Loading...
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