1994-055 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 authorized to execute an
agreement between the City of Denton and the City of Corinth 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~~ day of 7~ , 1994.
SOB CASTLEBERR¥, ~A~ ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
STATE OF TEXAS )
INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON )
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 services for dogs and cats 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 mutuall~
desire to be subject to the provisions of T ........ -v~ ......... r~.fe~,~ow
¢~z~ CA~4~, 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 DENTON
1. Holdinq of Dogs 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:
Page
(a) Holding Period for Dogs 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 ani-
mal'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) Holdin~ Fees for Impounded Do~s: 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) Hotdinq of Quarantined 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 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
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 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
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owner. These fees will be assessed on the following
basis:
(a) Euthanized Animal
$6.00 per day holding fee for four
(4) days for each animal $24.00
$15.00 Euthanasia Fee $15.00
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
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 subcontrac-
tors, 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
doingiwork 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
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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 the City of Corinth and the City of Denton
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 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, 1994 and
end January 31, 1995. Thereafter, this agreement shall be renewed
for successive additional one (1) year terms commencing 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.
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.
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["Jl ' "-
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.
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.
uplicate originals this the~~ day of
, 1994.
CITY OF DENTON
~I~fl~E~ALTE-RS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH,
CITY ATTORNEY
CITY OF CORINTH, TEXAS
ATTEST:
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