Loading...
HomeMy WebLinkAbout1987-0551734L NO S?-OSS AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and Denton County for impoundment and disposition services for dogs and cats, a copy of which is attached hereto and incorporated by reference herein SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this thep�LL/I T4'�day of 1987 G+� RAY ST S, M YOR CITY 0 DENTON, TEXAS ATTEST, JE A TER AC I G C Y SECRETARY CIT OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS US I / - 1734L THE STATE OF TEXAS I INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON i This Agreement is made and entered by and between Denton County, a political subdivision of the State of Texas, herein- after referred to as "COUNTY", and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as "CITY". WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of County Government and related services for the benefit of the citizens of Denton County, and WHEREAS, CITY is a home rule municipal corporation, duly organized and operating under the laws of the State of Texas and 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 and equipment designed for the sition of dogs and cats and has whose duties are related to equipment, and of certain vehicles, facilities transporting, holding and dispo- in its employ trained personnel the use of such vehicles and WHEREAS, COUNTY desires to obtain impoundment and disposition services for dogs and cats rendered by CITY, as more fully hereafter described, for the benefit of the residents of Denton County, 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 WHERbAS, COUNTY and CITY mutually desire to be subject to the provisions of Tex Rev. Civ Stat Art 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, COUNTY and CITY, for the mutual consideration here- inafter stated, agree as follows I A COVENANTS OF THE CITY. 1 Holdin of Doand Cats The CITY agrees to accept and hold ogs an catss aw ully impounded by authorized repre- sentatives of COUNTY and to accept and hold dogs and cats brought to and released to the Center from residents of the unincorpo- rated areas of COUNTY under the following terms and conditions (a) Holding Period for Dogs and Cats The CITY agrees to old S u Ch 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 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 Do s For the purposes 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 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) Hold1n9 of Quarantined Animals CITY agrees to accept an o �d 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 quarantine an ma s shall be Seven Dollars ($7 00) per day for each day that the animal is held (e) Head Shi ments and Rabies Testing Upon request of COUNT , w 1 provide for t e removal and ship- ment 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 ($3S 00) for each head shipped B COVENANTS OF COUNTY 1 Financial Res onsibilit In order to reimburse the CITY for its costs incur red e under this Agreement, County agrees to pay for the holding fees and euthanasia fees on all dogs and cats received from the unincorporated areas of COUNTY 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 (a) huthanized Animal $6.00 per day holding fee for four (4) days for each animal $24 00 $7 00 Euthanasia Fee $ 7 00 Total Fee (b) Adopted Animal $31 00 $6 00 per day holding fee for four (4) days for each animal $24 00 (c) Head Shipments $35 00 2 COUNTY agrees payment shall be made within forty-five (45) days of receipt of invoice by the 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 CITY 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 small 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 III The fact that the COUNTY and CITY accept certain responsi- bilities 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 PAGE 3 the doctrine of governmental immunity shall be, and it 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, 1986 and ending September 30, 1987 Thereafter, this Agreement shall be renewed for succes- sive 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 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 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 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 PAGE 4 Executed in ATTEST duplicate originals this thday of 1987 CITY OF DENTON R ING+C Y SECRETARY APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH CITY ATTORNEY � .is //�._� ATTEST BY RAY 89EPHENS, MAYOR COUNTY OF DENTON BY ll,,f' � JU GE BY ✓ry��q ylQ�{�J`//��/ ��yq��(n/\\JJ COUNTY CLERKAPPROVED AS TO LEGAL FORM 77Fc ATTORNEY FOR DENTON COUNTY BY PAGE 5