1999-049 ORDrNANCE NO O q- 0¥ 9
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN 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 ~s hereby authorized to execute an agreement
between the City of Denton and Denton County for the tmpoundment and &spos~t~on of
dogs and cats, a copy of which ~s attached hereto as Exh~Nt "A" and incorporated by
reference here~n
SECTION II That the C~ty Council authorizes the collection of all fees as
prowded pursuant to the prows~ons of smd agreemem
SECTION III That this ordinance shall become effective lmme&ately upon ~ts
passage and approval
PASSEDANDAPPROVEDthlsthe/~["-of ~.~./d_~JLt~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
Ttus Agreement made and entered mto by and between the C~ty of Denton, Texas, acting
herein by and through ~ts Mayor, duly authorized by resolution of the City Council of smd C~ty
(hereinafter called "City"), and the County of Denton, Texas, acting herein by and through its
County Judge, duly authorized by court order of the Commissioners Court of Denton County,
Texas (hereafter called "County")
WHEREAS, C~ty and County are both local governments with the authority and power to
contract, and
WI-IEREAS, C~ty is engaged m the services of holding and disposing of dogs and cats for
the benefii of the citizens of Denton, and
WHEREAS, City is the owner of certain facilities and eqmpment designed for the
holdmg and d~spomhon of dogs and cats and has m ~ts employ trmned personnel whose duties are
related to,the use of such fac~htms and eqmpment, and
WHEREAS, County desires to obtain impoundment and d~sposltlon servmes for dogs and
cats rendered by City, as more fully hereafter described, for the benefit of the residents of the
Denton County, Texas, and
WHEREAS, County and C~ty mutually desire to be subject to the provisions of Texas
Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto,
and
WHEREAS, County and C~ty have the authority to perform the servmes set forth in tins
Agreement mdlwdually in accordance with Texas Government Code §791 01 l(c), and
WHEREAS, County will make all payments for servmes out of available current
revenues and City agrees that the payments made by County hereunder will fmrly compensate ~t
for the sormees promded,
NOW, THEREFORE, the Denton County and the City of Denton, for the mutual
consideration hereinafter stated, agree as follows
I
A COVENANTS OF THE CITY OF DENTON
1 Holding of Do~s and Cats City agrees to accept and hold dogs and cats lawfully
~mpounded by anthonzed representatives of County under the following terms and
conditions
a Holding, Penod for Does and Cats. City agrees to hold such dogs and cats for a
period of mnety-slx (96) hours from the time they are accepted by the Animal
Control Center in order to allow the owners of the impounded ammal a reasonable
mount of time to reclaim the impounded animal If the animal is not reclaimed
within the mnety-six (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
b H0ldmg Fees for Imnounded Does and Cats For the purpose of this Agreement,
City will charge six dollars ($6 00) per day holding fee for each day that an
animal is held at the Animal Control Center In determining the meamng of the
term "animal" as used herein, it is agreed that a pregnant animal winch has its
htter whale 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 Tins fee will be assessed against the owner of the
animal at the time the ammal is reclaimed No animal will be released until all
apphcable fees are prod m full
c Holding of Ouarantme Animals City agrees to accept and hold rabid suspects in
quarantine for County when conditions permit, and such action is authorized by a
representative of County
d Holding Fees for Ouarantmed Animals The holding fee for quarantined ammals
shall be seven dollars ($7 00) per day for each day that the animal as held
e Head Sinoments and Rabies Testme Upon request of County, City 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 tinrty-five
dollars ($35 00) for each head shipped
B COVENANTS OF DENTON COUNTY
1 Financial Responslbthtles. In order to reimburse City for its costs recurred under this
Agreement, county agrees to pay for the holding fees and euthanasia fees on dogs and
eats received from County or its authorized agent if the ammal(s) is not reclaimed by
the owner These fees will be assessed on the following basis
a Euthamzed Ammal $6 00 per day holding fee for each animal as determined
herein, plus $15 00 euthanasia fee
b Adopted Animal $6 00 per day holding fee for each ammal as determined
herein
c Head Shipments $35 00 shipping fee
Page 2
2 City will collect ~mpound fees duly authorized by County and as specified m tins
paragraph from the owners of dogs and cats received from County Impound fee
momes will be apphed to fees owed C~ty by County for ammals not reclmmed by the
owq%er
IMPOUND FEE
1st Impoundment - $20 00
2nd Impoundment - $30 00
3rd Impoundment - $45 00
4th Impoundment - $67 00
3 County agrees payment shall be made wathan forty-five (45) days of receipt of anvolce
by County
II
City agrees to and accepts full responslinhty for the acts, negligence, and/or omissions of all
Ctty's employees and agents, C~ty's subcontractors and/or contract laborers domg work under a
contract or agreement wath Caty m performance of this Agreement wath County County agrees
to and accepts full responstbthty 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 wath County m performance of tins Agreement with C~ty It ts further
agreed that ~f claim or habfl~ty shall arise from the joint or concumng negligence of both parties
hereto, ~t shall be bome by them comparatavely ~n accordance w~th the laws of the State of
Texas Tins paragraph shall not be construed as a waaver by etther party of any defenses
available to at under the laws of the State of Texas It as understood that at is not the antenUon of
the partxes hereto to create hainlaty for the benefit of third partaes, but that flus Agreement shall
be for the benefit of the part,es hereto
III
The fact that County and Caty accept certain responsxbflttaes relating to the eolleetxon and
~mpoundmg of dogs and cats under tins Agreement as part of their responsibility for provadmg
protection for the pubhe health and welfare and, therefore, makes n imperative that the
performance of these vital servlces be recogmzed as a governmental ~mmumty shall be, and ts
hereby revoked to the full extent possxble under the law Neither City nor County waives or shall
be deemed hereby to wmve any munumty or defense that would otherwise be available to n
against the clmms ansang from the exercme of governmental functions
IV
The term of th~s Agreement shall be for a penod of one (1) year, commencing as of October 1,
1998 and endmg September 30, 1999 Thereafter, tins Agreement shall be renewed for
Page 3
succesmve additional one (1) year terms commencing on October 1 of each year if County and
City agree m 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 tins Agreement upon thn'ty (30) days written notice to the other
V
Tins Agreement represents the entire and integrated agreement between City and County and
supersedes all prior negotiations, representations, and/or agreements, either wntten or oral This
Agreement may be amended only by written instrument signed by both City and County
VI
This Agreement and any of ns terms or prowslons, as well as the rights and duties of the part,es
hereto, shall be governed by the laws of the State of Texas
VII
In the event that any portion of tins Agreement shall be found to be contrary to law, it is the
intent of the part, es hereto that the remmmng portmns shall remain vahd and in full force and
effect to the extent possible
VIII
The undersigned officer and/or agents of the parties hereto are the properly authonzed officials
and have the necessary anthonty to execute thru Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending said authonty
have been duly passed and are now in full force and effect
EXECUTED in duphcate onglnals thru the/&~]'k day of ~,~,~,
1999.
CITY OF DENTON, TEXAS
JACK M~EI~, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Page 4
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON
COUNTY,
TEXAS
ATTEST
DENTON COUNTY CLERK
APPROVED AS TO LEGAL FORM
DISTRICT ATTORNEY
-- Page 5