1988-0292102L
NO 1L0_IU 3
AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF DENTON AND THE TOWN OF LITTLE ELM FOR THE IMPOUNDMENT AND
DISPOSITION OF DOGS AND CATS, AND DECLARING AN EFFECTIVE DATA,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the City Council of the City of Denton hereby approves
an agreement between the City of Denton and the Town of Little
Elm for impoundment and disposition services for dogs and cats,
a copy of which is attached hereto and incorporated by reference
herein
SECTION II
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the - day of
1988
RAY ST. dbHLrNS, M YOR
ATTEST
P
J ASTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
%
BY
2102L
THE STATE OF TEXAS S
COUNTY OF DENTON S
INTERLOCAL COOPERATION AGREEMENT
This Agreement is made and entered by and between the Town
of Little Elm, a municipal corporation of Denton County, Texas,
hereinafter referred to as "TOWN OF LITTLE ELM", and the City of
Denton, a home rule municipal corporation of Denton County,
Texas, hereinafter referred to as "CITY"
WHEREAS, TOWN OF LITTLE ELM is a municipal corporation, duly
organized and operating under the laws of the State of Texas and
CITY is a home rule municipal corporation, duly organized and
operating under the laws of the State of Texas and CITY is
engaged in the services of holding and disposing of dogs and
cats for the benefit of the citizens of the Denton, and
WHEREAS, CITY is the owner
and equipment designed for the
sition of dogs and cats and has
whose duties are related to
equipment, and
of certain vehicles, facilities
transporting, holding and dispo-
in its employ trained personnel
the use of such vehicles and
WHEREAS, TOWN OF LITTLE ELM desires to obtain impoundment
and disposition services for dogs and cats rendered by CITY, as
more fully hereafter described, for the benefit of the residents
of the TOWN OF LITTLE ELM, 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, TOWN OF LITTLE ELM and CITY mutually desire to be
subject to the provisions of Tex Rev Civ Stat Art 4413
(32c), The Interlocal Cooperation Act and contract pursuant
thereto, NOW, THEREFORE, TOWN OF LITTLE ELM and CITY, for the
mutual consideration hereinafter stated, agree as follows
I
A COVENANTS OF THE CITY
1 Holding of Dogs and Cats The CITY agrees to accept
and hold dogs and cats lawfully impounded by authorized repre-
sentatives of TOWN OF LITTLE ELM and to accept and hold dogs and
cats that have been lawfully impounded and brought to and
released to the Center from authorized representatives of the
TOWN OF LITTLE ELM under the following terms and conditions
(a) Holding Period for Dogs and Cats The CITY 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 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) Holding Fees for Impounded Dogs For the purposes of
this Agreement, CITY 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) Holding of Quarantined Animals CITY agrees to
accept and hold rabid suspects in quarantine for TOWN
OF LITTLE ELM when conditions permit, and such action
1s authorized by a representative of TOWN OF LITTLE
ELM
(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
TOWN OF LITTLE ELM, 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
B COVENANTS OF TOWN OF LITTLE ELM
1 Financial Responsibility in order to reimburse the
CITY for its costs incurred under this Agreement, the TOWN OF
LITTLE ELM agrees to pay for the holding fees and euthanasia
fees on all dogs and cats received from the TOWN OF LITTLE ELM
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 four
(4) days for each animal $24 00
PAGE 2
$7 00 Euthanasia Fee $ 7 00
Total Fee
(b) Adopted Animal
$31 00
$6 00 per day holding fee for four
(4) days for each animal $24 00
(c) Head Shipments
$35 00
2 TOWN OF LITTLE ELM agrees payment shall be made within
forty-five (45) days of receipt of invoice by the TOWN OF LITTLE
ELM
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 CITY TOWN OF LITTLE ELM agrees to and
accepts full responsibility for the acts, negligence, and/or
omissions of all of TOWN OF LITTLE ELM'S employees, and agents,
TOWN OF LITTLE ELM'S subcontractors, and/ or contract laborers
doing work under an agreement or contract with TOWN OF LITTLE
ELM in performance of this agreement with CITY It is further
agreed that if a claim for damages 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 TOWN OF LITTLE ELM and CITY accept certain
responsibilities relating to the collection and impounding of
dogs and cats under this agreement as a part of their responsi-
bility 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 CITY nor TOWN OF LITTLE ELM 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
PAGE 3
IV
The term of this Agreement shall be for a period of one (1)
year commencing as of October 1, 1987 and ending September 30,
1988 Thereafter, this Agreement shall be renewed for succes-
sive additional one (1) year terms commencing on October 1 of
each year if the TOWN OF LITTLE ELM and CITY agree in writing on
or 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 CITY and TOWN OF LITTLE ELM and supersedes all prior
negotiations, representations and/or agreements, either written
or oral This agreement may be amended only by written instru-
ment signed by both CITY and TOWN OF LITTLE ELM
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
Executed in duplicate originals this the prod day of
:jgj 11, 1988
CITY OF DENTON
BY k " ~
RAY S ENS, MAYOR
PAGE 4
ATTEST
r
J NI Em ALTERS, CITY SECRETARY
PPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCB, CITY ATTORNEY
BY Zy///~`~
TOWN OF LITTLE ELM
BY ~
MAYOR, TOWN OF LITTLE ELM
ATTEST
~~E1c5~d~ 7
TOWN SECRETARY
APPROVED AS TO LEGAL FORM
ATTORNEY FOR TOWN OF LITTLE ELM
BY
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