1997-021A CORINTH A~74
ORDINANCE NO ctq-Oa/
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ANAGREEMENT 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 is hereby authorized to execute an
Agreement between the Czty of Denton and the Czty of Corinth for
the impoundment and disposition of dogs and cats ("Agreement"), a
true and correct copy of which is attached hereto and incorporated
by reference here~n
SECTION II That the City Council authorizes the collection of
all fees as provzded pursuant to the provzs~ons of said Agreement
~III That th~s ordznance shall become effective zmmed-
lately upon its passage and approval ~
PASSED AND APPROVED th~s the ~day of~, 1997
ATTEST
BY ,~T~9---JENNIFER WALTER~,LA~ 0~ ,~I ~CRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
?
STATE OF TEXAS )
) INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON )
WHEREAS, the City of Denton, Texas and the City of Cormth, Texas, are both
mumc~pal corporations w~th the authority and power to contract, and
WHEREAS, the City of Denton is engaged m the services of holding and d~sposmg of
dogs and cats for the benefit of the cmzens of Denton, and
WHEREAS, the C~ty of Denton ~s the owner of certain vehicles, facflmes and equipment
designed for the transporting, holding and dlsposit~on of dogs and cats and has m ~ts employ
trained personnel whose duties are related to the use of such vehicles and eqmpment, and
WHEREAS, the C~ty of Connth desires to obtain ~mpoundment and d~sposit~on services
for dogs and cats rendered by the City of Denton, and more fully hereafter described, for the
benefit of the residents of the C~ty of Connth, Texas, and
WHEREAS, the provision of ~mpoundment and dlsposttaon of dogs and cats Is a
governmental functton that serves the publtc health and welfare and is of mutual concern to the
contracting paraes, and
WHEREAS, the City of Connth and the C~ty of Denton mutually desire to be subject to
the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and
contract pursuant thereto,
NOW, THEREFORE, the C~ty of Connth and the C~ty of Denton, for the mutual
cons~deratton hereinafter stated, agree as follows
I
A COVENANTS OF THE CITY OF DENTON
1 Holdm~ of Dogs and Cats The C~ty of Denton agrees to accept and hold dogs
and cat~ lawfully ~mpounded by authorized representatives of the City of Connth
and to accept and hold dogs and cats brought to and released to the Center from
residents of the incorporated areas of the C~ty of Connth under the following
terms and cond~ttons
Page I of 5
(a) Holding Period for Dogs and Cats The City of Denton agrees to hold
such dogs and cats for a per~od of mnety-six (96) hours from the Ume they
are accepted by the Animal Control Center, unless such animal is released
to the Center by the animal's owner, m order to allow the owners of the
impounded animal a reasonable amount of Ume to reclaim the ~mpounded
animal If the animal is not reclaimed within the nmety-s~x (96) hour
period, the ownersl~p of the animal shall revert to the City of Denton and
the animal will be held for adopUon or humanely destroyed Animals will
be humanely destroyed or placed for adopUon at the discretaon of the
Ammal Control Supervisor
(b) Holdm~ Fees for Ira_hO. haled Dogs and Cats For the purpose of flus
Agreen~ent, the City of Denton will charge six dollars ($6 00) per day
holding fee for each day that an ammal is held at the Center This fee
will be assessed ag~unst the owner of the animal at the ume the ammal is
reclaimed NO ammal will be released unUl all apphcable fees are pa~d in
full
(c) Holding of Ouarantmed Ammals The City of Denton agrees to accept
and hold rabid suspects in quaranUne for the City of Corinth when
condiUons permit, and such acUon is authorized by a representaUve of the
City of Corinth
(d) Holdm~ Fees for _Ouarantmed Ammals The holding fee for quarantmed
ammal~ shall be seven dollars ($7 00) per day for each day that the animal
is held
(e) Head Slupmo~mn and Rabms Testmlt Upon request of the City of Corinth,
the C~ty of Denton will provide for the removal and shipment of the heads
of rabid suspects for clm~cai rabies testing at the Texas Department of
Health The fee for this service shall be thru'y-five dollars ($35 00) for
each head shipped
B COVENANTS OF THE CITY OF CORINTH
1 ~ In order to reimburse the City of Denton for its costs
incurred under flus Agreement, the City of Cormth agrees to pay for the holchng
fees and euthanasia fees on all dogs and cats received from the incorporated areas
of the City of Connth or its anthonzed agent if the ammal(s) is not reclaimed by
its owner These fees will be assessed on the following basis
Page 2 of 5
(a) Euthamzed Ammal
$6 00 per day hol6hng fee for four
(4) days for each ammal $24 00
$15 00 Euthanasia Fee $15.00
Total Fee $39 00
(b) Adopted Ammal
$6 00 per day holding fee for four
(4) days for each animal $24 00
(c) Head Shipments $35 00
2 The C~ty of Denton w~ll collect ~mpound fees from the owners of dogs and cats
received from the incorporated areas of the City of Connth Impound fee momes
will be applied to fees owed the Ctty of Denton by the C~ty of Corinth for
animals not recl~umed by the owner
1st Impoundment - $20 00
2nd Impoundment - $30 00
3rd Impoundment - $45 00
4th Impoundment - $67 00
3 The C~ty of Corinth agrees payment shall be made within forty-five days (45)
days of receipt of invoice by the City of Corinth
II
The C~ty of Denton agrees to and accepts full responsibility for the acts, negligence,
and/or ormssions of all of the C~ty of Denton's employees, and agents, the C~ty of Denton's
subcontractors, and/or contract laborers domg work under a contract or agreement w~th the C~ty
of Denton m performance of th~s agreement with sa~d C~ty of Denton The C~ty of Connth
agrees to and accepts full responsibility for the acts, negligence, and/or onuss~ons of all of the
C~ty of Connth's employees, and agents, the C~ty of Connth's subcontractors, and/or contract
laborers doing work under an agreement or contract with the City of Connth m performance of
tlus agreement w~th the C~ty of Denton It ~s further agreed that ~f claim or lmbthty shall arise
from the joint or concurring negligence of both paraes hereto, ~t shall be borne by them
comparatively m accordance w~th the laws of the State of Texas It ~s understood that it Is not
the mtent~on of the pames hereto to create lmbll~ty for the benefit of third paraes, but that th~s
agreement shall be for the benefit of the pames hereto
Page 3 of 5
III
The fact that the City of Corinth and the City of Denton accept certain responsiblht~es
relaUng to the collecUon and impounding of dogs and cats under this agreement as a part of their
responsibility for providmg protecuon for the public health and welfare and, therefore, makes
it lmperatave that the performance of these vital services be recognized as a governmental
funcuon and that the doctnne of governmental immunity shall be, and it is hereby invoked to the
full extent possible under the law Neither the City of Denton nor the City of Corinth waaves
or shall be deemed hereby to waive, any immunity or defence that would otherwise be available
to it against claims ansmg from the exercise of governmental funcUons
IV
The term of the agreement shall commence as of February 1, 1997 and end January 31, 1998
Thereafter, this agreement shall be renewed for successive adthUonal one (1) year terms
commencmg on February 1 of each year if the City of Connth and the City of Denton agree m
writing on or before the first day of February to a successive term and the amount of
consideration to be paid hereunder for each successive term, provided, however, either party may
terrmnate tlus agreement, upon thu'ty (30) days written noUce to the other
V
This Agreement represents the entare and integrated agreement between the City of
Denton and the City of Corinth and supersedes all prior negottataons, representaUons and/or
agreements, either written or oral Tlus Agreement may be amended only by written instrument
signed by both the City of Denton and the City of Corinth
VI
Tlus Agreement and any of its terms or prov~sions, as well as the rights and duUes of the
pames hereto, shall be governed by the laws of the State of Texas
VII
In the event that any porUon of this agreement shall be found to be contrary to law, it ~s
the intent of the pames hereto that the remaunng pomons shall remain valid and m full force and
effect to the extent possible
Page 4 of 5
VIII
The undersigned officer and/or agents of the parUes hereto are the properly authorized
officmls and have the necessary authority to execute thru Agreement on behalf of the pames
hereto, and each party hereby cerUfies to the other that any necessary resoluUons extending sa~d
anthonty have been duly passed and are now m full force and effect
EXECUTED tn duphcate originals th~s the ~//q' day of ~~-,
1997
CITY OF DENTON
ATTEST
J~IF~R-~ALTERS, C"'i~Y SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L. PR~JTY
CITY ATTORNEY
CITY OF CORINTH, TEXAS
sHffiLEY SPJ[L--L~RBERG, MA;/OR ' 7
ATTEST
I~ISTIN GRAIODGER, CItY'SECRETARY
APPROVED AS TO LEGAL FORM
ATTORNEY FOR THE CITY OF CORINTH
BY
Page 5 of 5