2000-149ORD1NANCENO ~'~00~ = //T/~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH 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 I That the Mayor, or in his absence, the Mayor Pro Tern, is hereby authorized
to execute an Agreement between the City of Denton and the City of Connth for the
impoundment and d~spomt~on of dogs and cats, a copy of which is attached hereto and
incorporated by reference hereto
SECTION II That the City Council authorizes the eollecUon of all fees as provided
pursuant to the prov~s~ons of smd Agreement
SECTION III That th~s orchnance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the day of ~ ,2000
JA~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
This Agreement made and entered mto by and between the City of Denton, Texas, acting
herein by and through ~ts Mayor, duly authorized by resolution of the C~ty Council of smd City
(hereinafter called "Denton"), and the C~ty of Connth, Texas, acting herein by and through ~ts
Mayor, duly anthonzed by resolutmn of the City Council of said C~ty (hereafter called
"Connth")
WHEREAS, Denton and Connth are both local governments w~th the authority and
power to contract, and
WHEREAS, Denton ~s engaged m the services of holding and &spomng of dogs and cats
for the benefit of the mt~zens of Denton, and
WHEREAS, Denton ~s the owner of certain faclhtles and eqmpment designed for the
holding and thspos~t~on of dogs and cats and has ~n ~ts employ trained personnel whose duties are
related to the use of such famht~es and eqmpment, and
WHEREAS, Connth desires to obtain ~mponndment and dlsposmon services for dogs
and cats rendered by Denton, as more fully hereafter described, for the benefit of the residents of
Connth, Texas, and
WHEREAS, Connth and Denton mutually desire to be subject to the prowslons of Texas
Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto,
and
WHEREAS, Corinth and Denton have the authority to perform the services set forth in
thts Agreement ~n&vldually in accordance w~th Texas Government Code §791 011 (c), and
WHEREAS, Connth will make all payments for services out of available current
revenues and Denton agrees that the payments made by Connth hereunder will fmrly compensate
it for the services provided,
NOW, THEREFORE, Connth and Denton, for the mutual consideration hereinafter
stated, agree as follows
A COVENANTS OF THE CITY OF DENTON
Holding of Dogs and Cats Denton agrees to accept and hold dogs and cats lawfully
~mpounded by authorized representatives of Connth under the following terms and
con&t~ons
B
l)
2)
3)
4)
5)
Holding Penod for Dogs and Cats Denton agrees to hold such dogs and cats for a
period of 96 hours from the time they are accepted by the Ammal Control Center ~n
order to allow the owners of the ~mpounded ammal a reasonable amount of time to
reclmm the impounded animal If the ammal ~s not reclmmed w~thln the 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
Holding Fees for Impounded Dogs and Cats For the purpose of thru Agreement,
Denton 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 deterunnmg the meaning of the term "ammal" as used
hereto, it is agreed that a pregnant animal which has its litter while being held, or an
animal which ~s nursing its litter and is being kept m the same cage, will be
considered one animal for the assessment of charges provided for m this Agreement
This fee will be assessed against the owner of the animal at the time the animal is
reclmmed No animal will be released until all applicable fees are prod in full
Holding of Quarantine Animals Denton agrees to accept and hold rabid suspects in
quarantine for Connth when conditions permit, and such action is authorized by a
representative of Connth
Holding Fees for Quarantined Animals The hol&ng fee for quarantined ammals
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 animal is held
Head Shipments and Rabies Testing Upon request of Connth, Denton will provide
for the removal and shipment of heads of rabid suspects for clinical rabies testing at
the Texas Department of Health The fee for this service shall be th~rty-five dollars
($35 00) for each head shipped
COVENANTS OF THE CITY OF CORINTH
1) Financial Responsibilities In order to reimburse Denton for its costs incurred under
this Agreement, Connth agrees to pay for the holding fees and euthanasia fees on
dogs and cats received from Connth or its authorized agent if the animal(s) is not
mclmmed 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 $15 00 euthanasia fee
b
Adopted Animal Adopted Ammal 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
c Head Shipments $35 00 shipping fee
Page 2
2) Denton will collect impound fees duly authorized by Connth and as specified in this
paragraph from the owners of dogs and cats received from Connth Impound fee
monies will be applied to fees owed Denton by Connth for animals not reclaimed by
the owner
IMPOUND FEE
1st Impoundment - $20 00
2na Impoundment - $30 00
3rd Impoundment - $45 00
4th Impoundment - $70 00
3) Connth agrees payment shall be made within 45 days of receipt of invoice by
Connth
2
Denton agrees to and accepts full responmblhty 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 with Connth
Connth agrees to and accepts full responslbthty for the acts, negligence, and/or omissions of all
Connth's employees and agents, Connth's subcontractors and/or contract laborers doing work
under a contract or agreement with Connth in performance of this Agreement with Denton It is
further agreed that if clmm or liability shall arise from the joint or concumng negligence of both
parties hereto, it shall be borne by them comparatively in accordance with the laws of the State
of Texas Tbas paragraph shall not be construed as a wmver by either party of any defenses
avmlable 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 liability for the benefit of third parties, but that tlus Agreement shall
be for the benefit of the parties hereto
3
The fact that Connth and Denton accept certmn 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 imperative that the
performance of these vital services be recogmzed as a governmental lmmumty shall be, and is
hereby invoked to the full extent possible under the law Neither Denton nor Connth waives or
shall be deemed hereby to wmve any lmmumty or defense that would otherwise be avmlable to it
agmnst the claims ansmg from the exercise of governmental functions
4
The term of this Agreement shall be for a period of one year, commencing as of February 1,
2000 and ending January 31, 2001 Thereafter, this Agreement shall be renewed for successive
additional one year terms commencing on February 1 of each year if Connth and Denton agree
in writing on or before the first day of February to a successive term and the amount of
Page 3
constderatton to be prod hereunder for each successlve term, prowded, however, either party may
terminate tins Agreement upon 30 days' written notice to the other
Tins Agreement represents the entire and ~ntegrated agreement between Denton and Corinth and
supersedes all prior negottatlons, representations, and/or agreements, e~ther written or omi Tins
Agreement may be amended only by written mstmment s~gned by both Denton and Connth
6
Tins Agreement and any of ~ts terms or prows~ons, as well as the rights and duttes of the parttes
hereto, shall be governed by the laws of the State of Texas
In the event that any port~on of tins Agreement shall be found to be contrary to law, ~t is the
intent of the part,es hereto that the remtunmg portions shall remam vahd and tn full force and
effect to the extent possible
8
The undersigned officer and/or agents of the parties hereto are the properly authorized officmls
and have the necessary anthonty to execute tins Agreement on behalf of the parttes hereto, and
each party hereby certffies to the other that any necessary resoluttons extendmg smd authority
have been duly passed and are now in full force and effect
EXECUTED m duphcate originals th~s the day of ,2000
CITY OF DENTON, TEXAS
JACK
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~'/~' '~Y~ Page 4
CITY OF CORINTH, TEXAS
APPROVED AS TO LEGAL FORM
CITY ATTORNEY
Page 5