2001-437AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON
COUNTY 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 bas absence the Mayor ProTem, ~s hereby authorized to
execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for
the impoundment and disposition of dogs and cats, substantially in the form of the copy of wbach is
attached hereto and incorporated by reference hereto
SECTION 2 That the C~ty Cotmcll authorizes the collection of all fees as provided pursuant
to the provisions of smd Agreement
SECTION 3 That th~s ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED tlus the ~7~dayof ~,ff~/~]~{~ ,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 §
This Agreement made and entered into by and between the City of Denton, Texas, acting
herein by and through its Mayor, duly authorized by resolution of the City Council o£ said City
(hereinafter called "CITY"), and the County of Denton, Texas, acting herein by and through Its
County Judge, duly authorized by court order of the Commissioners Court of Denton County,
Texas (hereafter called "COUNTY")
WHEREAS, CITY and COUNTY are both local governments with the authority and
power to contract, and
WHEREAS, CITY IS engaged in the services of holding and disposing of dogs and cats
for the benefit of the citizens of Denton, and
WHEREAS, CITY 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 eqmpment, and
WHEREAS, COUNTY desires to obtain impoundment and disposition services for dogs
and cats rendered by CITY, as more fully hereafter described, for the benefit of the residents of
the Denton County, Texas, and
WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto, and
WHEREAS, COUNTY and CITY have the authority to perform the services set forth in
this Agreement mdlwdually in accordance with Texas Government Code §791 011 (c), and
WHEREAS, COUNTY will make all payments for services out of avmlable current
revenues and CITY agrees that the payments made by COUNTY hereunder will fairly
compensate at for the services provided,
NOW, THEREFORE, the COUNTY and the CITY, for the mutual consideration
hereinafter stated, agree as follows
I
A COVENANTS OF THE CITY OF DENTON
1 Holding of Dogs and Cats CITY agrees to accept and hold dogs and cats lawfully
impounded by anthonzed representatives of COUNTY under the following terms and
conditions
a Holthng Period for Dogs and Cats CITY agrees to hold such dogs and cats for a
period of mnety-sm (96) hours from the time they are accepted by the Animal
Control Center In order to allow the owners o f the impounded animal a reasonable
amount of time to reclmm the impounded animal If the ammal is not reclaimed
within the mnety-s~x (96) hour period, the ownership of the animal shall revert to
the Ammal Control Center Animals will be humanely destroyed or placed for
adoption at the thscretion of the Animal Control staff
b Holdm,? Fees for Impounded Dogs and Cats For the purpose of this Agreement,
CITY will charge Fifteen Dollars ($15 00) for 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 detenmmng the meaning of the term "animal" as used
hereto, it is agreed that a pregnant ammal which has its htter while being held, or
an animal which ~s nursing tts litter and is being kept m 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 is reclaimed No animal will be released until all applicable fees are
paid m full
c Holrhn~ of Ouarantlne Animals CITY agrees to accept and hold rabid suspects
m quarantine for COUNTY when conditions permit, and such action is authorized
by a representative of COUNTY
d Holding Fees for Quarantined Animals The holding fee for quarantined animals
shall be Fffieen 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 He~rl Shmmer~ts and Rabies Testm~ Upon request of COUNTY, CITY will
provide for the removal and shipment of heads of rabid suspects for ehmeal rabies
testmg at the Texas Department of Health The fee for this servme shall be
Seventy Dollars ($70 00) for each head shipped
B COVENANTS OF DENTON COUNTY
I Flnar~mal Responsibilities In order to reimburse CITY for its costs incurred under
this Agreement, COUNTY agrees to pay for the holding fees and euthanasia fees on
dogs and cats received from COUNTY or its authorized agent ~f the animal(s) is not
reclaimed by the owner These fees will be assessed on the following basis
a Euthamzed 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
ANIMALCONTROLINTBRLOCALCOOPBRAIIONAGRBEMBNT-COUNTY PAOE2OF5
b Adopted Animal 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 ammal as detenmned herem
c Head Shipments Seventy Dollars ($70 00) shtpp~ng fee
2 CITY will collect tmpound fees duly authorized by COUNTY and as specified m this
paragraph from the owners of dogs and cats recmved from COUNTY Impound fee
momes wtll be apphed to fees owed CITY by COUNTY for animals not reclatmed by
the owner
IMPOUND FEE
1 st Impoundment - $20 00
2n° Impoundment - $30 00
3'0 Impoundment - $45 00
4th Impoundment - $70 00
3 COUNTY agrees payment shall be made w~thln forty-five (45) days of receipt of
mvome by COUNTY
2
CITY agrees to and accepts full msponsth~hty for the acts, negligence, and/or omtsslons of all
CITY's employees and agents, CITY's subcontractors and/or contract laborers doing work under
a contract or agreement wtth CITY tn performance of thts Agreement with COUNTY
COUNTY agrees to and accepts full responstbfllty for the acts, negligence, and/or omissions of
all COUNTY's employees and agents, COUNTY's subcontractors and/or contract laborers dmng
work under a contract or agreement with COUNTY in performance of thts Agreement wtth
CITY It is further agreed that if claim or habtllty shall arise from the jotnt or concumng
neghgence of both part,es hereto, ~t shall be borne by them comparatively m accordance w~th the
laws of the State of Texas Thru paragraph shall not be construed as a waiver by etther party of
any defenses available to tt under the laws of the State of Texas It ~s understood that ~t ts not the
tntention of the parttes hereto to create habdlty for the benefit of third parties, but that this
Agreement shall be for the benefit of the parttes hereto
3
The fact that COUNTY and CITY accept certain responslblht~es relating to the collection and
~mpounding of dogs and cats under this Agreement as part of their respons~bthty for pmwdlng
protection for the public health and welfare and, therefore, makes tt lmperattve that the
performance of these vttal services be recognized as a governmental tmmuntty shall be, and ~s
hereby invoked to the full extent posstble under the law Neither CITY nor COUNTY waives or
shall be deemed hereby to watve any tmmumty or defense that would otherwme be avatlable to ~t
agamst the clmms arising from the exerctse of governmental functions
ANIMALCONTROLINT~R~OCALCOOPERATIONAGREgME~T~COUNT¥
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 addittonal one (1) year terms commencing on October 1 of each year if COUNTY
and CITY agree in wntmg on or before the first day of October to a successive term and the
amount of consideration to be paid hereunder for each sueeesslve term, provided, however,
e~ther party may terminate th~s Agreement upon thirty (30) days wntten notice to the other
5
This Agreement represents the entire and integrated agreement between CITY and COUNTY
and supersedes all prior negotlat~ons, representations, and/or agreements, either written or oral
This Agreement may be amended only by written instrument signed by both CITY and
COUNTY
6
This Agreement and any of ~ts 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
7
In the event that any portion of th~s Agreement shall be found to be contrary to law, ~t is the
~ntent of the parties hereto that the remmnmg portions shall remain valid and in full force and
effect to the extent possible
8
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 part,es hereto, and
each party hereby certifies to the other that any necessary resolutions extending smd authority
have been duly passed and are now in full force and effect
EXECUTED in duphcato originals this the (~-~/--I day of ~.f)q./0~/(j ,
2001
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ANIMAL CONTROL INTBRLOCAL COOPBRATION AORBBMBNT- COUNTY
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON COUNTY, TEXAS
COUNTY JUDGE
ATTEST
DENTON COUNTY CLERK
...?
APPROVED AS TO LEGAL FORM ~.~.
DISTRICT
TTORNEY
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