County-Wide Dog Licensing Program.
C. DISBURSEMENT OF FUNDS. Except for the funds paid to the County general fund as provided
in Article II, Section B, the funds contained in the Dog Licensing Fund shall be retained by the County to be used for
the construction of a new facility for the TMAC which replaces the existing facility at 4105 Y oungfield, Wheat
Ridge, Colorado, or capital improvements or maintenance of the current facility. This includes but is not limited to
roof, plumbing or ventilation repair and cages, kennels or equipment required to comply with Pet Animal Care
Facility Act regulations. Upon completion of a new facility and final payment of all costs for the design and
construction of the new facility, the parties shall amend this Agreement to provide for permissible uses of future
revenues. If no agreement is reached as to the use of future revenues within three (3) months, the revenue, except for
the County's Administrative Costs as provided in Article II, Section B, shall be returned to the parties as provided in
Article II, Section E, Surplus Revenues, without the requirement of approval of the other parties.
D. FUNDING DETERMINATIONS/LOAN LIMITS/WEIGHTED VOTING. Except as
provided in Article IT, Section B and C, funds shall not be disbursed from the Dog Licensing Fund for any purpose
unless approved by a majority of the parties' City Managers and the County Administrator or their designees
(hereinafter "Manager or Managers"). Further the parties agree that no loans shall be obtained obligating the funds
raised from the County-Wide Licensing Program to be used for payments on the loan or to secure the loan without
the unanimons consent of the parties' Managers. If the Managers approve the use of the funds in the Dog Licensing
Fund to secure or make payments on a loan, the parties agree that this Agreement shall not be terminated or any
party's participation terminated until the loan has been paid in full or that party's share of the loan has been paid in
full. A party's share of the loan shall be directly proportional to ratio of its Estimated Dog Popnlation to the total
Estimated Dog Popnlation, as that term is defined in Subparagraph IV.A.2. of this Agreement. Any such loan shall
comply with the requirements of Colorado Constitution Article X, Section 20. If there are other funds available for
the construction of the facility, such as the TMAC capital improvement fund, such funds shonld be considered in any
future funding of a facility.
Each Manager shall have one vote unless any Manager requests a weighted vote. For weighted voting, each
manager's vote would be weighted based on the number of households in each jurisdiction relative to the total
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number of households in all of the parties' jurisdictions. Arvada's and Westminster's jurisdictions shall include the
area within their respective jurisdictions that is within Adams County and Jefferson County. Weighted voting shall
not be used to alter the revenue formnlas as provided in Articles IV and V.
E. REVENUES. The County may return any revenues generated by the County-Wide Licensing
Program to the respective parties hereto in the same proportion that said parties' residents and the parties contributed
to the Dog Licensing Fund if approved by a majority of the parties as provided in Article II, Section D.
m. BOOKS AND RECORDS
RECORD KEEPING. The County shall maintain adequate and correct accounts of the funds, which
accounts shall be open to inspection at any reasonable time by the parties heteto, their attorneys, or their agents.
IV. REPORTS
A. DEFINITIONS.
I. Compliance Rate shall mean the rate calcnlated by dividing
a. the number of licenses issued for dogs residing in a jurisdiction during a one year
period by
b. the Estimated Dog Population in each jurisdiction for the same period.
The first reporting period shall be from Jnly I, 2007, or the date the County begins issuing dog licenses under the
terms of this Agreement, until June 30, 2008, and the remaining periods shall be from July 1" to June 30th of each
subsequent year. The number of licenses issued for dogs residing in Westminster and Arvada shall include the
households in their respective jurisdictions that are within Adams County and Jefferson County.
2. Estimated Dog Population means
a. the percentage of households harboring one or more dogs, obtained from the most
current U.S. Pet Ownership and Demographic Source Book published by the
American Vetetinarian Medical Association (currently 43.5%); mnltiplied by
b. the number of households in a jurisdiction, as reported in the most current
publication by the State Demographer's Office (the calcnlation of estimated
households for Westminster and Arvada shall include the households in their
respective jurisdictions which are within Adams County and Jefferson County);
multiplied by
c. the average number of dogs per household for each household with a dog, obtained
from the most current U.S. Pet Ownership and Demographic Source Book
(currently 1.52).
B. ANNUAL REPORT. By August 1" of each year, the County shall prepare and present to the
respective City Councils and the Board of County Commissioners of Jefferson County an annual report of the number of
animals licensed during the prior year in each party's jurisdiction, the estimated household popnlation of each
jurisdiction as reported in the most current publication by the State Demographer's Office, the Compliance Rate for
each jurisdiction and the funds collected during the prior year. A sample of the report format is attached as Exhibit A.
C. REPORTS REQUESTED BY THE PARTIES. The County shall also render to the parties hereto,
at reasonable intervals, such reports and accountings as the parties hereto may from time to time request.
V. REVIEW OF REVENUES AND JURISDICTION COMPLIANCE
A. REVIEW OF REVENUES AND COMPLIANCE BY JURISDICTION. If during the reporting
period ending June 30, 2008, there is less than ten per cent (10%) compliance by the reside\lts in a jurisdiction, the
respective jurisdiction shall pay to the County for placement in the Dog Licensing Fund an amount equal to the
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difference between the funds that the Dog Licensing Fund would have received if there was ten per cent (10%)
compliance at the spayed dog licensing rate and the amount of dog license fees actually collected from the residents
of that jurisdiction. If during the second full reporting period (July I, 2008 to June 30, 2009), there is less than
tweuty per cent (20%) compliance by the residents in a jurisdiction, the respective jurisdiction shall pay to the
County for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog
Licensing Fund would have received if there was twenty per cent (20%) compliance at the spayed dog licensing rate
and the amount of dog licensing fees actually collected from the residents of that jnrisdiction.
The ten percent (10%) and twenty percent (20%) Compliance Rates set forth above shall be defined as the
Minimum Compliance Rates for the first and second year this Agreement is in effect respectively. When the annual
report is distributed at the end of the second full year and every year thereafter, a new Minimum Compliance Rate
shall be set for the following year. If all the parties' jurisdictions exceed a Minimum Compliance Rate oftweuty
percent (20%) according to the annual report, the new Minimum Compliance Rate for the following year shall be the
lowest Compliance Rate of all the parties in the Annual Report. If any party's jurisdiction fails to meet the Minimum
Compliance Rate set for a reporting period, the party shall pay to the County for placement in the Dog Licensing
Fund an amount equal to the difference between the funds that the Dog Licensing Fund wonld have received if the
Minimum Compliance Rate was met at the spayed dog licensing rate, and the amount of dog license fees actually
collected from the residents of that jurisdiction.
Any party whose jurisdiction has a Compliance Rate above the JI.;Iinimnm Compliance Rate during any
reporting period shall be reimbursed for the amount of funds the County received from the residents of their
jurisdiction which exceeded the amount of funds the County wonld have received if the Minimum Compliance Rate
was met but not exceeded during that reporting period.
B. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to pay the amounts set forth
in Article V, Section A, to the County for placement in the Dog Licensing Fund by January 31" of the year following
which the Annual Report determined a party failed to meet the Compliance Rate, provided, however, that all
payments to the Dog Licensing Fund pursuant to this Agreement are subject to annual appropriation by the County
and municipal parties hereto in the manner required by statue. It is the intention of the parties that no multiple-year
fiscal debt or other obligation be created by this Agreement.
VI. POWER TO CONTRACT WITH NON-PARTffiS
It is mutually agreed that the County shall have the authority to contract with other cities or towns to
provide dog licensing services. The funds collected from the other cities or towns shall be placed in the Dog
Licensing Fund and used in accordance with the terms of this Agreement. The County shall have the discretion to
require said city or town to comply with the Minimum Compliance Rate provisions set forth in Article V. Nothing
herein pennits a non-party contracting with the County for dog licensing services to use TMAC facilities unless
specifically authorized by the Intergovermnental Agreement creating TMAC dated January I, 1998, or approved by
a majority of the Managers.
VII. DEFAULTTNPERFnRMANCE
In the event any party fails to make the payments to the County when due as provided by Article V, or to
perform any of its covenants and undertakings under this Agreement, the County shall cause written notice to be
given to the governing body of the defaulting party of the termination of the party's participation in the Agreement,
unless such defanlt is cured within thirty (30) days from the date of such notice. Upon failure to cure said default
within said thirty (30) day period, the defaulting party shall no longer be a party to the Agreement. The County shall
no longer provide licensing services to said defanlting party and said defaulting party shall thereafter have no voting
rights as provided in Article II, Section D. The defaulting party whose participation is terminated under this section
of this Agreement shall forfeit all right, title, and interest in and to any funds in the Dog Licensing Fund which said
party may otherwise have been entitled upon the dissolution of this Agreement. If a party is in defanlt of this
Agreement for any reason other than non"l'l"Vl',:ation of funds for payment to the County for placement in the Dog
Licensing Fund, termination of the defaulting party's participation in the Agreement shall not relieve the defaulting
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party of the obligation to make the payments to the County for placement in the Dog Licensing Fund as provided in
Article V that were due prior to the defanlting party's tennination. This Section is not intended to limit the right of
any party under this Agreement to pursue any or all other remedies it may have for breach of this Agreement. A
party who fails to make the payments required by Article V for any reason other than nonap,nvp.;ation of funds shall
be obligated to pay all costs of collection of said payment, including reasonable attorneys' fees.
Upon termination of the defaulting party, the other parties may terminate this Agreement by a majority vote
of the Managers as provided in Article II, Section D.
VIIJ. TERM. RENEWAL AND TERMTNA TION OF AGREEMENT
A. TERM AND RENEWAL OF AGREEMENT. This Agreement shall be in full force and effect on
the date that all parties have executed this Agreement and the last of all the parties has adopted a licensing ordinance.
The County shall begin issuing licenses and collecting fees for all parties upon written notice by each party that it has
executed the Agreement and adopted a dog licensing ordinance. This Agreement shall automatically renew for a one
(1) year term on Jnly I of each subsequent year unless any party gives notice of its intent to terminate this Agreement
before Apri!I" of the year the party seeks to terminate the Agreement. Termination of this Agreement for any
reason other than a party's failure to appwp.;ate funds shall not relieve the parties of their obligation to make the
payments to the County for placement in the Dog Licensing Fund as provided in Article V for the time periods prior
to the termination of this Agreement. Funds shall be due for the failure to meet the Compliance Rate for all years
prior to termination including the final year prior to termination.
B. TERMINATION BY WRITTEN NOTICE. Notwithstanding Article VIII, Section A, a party may
terminate its participation in this Agreement with or without cause after ninety (90) days notice to each of the other
parties. Termination of the Agreement for any reason other than nonappwp.;ation of funds shall not relieve the
terminating party of the obligation to make the payments to the County for placement in the Dog Licensing Fund as
provided in Article V. The amount owed shall be prorated for the percentage of the one-year term the tenninating
party was a party to this Agreement.
C. DISBURSEMENT OF FUND UPON TERMINATION. If this AgreeIDentis terminated, the
County shall retain any funds held in the County Wide Licensing Funds which funds shall be disbursed by the
County as provided in Article II, Section B, C, D and E. This provision and the provisions of Article II, Section B,
C, D and E, shall survive tennination of this Agreement.
IV. AMENDMENT
This Agreement may be amended at any time in writing by agreement of two-thirds of the parties to this
Agreement subject to the approval of the various governing bodies.
X. SEVERABILITY CLAUSE
If any provisions of this Agreement or the application thereof to any party or circumstances are held invalid,
such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without
the invalid provision or application, and to this end, the provisions of the Agreement are declared to be severable.
XI. r-OUNTERPARTS
This Agreement may be signed in counterparts, and each counterpart shall be deemed an original, and all
the counterparts taken as a whole shall constitute one and the same instrument. The Agreement shall not be effective
until executed by all parties.
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XII. NO THIRD PARTY BENEFICIARIES
Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of
and between the parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities
not named as parties, limit in any way govermnental immnnity and other limited liability statutes for the protection of
the parties, nor limit the powers and responsibilities of any other entity not a party hereto. Nothing contained herein
shall be deemed to create a partnership or joint venture between the parties with respect to the subject matter hereof.
XII. NO GENERAl, OBUGA TTON INDEBTEDNESS
Because this Agreement will extend beyond the current fiscal year, the parties understand and intend that
the obligation of the parties to pay any funds hereunder constitutes a current expense of the parties payable
exclusively from the parties' funds and shall not in any way be construed to be a general obligation indebtedness of
the parties within the meaning of any provision of Article XI of the Colorado Constitution, or any other
constitutional or statutory indebtedness. None of the parties has pledged the full faith and credit of the state, or the
parties to the paymeut of the charges hereunder, and this Agreement shall not directly or contingently obligate the
parties to apply money from, or levy or pledge any form of taxation to, the payment of any funds.
XIV. NONAPPROPRTATlON
The payment of parties' obligations in fiscal years subsequent to the current year are contingent upon funds
for this Agreement being appwp.;ated and budgeted. If funds for this Agreement are not appropriated and budgeted
in any year subsequent to the fiscal year of execution of this Agreement, the nonappropriating party's participation in
this Agreement shall terminate. The parties' fiscal years are currently the calendar year.
xv. GOVERNING LAW ANI) Vlj'NIJE
This Agreement shall be governed by the laws of the State of Colorado and venue shall be in the
County of Jefferson, State of Colorado.
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TN WITNESSJYJmREOF, the parties have executed this Agreement.
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Gay~.'~el
Assistant County Attorney
ATTEST:
CITY OF ARVADA,
STATE OF COLORADO
City Clerk
Bv
Name & Title:
Date:
APPROVED AS TO FORM:
Office of the City Attorney
mlattomey/comm~res1IGA.Countywide Dog Licensing IGA 5~17-07 final drafdoc
7
IN WTI'NESS WHEREOF, the parties have executed this Agreement.
ATIEST:
JEFFERSON COUNTY,
STATE OF COLORADO
Deputy Clerk and Recorder
Bv
Jim Congrove, Chairman
Board of County Commissioners
Date:
APPROVED AS TO FORM:
Gay B. Ummel
Assistant County Attorney
ATIEST:
CITY OF ARV ADA,
STATE OF COLORADO
o.&~Z:;tJ~ A-~--,
City Clerk ~
By ,
Name & Title: Ken Fellman. Mayor
Dare: June 4. 2007
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ATTEST.
A~/iA-m GwL
City Clerk
~ -
~e City A'ttbrney
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~
CITY OF GOLDEN
STATE OF COLORADO
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ate: :
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' nt wide Dog LlcenslIlg
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ATTEST:
APPROVED AS TO FORM
Jartt ~oung, Dep t
Offi~f the City A
CITY OF LAKEWOOD
~/?L-
Mike Rock, City Manager
8
ATTEST:
A1'~~
//~J
,~
City Clerk
ATTEST:
CITY OF WESTMINSTER
STATE OF COLORADO
City Manager
~~~
Office ofthe City Attorney
9
ATTEST:
CITY OF WHEAT RIDGE
STATE OF COLORADO
~
City Clerk
By4}~1:dh -
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ate:_ hi) 0'/0 I
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oIfire "'"" Ci, A_fJilfJ
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Exhibit A
Example Report
2007 Dog License Revenue
July 1,2007 to June 30, 2008
(Submitted to cities, August 1, 2008)
ColC ColD Col E Col F ColG ColH Call Col J
Households # Dog Total Dogs Actual Actual 10% #Licenses Spayed Amount Actual Amount
Owning by Licenses Compliance Compliance Above (- Rate of Owe (+) or Collected (July
Households Jurisdiction Issued by (Co I FICol Rate lor Under License Refund (-) 1, xxxx to June
(.435 x total (1.52 Jurisdiction E) (+) Fee for (Call * Col 30, xxxx) -
households) DogslDog Current J) Payable by
Owning Year January 31,
Household) i~~;~ \ xxxx)
,,~
10'40%. , d,746 '"I>
Arvada 41,530 18,066 27,460 2,800 -54 $15 -$811 Refund xxx
Golden 7,721 3,359 5,105 530 10.38% 511 -19 $15 -$292 Refund xxx
Uninc. Jeffco 74,434 32,379 49,216 4,000 8.1,3% 4,922 '922 $15 $13,824 Owe xxx
l.akewood 64,755 28,168 42,816 4,300 10.04% 4,282 -18 $15 -$276 Refund xxx
Westminster 43,412 18,884 28,704 ' 2,900 10.10% 2,870 -30 $15 -$444 Refund xxx
Wheat Ridge 15,098 6,568 9,983 1,000 10.02% 998 -2 $15 -$26 Refund xxx
Total Revenues =
Less Administration costs (actual) =
Less Refunds =
Plus Payments =
Fund Contribntiol1 for 2007-2008
xxx xx
$105,000
$ 1,849
$ 13 .824