2000-347 O INANCENO
AN 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 lho Mayor, or m his absonco tho Mayor ProTom, m horoby anthonzcd to
ox¢cut¢ an Interlocal Cooporat~on Agromncnt botwoon tho C~ty of Donton and Donton County for
tho ~mpotmdm~nt and disposition of dogs and cats, substantially m tho form of tho copy of which m
attachod heroto and incorporated by roforcnc¢ hormn
SECTION 2 That tho C~ty Cotmcfl anthonzos tho colloctlon of all foos as provldod pursuant
to tho prows~ons of smd Agr¢omont
SECTION 3 That this ordmanco shall bocomo offoctlv¢ immediately upon Its passage and
approval
PASSED AND APPROVED th~s tho .~'~(~ day of ~ ,2000
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 §
Thas Agreement made and entered anto by and between the Caty of Denton, Texas, actang
here~n by and through ars Mayor, duly authorized by resolution of the C~ty Councal of said C~ty
(hereinafter called "CITY"), and the County of Denton, Texas, acting herean by and through ~ts
County Judge, duly authorized by court order of the Commassaoners Court of Denton County,
Texas (hereafter called "COUNTY")
WHEREAS, CITY and COUNTY are both local governments w~th the authority and
power to contract, and
WHEREAS, CITY xs engaged an the servaees of holdang and d~sposmg of dogs and cats
for the benefit of the cmzens of Denton, and
WHEREAS, CITY as the owner of certain facalmes and equipment desagned for the
holding and dasposxtaon of dogs and cats and has an ~ts employ trained personnel whose dutaes are
related to the use of such facahtaes and equapment, and
WHEREAS, COUNTY desares to obtaan ampoundment and dxspos~tlon serwees for dogs
and cats rendered by CITY, as more fully hereafter described, for the benefit of the resadents of
the Denton County, Texas, and
WHEREAS, COUNTY and CITY mutually desare to be subject to the provas~ons of
Texas Government Code, Chapter 791, the Interlocal Cooperauon Act and contract pursuant
thereto, and
WHEREAS, COUNTY and CITY have the authority to perform the servxees set forth an
th~s Agreement andawdually xn accordance wxth Texas Government Code §791 01 l(c), and
WHEREAS, COUNTY wall make all payments for servxces out of available current
revenues ~and CITY agrees that the payments made by COUNTY hereunder will faarly
compensate at for the serwces provaded,
NOW, THEREFORE, the COUNTY and the CITY, for the mutual consxderatxon
hereinafter stated, agree as follows
1
A COVENANTS OF THE CITY OF DENTON
1 Holdang of Dogs and Cats CITY agrees to accept and hold dogs and cats lawfully
ampounded by anthonzed representatxves of COUNTY under the following terms and
condltaons
a Hokhng Penod for Dogs and Cats CITY agrees to hold such dogs and cats for a
penod of ninety-six (96) hours from the time they are accepted by the Animal
Control Center in order to allow the owners of the ~mpounded animal a reasonable
amount of time to reclmm the impounded animal If the animal IS not reclaimed
within the ninety-six (96) hour period, the ownership of the ammal shall revert to
the Animal Control Center Ammals will be humanely destroyed or placed for
adoption at the d~scretlon of the Animal Control staff
b Holdmg 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 F~ve
Dollars ($5 00) for each subsequent day holding fee that an ammal ~s held at the
Ammal Control Center In determining the meaning of the term "ammal" as used
herein, it is agreed that a pregnant animal which has its litter while being held, or
an animal which is nursing ~ts htter and ~s being kept in the same cage, will be
considered one animal for the assessment of charges prowded for in th~s
Agreement This fee will be assessed against the owner of the animal at the tune
the animal is reclaimed No animal will be released until all apphcable fees are
paid in full
c Hold~ng of Ouarantme Animals CITY agrees to accept and hold rabid suspects
in quarantine for COUNTY when condmons permit, and such action is authorized
by a representative of COUNTY
d Holding Fees for Quarantined Animals The holding fee for quarantined ammals
shall be Fifteen Dollars ($15 00) for the first day or part ora day and Five Dollars
($5 00) for each subsequent day that the animal is held
e Head Shmments and Rabies Testing Upon request of COUNTY, CITY will
provide for the removal and shipment of heads of rabid suspects for chnlcal robins
testing at the Texas Department of Health The fee for th~s service shall be
Thirty-five Dollars ($35 00) for each head sh~pped
B COVENANTS OF DENTON COUNTY
1 Financial Responslbthties In order to reimburse CITY for ~ts costs incurred under
thts Agreement, COUNTY agrees to pay for the holding fees and euthanasia fees on
dogs and cats received from COUNTY or ~ts authorized agent ~f the animal(s) ~s not
reclmmed by the owner These fees will be assessed on the follow~ng basis
a Euthanized Animal Fifteen Dollars ($15 00) for the first day or part of a day and
F~ve Dollars ($5 00) for each subsequent day holding fee for each animal as
determined here~n, plus Fifteen Dollars ($15 00) euthanasm fee
ANIMAL CONTROL INTERLOCAL COO?IiRATION AGREEMENT -- COUNTY
PAGE 2 OF 5
b Adopted Animal Adopted Ammal F~fteen Dollars ($15 00) for the first day or
part of a day and F~ve Dollars ($5 00) for each subsequent day holding fee for
each animal as determined heretn
c Head Shipments Th~rty-five Dollars ($35 00) sh~pp~ng fee
2 CITY w~ll collect ~mpound fees duly authorized by COUNTY and as spemfied ~n th~s
paragraph from the owners of dogs and cats received from COUNTY Impound fee
momes will be apphed to fees owed CITY by COUNTY for animals not reclmmed by
the owner
IMPOUND FEE
1st Impoundment - $20 00
2nd Impoundment - $30 00
3rd Impoundment - $45 00
4th Impoundment - $70 00
3 COUNTY agrees payment shall be made w~th~n forty-five (45) days of receipt of
~nvo~ce by COUNTY
2
CITY agrees to and accepts full responmbd~ty for the acts, negligence, and/or omms~ons of all
CITY's employees and agents, CITY's subcontractors and/or contract laborers dmng work under
a contract or agreement with CITY in performance of this Agreement w~th COUNTY
COUNTY agrees to and accepts full respons~bthty for the acts, neghgence, and/or om~sslons of
all COUNTY's employees and agents, COUNTY's subcontractors and/or contract laborers doing
work under a contract or agreement w~th COUNTY in performance of th~s Agreement w~th
CITY It is further agreed that ~f claim or habd~ty shall arise from the joint or concumng
neghgence 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 wanver 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 habthty for the benefit of third parties, but that th~s
Agreement shall be for the benefit of the parhes hereto
3
The fact that COUNTY and CITY accept certmn respons~bthtms relating to the collection and
~mpoundlng of dogs and cats under th~s Agreement as part of their respons~bd]ty for prowd~ng
protection for the pubhc health and welfare and, therefore, makes ~t ~mperatlve that the
performance of these wtal servmes be recogmzed as a governmental ~mmumty shall be, and is
hereby invoked to the full extent possible under the law Neither CITY nor COUNTY wmves or
shall be deemed hereby to wmve any ~mmun]ty or defense that would otherwise be avadable to ~t
agmnst the clmms arising from the exermse of governmental funcuons
ANIMAL CONTROL INTBRLOCA L COOP}/RATION AGREEMENT -- COUNTY
P^G~ 3 or 5
4
The term 6fth~s Agreement shall be for a period of one (1) year, commenmng as of October 1,
2000 and ending September 30, 2001 Thereafter, th~s Agreement shall be renewed for
successive additional one (1) year terms commenmng on October 1 of each year ~f COUNTY
and CITY agree ~n writing on or before the first day of October to a successive term and the
amount of consideration to be prod hereunder for each successive term, prowded, however,
e~ther party may terminate thru Agreement upon thirty (30) days written notme to the other
5
Th~s Agreement represents the entire and ~ntegrated agreement between CITY and COLrNTY
and supersedes all prior negotmt~ons, representations, and/or agreements, e~ther written or oral
Th~s Agreement may be amended only by written instrument s~gned by both CITY and
COUNTY
6
Th~s Agreement and any of ~ts terms or prows~ons, as well as the rights and duties of the parttes
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 part, es hereto that the remmmng portions shall remmn valid and ~n full force and
effect to the extent possible
8
The undersigned officer and/or agents of the pames hereto are the properly authorized officials
and have the necessary authority to execute thts Agreement on behalf of the part,es hereto, and
each party hereby certffies to the other that any necessary resolutions extending smd authority
have been duly passed and are now ~n full force and effect
EXECUTED ~n duphcate originals thas the c.~
-- day of ,
2000
CITY OF DENTON, TEXAS
By ~.~ ~"r-~
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENT~~
~%~ummoo KIRK WILSON
ATTEST ~ - ~ ~-
DENTON
CO~TY
CLE~
~PROVED AS TO LEG~ FO~
DIST~CT ATTO~Y