1998-126 ORDINANCE NO ~-/~ ¢
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
s__E_C,_TLQ]S~ That the Mayor, or in bas absence the Mayor Pro Tem, is hereby
authorized to execute an Agreement between the City of Denton and the City of Connth for the
impoundment and disposition of dogs and cats, a copy of wbach is attached hereto as Exlnblt "A"
and incorporated by reference herein
SECTION II. That the City Council anthonzes the collection of all fees as provided
pursuant to the provisions of said Agreement
~ That this ordmance shall become effective lmme&ately upon its passage
and approval
PASSED AND APPROVED this the ~.~day of ~/~/ ,19~2~
JAC~I~LLER, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
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THE STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
Th~s agreement made and entered into by and between the City of Denton, Texas, acting
herein by and through its Mayor, duly anthonzed by resolution of the City Council of smd City,
(hereinafter called DENTON) and the City of Connth, Texas, acting herein by and through its
Mayor, duly anthonzed by resolution of the City Council of smd 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 faciht~es and equipment designed for the
hokhng and disposition of dogs and cats and has in its employ trained personnel whose duties are
related to the use of such faclhtlas and eqmpment, and
WHEREAS, CORINTH desires to obtmn impoundment and (hsposmon 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 Connth, and
WHEREAS, the prowslon 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 COKINTH 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 authonty to perform the services
set forth in the Agreement individually in accordance w~th the Texas Government Code
§791 011(c)(2), and
WHEREAS, CORINTH will make all payments for services out of current avmlable
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
hereinafter stated, agree as follows
A Covenants of DENTON
I Holchn,, of Does and Cats. DENTON agrees to accept and hold dogs and cats
lawfully tmpounded by authorized representatives of CORIN rH under the follovang terms and
conditions
a l-Inlrhng period for Does and Cats. DENTON agrees to hold such dogs
and cats for a period of mnety-s~x (96) hours from the time they are accepted by
the Ammal Control Center m order to allow the owners of the ~mpounded ammal
a reasonable mount of t~me to reclmm the Impounded ammal If the ammal ~s
not reclmmed vathm the mnety-s~x hour period, the ownership of the ammal shall
revert to DENTON and the ammal will be held for adoption or humanely
destroyed Annnals will be humanely destroyed at the d~scret~on of the Health
Services Manager
b Holrhn~ Fees for Imnounded Does. For the purpose of this Agreement,
DENTON vall~charge S~x Dollars ($6 00) per day holding fee for each day that an
ammal ~s held at the Center In detenurmng the meanmg of the term "annnal", as
used here~n, it ~s agreed that a pregnant ammal which has ~ts htter while being
held, or an ammal which ~s nursing ~ts htter and ~s being kept m the same cage,
vall be considered one animal for the assessment of charges provided for ~n tins
Agreement Tins fee will be assessed agmnst the owner of the ammal at the time
the ammal ~s reclanned No annual vail be released until all apphcable fees are
pard ur full
c Holdmo of Ouarant~ned Ammals. DENTON agrees to accept and hold
rahid suspects m quarantine for CORINTH when cond~ttons permit, and such
acuon ~s authorized by a representative of CORINTH
d ~oldm~ Fees for Ouarantmed Ammals The holding fee for quaranOned
ammals shall be Seven Dollars ($7 00) per day for each day that the ammal ~s
held
e Head Sbmments and Rabies Testing. Upon request of CORINTH,
DENTON will prowde for the removal and slupment of the heads of rahid
suspects for chmcal raines testing at the Texas Department of Health The fee for
tins service shall be Thirty-F~ve Dollars ($35 00) for each head shipped
B Covenants of CORINTH
1 Furancml Responsthflttv. In order to reimburse DENTON for ~ts costs
recurred under this Agreement, CORINTH agrees to pay for holding and euthanasia fees on dogs
and cats recexved from the Incorporated areas of the Cay of Connth or ~ts authorized agent ~f an
animal ~s not reclmmed by ~ts owner Fees will be assessed on the follovang basxs
City of Connth - Interlocal CooperaOon Agreement - Page 2
a Euthanized Animal:
$6 00 per day holchng fee for each ammal as determined hereto plus
$15 00 Euthenasla Fee
b Adopted Animal:
$6 00 per day holding fee for each ammal as determined hereto
c Head Shipments:
$35 O0 Slupment fee
2 DENTON will collect unpound fees duly authorized by CORINTH and as
specffied in fins paragraph from the owners of dogs and cats received from the unincorporated
areas of CORINTH Impound fee momes will be apphed to fees owed DENTON by CORINTH
for ammals not reclaimed by the owner
1~t Impoundment $20 00
2nd Impoundment $30 00
3~ Impoundment $45 00
4th Impoundment $67 00
3 CORINTH agrees payment shall be made Wltlun forty-five (45) days of receipt of
mvome by CORINTH
DENTON agrees to and accepts full responsibility for the acts, neghgence, and/or
omxssmns of all DENTON's employees, and agents, DENTON's subcontractors, and/or contract
laborers doing work under a contract or agreement w~th DENTON m performance of tlus
agreement w~th CORINTH
CORINTH agrees to and accepts full respons~bdxty for the acts, neghgence, and/or
omissions of all CORINTH's employees, and agents, CORINTH's subcontractors, and
or/contract laborers doing work under an agreement or contract w:th CORINTH m performance
ofttus ag~ement w~th DENTON
It xs further agreed that ff cl~um or habflxty shall arise from the joint or concurnng
neghgence of both part, es hereto, ~t shall be borne by them comparatively m accordance w~th
the laws of the State of Texas This paragraph shall not be construed as a wmver by e~ther party
of any defenses avatlable to xt under the laws of the State of Texas It ~s understood that xt xs not
City of Connth - Interlocal Cooperation Agreement - Page 3
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 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 doctnne
of governmental lmmumty 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 wmve, any
lmmumty or defense that would otherwise be avmlable to it agasnst claims arising from the
exemlse of governmental functions
Section IV
The term of this Agreement shall be for a period of one (1) year commencing as of
February 1, 1998 and ending January 31, 1999 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 mount of consideration to be p/ud 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 emended only by written instrument signed by both
DENTON and CORINTH
This Agreement and any of its terms or provisions, as well as the rights and duties of the
partaes 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 remmmng portions shall remain valid and in full force and
effect to the extent possible
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
cxty of Corinth - Interlocal Cooperatmn Agreement - Page 4
EXECUTED in duphcate originals on thts the /~/~ day of /'~ ,19~
CITY OF 'DENTON CITY OF COR1NTH
JACK MIL/I~, MAYOR ""-'~ or]."~'l~'-I~?"
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ATTEST ATTEffI' ,.- ·
JENNIFER WALTERS, CITY SECRETARY~,
CITY S ECRE~rAR¥ .... --
APPROVED AS TO LEGAR FORM APPROVED AS TO FORM
HERBERT L PROUTY, CITY ATTORNEY CITY ATTORNEY
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C~ty of Corinth - Interlocal Cooperation Agreement - Page 5