2001-044 O OIN CE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF
AUBREY 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 Aubrey 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 smd Agreement
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~(t4 day of (. 2~~M.//..~ , 2001
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 Aubrey, Texas
("AUBREY") 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 certmn facilities and equipment designed for the
holding and disposition of dogs and cats and has m its employ trained personnel whose duties are
related to the use of such facihttes and equipment, and
WHEREAS, AUBREY desires to obtain impoundment and dispomt~on services for dogs
and cats rendered by DENTON, as more fully hereaiter described, for the benefit of the citizens
of AUBREY, and
WHEREAS, AUBREY and DENTON mutually desire to be subject to the pmvls~ons of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto, and
WHEREAS, both DENTON and AUBREY have the anthonty to perform the sermces set
forth in this Agreement individually in accordance with Texas Government Code §791 01 l(c),
and
WHEREAS, AUBREY will make all payments for services out of avmlable current
revenues and DENTON agrees that the payments made by AUBREY hereunder will fairly
compensate it for the services provided,
NOW, THEREFORE, AUBREY 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 anthonzed representatives of AUBREY under the following
terms and conditaons
a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats
for a penod of ninety-slx (96) hours from the time they are accepted by the
Animal Control Center m order to allow the owners of the impounded ammal a
reasonable amount of time to reclaim the impounded animal If the animal is not
reclmmed w~thm the mnety-s~x (96) hour period, the ownersbap of the ammal
shall revert to the Ammal Control Center Ammals will be humanely destroyed or
placed for adoptaon at the dascret~on of the Animal Control staff
b Holding Fees for Impounded Dogs and Cats For the purpose of thas Agreement,
DENTON will charge Fifteen 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 as
held at the Ammal Control Center In determmang the meaning of the term
"ammal" as used hereto, at ~s agreed that a pregnant animal wluch has ats latter
whale being held, or an animal which as nursing ats htter and as being kept an the
same cage, will be consadered one anamal for the assessment of charges proxaded
for ~n th~s Agreement Thts fee will be assessed agmnst the owner of the ammal
at the t~me the ammal as reclaimed No anamal wall be released until all applicable
fees are prod ~n full
c Holdmg of Quarantine Ammals DENTON agrees to accept and hold rabid
suspects an quarantme for AUBREY when eond~taons permat, and such actaon ~s
anthonzed by a representative of AUBREY
d Holding Fees for Quarantaned Ammals The holding fee for quarantaned anamals
shall be F~fteen Dollars ($15 00) for the first day or part of a day and Fave Dollars
($5 00) for each subsequent day that the ammal ~s held
e Head Shapments and Rabaes Testmg Upon request of AUBREY, DENTON will
provade for the removal and shapment of heads of rabad suspects for chmeal rabaes
testtng at the Texas Department of Health The fee for thas service shall be
Th~rty-five Dollars ($35 00) for each head shipped
B COVENANTS OF THE CITY OF AUBREY
1 Financial Responslbflmes In order to reimburse DENTON for ats costs incurred
under th~s Agreement, AUBREY agrees to pay for the holding fees and euthanasia
fees on dogs and cats receaved from AUBREY or ats authorized agent if the ammal(s)
as not reclmmed by the owner These fees wall be assessed on the following basas
a Euthan~zed Ammal Fifteen Dollars ($15 00) for the first day or part of a day and
Fave Dollars ($5 00) for each subsequent day holdang fee for each ammal as
determaned here~n, plus Fifteen Dollars ($15 00) euthanasm fee
b Adopted Ammal Fifteen Dollars ($15 00) for the first day or part of a day and
Fare Dollars ($5 00) for each subsequent day holdang fee for each anamal as
determined hereto
c Head Shapments Thmy-five Dollars ($35 00) sluppang fee
2 DENTON wxll collect xmpound fees duly authorized by AUBREY and as spemfied m
tlus paragraph from the owners of dogs and cats recetved from AUBREY Impound
fee montes will be apphed to fees owed DENTON by AUBREY for ammals not
reelaxmed by the owner
IMPOUND FEE
1st Impoundment - $20 00
2nd Impoundment - $30 00
3rd Impoundment * $45 00
4th Impoundment * $70 00
3 AUBREY agrees payment shall be made wxthtn forty*five (45) days of reeetpt of
mvo,ee by AUBREY
2
DENTON agrees to and accepts full responstbfllty for the acts, negligence, and/or omlssxons of
all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers domg
work under a contract or agreement with DENTON xn performance of this Agreement with
AUBREY AUBREY agrees to and accepts full responslblhty for the acts, neghgenee, and/or
omtssxons of all AUBREY's employees and agents, AUBREY's subcontractors and/or contract
laborers dmng work under a contract or agreement wxth AUBREY xn performance of thts
Agreement wxth DENTON It is further agreed that xf elaxm or habflxty shall arise from the joint
or eoneumng neghgenee of both parties hereto, tt shall be borne by them eomparatxvely tn
accordance wtth the laws of the State of Texas Thxs paragraph shall not be construed as a
waxver by etther party of any defenses avaxlable to xt under the laws of the State of Texas It as
understood that xt ts not the tntentxon of the parttes hereto to create habxhty for the benefit of
thtrd partxes, but that thts Agreement shall be for the benefit of the partxes hereto
3
The fact that AUBREY and DENTON accept certmn responsxbthtles relating to the collection
and tmpoundmg of dogs and cats under thts Agreement as part of their respons~bfltty for
prowdmg proteetton for the pubhc health and welfare and, therefore, makes tt tmperattve that the
performance of these v~tal services be recognized as a governmental tmmumty shall be, and ~s
hereby revoked to the full extent possible under the law Neither DENTON nor AUBREY
wmves or shall be deemed hereby to wtuve any tmmumty or defense that would otherwise be
avmlable to tt agmnst the clatms arising from the exerctse of governmental functions
4
The term 0f th~s Agreement shall be for a period of one (1) year, commencmg as of February 1,
2001 and endtng January 31, 2002 Thereafter, thts Agreement shall be renewed for successive
adchttonal one (1) year terms commencmg on February 1 of each year if AUBREY and
DENTON agree in writing on or before the first day of February to a successive term and the
amount of consideration to be prod hereunder for each succesmve term, provided, however,
either party may terminate this Agreement upon thirty (30) days written notme to the other
5
Th~s Agreement represents the entire and integrated agreement between DENTON and
AUBREY and supersedes all prior negotiattons, representations, and/or agreements, either
written or oral Ttus Agreement may be amended only by wntten instrument signed by both
DENTON and AUBREY
6
This Agreement and any of ~ts terms or proms~ons, as well as the nghts and duties of the parties
hereto, shall be governed 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, xt is the
intent of the parties hereto that the remmnmg portions shall remann valid and in full force and
effect to the extent possxble
8
The undermgned officer and/or agents of the parties hereto are the properly authorized officials
and have the necessary authonty to execute this Agreement on behalf of the parties hereto, and
each party hereby certffies to the other that any necessary resolutions extending sand authority
have been duly passed and are now m full force and effect
EXECUTED ~n duplicate originals this the ~ day of ~t~ ,
2o01
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CITY OF AUBREY, TEX~S ~.~
MAYOR ~ ~ x
ATTEST
CITY SECRETARY
APPROVED AS TO~EGAL FORM
CITY ATTORNEY
BY