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Home My WebLink About1996-264A \COUNTY ANI ORDINANCE NO %_9N/ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY 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 Denton County for the impoundment and disposition of dogs and cats, a copy of which is attached hereto as Exhibit "A" 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 PASSED AND APPROVED this the W_ day of 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT TO LEGAL FORM PROUTY, CITY A JACK ILLER, MAYOR THE STATE OF TEXAS X X INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON X This agreement made and entered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called CITY) and the COUNTY of Denton, Texas, acting herein by and through its County Judge, duly authorized by court order of the Commissioners Court of Denton County, Texas (hereinafter called COUNTY) WHEREAS, CITY and COUNTY are both local governments with authority and power to contract, and WHEREAS, CITY is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton, and WHEREAS, CITY is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment, and WHEREAS, COUNTY desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the County of Denton, 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, COUNTY and CITY mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows A COVENANTS OF CITY. Holding of Dogs and Cats. CITY agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the COUNTY and to accept and hold dogs and cats brought to and released to the Center from residents of the unincorporated areas of COUNTY under the following terms and conditions ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT DENTON COUNTY CITY OF DENTON -DENCOIN WPD AUGUST 14 1996 Holding period for Dogs and Cats. The CITY agrees to hold such dogs and cats for a period of mnety-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 mnety-six hour period, the ownership of the animal shall revert to the CITY and the animal will be held for adoption or humanely destroyed Animals will be humanely destroyed at the discretion of the Ammal Control Supervisor b Holdme Fees for Impounded Does, For the purpose of this Agreement, CITY will charge SIX DOLLARS ($6 00) per day holding fee for each day that an animal is held at the Center In determining the meaning of the term "animal", as used herem, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement 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 Holding of Quarantined Animals, CITY agrees to accept and hold rabid suspects in quarantine for COUNTY when conditions permit, and such action is authorized by a representative of COUNTY 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 Head ghmments and Rabies Testing Upon request of COUNTY, CITY 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 CITY agrees to request and require residence information from persons bringing or releasing animals to the Center in order to verify residence in the unincorporated areas of Denton County This requested information shall include a The person's address and telephone number, and b The person's written acknowledgment of their residence being in the unincorporated area of Denton County ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT DENTON COUNTY CITY OF DENTON DENCOINWPD AUGUST 14 1996 B COVENANTS OF COUNTY: Financial_ Resyonsib h y In order to reimburse the CITY for its costs incurred under this Agreement, COUNTY agrees to pay for holding and euthanasia fees on dogs and cats received from the unincorporated areas of the County of Denton or its authorized agent if an animal is not reclaimed by Its owner Fees will be assessed on the following basis Euthanized Animal: $6 00 per day holding fee for each animal as determined herein plus $15 00 Euthanasia Fee b Adopted Animal. $6 00 per day holding fee for each animal as determined herein Head Shipments: $35 00 - Shipment fee CITY will collect impound fees duly authorized by COUNTY and as specified in this paragraph from the owners of dogs and cats received from the unincorporated areas of the COUNTY Impound fee monies will be applied to fees owed CITY by COUNTY for animals not reclaimed by the owner 1 st Impoundment - $20 00 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $67 00 COUNTY agrees payment shall be made within forty-five (45) days of receipt of invoice by COUNTY. II CITY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of City's employees, and agents, City's subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreement with said COUNTY ANIMAL CONTROL DrMRLOCAL COOPERATION AGREEMENT DENTON COUNTY CITY OF DENTON DENCOIN WPD AUGUST 14 1996 COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of County's employees, and agents, County's subcontractors, and/or contract laborers doing work under an agreement or contract with COUNTY in performance of this agreement with CITY. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be home by them comparatively in accordance with the laws of the State of Texas This paragraph shall not be construed as a waiver by either party of any defenses available to it under 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 III The fact that COUNTY and CITY 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 makes it imperative that the performance of these vital services be recognized as governmental function and that the doctrine of governmental immunity shall be, and is hereby invoked to the full extent possible under the law Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims ansmg from the exercise of governmental functions IV The term of this Agreement shall be for a period of one (1) year commencing as of October 1, 1996 and ending September 30, 1997 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if the COUNTY and CITY agree in writing on or before the first day of October to be a successive term and the amount of consideration to be paid hereunder for each successive term, provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other V This Agreement represents the entire and integrated agreement between CITY and COUNTY 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 CITY and COUNTY. VI This agreement and any of its terns or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT DENTON COUNTY CITY OF DENTON DENCOIN WPD AUGUST 14 1996 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 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 in duplicate originals this th� of �1 , 199.L DENTON COUNTY CITY OF DENTON By:— By- S"h4�� -- #eff ill leg Jac Iler Denton County Judge Ma r ATTEST. TIM HODGES Denton County Clerk By Deputy County /0 Ikln�,o�`• II It, 1111�U� APPROVED AS TO FORM. Assistant District Attorney ANIMAL. CONTROL INTERLOCAL COOPERATION AGREEMEN DENTON COUNTY - CITY OF DENTON DENCOIN WPD AUGUST 14 1996 ATTEST- ii - APPROVED AS TO FORM. HERB PROUTY City Attorney