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HomeMy WebLinkAbout1995-006EAWPDOCS\ORD\ANIM.CTY ORDINANCE NO. 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 ("Agreement"), a 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 immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. F� BOB CASTLEBERRY, MA R ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: c AAAOOF56 THE STATE OF TEXAS § COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT § WHEREAS, the City of Denton, Texas and the County of Denton, Texas, are both local governments with the authority and power to contract; and WHEREAS, the City of Denton is engaged in the services of hold- ing 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 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, the County of Denton 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, the County of Denton and the City of Denton mutually desire to be subject to the provisions of Tex. Gov't Code, chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; NOW, THEREFORE, the County of Denton and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: I. A. COVENANTS OF THE CITY OF DENTON 1. Holding of Dogs and Cats The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the County of Denton and to accept and hold dogs and cats brought to and released to the Center from residents of the unincorporated areas of the County of Denton under the following terms and conditions: PAGE 1 (a) Holding Period for Dogs and Cats 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 dis- cretion 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. In determining the meaning of the term "animal", as used herein, 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 assess- ment 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. (c) Holding of Ouarantined Animals The City of Denton agrees to accept and hold rabid suspects in quarantine for the County of Denton when conditions permit, and such action is author- ized by a representative of the County of Denton. (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 County of Denton, the City of Denton will provide for the removal and ship- ment of the heads of rabid suspects for clini- cal rabies testing at the Texas Department of Health. The fee for this service shall be Thirty-five Dollars ($35.00) for each head shipped. PAGE 2 B. 2. The City of Denton agrees to request residence information from a person bringing or releasing animals to the Center in order to verify their 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 acknowledgement of their residence being in the unincorporated area of Denton County. COVENANTS OF THE COUNTY OF DENTON 1. Financial Responsibility. In order to reimburse the City of Denton for its costs incurred under this Agreement, the County of Denton agrees to pay for the holding fees and euthanasia fees on dogs and cats received from the unincorporated areas of the County of Denton or its authorized agent if the animal(s) is not reclaimed by its owner. These fees will be assessed on the following basis: (a) Euthanized Animal $6.00 per day holding fee for each animal as determined herein $15.00 Euthanasia Fee (b) Adopted Animal $6.00 per day holding fee for each animal as determined herein (c) Head Shipments -- $35.00 Shipment fee 2. The City of Denton will collect impound fees duly authorized by the County of Denton and as specified in this paragraph from the owners of dogs and cats received from the unincorporated areas of the County of Denton. Impound fee monies will be applied to fees owed the City of Denton by the County of Denton for animals not reclaimed by the owner. IMPOUND FEE 1st Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 PAGE 3 3. The County of Denton agrees payment shall be made within forty-five (45) days of receipt of invoice by the County of Denton. 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 subcon- tractors, 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 County of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the County of Denton's employees, and agents, the County of Denton's subcontractors, and/or contract laborers doing work under an agreement or contract with the County of Denton 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. 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. The fact that the County of Denton 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 County of Denton waives or shall be deemed hereby to waive, any immunity or defense that would other- wise be available to it against claims arising from the exercise of governmental functions. IV. The term of this Agreement shall be for a period of one (1) year commencing as of December 1, 1994 and ending December 1, 1995. Thereafter, this Agreement shall be renewed for successive addi- tional one (1) year terms commencing on October 1 of each year if the County of Denton and the City of Denton agree in writing on or PAGE 4 before the first day of October 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. V. This Agreement represents the entire and integrated agreement between the City of Denton and the County of Denton 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 County of Denton. VI. This 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. 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. CUTED in duplicate Q i als this the �day of CITY OF DENTON BY: BOB CASTLEBERRY, MAY PAGE 5 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO D AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ATTEST: B Y : �-ti c a a-i Aao9 APPROVED AS TO LEGAL FORM: BY: , V AAAOOF56 COUNTY OF DENTON, TEXAS BY: PAGE 6