1996-264A \COUNTY ANI
ORDINANCE NO ~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND DENTON COUNTY 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 ms hereby authorzzed to execute an
agreement between the City of Denton and Denton County for the
· mpoundment and d~sposltlon of dogs and cats, a copy of which Ks
attached hereto as Exhibit "A" and incorporated by reference
herein
SECTION II That the City Council authorIzes the collection of
all fees as provided pursuant to the provmslons of said agreement
SECTION III That thls ordmnance shall become effective lmmed-
mately upon its passage and approval
PASSED AND APPROVED thls the /~ day of '-~, 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM ~
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS X
X INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON X
Ttus agreement made and entered nato by and between the C~ty of Denton, Texas, actnag here~n by and
through ~ts Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called CITY)
and the COUNTY of Denton, Texas, acting hereto by and through ~ts County Judge, duly authorized by court
order of the Con'mussmners Court of Denton County, Texas (herenaafter called COUNTY)
WHEREA3, CITY and COUNTY are both local governments wtth authority and power to contract,
and
WHEREAS, CITY ~s engaged m the sennces ofhokhng and disposing of dogs and cats for the benefit
of the C~tlzens of Denton, and
WHEREAS, CITY is the owner of certain faed~t~es and equipment designed for the holding and
d~sposmon of dogs and cats and has ~n its employ tnuned personnel whose duties are related to the use of such
facilities and eqmpment, and
WHEREAS, COUNTY desires to obtmn tmpoundment and d~sposltlon services for dogs and eats
rendered by the City of Denton, as more fully hereatter described, for the benefit of the residents of the County
of Denton, Texas, and
WHEREAS, the provision of~mpotmdment and d~spos~t~on of dogs and cats ~s a governmental function
that serves the pubhc health and welfare and ~s of mutual concern to the contracting parties, and
WHEREAS, COUNTY and CITY mutually desire to be subject to the prows~ons of Texas
Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto,
NOW, THEREFORE, COUNTY and CITY, for the mutual consideration heremal~er stated, agree
as follows
I
A COVENANTS OF CITY.
1 Holding of Dogs and Cats. CITY agrees to accept and hold dogs and cats lawfully
mapounded by anthonzed representatives of the COUNTY and to accept and hold dogs
and cats brought to and released to the Center from residents of the umncorporated
areas of COUNTY under the following terms and conditions
ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY CITY OF DENTON - DENCOIN WPD
AUGUST t4 1996
a Holdtn_~ period for Dogs and Cats. The CITY agrees to hold such dogs and
cats for a period of mnety-stx (96) hours from the time they are accepted by the
Animal Control Center, unless such ammal Is released to the Center by the
ammal's owner, m order to allow the owners of the impounded animal a
reasonable amount of time to reclaim the impounded ammal If the animal IS
not reclaimed wittun the mnety-slx hour period, the ownership of the animal
shall revert to the CITY and the ammal wall be held for adoption or humanely
destroyed Ammals will be humanely destroyed at the discretion of the Ammal
Control Supe~lsor
b Holding Fees for Impounded Dogs. For the purpose of ttus Agreement, CITY
will charge SIX DOLLARS ($6 00) per day holding fee for each day that an
ammal is held at the Center In deternumng the meaning of the term "ammal",
as used hereto, tt ts agreed that a pregnant ammal which has its litter wlule being
held, or an annnal which ts numng its litter and ts being kept tn the same cage,
will be considered one ammal for the assessment of charges provided for in this
Agreement Tlus fee will be assessed against the owner of the ammal at the
time the ammal is reclaimed No ammal will be released until all applicable fees
are paid in full
c Holding of Ouaranttned Ammals. CITY agrees to accept and hold rabid
suspects m quarantine for COUNTY when conditions permit, and such action
is authorized by a representative of COUNTY
d Holdmg Fees for Ouaranttned Animals. The holdmg fee for quarantmed
ammals shall be SEVEN DOLLARS ($7 00) per day for each day that the
ammal is held
e Head Sl~pments and Rabies Testing. Upon request of COIJNTY, CITY will
provide for the removal and slupment of the heads of rabid suspects for chnlcal
rahes testing at the Texas Department of Health The fee for this servme shall
be THIRTY-FIVE DOLLARS ($35 00) for each head shipped
2 CITY agrees to request and reqmre residence reformation from persons bnng~ng or
releasing ammals to the Center m order to verify residence in the unincorporated areas
of Denton County This requested information shall include
a The person's address and telephone number, and
b The person's written acknowledgment of their residence being tn the
umncorporated area of Denton County
ANIMAL CONTROL INTERLOCAL COOPERATION AGKEEMENT
DENTON COUNTY CITY OF DENTON DENCOIN WPD
AUGUST 14 1996
B COVENANTS OF COUNTY:
1 ~ In order to reimburse the CITY for its costs incurred under
th~s Agreement, COUNTY agrees to pay for holding and euthanasia fees on dogs and
cats received from the umncorporated areas of the County of Denton or its authorized
agent if an anunal is not recl~umed by its owner Fees will be assessed on the following
basis
a Euthamzed Animal:
$6 00 per day holding fee for each animal as deternuned herein plus $15 00
Euthanasia Fee
b Adopted Ammal.
$6 00 per day holding fee for each animal as determined herein
c Head Shipments:
$35 00 - Slupment fee
2 CITY will collect rmpound fees duly authorized by COUNTY and as specified in this
paragraph from the owners of dogs and cats received from the umncorporated areas of
the COUNTY Impound fee momes vOl be apphed to fees owed CITY by COUNTY
for animals not reclaimed by the owner
1 st Impoundment - $20 00
2nd Impoundment - $30 00
3rd Impoundment - $45 00
4th Impoundment - $67 00
3 COUNTY agrees payment shall be made within forty-five (45) days of receipt of
invoice by COUNTY.
II
CITY agrees to and accepts full responsib~hty for the acts, neghgence, and/or omissions of all of City's
employees, and agents, City's subcontractors, and/or contract laborers doing work under a contract or
agreement with CITY in performance of this agreement with smd COUNTY
ANIMAL CONTROL INTERLOCAL COOPERATION AOKEEMENT
DENTON COUNTY CITY OF DENTON DENCO1N WPD
AUOUST 14 1996
COUNTY agrees to and accepts full responslbfitty for the acts, neghgence, and/or omissions of all of
County's employees, and agents, County's subcontractors, and/or contract laborers doing work under an
agreement or contract w~th COUNTY m performance of tins agreement w~th CITY.
It ~s further agreed that ffclmm or hablhty shall arise from the joint or concurring neghgence of both
patties hereto, tt shall be borne by them comparatively m accordance wtth the laws of the State of Texas Tins
paragraph shall not be construed as a waiver by etther party of any defenses avmlable to ~t under the laws of
the State of Texas It is understood that it ts not the mtentton of the parttes hereto to create habd~ty for the
benefit of tinrd parttes, but that this agreement shall be for the benefit of the parttes hereto
III
The fact that COUNTY and CITY accept certmn responslbdtties relatmg to the collectton and
nnpoundmg of dogs and cats under tbas agreement as a part ofthetr respons~bfitty for prov~dmg protection for
the pubhc health and welfare makes it ~mperative that the performance of these v~tal services be recogmzed
as governmental functton and that the doctnne of governmental immumty shall be, and ts hereby tnvoked to
the full extent possible under the law Neither CITY nor COUNTY waives or shall be deemed hereby to
wmve, any nnmuraty or defense that would otherv~se be avmlable to tt agatnst claims arising from the exerctse
of governmental functions
IV
The term of tins Agreement shall be for a period of one (1) year commencing as of October 1, 1996
and endtng September 30, 1997 Therea~er, tins Agreement shall be renewed for successtve addtttonal one
(1) year terms commencing on October 1 of each year tfthe COUNTY and CITY agree tn wntmg on or
before the first day of October to be a successive term and the amount of consideratton to be ptud hereunder
for each successxve term, provaded, however, that either party may terminate this Agreement, upon tinrty (30)
days written nottce to the other
V
This Agreement represents the entire and integrated agreement between CITY and COUNTY and
supersedes all prior negotmt~ons, representations, and/or agreements e~ther written or oral Tins agreement
may be amended only by written instrument signed by both CITY and COUNTY.
VI
Tins agreement and any of~ts terms or proxastons, as well as the rights and duttes of the pames hereto,
shall be governed by the laws of the State of Texas
ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY CITY OFDENTON DENCO1NWPD
AUGUST 14 1996
VII
In the event that any portion oft[us agreement shall be found to be contrary to law, 11 is the intent of
the parties hereto that the remmmng portions shall remtun valid and in full force and effect to the extent
possible
VIII
The undersigned officer and/or agents of the palsies hereto are the properly authorized officials and
have the necessaE¢ authority to execute this agreement on behalf of the parties hereto, and each party hereby
ceraties to the other that any necessary resolutions extending satd authority have been duly passed and are now
in full force and effect
EXECUTED m duplicate originals this th~/~lL~ of ,~¢~ ~e~ , 199~.
DENTON COUNTY C1TY OF DENTON
By: By'
J
Denton County Judge Ma~6r
ATTEST. ATTEST'
Denton County Clerk ?~.'~' ~ -~ ~
By:
county
/0 [U~~
APPRO~D AS TO FO~. APPRO~D AS TO FO~.
~ PROUTY
C~ty Attorney
Ass~st~t D~stnct A~omey C~ty Attorney
DE~ONCO~Y-ClTY OFDE~ON DENCO~D