1993-088ALL003CE
ORDINANCE NO. 93 (0,M'
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON TO
EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN INTERLOCAL AGREEMENT
WITH THE COUNTY OF DENTON FOR THE PROVISION OF SERVICES ASSOCIATED
WITH THE HOLDING AND DISPOSING OF DOGS AND CATS FOR THE COUNTY OF
DENTON; AUTHORIZING CITY PERSONNEL TO COLLECT FEES ASSOCIATED WITH
ALL INTERLOCAL AGREEMENTS FOR SERVICES PROVIDED BY THE CITY PUR-
SUANT TO SAID AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County of Denton desires to obtain impoundment and
disposition services for dogs and cats for the citizens of Denton
County; and
WHEREAS, the City of Denton has facilities and personnel train-
ed to provide these services; and
WHEREAS, the City of Denton maintains these type of agreements
with other local governments; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor of the City of Denton is hereby
authorized to execute on behalf of the City of Denton, Texas, an
interlocal agreement with the County of Denton for the provision of
services associated with the holding and disposing of dogs and cats
for the County of Denton, a copy of which is attached hereto.
SECTION II. That the City Council authorizes City Animal Con-
trol personnel to collect fees for services rendered pursuant to
interlocal agreements and duly authorized by the governing body of
any local government entering into any such agreement with the City
of Denton. These fees shall be as follows and maintained on file
in the office of the City Secretary:
1. Euthanized Animal
$6.00 per day holding fee
for each animal
2. Adopted Animal
$6.00 per day holding fee for each
animal
3. All other fees associated with interlocal agreements
will be in the same amounts as presently authorized and
established by the city council and on file in the office
of the city secretary.
SECTION III. This ordinance shall take effect immediately from
and after its passage.
PASSED AND APPROVED this the /?4b day of s ®!G2 , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: z(2L
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
C
BY:
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THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
WHEREAS, the City of Denton, Texas and the County of Denton,
Texas, are both local governments with the authority and power to
contract; and
WHEREAS, the City of Denton is engaged in the services of hold-
ing 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 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, the County of Denton 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, the County of Denton and the City of Denton mutually
desire to be subject to the provisions of Tex. Govt Code, chapter
791, the Interlocal Cooperation Act and contract pursuant thereto;
NOW, THEREFORE, the County of Denton and the City of Denton,
for the mutual consideration hereinafter stated, agree as follows:
I.
A. COVENANTS OF THE CITY OF DENTON
1. Holdina of Docis and Cats. The City of Denton
agrees to accept and hold dogs and cats lawfully
impounded by authorized representatives of the
County of Denton and to accept and hold dogs and
cats brought to and released to the Center from
residents of the unincorporated areas of the County
of Denton under the following terms and conditions:
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(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 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 dis-
cretion of the Animal Control Supervisor.
(b) Holding Fees for Impounded Dogs and Cats 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. 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 assess-
ment 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 ouarantined Animals The City of
Denton agrees to accept and hold rabid suspects
in quarantine for the County of Denton when
conditions permit, and such action is'author-
ized by a representative of the County of
Denton.
(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 County of Denton, the City of
Denton will provide for the removal and ship-
ment of the heads of rabid suspects for clini-
cal rabies testing at the Texas Department of
Health. The fee for this service shall be
Thirty-five Dollars ($35.00) for each head
shipped.
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2. The City of Denton agrees to request residence
information from a person bringing or releasing
animals to the Center in order to verify their
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 acknowledgement of their residence
being in the unincorporated area of Denton
County.
B. COVENANTS OF THE COUNTY OF DENTON
1. Financial Responsibility. In order to reimburse the
city of Denton for its costs incurred under this
Agreement, the County of Denton agrees to pay for
the holding fees and euthanasia fees on dogs and
cats received from the unincorporated areas of the
County of Denton or its authorized agent if the
animal(s) is not reclaimed by its owner. These fees
will be assessed on the following basis:
(a) Euthanized Animal
$6.00 per day holding fee for each animal as
determined herein
$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. The City of Denton will collect impound fees duly
authorized by the County of Denton and as specified
in this paragraph from the owners of dogs and cats
received from the unincorporated areas of the County
of Denton. Impound fee monies will be applied to
fees owed the City of Denton by the County of Denton
for animals not reclaimed by the owner.
IMPOUND FEE
1st Impoundment - $20.00
2nd Impoundment - $30.00
3rd Impoundment - $45.00
4th Impoundment - $67.00
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3. The County of Denton agrees payment shall be made
within forty-five (45) days of receipt of invoice by
the County of Denton.
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 subcon-
tractors, 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 County of Denton agrees to and
accepts full responsibility for the acts, negligence, and/or
omissions of all of the County of Denton's employees, and agents,
the County of Denton's subcontractors, and/or contract laborers
doing work under an agreement or contract with the County of Denton
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. 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 the County of Denton 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 County of Denton waives or shall be
deemed hereby to waive, any immunity or defense that would other-
wise be available to it against claims arising from the exercise of
governmental functions.
IV.
The term of the Agreement shall be for a period of one (1) year
commencing as of October 1, 1992 and ending September 30, 1993.
Thereafter, this Agreement shall be renewed for successive addi-
tional one (1) year terms commencing on October 1 of each year if
the County of Denton and the City of Denton agree in writing on or
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before the first day of October 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.
V.
This Agreement represents the entire and integrated agreement
between the City of Denton and the County of Denton 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 County of
Denton.
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.
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.
`y EXECUTED in duplicate originals this the ~ day of
-id a c
CITY OF DENTON
BY:
BOB CASTLEBERRY, MAYOR
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AgendaNo.
Agendaltem
Bate
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
j
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY
E
ATTEST:, o
BY: ~jl p~~L f
APPROVED AS TO LEGAL FORM:
BY: - -Jao1i,,m a., di M
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