2000-348 ORDINANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTER.LOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE
CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS
AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAD
AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the Mayor, or in his absence the Mayor ProTem, ~s hereby authorized to
execute an Interloeal Cooperation Agreement between the C~ty of Denton and C~ty of Ponder for
the Impoundment and dlspostt~on of dogs and cats, sub stantmlly ~n the form of the copy of Much ~s
attached hereto and incorporated by reference herein
SECTION 2 That the City Cotmcfl authorizes the collection of all fees as provided pursuant
to the prowmons of smd Agreement
SECTION 3 That th~s ordinance shall become effectwe ~mmedmtely upon ~ts passage and
approval
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~ ~
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
WHEREAS, the City of Denton, Texas ("DENTON") and the City of Ponder, Texas
("PONDER") are both local governments with the anthonty and power to contract, and
WHEREAS, DENTON is engaged m the services of holding and d]sposing of dogs and
cats for the benefit of the citizens of DENTON, and
WHEREAS, DENTON is the owner of certmn 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 equipment, and
WHEREAS, PONDER desires to obtmn impoundment and disposition services for dogs
and cats rendered by DENTON, as more fully hereafter described, for the benefit of the citizens
of PONDER, and
WHEREAS, PONDER 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, both DENTON and PONDER have the authority to perform the services set
forth in this Agreement individually m accordance with Texas Government Code §791 01 l(c),
and
WHEREAS, PONDER will make all payments for services out of avmlable current
revenues and DENTON agrees that the payments made by PONDER hereunder will fairly
compensate it for the services provided,
NOW, THEREFORE, PONDER and DENTON, for the mutual consideration hereinafter
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 authorized representatives of PONDER under the following
terms and conditions
a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats
for a period of nmety-slx (96) hours from the time they are accepted by the
Animal Control Center m order to allow the owners of the impounded animal a
reasonable amount of time to reclmm the impounded animal If the animal is not
reclaimed w~thm the mnety-slx (96) hour permd, the ownership of the animal
shall revert to the Animal Control Center Ammals will be humanely destroyed or
placed for adoption at the dlscretmn of the Ammal Control staff
b Holchng Fees for Impounded Dogs and Cats For the purpose ofth~s 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 ~s
held at the Ammal Control Center In determ~mng the meaning of the term
"animal" as used herein, it Is agreed that a pregnant ammal which has its htter
while being held, or an animal which is nursing ars htter and Is bemg kept m the
same cage, will be considered one ammal for the assessment of charges prowded
for In tfus Agreement Th~s fee will be assessed against the owner of the ammal
at the time the animal ~s reclaimed No ammal will be released until all apphcable
fees are paid m full
c Holding of Quarantme Ammals DENTON agrees to accept and hold rabid
suspects in quarantine for PONDER when conditions permit, and such action ~s
anthonzed by a representative of PONDER
d Holding Fees for Ouarantmed Ammals The holding fee for quarantined ammals
shall be Fifteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars
($5 00) for each subsequent day that the animal is held
e Head Shipments and Rabies Testmg Upon request of PONDER, DENTON will
provide for the removal and shipment of heads of rabid suspects for cllmcal rabies
testing at the Texas Department of Health The fee for this service shall be
Thirty-five Dollars ($35 00) for each head sh~pped
B COVENANTS OF THE CITY OF PONDER
1 Financial Responsibilities In order to reimburse DENTON for ~ts 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 ~f the animal(s)
as not reclmmed by the owner These fees will be assessed on the following basis
a Euthanlzed Animal Fffieen 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 ammal as
determined here~n, plus Fifteen Dollars ($15 00) euthanasia fee
b 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 ammal as
determined herein
c Head Shipments Thirty-five Dollars ($35 00) sh~pp~ng fee
ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT -- PONDER
PAGB 2 OF 5
2 DENTON will collect impound fees duly authorized by PONDER and as specified ~n
this paragraph from the owners of dogs and cats received from PONDER Impound
fee 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~a Impoundment - $45 00
4th Impoundment - $70 00
3 PONDER agrees payment shall be made within forty-five (45) days of receipt of
invoice by PONDER
2
DENTON agrees to and accepts full responmbihty 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 in performance of this Agreement with
PONDER PONDER agrees to and accepts full responmbihty for the acts, negligence, 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 th~s
Agreement with DENTON It is further agreed that ff claim or habihty 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 This paragraph shall not be construed as a
waver by either party of any defenses avalable to ~t 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 this Agreement shall be for the benefit of the parhes hereto
3
The fact that PONDER and DENTON accept certain responslbtht~es relating to the collection
and lmpoundmg of dogs and cats under this Agreement as part of their responslblhty for
providing protection for the pubhc health and welfare and, therefore, makes ~t imperative that the
performance of these vital services be recognized as a governmental immunity shall be, and is
hereby invoked to the full extent possible under the law Neither DENTON nor PONDER
waves or shall be deemed hereby to wave any immunity or defense that would otherwise be
available to at aganst the claims anmng 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,
2000 and ending September 30, 2001 Thereafter, this Agreement shall be renewed for
successive additional one (1) year terms commencing on October 1 of each year if PONDER and
P^o~ 3 OF 5
DENTON agree m writing on or before the first day of October to a successive term and the
mount of consideration to be prod hereunder for each successive term, prowded, however,
e~ther party may terminate th~s Agreement upon thirty (30) days written notme to the other
5
Th~s Agreement represents the entire and ~ntegrated agreement between DENTON and
PONDER 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 PONDER
6
This Agreement and any of ~ts terms or provisions, as well as the rights and duties of the part,es
hereto, shall be governed by the laws of the State of Texas
7
In the event that any port~on of th~s Agreement shall be found to be contrary to law, it ~s the
~ntent of the part~es hereto that the remmmng portions shall remmn vahd and ~n full force and
effect to the extent possible
8
The undersigned officer and/or agents of the part,es hereto are the properly authorized offimals
and have the necessary authority to execute th~s 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 m full force and effect
EXECUTED in duplicate originals this the z~q~~2'-~ day of ~2~~,
2000
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF PONDER, TEXAS
ATTEST,
CITY SECRETARY
APPROVED AS TO LEGAL FORM
CITY ATTORNEY
ANIMAL CONTROL INTI~RLOCAL COOPBRATION AGRIH~MBNT -