1996-064A CORINTH A~M
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
SECTION I That the Mayor is hereby authorzzed to execute an
Agreement between the City of Denton and the City of Corinth for
the impoundment and disposition of dogs and cats ("Agreement"), a
true and correct copy of which ~s attached hereto and incorporated
by reference herein
~ That the City Council authorizes the collection of
all fees as provided pursuant to the provisions of said Agreement
SECTION III That this ordinance shall become effective ~mmed-
lately upon its passage and approval
PASSED AND APPROVED this the /~ day of~ ~, 1996
BO~ CASTL~BERRY, ~Y~ ~
/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FO
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS
) INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON
WHEREAS, the City of Denton, Texas and the City ,of Corinth,
Texas, ars both municipal corporations with the au~nori=y and power
to contract; and
WHEREAS, the City of Den=on is engaged in the services of
holding and disposing of dogs and cats for the benefit of the
citizens of Denton; and
WHEREAS, the City of Denton is the owner of certain vehicles,
facilities and equipment designed for the transporting, holding and
disposition of dogs and cats and has in its employ trained
personnel whose duties are related to the use of such vehicles and
equipment ~ and
WHEREAS, the City of Corinth desires to obtain impounchaent and
disposition services for dogs and cats rendered b~ the City of
Denton, and ~ore fully hereafter described, for the benefit of the
residents of the City of Corinth, Texas~ and
WHEREAS, the provision of impound~ent 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 partiss~
end
WHEREAS, the City of Corinth and the City of Denton mutually
desire to be subject to the provisions of Texas Goverr~ent Code,
Chapter 791, the Interlooal Cooperation Act and contract pursuant
thereto ~
NOW, THEREFORE, the City of Corinth and the City of Denton,
for the mutual consideration hereinafter stated, agree as follows:
A. COVENANTS OF THE CITY OF DENTON
1. ~oldino of Do~s and Cats: The City of Denton agrees to
accept and holc~ doge and cats lawfully impounded by
authorized representatives of the City of Corinth and to
accept and hold dogs and cats brought to end released to
the Center from residents of the incorporated areas of
the City of Corinth under the following terms and
conditions:
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(a) Holdina period £or Dog_a and Cat~: The City of
Denton agrees to hold such dogs and oats for a
period of ninety-six (96) hours from the tine they
are accepted by the Animal Control Center, unless
such animal is released to ~he Center by the ani-
· al's o~ner, in order to &llo~ the tamers of the
impounded animal a reasonable a~ount of tl~e to
reclaim the impounded animal. If the animal is not
reclaimed within ~he ninety-six (96) hour period,
the o#nership of the animal shall rever~ to the
City of Denton and the animal will be held for
adoption or homanely destroyed. Animals will be
hmmnely destroyed or placed for adol~cion at the
discretion of the ~ni~al Control Supervisor.
(b) Holdina Fees for Tun.undid ~M~_R-* For the pttrpose
of ~s A~eeMnt, ~e City of ~n elll ~e
six do~ (~6.00) ~r ~y ho~ f~ rot en~
day ~at an ~ml is held at ~e C~r. ~ls f~
will ~ assees~ agai~t ~e ~ or ~e ~inl at
~e tine ~e aniM~ ~s r~la~. No anlMl will
~ releas~ ~til all applio~le fees are ~id in
full.
(c) Holdina of ~mrantinad Animals** The City of Denton
agrees to accept and hold rabid suspects in quaran-
tine for the City of Corinth when conditions per-
mit, and such action is authorized by a representa-
tive of the City of Corinth.
(d) Holding Fees £or Ouarantined Animals** The holding
fee for quarantined animals shall be seven dollars
($7.00) per day for each day that the anise1 is
held.
(e) HeAd .qh4nuA~te and Rabies Teatina~ Upon request of
the City~ of Corinth, the City of Denton will pro-
vide 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 THE CITY OF CORINTH
1. Financial Res~uonsibility** In order to rei~bursethe City
of Denton for its costs incurred under this Agreement,
the City of Corinth egress to pay for the holding fees
and euthanasia fees on all dogs and cats received from
the incorporated areas of the City of Corinth or its
authorized agent if the animal(s) is not reclaimedby its
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owner. These fees will ~e assessed on the following
basis:
(a) Buthanized Animal
$6.00 per day holding fee for four
(4) days for each animal $24.00
$15.00 Euthanasia Fee
Total Fee $39.00
(b) Adopted Animal
$6.00 per day holding fee for four
(4) days for each animal $24.00
(c) Head Shipments $35.00
2. The City of Denton will collect impound fees from the
o~ner8 of dogs and ca~s re~eived from the incorporated
areas of the City of Corinth. X~pound fee monies will be
applied to fees owed the City of Denton by the City of
corinth for animals not reclaimed by the o~ner.
let Tmpoundment - $20.00
2nd Xmpoundment - $30.00
3rd Tmpoundment - $45.00
Cth Tmpoundment - $67.00
3. The city of Corinth agrees payment shall be made within
forty-five days (45) days of receipt of invoice by the
City of Corinth.
TX.
The city of Denton agrees to and accepts full responsibility
for the acts, negligence, and/or omissions of all of the City of
Denton's employees, and agents, the City of Denton'8 subcontrac-
tors, and/or contract laborers doing _work under~ a contrac~ or
a~reement with the City of Denton ~n perEormance o~ this agreement
with said City of Denton. The City of Corinth agrees to and
accepts full responsibility for the acts, ne~ligance, and/or
omissions of all of the City of Corinth's employees, and agents,
doing work under an agreement or. co.n.T~, a.cp. w~_.~n~ ~ne~
in performance of this agreemen~ wx~ the cx~.y .o.~
further agreed that if claim or liability, sn.a-x .erxa.e~
~oint or concurring negligence of both per, xes nere~o, .~ san_AA..~e
borne, by them comparatively in accordance with the xawn az ~ne
~age 3
State of Texas. It is understood that it is not the intention o£
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 City of Corinth and the City of Denton
accept certain responsibilities relating to the collection end
impounding of dogs and oate underthis agreement as apart of their
responsibility for providing protection for the public health and
welfare and, therefore, makes it imparative thattheparformance of
these vithl services be recognized as a govermaental function and
that the doctrine of governmental immunity shall be, and it is
hereby lnvokedtothe full extent po~eibleunderthe law. Neither
the City of Denton nor the City of Corinth waives or shall be
dee~ed hereby to waive, any l~aunity or defenoe t/tat would
otherwise be available to it against claimm arising fro~ the
exercise of goverrmentel functions.
IV.
The term of the agreement shall commence as of February 1, 1996 and
end January 31, 1997. Thereafter, this agreement shall be renewed
for successive additional one (1) year termsoommencingon February
1 of each year if the City of Corinth and the City of Denton agree
in 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 ter~ provided, however, either party may terwinetethis
agreement, upon thirty (30) days written notice to the other.
This Agreement represents the entire and integrated agreement
between the City of Denton and the City of Corinth and supersedes
all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be a~ended only by written
instrument signed by both the City of Denton and the City of
Corinth.
VI.
This Agreement and any of its ter~s or provisions, as well as
the rights and duties of the parties hereto, shall be governed by
the laws of the State of Texas.
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In the event ~hat any portion of ~his agreement shall be found
to be contrary to law, it ia ~he intent of ~he parties hereto ~hat
~he re~aining portions shall re~ain valid and in full force and
effect ItO the ex'bent possible.
~"ne undersigned officer and/or agents of ~he parties hereto
are ~he properly au~oriz~ officials and have
au~ori~y ~o execute ~is A~ee~en~ on ~half o~ ~e ~ies
hereto, and ea~ ~Y here~ ce~ifies ~o ~e o~e~ ~a~ any
necessaU resolu~ions ex~endin~ said au~oriW hav~ ~en duly
~ss~ and a~e n~ in full force ~ effect.
~~ ortgin~ls1996, this ~e ~ay o~
CITY OF D~N
A~RST:
HERBERT L. PROUTY
CITY A~EY
A~EST ~
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