2001-435 O~I~*SCE NO dOF/-Zh~-'
i~ O~,~CE Atn~O~Zi~O T.E mVO~ ~O ~CO~ ~ ~OC~
COO~ION AO=~N~ ~t~N t.~ C~V O~ O~N~ON, ~S, ~ t~
CITY OF PO~ER, ~S, FOR ~ ~O~MENT ~ DISPOS=ION OF DOGS
~ CAtS ~ t.~ CO~C~ION O~ ~S ~SO~ ~O ~.~ ~OWS~ONS O~ S~
AG~E~, ~ PROVinG FOR ~ EFFECTWE DATE
THE CO~C~ OF ~ CITY OF DE~ON HE.BY O~S
SECTION 1 That ~ Mayor, or m Ns abs~c~ ~e Mayor ProT~m, m h~by au~onz~d to
ex.ute ~ ~t~loe~ Cooperation A~eem~t be~een ~e City of Denton ~d C~ty of Ponder for
the lmpo~ent ~d d~osat~on of dogs ~d cats, subst~tmlly ~n ~e fo~ of~e copy of w~eh ~s
a~ach~ hereto ~d mco¢orated by refgence here~n
SECTION 2 ~at ~e C~ty Co.ell authorizes ~e collection of all fees ~ prowded p~umt
to ~e pm~s~ons of smd A~eement
SECTION 3 ~at ~s ordinate shall become effective ~edlately upon its p~sage ~d
approv~
~UL~ BRO~K, 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 §
WHEKEAS, the City of Denton, Texas ("DENTON") and the Caty of Ponder, Texas
("PONDER") are both local governments with the authority and power to contract, and
WHEREAS, DENTON as engaged an the services of holdang and dasposmg of dogs and
cats for the benefit of the cltazens of DENTON, and
WHEREAS, DENTON as the owner of certain facflaues and equipment designed for the
holdang and dasposatmn of dogs and cats and has an its employ trained personnel whose dutaes are
related to the use of such faealataes and equipment, and
WHEREAS, PONDER desires to obtain nnpoundment and dasposltlon services for dogs
and cats rendered by DENTON, as more fully hereai~er described, for the benefit of the cmzens
of PONDER, and
WHEREAS, PONDER and DENTON mutually desire to be subject to the provasaons of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto, and
WHEREAS, both DENTON and PONDER have the authority to perform the serwces set
forth an tbas Agreement individually in accordance with Texas Government Code §791 011(c),
and
WHEREAS, PONDER will make all payments for services out of avaalable current
revenues and DENTON agrees that the payments made by PONDER hereunder wall fulrly
compensate it for the services prowded,
NOW, THEREFORE, PONDER and DENTON, for the mutual consideration heremafter
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 PONDER under the followang
terms and condataons
a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats
for a period of mnety-slx (96) hours from the time they are accepted by the
Anmaal Control Center in order to allow the owners of the ampounded anamala
reasonable amount of tame to reclmm the impounded anmaal If the ammal is not
reclaimed within the ninety-six (96) hour penod, the ownerslup of the animal
shall revert to the Ammal Control Center Animals will be humanely destroyed or
placed for adoption at the chscretlon of the Animal Control staff
b Holchng Fees for Imnounded Do~s and Cats For the purpose of this 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 is
held at the Ammal Control Center In determlmng the meamng of the term
"animal" as used herein, it is agreed that a pregnant animal wluch 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 tins Agreement TLs fee will be assessed against the owner of the ammal
at the time the annnal is reclaimed No animal will be released until all appheable
fees are paid in full
c Holchn~ of Ouarantme Animals DENTON agrees to accept and hold rabid
suspects m quarantine for PONDER when conditions permit, and such action is
anthonzed by a representative of PONDER
d Holdme Fees for Quarantined Ammals 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 ammal is held
e Head Shmments and Rabies TesUn~ Upon request of PONDER, DENTON will
provide for the removal and shipment of'heads of rabid suspects for chmcal rabies
testing at the Texas Department of Health The fee for tins service shall be
Seventy Dollars ($70 00) for each head shipped
B COVENANTS OF THE CITY OF PONDER
I Financial Resnonslbfllties In order to reimburse DENTON for 1ts costs mcurred
under this Agreement, PONDER agrees to pay for the holding fees and euthanasia
fees on dogs and cats received from PONDER or its authorized agent if the ammal(s)
is not reclaimed by the owner These fees will be assessed on the following basis
a Euthanlzed 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 holdmg fee for each animal as
determined hereto
c Head Shipments Seventy Dollars ($70 00) shipping fee
2 DENTON will collect impound fees duly authorized by PONDER and as specified in
thts paragraph from the owners of dogs and cats received from PONDER Impound
i'ee momes will be applied to fees owed DENTON by PONDER for animals not
reclaimed by the owner
IMPOUND FEE
1st Impoundment - $20 00
2nd Impoundment - $30 00
3~d Impoundment - $45 00
4th Impoundment - $70 00
3 PONDER agrees payment shall be made within forty-five (45) days of receipt of
mvolce by PONDER
2
DENTON agrees to and accepts fftll 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 m performance of this Agreement w~th
PONDER PONDER agrees to and accepts full responsibility for the acts, neghgence, and/or
omissions of all PONDER's employees and agents, PONDER's subcontractors and/or contract
laborers doing work under a contract or agreement with PONDER in performance of tins
Agreement w~th DENTON It is further agreed that if claim or liability shall arise from the Jomt
or concurnng negligence of both parties hereto, it shall be borne by them comparatively m
accordance with the laws of the State of Texas Tins 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 habfllty for the benefit of
third parties, but that this Agreement shall be for the benefit of the parties hereto
3
The fact that PONDER and DENTON accept certain responsibilities relating to 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 lmperattve that the
performance of these vital services be recognized as a governmental lmmumty shall be, and is
hereby invoked to the full extent possible under the law Neither DENTON nor PONDER
waives or shall be deemed hereby to waive any lmmumty or defense that would otherwise be
available to it against the claims arising 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,
2001 and ending September 30, 2002 Thereafter, this Agreement shall be renewed for
successive additional one (1) year terms commencing on October 1 of each year if PONDER and
DENTON agree in writing on or before the first day of October to a successive term and the
amount of consideratton to be paid hereunder for each successtve term, provided, however,
either party may temunate this Agreement upon thirty (30) days written notice to the other
5
!
Tins Agreement represents the entire and mtegrated agreement between DENTON and
PONDER and supersedes all prior negotlattons, representations, and/or agreements, etther
written or oral This Agreement may be amended only by written instrument signed by both
DENTON and PONDER
6
Tins Agreement and any of its terms or provistons, as well as the rights and duttes of the parties
hereto, shall be governed by the laws of the State of Texas
7
In the event that any port,on of this Agreement shall be found to be contrary to law, It is the
tntent of the parties hereto that the rema~rnng portions shall remain valid and m full force and
effect to the extent possible
8
The undersigned officer and/or agents of the parttes 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 certifies to the other that any necessary resolutions extendang smd authority
have been duly passed and are now tn full force and effect
EXECUTED m duplicate originals tins the ~(J'~ day of_A __~/Tb~ ,
2001
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
CITY OF PONDER, TEXAS
MAY~)R /~o
ATTBST
CITY SBC~TARY
APPROVED AS TO LEGAL FORM