2003-027o or CE NO. ¥
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF
KRUM 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 1. That the Mayor, or in her absence, the Mayor Pro Tem, is hereby
authorized to execute an Interlocal Cooperation Agreement between the City of Denton and the
City of Krum for the impoundment and disposition of dogs and cats, a copy of which is attached
hereto and incorporated by reference herein.
SECTION 2. That the City Council authorizes the collection of all fees as provided
pursuant to the provisions of said Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the ¢~ day of ,I~Z~ ,
200 ~.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
STATE OF TEXAS §
COUNTY OF DENTON §
1NTERLOCAL COOPERATION AGREEMENT
WHEREAS, the City of Denton, Texas ("DENTON") and the City of Krum, Texas
("KRUM") are both local governments with the authority and power to contract; and
WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and
cats for the benefit of the citizens of DENTON; and
WHEREAS, DENTON is the owner of certain facilities and equipment designed for the
holding and disposition of dogs and cats and has in its errploy trained personnel whose duties are
related to the use of such facilities and equipment; and
WHEREAS, KRUM desires to obtain impoundment and disposition services for dogs and
cats rendered by DENTON, as more fully hereafter described, for the benefitof the citizens of
KRUM; and
WHEREAS, KRUM and DENTON mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto; and
WHEREAS, both DENTON and KRUM have the authcrity to perform the services set
forth in this Agreement individually in accordance with Texas Government Code §791.01 l(c);
and
WHEREAS, KRUM will make all payments for services out of available current
revenues and DENTON agrees that the payments made by KRUM hereunder will fairly
compensate it for the services provided;
NOW, THEREFORE, KRUM and DENTON, for the mutual consideration hereinafter
stated, agree as follows:
A. COVENANTS OF THE CITY OF DENTON
Holding of Dogs and Cats. DENTON agrees to accept and hold dogs and cats
lawfully impounded by authorized representatives of KRUM under the following
terms and conditions:
Holding Period for Dogs and Cata 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 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
PAGE 1 OF 5
reclaimed within the ninety-six (96) hour period, the ownership of the animal
shall revert to the Animal Control Center. Animals will be humanely destroyed or
placed for adoption at the discretion of the Animal Control staff.
Holding Fees for Impounded Dogs and Cats For the purpose of this Agreement,
DENTON will charge l~ifteen Dollars ($15.00) for the first day or part of a day
and Five Dollars ($5.00) for each subsequent day holding fee that an animal is
held at the Animal Control 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.
Holding of Quarantine Animals DENTON agrees to accept and hold rabid
suspects in quarantine for KRUM when conditiom permit, and such action is
authorized by a representative of KRUM.
Holding Fees for Ouarant'med Animals The holding fee for quarantined animals
shall be Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars
($5.00) for each subsequent day that the animal is held.
Head Shipments and Rabies Testing Upon request of KRUM, DENTON will
provide for the removal and shipment of heads of rabid suspects for clinical rabies
testing at the Texas Department of Health. The fee for this service shall be
Seventy Dollars ($70.00) for each head shipped.
COVENANTS OF THE CITY OF KRUM
1. Financial Responsibilitie~ In order to reimburse DENTON for its costs incurred
under this Agreement, KRUM agrees to pay for the holding fees and euthanasia fes
on dogs and cats received from KRUM or its authorized agent if the animal(s) is not
reclaimed by the owner. These fees will be assessed on the following basis:
a. Euthanized Animal: Fifteen Dollars ($15.00) for the first day or part of a day and
Five Dollars ($5.00) for each subsequent day holding fee for each animal as
determined herein, plus Thirty Dollars ($30.00) euthanasia fee.
b. Adopted Animal: Fifteen Dollars ($15.00) for the first day or part of a day and
Five Dollars ($5.00) for each subsequent day holding fee for each animal as
determined herein.
c. Head Shipments: Seventy Dollars ($70.00) shipping fee.
PAGE 2 OF $
d. Carcass disposal: Five dollars ($5.00).
DENTON will collect impound fees duly authorized by KRUM and as specified in
this paragraph from the owners of dogs and cats received from KRUM. Impound fee
monies will be applied to fees owed DENTON by KRUM for animals not reclaimed
by the owner:
IMPOUND FEE
1st Impoundment- $20.00
2nd Impoundment - $30.00
3rd Impoundment ~ $45.00
4th Impoundment - $70.00
3. KRUM agrees payment shall be made within fort~five (45) days of receipt of invoice
by KRUM.
DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of
all DENTON's employees and agents, DENTON's subcontactors and/or contract laborers doing
work under a contract or agreement with DENTON in performance of this Agreement with
KRUM. KRUM agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all KRUM's employees and agents, KRUM's subcontractors and/or contract
laborers doing work under a contract or agreement with KRUM in performance of this
Agreement with 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.
The fact that KRUM and DENTON accept certain responsibilities relatingto the collection and
impounding of dogs and cats under this Agreement as 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 immunity shall be, and is
hereby invoked to the full extent possible under the law. Neither DENTON nor KRUM waives
or shall be deemed hereby to waive any immunity or defense that would otherwise be available
to it against the claims arising from the exemise of govemmental functions.
The term of this Agreement shall be for a period of one (1) year, commencing as of October 1,
2002 and ending September 30, 2003. Thereafter, this Agreement shall be renewed for
successive additional one (1) year terms commencing on October 1 of each year if ICRUM and
DENTON agree in writing on or before the first day of October to a successive term and the
mount 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 DENTON and KRUM
and supersedes all prior negotiations, representations, and/or agreements, eiher written or oral.
This Agreement may be amended only by written instrument signed by both DENTON and
KRUM.
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.
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.
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 certiftes 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 /'~(~ day of k.~/~,~ ,
200,. .
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
CITY OF KRUM, TEXAS
MAYOR
ATTEST:
CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
BY:~ --
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