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Home My WebLink AboutR90-0292936L RESOLUTION NO. ~~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the County of Denton for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective mediately upon its passage and approval. /'% PASSED AND APPROVED this the/~'day of __, 1990. ATTEST: JENNIFER WALTERS, CITY SECRETARY U LEGAL FORM'APPR~J~D AS TO DEBRA ADAMI DRAYOVlTCH, CITY ATTORNEY VIC BURGESS August 16, 1990 COUNTY JUDGE Ms. Jennifer Walters City Secretary city of Denton 215 East McKlnney Denton, Texas 76201 Re: Interlocal Cooperation Agreement for Animal Control Services Dear Ms. Walters- Enclosed please f~nd a copy of the above agreement which was approved by Commissioners Court on August 13, 1990. S~ely yours, Enc. VB gb denton\wa[ ters Ltr COUNTY COURT OF DENTON COUNTY * COURTHOUSE ON THE SQUARE 1 lOW HICKORY · DENTON TEXAS 76201 · (817) 383 0298 · 1 800 346 3189 ORIGINAL TH5 STATE OF TEXAS INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON This Agreement is made and entered by and between Denton County, a politlca] subdivision of the State of Texas, hereinafter referred to as "County", and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as 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 Dentonl County, and WHEREAS, CITY is a home rule municipal corporation, duly orqantzed and operating under the laws of the State of Texas and as en~aged in the services of ho/ding and disposing of dogs'andcatsforthebenefitofthecitizensofDenton, and WHEREAS, CITY is the owner of certain vehicles, fac/l/ties and equipment designed for the transporting, ho/ding and disposition of dog,s and cats and has in its employ trained personnel whose duties, are related to the use of such vehicles and equipment, and WHEREAS COUNTY desires to obtain impoundment and disposlt~on services for dogs and cats rendered by CITY, as more fullyhereafterdescribed, for the benefit of the residents of Denton County, Texas, and W~EREAS, the provision of Impoundment and disposition of dogsandca%s is a governmental function that serves the public health and welfare and is of mutual concern to the contracting part,es, and WHEREAS COUNTY and CITY mutually desire to be sub3ect to the provisions of Tex Rev Civ Stat Art 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto, NOW, TNEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows I A COVENANTS OF THE CITY 1 Hgl~l~g_of Dogs and Cats The CITY agrees to acceptandholddogsandcatslawfullyimpoundedbyauthoriTed representatives of 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 a) Holding ~Pertod_f_9~__D_p_qg.~_.~ _ 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 owner~ 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 w~ll be held for adoption or humanely destroyed Animals w/l] be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor b) Holding Fees for I~pounded Dogf For the purposes of this Agreement, CITY will charge Six Dollars ($6 00) per day holding fee for each day that an animal is held at the Center This fee will be assessed against the owner of the animal at the time the animal is released to, or reclaimed from, the Center No animal will be accepted, or released, until all applicable fees are paid ~n full by the owner. c) Hold%ng_9~._Q~arantined Animals CITY agrees to accept and hold rabid suspects in quarantane for COUNTY when conditions permit, and such action is authorized by a representative of COUNTY. d) Holding. Fees for guarantined Animals The holding fee for quarantined animals shall be Seven Dollars (97 00) per day for each day that the animal is held e) Head Shipments and Rabies Tes~_n~ Upon request of COUNTY, CITY will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health The fee for this service shall be Thirty-five Dollars ($S5 00) for each head shipped. f) 6~c__eptance of Dog9 and Ca~_Fro~__Ow~gr~ CITY agrees to accept dogs and cats from residents of the unincorporated areas of COUNTY Upon acceptance of privately owned an%mai(s), CITY will charge owner for any holding or euthanasia fees Fees for Animal Owners CITY agrees to charge residents of unincorporated areas of COUNTY, fees equivalent those granted to COUNTY B COVENANTS OF COUNTY 1. Financial Resp. qn~__i~I In order to reimburse the CITY for its costs incurred under this Agreement, County agrees to pay for the holding and euthanasia fees on all dogs and cats received from authorized representatives of COUNTY, if the anlma] is not reclaimed by it's owner. COUNTY additionally agrees to pay for te~ting and shipping of suspected rabid dogs or cats received from tlhe authorized COUNTY representative, or at his direction, from a suspect animal's owner. These fees will be assessed on the following basis a) Euthanized Animal SS O0 per day holding fee for four (4) days for each animal $24 00 7 O0 Euthanasia Fee $ 7 O0 Total Fee 851.O0 b) Adopted Animal 6.00 per day holding fee for four 4) days for each animal $24 O0 c) Head Shipments $35 O0 2 COUNTY agrees payment shall be made within forty-five 45) days of receipt of invoice by the COUNTY CITY agrees to and accepts full responsibility for the acts, neglig~nce, and/or omissions of all of CITY'~ employees, and agents, CITY'S subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreemgnt with said CITY COUNTY agrees to and accepts fSll responsibility for the acts, negligence, and/or omissions of all of couNTY'S employees, and agents, COUNTY'S subcohtractor~, and/or contract laborers doing ~ork 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 concurrinq negligence of both parties hereto, it shall be borne by them c~mparattvely 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 responsibilities relatinq to the collection and impoundinq of dogs and ca~s under this agreement as a part of their responsibility for provid~ng protection for the public health and welfare and, therefore, mak~e~ it imperative that the performance of these vita/ 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 CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense tha~ would otherwise be available to it against claims aris/ng from the exercise of governmental functions The term of this Agreement shall be for a period of one (1) year commencing as of October 1, 1989 and ending September 30, 1990 Thereafter, this Agreement shall be renewed for successive addltienal one (~) year terms commencing on October ~ 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, eitherlparty 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 wratten ~nstrument signed by both CITY a~d 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. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the p~rtles hereto that the remaining portions ~hall remain va/id 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 cert~fies to the other that any necessary r~soSutions extending said authority have been duly passedland are now in full force and effect Executed in duplicate originals this the _~ay of MAYOR ATTEST APPROVED AS TO LEGAL FORM' COUNTY OF DENTON APPROVED BY DH~rfON COUNTY ATTEST 8-13-90 A~TORN~Y FOR DENTON OOUNTY