1999-454AN 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 I That the Mayor, or ~n Ins absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Cooperation Agreement between the C~ty of Denton and Denton County for
the impoundment and chsposit~on of dogs and cats, substantially ~n the form of the copy of winch ~s
attached hereto and incorporated by reference herein
SECTION II That the City Council authorizes the collection of all fees as provided pursuant
to the proms~ons of smd Agreement
SECTION III. That tbs orahnance shall become effective ~mmedlately upon ~ts passage and
approval
PASSED AND APPROVED tins the ~C/~.~ day of ~~__, 1999
JACK~I~R, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
F ~shared~dept~LGLiOur Documents\Or d mances\99\~n County Aroma[ Control doe
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
Th,s Agreement made and entered into by and between the City of Denton, Texas, acting
herein by and through its Mayor, duly anthonzed by resolution of the City Council of smd City
(here,nafter called "City"), and the County of Denton, Texas, acting herein by and through its
County Judge, duly anthonzed 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 m the servmes of hold,ng and disposing of dogs and cats for
the benefit of the citizens of Denton, and
WHEREAS, City is the owner of certain facflmes and equipment designed for the
holding and disposition of dogs and cats and has in its employ tra,ned personnel whose dut,es are
related to the use of such famhtles and eqmpment, and
WHEREAS, County des,res to obtain impoundment and disposition serv,ces for dogs and
cats rendered by Cl~y, as more fully hereafter described, for the benefit of the res,dents of the
Demon County, Texas, and
WHEREAS, County and City mutually des,re 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 individually m 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 it
for the services provided,
NOW, THEREFORE, the Denton County and the City of Denton, for the mutual
conslderatton hereinafter stated, agree as follows
I
A COVENANTS OF THE CITY OF DENTON
1 Holdm~ of Do~,s and Cats. City agrees to accept and hold dogs and cats lawfully
impounded by anthonzed representat,ves of County under the following terms and
eondltlons
a Holdin~ Period for Dogs and Cats Clty agrees to hold such dogs and cats for a
period of ninety-six (96) hours from the time they are accepted by the Animal
Control Center m order to allow the owners of the impounded ammal a reasonable
amount of time to reclaim the impounded animal If the ammal is not reclamaed
within the ninety-slx (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 discretion of the Animal Control staff
b Holding Fees for Imnounded Do~s 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 ammal is held at the
Ammal Control Center In determlmng the meamng of the term "animal" as used
herein, it is agreed that a pregnant animal wtuch has its litter while being held, or
an animal which is nursing ItS litter and is being kept in 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 apphcable fees are
paid In full
c Holdm~, of Ouarantlne Animals City agrees to accept and hold rabid suspects In
quarantine for County when conditions permit, and such action as authorized by a
representative of County
d I-IoldIIlg Fees for Ouarantmed Animals The holding fee for quarantined animals
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
e Head Shmments and Rabies Testm~ Upon request of County, City wall 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 thirty-five
dollars ($35 00) for each head shipped
B COVENANTS OF DENTON COUNTY
1 Financial Responsibilities In order to reimburse City for its costs incurred under tins
Agreement, county agrees to pay for the holding fees and euthanasia fees on dogs and
cats received from County or its authorized agent if the ammal(s) is not reclmmed by
the owner These fees will be assessed on the following basis
a Euthamzed 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, plus $15 00 euthanasia fee
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b Adopted Ammal 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 determined here~n
c Head Sinpments $35 00 sl'npp~ng fee
2 City will collect impound fees duly authorized by County and as specified ~n tins
paragraph from the owners of dogs and cats received from County Impound fee
rnomes w~ll be applied to fees owed City by County for animals not reclaimed by the
owner
IMPOUND FEE
1st Impoundment - $20 00
2nd Impoundment - $30 00
3rd I~poundment - $45 00
4th Impoundment - $70 00
3 County agrees payment shall be made w~tinn forty-five (45) days of receipt of invoice
by County
II
C~ty agrees to and accepts full responslblhty for the acts, neghgence, and/or omissions of all
C~ty's employees and agents, City's subcontractors and/or contract laborers doing work under a
contract or agreement with C~ty in performance of tins Agreement with County County agrees
to and accepts full responslbdlty for the acts, neghgence, and/or omissions 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 tins Agreement w~th C~ty It is further
agreed that if claim or habthty shall anse from the joint or concumng negligence of both part,es
'~hereto, ~t shall be borne by them comparatively ~n accordance w~th the laws of the State of
Texas Tins paragraph shall not be construed as a waiver by e~ther party of any defenses
available to it under the laws of the State of Texas It is understood that it is not the ~ntent~on of
the parties hereto to create hainhty for the benefit of tlurd partxes, but that tins Agreement shall
be for the benefit of the part,es hereto
III
The fact that County and City accept certain respons~blhtles relating to the collection and
~mpoundlng of dogs and cats under this Agreement as part of their responslbd~ty for provldmg
protection for the pubhc health and welfare and, therefore, makes ~t ~mperatlve that the
performance of these v~tal services be recogmzed as a governmental lmmumty shall be, and ~s
hereby invoked to the full extent possible under the law Neither City nor County waives or shall
be deemed hereby to waive any lmmumty or defense that would otherwise be available to it
against the claims anslng from the exercise of governmental functions
Page 3
IV
The term of tlus Agreement shall be for a period of one (1) year, commencing as of October 1,
1999 and ending September 30, 2000 Thereafter, this Agreement shall be renewed for
successive additional one (1) year terms commencing on October 1 of each year if County and
City agree in 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, provided, however, either party may
terminate this Agreement upon thirty (30) days written notice to the other
V
This Agreement represents the entire and integrated agreement between City and County 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 City and County
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 remmmng pomons shall remain valid and in full force and
effect to the extent possible
VIII
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 parties hereto, and
-~each party hereby certafies to the other that any necessary resolutions extending smd anthonty
have been duly passed and are now m full fome and effect
EXECUTED m duphcate originals this the _~ day of ~/~/~] ,1999
CITY OF DENTON, TEXAS
JACK MI~ MAYOR
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON COUN~
· ~'~ ~ ¢~ %
. F ,,,-~ ~.~:'-. KII~K WILSON
APPROVED AS TO LEGAL FORM
F kshared~dept'xLOL\Our Documents\Contracts\99\Dcnt on County ammal control doc
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