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Home My WebLink About2001-4353 W., A dC Ml Ex ORDINANCE NO aew ` yb AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL 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 SAID 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, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and City of Ponder for the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is attached hereto and incorporated by reference herein SEQTION 2 That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement SECTION 3 That tlus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �i %day of 2001 i •' ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY �3 Wur Oocumrou�CanuKW0lyovM Wwl wumlEa 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 authority and power to contract, and WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of DENTON, and WHEREAS, DENTON is the owner of certain 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 obtain 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 in accordance with Texas Government Code §791 011(c), and WHEREAS, PONDER will make all payments for services out of available 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 A COVENANTS OF THE CITY OF DENTON 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 mnety-six (96) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal If the animal is not ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT— FONDER PAGE I OF 5 .S Wu�Uocummu�Cocw�u1014anMe Wmtl aervivl Joe reclaimed within the ninety-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 Holding Fees for Impounded Dogs and Cats For the purpose of this 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 is held at the Animal Control Center In determining the meaning of the term "animal" as used herein, it is agreed that a pregnant animal which 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 animal at the time the annual is reclaimed No animal will be released until all applicable fees are paid in full Holding of Ouarantine Animals DENTON agrees to accept and hold rabid suspects in quarantine for PONDER when conditions permit, and such action is authorized by a representative of PONDER d Holding Fees for Ouarantrned 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 Shipments and Rabies Testing Upon request of PONDER, DENTON 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 Seventy Dollars ($70 00) for each head shipped B COVENANTS OF THE CITY OF PONDER Financial Res iRonsibilities In order to reimburse DENTON for its costs incurred 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 if the ammal(s) is not reclanned by the owner These fees will be assessed on the following basis a Euthanized 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 animal as determined herein, plus Thirty Dollars ($30 00) euthanasia fee b 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 animal as determined herein c Head Shipments Seventy Dollars ($70 00) shipping fee ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT — PONDER PAGE 2 OF 5 a w.r we.mawx.wwmw r V.ma wwn ww.i a.. 2 DENTON will collect impound fees duly authorized by PONDER and as specified in this paragraph from the owners of dogs and cats received from PONDER Impound fee monies will be applied to fees owed DENTON by PONDER for animals not reclaimed by the owner IMPOUND FEE I" Impoundment - $20 00 2"a Impoundment - $30 00 3`d Impoundment - $45 00 0 Impoundment - $70 00 3 PONDER agrees payment shall be made within forty-five (45) days of receipt of invoice by PONDER DENTON agrees to and accepts full responsibility 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 responsibility 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 this Agreement with DENTON It is further agreed that if claim or liability shall anse from the joint or concurring 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 waiver by either party of any defenses available to it 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 parties hereto The fact that PONDER and DENTON accept certain responsibilities relating to the collection and impounding of dogs and cats under this Agreement as part of their responsibility for providing protection for the public health and welfare and, therefore, makes it 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 waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims ansing from the exercise of governmental functions The term of this Agreement shall be for a period of one (1) year, commencing as of October 1, 2001 and ending September 30, 2002 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if PONDER and ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT— PONDER PAGE 3 OF 5 S `Our DxwmlACanuicuWllpoMa Wmtl uwm4Lac DENTON agree in writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term, provided, however, either parry may terminate this Agreement upon thirty (30) days written notice to the other This Agreement represents the entire and integrated 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 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 remain valid and in full force and effect to the extent possible 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 certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect EXECUTED induplicate originals this the O � /1 �` day of 2001 CITY OF DENTON, TEXAS BY 4C/�- EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT — PONOER PAGE 4 OF 5 u9 Wm OxummuKmuamfUl`Pomkr WmtlwmW Ax APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ATTEST CITY SECRETARY AS TO LEGAL FORM CITY m CITY OF PONDER, TEXAS i fI E ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT- PONDER PAGE 5 OF 5