1995-059E:\WPDOCS\ORD\CORINTH.ANM
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 authorized 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
copy of which is attached hereto and incorporated by reference
herein.
SECTION II. 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 immed-
iately upon its passage and approval.
PASSED AND APPROVED this the~/~ day of~ , 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
STATE OF TEXAS ~
INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON S
WHEREAS, the City of Denton, Texas and the City of Corinth;
Texas, are both municipal corporations with the authority and power
to contract; and
WHEREAS, the City of Denton 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 impoundment and
disposition servioes for dogs and oats rendered by the City of
Denton, and more fully hereafter described, for the benefit of the
residents of the City of Corinth, Texas; and
WHEREAS, the provision 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, the city of Corinth and the City 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 City of Corinth and the City of Denton,
for the mutual consideration hereinafter stated, agree as follows:
A. COVENANTS OF THE CITY OF bENTON
1. Holdina of D=:= and Cats: The City of Denton agrees
to accept and hold dogs and cats lawfully impounded by
authorized representatives of the City of Corinth and
to accept and hold dogs and cats brought to and
released to the Center from residents of the
incorporated areas of the City of Corinth under the
following terms and conditions:
(a) Holdi~a Period for Doas and Cats= The City of
Denton agrees to hold such dogs and cats for a
period of ninety-six (96) hours from the time
they are accepted by the Animal Control Center,
unless such animal is released to the Center by
the animal's owner, in order to allow the owners
of the impounded animal a reasonable amount of
time to reclaim the impounded animal. If the
animal is not reclaimed within the ninety-six
(96) hour period, the ownership of the animal
shall revert to the City of Denton and the animal
will be held for adoption or humanely destroyed.
Animals will be humanely destroyed or placed for
adoption at the discretion of the Animal Control
Supervisor.
(b) Holdina Fees for Imnounded Doas: For the purpose
of this Agreement, the City of Denton will charge
six dollars ($6.00) per day holding fee for each
day that an animal is held at the Center. This
fee will be assessed against the owner of the
animal at the time the animal is reclaimed. No
animal will be released until all applicable fees
are paid in full.
(c) Holdinq of Ouarantined Animals: The City of
Denton agrees to accept and hold rabid suspects
in quarantine for the City of Corinth when
conditions permit, and such action is authorized
by a representative of the City of Corinth.
(d) Holding Fees for Ouarantined Animals: The
holding fee for quarantined animals shall be
seven dollars ($7.00) per day for each day that
the animal is held.
(e) Head Shipments a~d Rabies Testinu= Upon request
of the City of Corinth, the city of Denton will
provide 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 shipped7
B. COVENANTS OF THE CITY OF CORINTH
1. F~pancial ResPonsibilitY= In order to reimburse the
City of Denton for its costs incurred under this
Agreement, the City of Corinth agrees 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 reclaimed by its owner. These fees will be
assessed on the following basis=
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(a) Euthanized Animal
$6.00 per day holding fee for four
(4) days for each animal $24.00
$15.00 Euthanasia Fee
Total Fee $~9.00
(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
owners of dogs and cats received from the incorporated
areas of the City of corinth. Impound fee monies will be
applied to fees owed the city of Denton by the City of
Corinth for animals not reclaimed by the owner.
IMPOUND FEE
let Impoundment - $20.00
2nd Impoundment - $30.00
3rd Impoundment - $45.00
4th Impoundment - $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.
II.
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's
subcontractors, and/or contract laborers doing work under a
contract or agreement with the City of Denton in performance of
this agreement with said City of Denton. The City of Corinth
agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all of the City of Corinth's employees, and
agents, the City of Corinth's subcontractors, and/or contract
laborers doing work under an agreement or contract with the City of
Corinth in performance of this agreement with the City of Denton.
It is further agreed that if claim or liability shall arise from
the joint or concurring negligence of both parties hereto, it shall
be borne by them comparatively in accordance with the laws of the
State of Texas. It is understood that it is not 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.
PAGE 3
III,
The fact that the City of Corinth and the City of Denton
accept certain responsibilities relating to the collection and
impounding of doge and cats under this agreement as a part of their
responsibility for providing protection for the public health and
welfare and, therefore, makes it imperative that the performance of
these vital services be recognized as a governmental function and
that the doctrine 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 waives or shall be
deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising from the
exercise of governmental functions.
IV.
The term of the agreement shall commence as of February 1,
1995, and end January 31, 1996. Thereafter, this agreement shall
be renewed for successive additional one (1) year terms co~mencing
on February i 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 term; provided, however, either party
may terminate this agreement, upon thirty (30) days written notice
to the other.
Ve
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 amended only by written
instrument signed by both the City of Denton and the City of
Corinth.
VI.
This Agreement and any of its terms or provisions, as well as
the rights and duties of the parties hereto, shall be governed by
the laws of the State of Texas.
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 remaining portions shall remain'valid and in full force and
effect to the extent possible.
PAGE 4
VIII.
The undersigned officer and/or agents of the parties hereto
are the properly authorized officials and have the necessary
authority to execute this ~reement 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.
EXEC~ED i. duplicate originals this the I(~day of
CITY OF DENTON
BY: BOB CASTLEBE~,
ATTEST:
/
MICHAEL Ao BUCEK, ACTING CITY ATTO~EY
CITY OF CORINTH, TEXAS
s.i EY YOR /
ATTEST:
CITY OF CORINTH, TEXAS
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