2001-042 ORD~ANCENO doz~/- ~dA
AN ORDINANCE AUT.OR,ZING T.E MAYOR TO E×ECUTE AN INTEP. LOCAL
COOPERATION AGREEMENT BETWEEN T.E C,TY OF DENTON AND T.E 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 1 That the Mayor, or m her absence, the Mayor Pro Tern, m hereby
authorized to execute an Interlocal Cooperation Agreement between the City of Denton and the
City of Connth for the impoundment and disposition of dogs and cats, a copy of which is
attached hereto and incorporated by reference hereto
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 ordmance shall become effective immediately upon its passage
and approval
PASSED A PROVED,hlsthe )¢ dayof ,2OOl
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
WHEREAS, the City of Denton, Texas ("DENTON") and the City of Connth, Texas
("CORINTH") are both local governments wnh the authority and power to contract, and
WHEREAS, DENTON ~s engaged m the services of holding and disposing of dogs and
cats for the benefit of the emzens of DENTON, and
WHEREAS, DENTON ,s the owner of certain facflmes and eqmpment designed for the
holding and dasposataon of dogs and cats and has m its employ trained personnel whose duties are
related to the use of such facilities and equipment, and
WHEREAS, CORINTH desares to obtain ~mpoundment and d~sposmon services for dogs
and cats rendered by DENTON, as more fully hereafter described, for the benefit of the cltazens
of CORINTH, and
WHEREAS, CORINTH and DENTON mutually desire to be subject to the provaslons of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto, and
WHEREAS, both DENTON and CORINTH have the authority to perform the servaces
set forth mttus Agreement andav, dually an accordance with Texas Government Code
§791 011(c), and
WHEREAS, CORINTH wall make all payments for services out of available current
revenues and DENTON agrees that the payments made by CORINTH hereunder vall faarly
compensate ,t for the services provaded,
NOW, THEREFORE, CORINTH and DENTON, for the mutual consaderatlon
hereinafter stated, agree as follows
1
A COVENANTS OF THE CITY OF DENTON
I Holding of Dogs and Cats DENTON agrees to accept and hold dogs and cats
lawfully ampounded by anthonzed representatives of CORINTH under the following
terms and condmons
a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats
for a period of mnety-s~x (96) hours from the t~me they are accepted by the
Aroma1 Control Center an order to allow the owners of the ampounded aroma1 a
reasonable amount of tame to reclaim the ampounded ammal If the annnal as not
reelmmed w:thin the mnety-s~x (96) hour period, the ownership of the ammal
shall revert to the Ammal Control Center Ammals wall be humanely destroyed or
placed for adoption at the d~scretlon of the Ammal Control staff
b Holding Fees for Impounded Dogs and Cats For the purpose of this Agreement,
DENTON will charge Fffieen Dollars ($15 00) for the first day or part of a day
and Fave Dollars ($5 00) for each subsequent day holding fee that an ammal is
held at the Ammal Control Center In determamng the meaning of the term
"ammal" as used herein, at as agreed that a pregnant ammal which has its latter
while baing held, or an animal which as nursing ats htter and as being kept m the
same cage, will be considered one ammal for the assessment of charges provtded
for ~n this Agreement This fee will be assessed against the owner of the ammal
at the t~me the ammal as reclmmed No animal wall be released untd all appheable
fees are paid an full
c Holdang of Quarantine Ammals DENTON agrees to accept and hold rahid
suspects m quarantane for CORINTH when condmons permit, and such action ~s
authorized by a representative of CORINTH
d Holding Fees for Quarantaned Ammals The holdang fee for quarantined ammals
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
e Head Shipments and Rabies Testing Upon request of CORINTH, DENTON will
prowde for the removal and shipment of heads of rahid suspects for chmcal rahies
testing at the Texas Department of Health The fee for thas servme shall be
Thirty-five Dollars ($35 00) for each head shipped
B COVENANTS OF THE CITY OF CORINTH
1 Financial Resnonsabfllt~es In order to reimburse DENTON for ats costs recurred
under this Agreement, CORINTH agrees to pay for the holding fees and euthanasia
fees on dogs and cats received from CORINTH or ~ts authorized agent ff the
ammal(s) is not reclaimed by the owner These fees will be assessed on the following
barns
a Euthamzed Ammal Fffieen Dollars ($15 00) for the first day or part of a day and
Fare Dollars ($5 00) for each subsequent day holding fee for each ammal as
determined here~n, plus Fffieen Dollars ($15 00) euthanasm fee
b Adopted Ammal Fifteen Dollars ($15 00) for the first day or part of a day and
Fave Dollars ($5 00) for each subsequent day holding fee for each anxmal as
determined herein
c Head Shipments Thirty-five Dollars ($35 00) shipping fee
2 DENTON will collect impound fees duly authorized by CORINTH and as specified
an this paragraph from the owners of dogs and cats received from CORINTH
Impound fee monies will be applied to fees owed DENTON by CORINTH for
animals not reclaimed by the owner
IMPOUND FEE
1st Impoundment - $20 00
2na Impoundment - $30 00
3rd Impoundment - $45 00
4th Impoundment - $70 00
3 CORINTH agrees payment shall be made w~thm forty-five (45) days of receipt of
invoice by CORINTH
2
DENTON agrees to and accepts full respons~bthty for the acts, negligence, and/or omissions of
all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing
work under a contract or agreement with DENTON ~n performance of this Agreement with
CORINTH CORINTH agrees to and accepts full responsibility for the acts, negligence, and/or
omissions of all CORINTH's employees and agents, CORINTH's subcontractors and/or contract
laborers doing work under a contract or agreement w~th CORINTH in performance of this
Agreement with DENTON It ~s further agreed that ffclmm or habfllty shall arise from the joint
or eoneumng negligence of both part,es hereto, it shall be borne by them comparatively in
accordance with the laws of the State of Texas Th~s 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 part,es hereto to create liability for the benefit of
third parties, but that this Agreement shall be for the benefit of the parties hereto
3
The fact that CORINTH and DENTON accept certain responsibilities relating to the collection
and impounding of dogs and cats under th~s Agreement as part of their responsibility for
prowding protection for the public health and welfare and, therefore, makes it ~mperatlve that the
performance of these vital services be recogmzed as a governmental lmmumty shall be, and ~s
hereby revoked to the full extent possible under the law Neither DENTON nor CORINTH
wmves or shall be deemed hereby to wmve any ~mmun~ty or defense that would otherwise be
avmlable to it agmnst the clmms arising from the exermse of governmental functions
4
The term of th~s Agreement shall be for a period of one (1) year, commencing as of February 1,
2001 and ending January 31, 2002 Thereafter, this Agreement shall be renewed for successive
add~tional one (1) year terms commencing on February 1 of each year if CORINTH and
DENTON agree ~n wnt~ng on or before the first day of February to a successive term and the
amount of consideration to be prod hereunder for each successive term, prowded, however,
either party may terminate this Agreement upon thirty (30) days written notice to the other
5
This Agreement represents the entire and mtegrated agreement between DENTON and
CORINTH and supersedes all pnor negotiations, representations, and/or agreements, either
written or omi This Agreement may be amended only by written ~nstmment s~gned by both
DENTON and CORINTH
6
This Agreement and any of its terms or prowslons, as well as the rights and duties of the parties
hereto, shall be governed by the laws of the State of Texas
7
In the event that any pomon of this Agreement shall be found to be contrary to law, it is the
~ntent of the part,es hereto that the rematning portions shall remain vahd and ~n full fome and
effect to the extent possible
8
The undersigned officer and/or agents of the parties hereto are the properly authonzed officials
and have the necessary authority to execute this Agreement on behalf of the pames hereto, and
each party hereby certifies to the other that any necessary resolutions extenthng sfud authonty
have been duly passed and are now m full fome and effect
EXECUTED m duphcate originals this the
2o0/
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
,, ,,,, CITY OF CORINTH, TEXAS
,,,,." ~: COn;;',,~
.--'::~" - '"~X"~
~. ~' '~ ~ MAYOR[ ~ /
%',,,,,, r~x~ ,,"'
ATTEST
CITY SECI~ETARY
APPROVED AS TO LEGAL FORM
CITY ATTORNEY