1999-114 O INANCENO q q-I I¥
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 Tem, is hereby anthonzed
to execute an Agreement between the C~ty of Denton and the City of Connth for the
impoundment and disposition of dogs and cats, a copy of which is attached hereto and
incorporated by reference herein
SECTION II. That the City Council anthonzes the collection of all fees as provided
pursuant to the provisions of smd Agreement
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval
JA~/IVIILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CIT~ ATTORNEY
THE STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
Thas agreement made and entered into by and between the C~ty of Denton, Texas, acting
hereto by and through ~ts Mayor, duly authorized by resolution of the C~ty Council of smd C~ty,
(heremafter called DENTON) and the City of Connth, Texas, actmg hereto by and through ~ts
Mayor, duly authorized by resolution of the C~ty Council of smd Caty (hereinafter called
CORINTH)
WHEREAS, DENTON and CORINTH are both local governments with authority and
power to contact, and
WHEREAS, DENTON ~s engaged an the services of holding end disposing of dogs and
cats for the benefit of the c~tlzens of Denton, and
WHEREAS, DENTON m the owner of certain facflmes and equapment designed for the
holding and chsposltlon of dogs and cats and has in ~ts employ trmned personnel whose duties are
related to the use of such facflltxes and eqmpment, and
WHEREAS, CORINTH demres to obtmn ~mpoundment and dmpomnon services for dogs
and cats rendered by the Cxty of Denton, as more fully hereafter described, for the benefit of the
residents of the C~ty of Corinth, and
WHEREAS, the provlston of ~mpoundment and dmpomt~on of dogs and cats m a
governmental function that serves the pubhc health and welfare and ~s of mutual concern to the
contracting part, es, and
WHEREAS, DENTON and CORINTH mutually demre to be subject to the provlmons of
Texas Government Code, Chapter 791, the Interloeal Cooperation Act end contract pursuant
thereto, and
WHEREAS, both DENTON and CORINTH have the anthonty to perform the services
set forth ~n the Agreement individually m accordance wroth the Texas Government Code
§791 011(c)(2), and
WHEREAS, CORINTH will make all payments for services out of current avmlable
revenues and DENTON agrees that the payments made by CORINTH hereunder will fmrly
compensate ~t for the services performed,
NOW, THEREFORE, DENTON and CORINTH for the mutual eonmderat~on
he, emafter stated, agree as follows
Section I.
A Covenants of DENTON
1 Holding, of Do~s and Cats DENTON agrees to accept and hold dogs and cats
lawfully impounded by authorized representatives of CORINTH under the following terms and
conditions
a Holdm~ ~enod for Do~s end Cats DENTON agrees to hold such dogs
and cats for a period of mnety-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 t~me to reclaim the ~mpounded animal If the ammal ~s
not reclaimed wIflun the mnety-slx hour period, the ownership of the ammal shall
revert to DENTON and the ammal will be held for adoption or humanely
destroyed Ammals will be humanely destroyed at the d~scretlon of the Health
Services Manager
b Holdme Fees for Imnounded Does For the purpose of this Agreement,
DENTON will charge Six Dollars ($6 00) per day holding fee for each day that an
animal is held at the Center In determimng the meaning of the term "animal", as
used hereto, it ~s agreed that a pregnant ammal which has tts litter whale being
held, or an ammal which is nursing its litter and IS being kept In the same cage,
will be considered one ammal for the assessment of charges provided for in flus
Agreement This fee will be assessed against the owner of the ammal at the t~me
the ammal is reclaimed No animal will be released until all applicable fees are
paid In full
c Hold~n~ of Ouarantlned Animals DENTON agrees to accept and hold
rabid suspects in quarantine for CORINTH when conditions permit, and such
action is authorized by a representative of CORINTH
d I-Ioldin~, Fees for Ouarantined Animals. The holchng fee for quarantined
animals shall be Seven Dollars ($7 00) per day for each day that the ammal IS
held
e Head Shmments and Rabies Testing,. Upon request of CORINTH,
DENTON will proxade for the removal and shipment of the heads of rabid
suspects for clinical rabies testing at the Texas Department of Health The fee for
flus service shall be Thiny-F~ve Dollars ($35 00) for each head shipped
B Covenants of CORINTH
1 Financl.~ Resnons~bihtv. In order to reimburse DENTON for ItS costs
incurred under tins Agr~.ement, CORINTH agrees to pay for holding and euthanasia fees on dogs
and cats received from the incorporated areas of the City of Cormth or ItS authorized agent If an
ammal ~s not reclaimed by its owner Fees will be assessed on the follow~ng basis
C~ty of Connth - Interlocal Cooperation Agreement- Page 2
a Euthanized Animal:
$6 00 per day holding fee for each ammal 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 Shipment fee
2 DENTON will collect ~mpound fees duly authorized by CORINTH and as
speeffied ~n tims paragraph from the owners of dogs and cats received from the umncorporated
areas of CORINTH Impound fee momes will be apphed to fees owed DENTON by CORINTH
for animals not reclaimed by the owner
1st Impoundment $20 O0
2~ Impoundment $30 O0
3~ Impoundment $45 O0
4th Impoundment $67 00
3 CORINTH agrees payment shall be made w~thm forty-five (45) days of receipt of
invoice by CORINTH
DENTON agrees to and accepts full responslbd~ty for the acts, neghgence, and/or
omlsmons 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 tiros
agreement with CORINTH
CORINTH agrees to and accepts full respons~bd~ty for the acts, neghgenee, and/or
om~ssmns of all CORINTH's employees, and agents, CORINTH's subcontractors, and
or/contract laborers doing work under an agreement or contract w~th CORINTH ~n performance
of this agreement w~th DENTON
It ns further agreed thai if clmm or liability shall arise from the joint or eoncvmng
neghgence of boda parties hereto, it shall be borne by them comparatlvel~ m accordance w~th
the laws of the State of Texas Tim:, paragraph shall not be construed as a ~mver by either pary
of any defenses av~ulable to it under the laws of the State of Texas It is understood that ~t ~s not
City of Corinth - Interlocal Cooperanon Agreement - Page 3
the intention of the pames hereto to create liability for the benefit of third parties, but that this
agreement shall be for the benefit of the parties hereto
Section IIL
The fact that DENTON and CORINTH accept certain responsibilities relating to the
collection and impounding of dogs and cats under this agreement as a part of their responsibility
for providing protection for the public health and welfare makes it imperative that the
performance of these vital services be recognized as governmental function and that the doctnne
of governmental munumty shall be, and is hereby invoked to the full extent possible under the
law Neither DENTON nor CORINTH waives or shall be deemed hereby to wmve, any
lmmumty or defense that would otherwise be available to it agmnst clmms arising from the
exercise of governmental functions
Section IV.
The term of tins Agreement shall be for a penod of one (1) year commencing as of
February l, 1999 and ending January 31, 2000 Thereafter, this Agreement shall be renewed for
successive additional one (I) year terms commencing on February 1st of each year if DENTON
and CORINTH agree in wntmg on or before the first day of February to be a successive term and
the mount of consideration to be paid hereunder for each successive term, provided, however,
that either party may terminate tins Agreement, upon thirty (30) days written notice to the other
Section V.
This Agreement represents the entire and integrated agreement between DENTON and
CORINTH and supersedes all prior negotaatlons, representations, and/or agreements either
written or oral This agreement may be amended only by written instrument signed by both
DENTON and CORINTH
Section 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
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 remaining portions shall remmn valid and in full force and
effect to the extent possible
Tt, e undersigned officer and/or agents of the parties hereto ~re the properly authorized
officials and have the necessary authority to execu ~' this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary re,,olutions extending smd
authority have been duly passed and are now in full force and effect
City of Corinth - Interlocal CooperaUon Agreement - Page 4
EXECUTED m duplicate originals on this the day of ,19
CITY OF DENTON CITY OF CORINTH
BY BY,
JACK MIL~),K, MAYOR ,,,,; 0{: CO~', ',,,, / (]
,,,,~... ..... :Z/~2,: / ,
ATTEST i O.:ATT~T '%~, z.
JENNIFER WALTERS, CITY SECKETARY~. i ~ ~ ~ ·
BY _. '-....
~7 .... £ .... ",,C~~T~Y
,~PROVED AS TO t.E~AL FOn~ ~aOWO*S ~O ~O~
HE~ERT L PRO~Y, CITY ATTO~Y CITY ATTO~Y
F ~sharcdklept~LOL\Our Documents\Contracts\99\Connth Animal Control doc
City of Cormth - Interlocal Cooperation Agreement - Page 5