HomeMy WebLinkAbout1994-052ORDINANCE NO. q
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 ^ �d day of _1 , 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: IL I�CXIG�CX�Lo
APP?OVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: // r
STATE OF TEXAS, )(
INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON. )(
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 the
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:
I.
A. COVENANTS OF CITY:
1. 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
ANIMAL CONTROL• INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY •CITY OF DENTON
11
of COUNTY under the following terms and conditions:
(a). Holding Period for Dogs and Cats. The CITY 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 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 Animal Control Supervisor.
(b). Holding Fees for Impounded Dogs. 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 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
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.
(c). 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.
(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
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.
2. 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
ANIMAL CONTROL- INTERI.00AL COOPERATION AGREEMENT
DENTON COUNTY -CITY OF DENTON
(b). The person's written acknowledgement of their
residence being in the unincorporated area of Denton
County.
B. COVENANTS OF COUNTY:
1. Financial Responsibility. 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:
(a). 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
(c). Head Shipments:
$35.00 - Shipment fee
2. 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.
IMPOUND FEE
1st Impoundment
- $20.00
2nd Impoundment
- $30.00
3rd Impoundment
- $45.00
4th Impoundment
- $67.00
3. 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• INTERLOCAL COOPERATION AGREENIENT
DENTON COUNTY -CITY OF DENTON
3
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 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 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 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 October 1, 1993 and ending September 30,
1994. 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.
ANIMAL CONTROL- INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY - CITY OF DENTON
4
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.
ANIMAL CONTROL• INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY •CITY OF DENTON
5
Exe
199 ted in duplicate originals this the w of
199f.
DENTON COUNTY
by:
JefT Moseley
Denton County Judge
ATTEST:
TIM HODGES
Denton County Clerk
by:
Deputy County Clerk
APPROVED AS TO FORM:
Assistant District Attorney
ANIMAL CONTROL- INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY - CITY OF DENTON
CITY OF DENTON
by:
Bob
May
APPROVED AS TO FORM:
DEBRA A. DRAYOVITCH
City Attorney
City Attorney
E
*12-C
s
DENTON COUNTY
COMMISSIONERS COURT
February 22 19 94
Month Day Year /
Court Order Number. 1-/ -y 3 7
Present
County Judge Jeff Moseley
Absent _
present Present
Commissioner Pct No l Commissioner Pct No 2
Kirk Wilson Sandy Jacob
Absent Absent
Prevent Present
Commissioner Pct No 3 Commissioner Pct No 4
Scott Armey Don Hill
Absent _ Absent _
THE ORDER:
Approve Tnterlocal Cooperation Agreement
with the City of Denton for Animal control.
Motion made by Seconded by _
Yes -�,-
County Judge jiff Moseley
.No
Yes /
Commissioner Pet No l Commissioner Pct No 2
Kirk Wilson Sandy Jacobs
No
Yes /
Commissioner Pct No J
Scott Armey
Commissioner Pct No 4
Don Hill
Yes✓
No
Yes
No _ No
MOTION CARRIED
BY ORDER OF THE COMMISSIONERS COURT ATTEST:
.......Tim Hodges, County Clerk
V and Ex-0fficio Clerk of the
d J male yr Presiding Officer _ ": r ��.Commiisionen Court of
/V/ t \Denfot4Counryr Texas
e �t,,,•, ] _ ( ,ter
PRO ED AS TO FORM: !!�//Vvv...'�+,
�leGt/ ia:. "e'•.,,„. BY: i(_G-�q� ✓�d'(,�'G�
Assistant District Attorney
1 qft
w