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1998-125AN 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 COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the Mayor lS hereby authorized to execute an Agreement between the C~ty of Denton and the C~ty of Aubrey for the ~mpoundment and chspos~t~on of dogs and cats ("Agreement"), a tree and correct copy of which ~s attached hereto and ~ncorporated by reference herem T~ff~LQ]~[~ That the C~ty Council authorizes the collection of all fees as prowded pursuant to the prowmons of smd Agreement ~ That flus ordinance shall become effective lmmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the/~l~ day of //J~t~. ,1998 JACK~LER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY F Xshared\dept\LOL\Our Documents\Ordlnances\98~Aubrey Ammal Control Ord doe ORIGINAL THE STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § Tbas agreement made and entered into by and between the City of Denton, Texas, acting hereto by and through its Mayor, duly anthonzed by resolution of the City Council of smd 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 smd City (hereinafter called AUBR~Y) WHEREAS, DENTON and AUBREY are both local governments with anthonty 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 m its employ trmned personnel whose duties are related to the use of such faclhties and equipment, and WHEREAS, AUBREY desn:es to obtain impoundment and chspomt~on sermces 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 anthonty to perform the services set forth m the Agreement individually m accordance with the Texas Government Code §791 011(c)(2), and WHEREAS, AUBREY wall make all payments for services out of current available revenues and DENTON agrees that the payments made by AUBREY hereunder wall fairly compensate it for the services performed, NOW, THEREFORE, DENTON and AUBREY, for the mutual consideration hereinafter stated, agree as follows A Covenants of DENTON 1 Holding, of Doss 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 Holdms period for Doss and Cats DENTON agrees to hold such dogs and cats for a period of mnety-six (96) hems from the tame they are accepted by the Ammal Control Center m order to allow the owners of the mapounded animal a reasonable amount of tame to reclaim the impounded ammal If the ammal is not reclaimed witlun the mnety-sm hour period, the ownerslup of the ammal shall revert to DENTON and the ammal will be held for adoption or humanely destroyed Animals will be humanely destroyed at the discretion of the Health Services Manager b Holdms Fees for Imt~ounded Doss For the purpose of this Agreement, DENTON will charge Six Dollars ($6 00) per day holding fee for each day that an ammal is held at the Center In determining the meamng of the term "ammal", as used herein, it is agreed that a pregnant ammal wlmch has its litter while being held, or an animal wluch is nursing its litter and is being kept in the same cage, will be considered one ammal for the assessment of charges prowded for in this Agreement This fee will be assessed against the owner of the ammal at the time the ammal is reclaimed No annnal will be released until all applmable fees are paid m full c Holdm~ of Ouarantmed Ammals DENTON agrees to accept and hold rabid suspects in quarantine for AUBREY when conditions permit, and such action is anthonzed by a representative of AUBREY d Hokhn~ Fees for Ouaranuned Ammals The holding fee for quarantined ammals shall be Seven Dollars ($7 00) per day for each day that the ammal is held e Head Shmments and Rabies Testans Upon request of AUBREY, DENTON will provide for the removal and stupment of the heads of rabid suspects for chmcal rabies testing at the Texas Department of Health The fee for this service shall be Tturty-Flve Dollars ($35 00) for each head sinpped B Covenants of AUBREY 1 F,nan~l,tlResponsibthtv In order to reimburse DENTON for its costs incurred under this 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 anthonzed agent if an ammal is not reclaimed by its owner Fees will be assessed on the following basis City of AUBREY - Inteflocal Cooperaaon Agreement - Page 2 a Euthanized Animal: $6 00 per day holding fee for each ammal as detenmned herein plus $15 00 Euthanasia Fee b Adopted Animal: $6 00 per day holding fee for each anmaal as determined herein c I-Icad Shipments' $35 00 Shipment fee 2 DENTON wall collect tmpound fees duly anthonzed by .A. UI~EY and as specified mttus paragraph from the owners of dogs and cats received from the~ncorporated areas of AUBREY Impound fee momes will be apphed to fees owed DENTON by AUBREY for ammals not reclaimed by the owner 1st Impoundment $20 00 2"a Impoundment $30 00 3~ Impoundment $45 00 4th Impoundment $67 00 3 AUBREY agrees payment shall be made wtflun forty-five (45) days of recetpt of mvolce by AUBREY DENTON agrees to and accepts full responslbthty for the acts, negligence, and/or onusslons of all DENTON's employees, and agents, DENTON's subcontractors, and/or contract laborers doing work under a contract or agreement w~th DENTON in performance of th~s agreement wath AUBREY AUBREY agrees to and accepts full responsibility for the acts, neghgence, and/or ormsmons of all AUBREY's employees, and agents, AUBREY's subcontractors, and or/contract laborers doing work under an agreement or contract with AUBREY m performance of ttus agreem,ttt with DENTON It m further agreed that If claim or liability shall arise from the joint or concumng neghg¢lace of both partxes hereto, ~t shall be borne by them comparatively in accordance wath the laws of the State of Texas Tlus paragraph shall not be construed as a waiver by either party of any defenses avadable to it under the laws of the State of Texas It is understood that it is not Ctty of AUBREY - Interlocal Cooperation Agreement - Page 3 the intention of the parties hereto to create liability for the benefit of tinrd parties, but that this agreement shall be for the benefit of the part~es hereto Section III The fact that DENTON and AUBREY accept certain respons~blhttes relating to the collection and impounding of dogs and cats under this agreement as a part of their respons~inhty for prov~chng protection for the public health and welfare makes it imperative that the performance of these vital services be recogrnzed as governmental functton and that the doctnne of governmental lmmurnty shall be, and is hereby invoked to the full extent possible under the law Neither DENTON nor AUBREY wmves or shall be deemed hereby to waive, any immumty or defense that would otherwtse be available to it against claims arising from the exercise of governmental functions Section IV The term of tins Agreement shall be for a period of one (1) year commencing as of February 1, 1998 and ending January 31, 1999 Thereafter, this Agreement shall be renewed for successive add~ttonal 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 prod hereunder for each successive term, prowded, however, that e~thcr party may terminate th~s Agreement, upon tfurty (30) days written not,ce to the other TI'ns Agreement represents the entire and integrated agreement between DENTON and AUBREY and supersedes all prior negotiat~ons, representations, and/or agreements either written or oral Th~s agreement may be amended only by written instrument s~gned by both DENTON and AUBREY Seetaon VI, Tins 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 portton of tins 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 understgned officer and/or agents of the part,es 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 cerhfies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect C~ty of AUBREY - Interlocal Cooperataon Agreement - Page 4 EXECUTED m duphcate originals on ttus the/_~7~ day of _ /~ ,19~ CITY OF DENTON CITY OF AUBREY ATTEST ATTES ]? JENNIYER WALTERS, CITY SECRETARY CiT,Z T V APPROVED AS TO LEGAL FORM APPROVED AS TO FORM HERBERT L PROUTY, CITY ATTORNEY CITY ATTORNEY f ',shared~eontraets'~AUBREY ammal control doe City of AUBREY - Interlocal Cooperation Agreement - Page 5