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HomeMy WebLinkAbout1997-021A CORINTH ANM ORDINANCE NO /-Do2 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is hereby authorized to execute an Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats ("Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein SECTION II That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement SECTION III That this ordinance shall become effective immed- iately upon its passage and approval LL PASSED AND APPROVED this the 0° day of L1997 JAC V ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY STATE OF TEXAS INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON WHEREAS, the City of Denton, Texas and the City of Corinth, Texas, are both municipal corporations with the authority and power to contract, and WHEREAS, the City of Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton, and WHEREAS, the City of Denton is the owner of certain vehicles, facilities and equipment designed for the transporting, holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment, and WHEREAS, the City of Corinth desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, and more fully hereafter described, for the benefit of the residents of the City of Corinth, Texas, and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, the City of Corinth and the City of Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, the City of Corinth and the City of Denton, for the mutual consideration hereinafter stated, agree as follows I A COVENANTS OF THE CITY OF DENTON Holding of Dogs and Cats The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the City of Corinth and to accept and hold dogs and cats brought to and released to the Center from residents of the incorporated areas of the City of Corinth under the following terms and conditions Page 1 of 5 (a) Hok�ine Period for Dogc rid atc The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the City of Denton and the animal will be held for adoption or humanely destroyed Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor (b) Holding Fees for Impounded Dogs and Cats For the purpose of this Agreement, the City of Denton will charge six dollars ($6 00) per day holding fee for each day that an animal is held at the Center This fee will be assessed against the owner of the animal at the time the animal is reclaimed No animal will be released until all applicable fees are paid in full (c) Holding of QUarantmed nim tc The City of Denton agrees to accept and hold rabid suspects in quarantine for the City of Corinth when conditions permit, and such action is authorized by a representative of the City of Corinth (d) Holding Fees for Quarantined Animals The holding fee for quarantined animals shall be seven dollars ($7 00) per day for each day that the animal is held (e) Head Shipments and Rabies Testing Upon request of the City of Corinth, the City of Denton will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health The fee for this service shall be thirty-five dollars ($35 00) for each head shipped B COVENANTS OF THE CITY OF CORINTH Financial Re_%=&b tity In order to reimburse the City of Denton for its costs incurred under this Agreement, the City of Corinth agrees to pay for the holding fees and euthanasia fees on all dogs and cats received from the incorporated areas of the City of Corinth or its authorized agent if the animal(s) is not reclaimed by its owner These fees will be assessed on the following basis Page 2 of 5 (a) Euthamzed Animal $6 00 per day holding fee for four (4) days for each animal $24 00 $15 00 Euthanasia Fee Total Fee (b) Adopted Animal $6 00 per day holding fee for four (4) days for each animal $24 00 (c) Head Shipments $35 00 The City of Denton will collect impound fees from the owners of dogs and cats received from the incorporated areas of the City of Corinth Impound fee monies will be applied to fees owed the City of Denton by the City of Corinth for animals not reclaimed by the owner 1st Impoundment - $20 00 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $67 00 The City of Corinth agrees payment shall be made within forty-five days (45) days of receipt of invoice by the City of Corinth II The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees, and agents, the City of Denton's subcontractors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement with said City of Denton The City of Corinth agrees to and accepts full responsibility for the acts, negligence, and/or ommssions of all of the City of Corinth's employees, and agents, the City of Corinth's subcontractors, and/or contract laborers doing work under an agreement or contract with the City of Corinth in performance of this agreement with the City of Denton It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto Page 3 of 5 III The fact that the City of Corinth and the City of Denton accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law Neither the City of Denton nor the City of Corinth waives or shall be deemed hereby to waive, any immunity or defence that would otherwise be available to it against claims arising from the exercise of governmental functions IV The term of the agreement shall commence as of February 1, 1997 and end January 31, 1998 Thereafter, this agreement shall be renewed for successive additional one (1) year terms commencing on February 1 of each year if the City of Corinth and the City of Denton agree in writing on or before the first day of February to a successive term and the amount of consideration to be paid hereunder for each successive term, provided, however, either party may terminate this agreement, upon thirty (30) days written notice to the other u This Agreement represents the entire and integrated agreement between the City of Denton and the City of Corinth and supersedes all prior negotiations, representations and/or agreements, either written or oral This Agreement may be amended only by written instrument signed by both the City of Denton and the City of Corinth VI Tins Agreement and 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 VII In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible Page 4 of 5 VIII The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect EXECUTED to duplicate originals this the B day of 1997 CITY OF DENTON BY J { MILLER, MAYOR ATTEST J IFER ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L. PnMTY CITY ATTORNEY BY �Awy elw� CITY OF CORINTH, TEXAS ATTEST ISTIN GRA GER, CI SECRETARY APPROVED AS TO LEGAL FORM ATTORNEY FOR THE CITY OF CORINTH Im BY SHIRLEY SP Ll IIERBERG, MAYOR Page 5 of 5