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HomeMy WebLinkAbout1999-115ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY 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 $ACTION I. That the Mayor is hereby authorized to execute an Agreement between the City of Denton and the City of Aubrey for the impoundment and disposition of dogs and cats ("Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein SECTION II. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement SEECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this theCOlfl day of , 1999 v" JA ILLER, MAYOR ATTEST BY AA AP�. OVED AS TO LEGAL FORM F \shared\dept\LGL\Our Documents\Ordinances\99\Aubrey Annmal Control Ord doe THE STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON This agreement made and entered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called DENTON) and the City of Aubrey, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City (hereinafter called AUBREY) WHEREAS, DENTON and AUBREY are both local governments with authority and power to contact, 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, AUBREY desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the City of AUBREY, and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, DENTON and AUBREY 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 AUBREY have the authority to perform the services set forth in the Agreement individually in accordance with the Texas Government Code §791 011(c)(2), and WHEREAS, AUBREY will make all payments for services out of current available revenues and DENTON agrees that the payments made by AUBREY hereunder will fairly compensate it for the services performed, NOW, THEREFORE, DENTON and AUBREY, for the mutual consideration hereinafter stated, agree as follows Section I A Covenants of DENTON 1 Holding of Dogs and Cats. DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of AUBREY under the following terms and conditions a Holding period for Does and Cats DENTON 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 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 reclaimed within the ninety-six hour period, the ownership of the animal shall revert to DENTON and the animal will be held for adoption or humanely destroyed Animals will be humanely destroyed at the discretion of the Health Services Manager b Holding Fees for Impounded Dogs 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 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 ammal 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 applicable fees are paid in full c Holding of Quarantined Animals DENTON agrees to accept and hold rabid suspects in quarantine for AUBREY when conditions permit, and such action is authorized by a representative of AUBREY d Holding Fees for Quarantined Animals The holding fee for quarantined animals shall be Seven Dollars ($7 00) per day for each day that the animal is held e Head Shipments and Rabies Testing, Upon request of AUBREY, DENTON will provide for the removal and shipment of the 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 AUBREY 1 Financial RejgonsLd-fly, In order to reimburse DENTON for its costs incurred under tlus Agreement, AUBREY agrees to pay for holding and euthanasia fees on dogs and cats received from the incorporated areas of the City of AUBREY or its authorized agent if an animal is not reclaimed by its owner Fees will be assessed on the following basis City of AUBREY — Interlocal Cooperation Agreement — Page 2 a Euthanized Animal: $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 animal as determined herem c Head Shipments: $35 00 Shipment fee 2 DENTON will collect impound fees duly authorized by AUBREY and as specified in this paragraph from the owners of dogs and cats received from the incorporated areas of AUBREY Impound fee monies will be applied to fees owed DENTON by AUBREY for animals not reclaimed by the owner IMPOUND FEE 1st Impoundment $20 00 2"d Impoundment $30 00 P Impoundment $45 00 4th Impoundment $67 00 3 AUBREY agrees payment shall be made within forty-five (45) days of receipt of invoice by AUBREY Section II. 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 AUBREY AUBREY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all AUBREY's employees, and agents, AUBREY's subcontractors, and or/contract laborers doing work under an agreement or contract with AUBREY 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 City of AUBREY — Interlocal Cooperation Agreement — Page 3 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 Section III. The fact that DENTON and AUBREY 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 unperative that the performance of these vital services be recognized as governmental function and that the doctrine of governmental immunity shall be, and is hereby invoked to the full extent possible under the law Neither DENTON nor AUBREY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims ansing from the exercise of governmental functions Section IV. The term of this Agreement shall be for a period of one (1) year commencing as of February 1, 1999 and ending January 31, 2000 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on February 1st of each year if DENTON and AUBREY agree in writing on or before the first day of February to be a successive term and the amount of consideration to be paid hereunder for each successive term, provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other Section V This Agreement represents the entire and integrated agreement between DENTON and AUBREY 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 AUBREY 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 Section 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 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 City of AUBREY — Interlocal Cooperation Agreement — Page 4 EXECUTED in duplicate onginals on tlus the � day of 1994 CITY OF DENTON ATTEST JENINIIFER WALTERS,,/CITY SSSECRETARY/ BY \ IL ill do11 U/�X�/aT�, APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY M P �ihve&&PdLGUOurUop WXCMMW%9MuMry Animal Cmtrol dw CITY OF AUBREY BY ATTEST APPROVED AS TO FORM CITY ATTORNEY City of AUBREY — Interlocal Cooperation Agreement — Page 5