2000-037 ORDINmCE NO d gF - q
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF
LAKE DALLAS 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
~ That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized
to execute an Interlocal Cooperation Agreement between the City of Denton and the City of
Lake Dallas for the impoundment and dlsposmon of dogs and cats, a copy of which is attached
hereto and incorporated by reference hereto
~ That the City Council authorizes the collectmn of all fees as prowded
pursuant to the provisions of smd Agreement
~ That this ordinance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED tins the J ~ day of~,
1999
JACI(~I~LL'ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
BY~~ doc
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STATE OF TEXAS §
§ 1NTERLOCAL 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 ordinance of the City Council of smd City
(hereinafter called "Denton"), and the City of Lake Dallas, Texas, acting herein by and through
its Mayor, duly authorized by resolution of the City Council of smd City (hereafier called "Lake
Dallas")
WHEREAS, Denton and 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 certmn faclhtles and equipment designed for the
holding and disposition of dogs and cats and has in its employ trmned personnel whose duties are
related to the use of such facilities and equipment, and
WHEREAS, Lake Dallas desires to obtmn impoundment and dlsposmon services for
dogs and cats rendered by Denton, as more fully hereafter described, for the benefit of the
residents of the City of Lake Dallas, Texas, 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, Lake Dallas and Denton have the authority to perform the services set forth
in this Agreement individually in accordance with Texas Government Code §791 01 l(c), and
WHEREAS, Lake Dallas will make all payments for services out of avmlable current
revenues and Denton agrees that the payments made by Lake Dallas hereunder will fairly
compensate it for the services provided,
NOW, THEREFORE, the City of Lake Dallas and the City of Denton, for the mutual
consideration hereinafter stated, agree as follows
I
A COVENANTS OF THE CITY OF DENTON
1 Holam~ 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 Do~,s and Cats Denton agrees to hold such dogs and cats for
a period of ninety-slx (96) hours from the time they are accepted by the Ammal
Control Center in order to allow the owners of the impounded animal a reasonable
mount of t~me to reclaim the impounded animal If the animal is not reclaimed
w~thln the ninety-six (96) hour period, the ownership of the ammal shall revert to
the Ammal Control Center Animals will be humanely destroyed or placed for
adoption at the discretion of the Ammal Control staff
b Holdmg Fees for Imnounded Do~,s and Cats For the purpose of this Agreement,
Denton will charge Fifteen ($15 00) dollars for the first day or part of a day and
Five ($5 00) dollars for each subsequent day hol&ng fee that an animal ~s held at
the Animal Control Center In determ~mng the meaning of the term "animal" as
used here~n, ~t is agreed that a pregnant animal whmh has its htter wh~le being
held, or an animal which ~s nursing ~ts htter and ~s being kept ~n the same cage,
will be considered one animal for the assessment of charges provided for in th~s
Agreement Th~s fee will be assessed agmnst the owner of the ammal at the t~me
the animal ~s reclmmed No ammal will be released until all applicable fees are
prod in full
c H01dm~' of Ouarantlne Animals Denton agrees to accept and hold rabid suspects
m quarantine for Lake Dallas when con&tlons permit, and such action ~s
anthonzed by a representative of Lake Dallas
d Holrhn~ Fees for Ouarantlned Animals The holding fee for quarantined ammals
shall be Fifteen ($15 00) dollars for the first day or part of a day and Ftve ($5 00)
for each subsequent day that the animal ~s held
e Head Sluoments and Rabies Testm~ Upon request of Lake Dallas, Denton wall
provide for the removal and shipment of heads of rabid suspects for chmcal rabies
testing at the Texas Department of Health The fee for this serwce shall be thirty-
five dollars ($35 00) for each head shipped
B COVENANTS OF THE CITY OF LAKE DALLAS
1 Fmanmal Res~ons~bdmes In order to reimburse Denton for ~ts costs incurred under
tlus 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 ~fthe animal(s) is not
reclmmed by the owner These fees wall be assessed on the following basis
a EuthamzedAnlmal $15 00 for the first day or part of a day and $5 00 for each
subsequent day holdmg fee for each ammal as determined here~n, plus $15 00
euthanasia fee
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b Adopted Animal $15 00 for the first day or part of a day and $5 00 for each
subsequent day holdmg fee for each animal as determined here~n
c Head Shipments $35 00 sfupp~ng fee
2 Denton will collect ~mpound fees duly authorized by Lake Dallas and as spemfied m
tfus paragraph from the owners of dogs and cats received from Lake Dallas Impound
fee momes wall be apphed to fees owed Denton by Lake Dallas for animals not
reclmmed by the owner
mP 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 w~thm forty-five (45) days of receipt of
~nvome by Lake Dallas
II
Denton agrees to and accepts full respons~bthty for the acts, neghgence, and/or omtss~ons of all
Denton's employees and agents, Denton's subcontractors and/or contract laborers doing work
under a contract or agreement w~th Denton m performance of th~s Agreement w~th Lake Dallas
Lake Dallas agrees to and accepts full respons~bthty for the acts, neghgence, and/or omissions of
all Lake Dallas's employees and agents, Lake Dallas's subcontractors and/or contract laborers
dmng work under a contract or agreement w~th Lake Dallas ~n performance of tfus Agreement
w~th Denton It is further agreed that ~f clmm or habthty shall arise from the joint or concumng
neghgenee of both part, es hereto, ~t shall be borne by them comparatively ~n accordance w~th the
laws of the State of Texas Th~s paragraph shall not be construed as a waiver by e~ther party of
any defenses available to ~t under the laws of the State of Texas It ~s understood that ~t ~s not the
~ntent~on of the part,es hereto to create habdtty for the benefit of third part,es, but that th~s
Agreement shall be for the benefit of the part~es hereto
III
The fact that Lake Dallas and Denton accept certain respons~b~httes relatmg to the collection and
~mpounchng of dogs and cats under tfus Agreement as part of their respons~b~hty for providing
protection for the pubhc health and welfare and, therefore, makes it ~mperat~ve that the
performance of these wtal serv,ces be recognized as a governmental lmmumty shall be, and ~s
hereby revoked to the full extent possible under the law Neither Denton nor Lake Dallas waives
or shall be deemed hereby to waive any ~mmumty or defense that would otherwise be available
to it against the claims anmng from the exermse of governmental functions
Page 3
IV
The term of this Agreement shall be for a period of one (1) year, commencing as of December 1,
1999 and endsng November 30, 2000 Thereafter, this Agreement shall be renewed for
successive additional one (1) year terms commencing on December 1 of each year if Lake Dallas
and Denton agree in writing on or before the first day of December to a successive term and the
amount of consideration to be pard hereunder for each successive term, provided, however,
either party may termmate this Agreement upon thirty (30) days written notice to the other
V
This 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 instrument signed by both Denton and Lake
Dallas
VI
This Agreement and any of its 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
VII
In the event that any portion of this Agreement shall be found to be contrary to law, it is the
intent of the parties hereto that the remaining portions shall remmn valid and in full force and
effect to the extent possible
VIII
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/ordinances extending said
authontylhave been duly passed and are now m full force and effect
EXECUTED In duplicate onglnals this the J~_ day of u../,~o~t/.~./t~
,1999
CITY OF DENTON, TEXAS
BY JA~
Page 4
ATTEST
JENNIFER WALTERS, CITY SECRETARY
API~OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF LAKE DALLAS, TEXAS
f ('OR
ATTEST
CITY SECRETARY ..,,!
BY -
APPROVED O EGAL FO~
CITY ATTO~Y
BY
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