1995-225 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 is hereby authorized to execute an
agreement between the City of Denton and Denton County for the
impoundment and disposition of dogs and cats, a copy of which is
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 provisions of said agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the 7~'~day of ~ , 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~VED AS TO L~GAL ~ORM:
HERBERT L. PROUTY, CITY ATTORNEY
THE STATE OF TEXAS X
X INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON X
This agreement made and entered into by and between the City of Denton, Texas, acting herein by and
through its Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called CITY)
and the COUNTY of Denton, Texas, acting herein by and through its County Judge, duly authorized by court
order of the Commissioners Court of Denton County, Texas (hereinafter called COUNTY).
WHEREAS, CITY and COUNTY are both local governments with authority and power to contract;
and
WHEREAS, CITY is engaged in the services of holding and disposing of dogs and cats for the benefit
of the citizens of Denton; and
WHEREAS, CITY is the owner of certain facilities and equipment designed for the holding and
disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such
facilities and equipment; and
WHEREAS, COUNTY desires to obtain impoundment and disposition services for dogs and cats
rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the County
of Denton, 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, COUNTY and CITY mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto;
NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree
as follows:
A. COVENANTS OF CITY:
Holding of Dogs and Cats. CITY agrees to accept and hold dogs and cats lawfully
impounded by authorized representatives of the COUNTY and to accept and hold dogs
and cats brought to and released to the Center from residents of the unincorporated
areas of COUNTY under the following terms and conditions:
a. Holding period for Dogs and Cats. The CITY agrees to hold such dogs and
ANIMAL CONTROL - INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY - CITY OF DENTON - DENCOIN.WPD
S~ptember 6, 1995
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 hour period, the ownership of the animal
shall revert to the CITY and the animal will be held for adoption or humanely
destroyed. Animals will be humanely destroyed at the discretion of the Animal
Control Supervisor.
b. Holding Fees for Im.nounded Dogs. For the purpose of this Agreement, CITY
will charge SlX DOLLARS ($6.00) per day holding fee for each day that an
animal is held at the Center. In determining the meaning of the term "animal",
as used herein, it is agreed that a pregnant animal which has its litter while being
held, or an animal which is nursing its litter and is being kept in the same cage,
will be considered one animal for the assessment of charges provided for in this
Agreement. 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. Holding of Quarantined Animal~. CITY agrees to accept and hold rabid
suspects in quarantine for COUNTY when conditions permit, and such action
is authorized by a representative of COUNTY.
d. Holding Fees for Quarantined 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 and Rabies Testing. Upon request of COUNTY, CITY 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 shipped.
2. CITY agrees to request and require residence information from persons bringing or
rele~'lng animals to the Center in 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 in the
unincorporated area of Denton County.
B. COVENANTS OF COUNTY:
ANIMAL CONTROL - 1NTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY - CITY OF DENTON ~ DENCOIN. WPD
Septexaber 6, 1995
1. Financial Responsibility. In order to reimburse the CITY for its costs incurred under
this Agreement, COUNTY agrees to pay for holding and euthanasia fees on dogs and
cats received from the unincorporated areas of the County of Denton or its authorized
agent if an animal is not reclaimed by its owner. Fees will be assessed on the following
basis:
a. Euthanized Animal:
$6.00 per day holding fee for each animal as determined herein plus $15~00
Euthanasia Fee
b. Adopted Animal:
$6.00 per day holding fee for each animal as determined herein
c. Head Shipments:
$35.00 - Shipment fee
2. CITY will collect impound fees duly authorized by COUNTY and as specified in this
paragraph from the owners of dogs and cats received from the unincorporated areas of
the COUNTY. Impound fee monies will be applied 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 responsibility for the acts, negligence, 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 said COUNTY.
COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of
County's employees, and agents, County's subcontractors, and/or contract laborers doing work under an
ANIMAL CONTROL - INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY - CITY OF DENTON - DENCOIN.WPD
SEPTEMBER 6, 1995
agreement or contract with COUNTY in performance of this agreement with CITY.
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. This
paragraph shall not be construed as a waiver by either party of any defenses available to it under 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.
III
The fact that COUNTY and CITY accept certain responsibilities relating to the collection and
impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for
the public health and welfare makes it imperative that the peffo~-,~ance of these vital services be recognized
as governmental function and that the doctrine of governmental immunity shall be, and is hereby invoked to
the full extent possible under the law. Neither CITY nor COUNTY 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 this Agreement shall be for a period of one (1) year commencing as of October 1, 1995
and ending September 30, 1996. Thereafter, this Agreement shall be renewed for successive additional one
(1) year terms commencing on October 1 of each year if the COUNTY and CITY agree in writing on or
before the first day of October to be a successive term and the amount of consideration to be paid hereunder
for each successive term; provided, however, that either party may terminate this Agreement, upon thirty (30)
days written notice to the other.
V
This Agreement represents the entire and integrated agreement between CITY and COUNTY 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 CITY and COUNTY.
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
ANIMAL CONTROL - INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY - CITY OF DENTON - DENCOIN. WPD
September 6, 1995
possible.
VIII
The undersigned officer and/or agents of the parties hereto are the properly authorized officials and
have the necessary authority to execute this agreement 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.
EXECUTED in duplicate originals this the o of OeA, be,,r ,199 ~
DENTON COUNTY CITY OF DENTON
d~Josele~ / / 'Bob Castleberry ''/
ATTEST:
T~ HODGES
Denton County Clerk
Deputy County Clerk ~ ~i~y ~eta.
APPROVED AS TO FORM: APPROVED AS TO FORM:
HERB PROUTY
City Attorney
~/~ssistant~strict~torney / City Attorney
ANIMAL CONTROL - INTERLOCAL COOPERATION AGREEMENT
DENTON COUNTY - CITY OF DENTON - DENCO1N.WPD
September 6, 1995