2001-043 ORDINANCE NO dO0/- RZ/J
AN ORDINANCE AUTHORIZING TIlE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN TIlE CITY OF DENTON AND THE CITY OF
LAKE DALLAS FOR TIlE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS
AND TIlE COLLECTION OF FEES PURSUANT TO TIlE PROVISIONS OF SAID
AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE
TIlE COUNCIL OF TIlE CITY OF DENTON IlEREBY ORDAINS
SECTION 1 That the Mayor, or in his absence, the Mayor Pro Tern, m hereby
anthonzed to execute an Interlocal Cooperation Agreement between thc City of Denton and the
City of L~ke Dallas 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 prows~ons of smd Agreement
SECTION 3 That this ordmance shall become effective ~mmedlately upon its passage
and approval
PASSED AND APPROVED tNs the ~-/~ dayof J~/~ ,2000
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 Lake Dallas, Texas
("LAKE DALLAS") 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 employ trained personnel whose duties are
related to the use of such facilities and equipment, and
WHEREAS, LAKE DALLAS desires to obtain impoundment and disposition services
for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the
citizens of LAKE DALLAS, and
WHEREAS, LAKE DALLAS 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 LAKE DALLAS have the authority to perform the
services set forth in this Agreement ~ndlvldually in accordance with Texas Government Code
§791 0Il(c), and
WHEREAS, LAKE DALLAS will make all payments for services out of available
current revenues and DENTON agrees that the payments made by LAKE DALLAS hereunder
will fairly compensate it for the services provided,
NOW, THEREFORE, LAKE DALLAS and DENTON, for the mutual consideration
hereinafter stated, agree as follows
1
A COVENANTS OF THE CITY OF DENTON
1 Holding of Dogs and Cats DENTON agrees to accept and hold dogs and cats
lawfully impounded by authorized representatives of LAKE DALLAS under the
following terms and conditions
a Holding Period for Dogs and Cats 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 ammal If the ammal is not
reclaimed within the ninety-slx (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
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 Five Dollars ($5 00) for each subsequent day holding fee that an animal is
held at the Ammal 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 ammal
at the time the animal ~s reclaimed No animal will be released until all apphcable
fees are paid in full
c Holding of Quarantine Animals DENTON agrees to accept and hold rabid
suspects in quarannne for LAKE DALLAS when conditions permit, and such
action is authorized by a representative of LAKE DALLAS
d Holding Fees for Quarantined Animals The holding fee for quarantined animals
shall be Fifteen Dollars ($15 00) for the first day or part ora day and F~ve Dollars
($5 00) for each subsequent day that the animal ~s held
e Head Shipments and Rabies Testing Upon request of LAKE DALLAS,
DENTON will provide for the removal and shipment of heads of rabid suspects
for chmcal tableS testing at the Texas Department of Health The fee for this
service shall be Thirty-five Dollars ($35 00) for each head sh~pped
B COVENANTS OF THE CITY OF LAKE DALLAS
1 Financial Respons~bflmes In order to reimburse DENTON for Its costs incurred
under thxs Agreement, LAKE DALLAS agrees to pay for the holding fees and
euthanasia fees on dogs and cats received from LAKE DALLAS or ~ts 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
F~ve Dollars ($5 00) for each subsequent day holding fee for each animal as
determined here~n, plus Fifteen Dollars ($15 00) euthanasia fee
b Adopted Amm~l Fffieen 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 ammal as
determined herein
c Head Shipments Thirty-five Dollars ($35 00) sh~pp~ng fee
2 DENTON will collect impound fees duly authorized by LAKE DALLAS and as
specified in this paragraph from the owners of dogs and cats received from LAKE
DALLAS Impound fee monies will be applied to fees owed DENTON by LAKE
DALLAS 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 LAKE DALLAS agrees payment shall be made within forty-five (45) days of receipt
of ]nvmce by LAKE DALLAS
2
DENTON agrees to and accepts full responsibility 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 in performance of this Agreement with
LAKE DALLAS LAKE DALLAS agrees to and accepts full responsibility for the acts,
negligence, and/or omissions of all LAKE DALLAS's employees and agents, LAKE DALLAS's
subcontractors and/or contract laborers doing work under a contract or agreement with LAKE
DALLAS in performance of this Agreement with DENTON It is further agreed that if claim or
hablhty shall arise from the joint or concurnng 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 partms 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 LAKE DALLAS and DENTON accept certain responslbdltles relating to the
collection and ~mpoundlng of dogs and cats under this Agreement as part of their responsibility
for providing protection for the pubhc health and welfare and, therefore, makes it imperative that
the performance of these vital services be recogmzed as a govemmental lmmumty shall be, and
is hereby invoked to the full extent possible under the law Neither DENTON nor LAKE
DALLAS waives or shall be deemed hereby to waive any immunity or defense that would
otherwise be available to it against the claims anslng from the exercise of governmental
functions
4
The term of this Agreement shall be for a period of one (1) year, commencing as of October 1,
2000 and ending September 30, 2001 Thereafter, this Agreement shall be renewed for
successive additional one (1) year terms commencing on October 1 of each year if LAKE
DALLAS and DENTON 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
5
Th~s Agreement represents the entire and integrated agreement between DENTON and LAKE
DALLAS and supersedes all prior negotiations, representations, and/or agreements, either
written or oral This Agreement may be amended only by written lnstmment signed by both
DENTON and LAKE DALLAS
6
This Agreement and any of its terms or prowslons, as well as the rights and duties of the parties
hereto, shall be govemed by the laws of the State of Texas
7
In the event that any portion of this Agreement shall be found to be contrary to law, it is the
~ntent of the parties hereto that the remaining portions shall remain vahd and in full force and
effect to the extent possible
8
The undersigned officer and/or agents of the part~es 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
this the ~'1{ day of
EXECUTED
in
duplicate
originals
20 O/
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF LAKE DALLAS, TEXAS
CITY SECRETARY °°m"~'"~°~'
APPROVED AS TO LEGAL FORM
CITY ATTORNEY
BY