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HomeMy WebLinkAbout1999-114ORDINANCE NO q Q —1 l T AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH 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, or in his absence, the Mayor Pro Tem, is hereby authorized to execute an Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats, 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 SSECTION III. That this ordinance shall become effective immediately upon its passage and approval LA PASSED AND APPROVED this the 7= day of 1999 11 v0�- JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY A4— AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY, ATTORNEY P �hvedtdeptU MOM Dmc ft\OrdinmemMco th mtmel control d% THE STATE OF TEXAS COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT 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 DENTON) and the City of Corinth, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City (hereinafter called CORINTH) WHEREAS, DENTON and CORINTH are both local governments with authority and power to contact, and WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton, and WHEREAS, 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, CORINTH 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 City of Corinth, 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, DENTON and CORINTH mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, and WHEREAS, both DENTON and CORINTH have the authority to perform the services set forth in the Agreement individually in accordance with the Texas Government Code §791 011(c)(2), and WHEREAS, CORINTH will make all payments for services out of current available revenues and DENTON agrees that the payments made by CORINTH hereunder will fairly compensate it for the services performed, NOW, THEREFORE, DENTON and CORINTH for the mutual consideration he, emafter stated, agree as follows Secdon 1. A Covenants of DENTON 1 Holdingof f Dogs and Cats DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of CORINTH under the following terms and conditions a Holding period for Dogs and Cats DENTON 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 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 ownerslup of the ammal shall revert to DENTON and the ammal will be held for adoption or humanely destroyed Animals will be humanely destroyed at the discretion of the Health Services Manager b Holding Fees for Impounded Dogs For the purpose of this Agreement, 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 ammal 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 Ouarantined Animals DENTON agrees to accept and hold rabid suspects in quarantine for CORINTH when conditions permit, and such action is authorized by a representative of CORINTH 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 CORINTH, DENTON 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 B Covenants of CORINTH 1 Financi rl Responsibility. In order to reimburse DENTON for its costs incurred under this Agreement, CORINTH agrees to pay for holding and euthanasia. fees on dogs and cats received from the incorporated areas of the City of Corinth or its authorized agent if an animal is not reclaimed by its owner Fees will be assessed on the following basis City of Corinth — Interlocal Cooperation Agreement — Page 2 Euthanized Animal: $6 00 per day holding fee for each animal as determined herein plus $15 00 Euthanasia Fee Adopted Animal: $6 00 per day holding fee for each animal as determined herein Head Shipments: $35 00 Shipment fee 2 DENTON will collect impound fees duly authorized by CORINTH and as specified in this paragraph from the owners of dogs and cats received from the unincorporated areas of CORINTH Impound fee momes will be applied to fees owed DENTON by CORINTH for animals not reclaimed by the owner h� • • 1�1a 1st Impoundment $20 00 2"d Impoundment $30 00 Yd Impoundment $45 00 4`h Impoundment $67 00 3 CORINTH agrees payment shall be made within forty-five (45) days of receipt of invoice by CORINTH Section II• DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all DENTON's employees, and agents, DENTON's subcontractors, and/or contract laborers doing work under a contract or agreement with DENTON in performance of this agreement with CORINTH CORINTH agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all CORINTH's employees, and agents, CORINTH's subcontractors, and or/contract laborers doing work under an agreement or contract with CORINTH in performance of this agreement with DENTON It is further agreed that if claim or liability shall anse from the joint or concurring negligence of bodi parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas Thv. paragraph shall not be construed as a v� aiver by either par y of any defenses available to it under the laws of the State of Texas It is understood that it is not City of Corinth — Interlocal Cooperation Agreement — Page 3 the intention of the parties hereto to create liability for the benefit of tlurd parties, but that this agreement shall be for the benefit of the parties hereto The fact that DENTON and CORINTH 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 DENTON nor CORINTH 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 Section IV. The term of this Agreement shall be for a period of one (1) year commencing as of February 1, 1999 and ending January 31, 2000 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on February 1st of each year if DENTON and CORINTH agree in writing on or before the first day of February 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 This Agreement represents the entire and integrated agreement between DENTON and CORINTH 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 DENTON and CORINTH Section 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 Section 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 The undersigned officer and/or agents of the parties hereto -re the properly authorized officials and have the necessary authority to execu P this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary re,.olutions extending said authority have been duly passed and are now in full force and effect City of Corinth — Interlocal Cooperation Agreement — Page 4 EXECUTED in duplicate onginals on this the day of CITY OF DENTON CITY OF CORINTH BY ` JACK MIL , MAYOR ATTEST JENNIFER WALTERS, CITY SECRETA BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BY'`7� T••• ARY APPROVED AS TO FORM CITY ATTORNEY m F \shared\dept\LGL\Our Documents\Contracts\99\Connth Animal Control doe City of Corinth — Interlocal Cooperation Agreement — Page 5 19