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1996-264A \COUNTY ANI ORDINANCE NO ~ 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 ms hereby authorzzed to execute an agreement between the City of Denton and Denton County for the · mpoundment and d~sposltlon of dogs and cats, a copy of which Ks attached hereto as Exhibit "A" and incorporated by reference herein SECTION II That the City Council authorIzes the collection of all fees as provided pursuant to the provmslons of said agreement SECTION III That thls ordmnance shall become effective lmmed- mately upon its passage and approval PASSED AND APPROVED thls the /~ day of '-~, 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM ~ HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS X X INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON X Ttus agreement made and entered nato by and between the C~ty of Denton, Texas, actnag here~n by and through ~ts Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called CITY) and the COUNTY of Denton, Texas, acting hereto by and through ~ts County Judge, duly authorized by court order of the Con'mussmners Court of Denton County, Texas (herenaafter called COUNTY) WHEREA3, CITY and COUNTY are both local governments wtth authority and power to contract, and WHEREAS, CITY ~s engaged m the sennces ofhokhng and disposing of dogs and cats for the benefit of the C~tlzens of Denton, and WHEREAS, CITY is the owner of certain faed~t~es and equipment designed for the holding and d~sposmon of dogs and cats and has ~n its employ tnuned personnel whose duties are related to the use of such facilities and eqmpment, and WHEREAS, COUNTY desires to obtmn tmpoundment and d~sposltlon services for dogs and eats rendered by the City of Denton, as more fully hereatter described, for the benefit of the residents of the County of Denton, Texas, and WHEREAS, the provision of~mpotmdment and d~spos~t~on of dogs and cats ~s a governmental function that serves the pubhc health and welfare and ~s of mutual concern to the contracting parties, and WHEREAS, COUNTY and CITY mutually desire to be subject to the prows~ons of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, COUNTY and CITY, for the mutual consideration heremal~er stated, agree as follows I A COVENANTS OF CITY. 1 Holding of Dogs and Cats. CITY agrees to accept and hold dogs and cats lawfully mapounded by anthonzed representatives of the COUNTY and to accept and hold dogs and cats brought to and released to the Center from residents of the umncorporated areas of COUNTY under the following terms and conditions ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT DENTON COUNTY CITY OF DENTON - DENCOIN WPD AUGUST t4 1996 a Holdtn_~ period for Dogs and Cats. The CITY agrees to hold such dogs and cats for a period of mnety-stx (96) hours from the time they are accepted by the Animal Control Center, unless such ammal Is released to the Center by the ammal's owner, m order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded ammal If the animal IS not reclaimed wittun the mnety-slx hour period, the ownership of the animal shall revert to the CITY and the ammal wall be held for adoption or humanely destroyed Ammals will be humanely destroyed at the discretion of the Ammal Control Supe~lsor b Holding Fees for Impounded Dogs. For the purpose of ttus Agreement, CITY will charge SIX DOLLARS ($6 00) per day holding fee for each day that an ammal is held at the Center In deternumng the meaning of the term "ammal", as used hereto, tt ts agreed that a pregnant ammal which has its litter wlule being held, or an annnal which ts numng its litter and ts being kept tn the same cage, will be considered one ammal for the assessment of charges provided for in this Agreement Tlus fee will be assessed against the owner of the ammal at the time the ammal is reclaimed No ammal will be released until all applicable fees are paid in full c Holding of Ouaranttned Ammals. CITY agrees to accept and hold rabid suspects m quarantine for COUNTY when conditions permit, and such action is authorized by a representative of COUNTY d Holdmg Fees for Ouaranttned Animals. The holdmg fee for quarantmed ammals shall be SEVEN DOLLARS ($7 00) per day for each day that the ammal is held e Head Sl~pments and Rabies Testing. Upon request of COIJNTY, CITY will provide for the removal and slupment of the heads of rabid suspects for chnlcal rahes testing at the Texas Department of Health The fee for this servme shall be THIRTY-FIVE DOLLARS ($35 00) for each head shipped 2 CITY agrees to request and reqmre residence reformation from persons bnng~ng or releasing ammals to the Center m order to verify residence in the unincorporated areas of Denton County This requested information shall include a The person's address and telephone number, and b The person's written acknowledgment of their residence being tn the umncorporated area of Denton County ANIMAL CONTROL INTERLOCAL COOPERATION AGKEEMENT DENTON COUNTY CITY OF DENTON DENCOIN WPD AUGUST 14 1996 B COVENANTS OF COUNTY: 1 ~ In order to reimburse the CITY for its costs incurred under th~s Agreement, COUNTY agrees to pay for holding and euthanasia fees on dogs and cats received from the umncorporated areas of the County of Denton or its authorized agent if an anunal is not recl~umed by its owner Fees will be assessed on the following basis a Euthamzed Animal: $6 00 per day holding fee for each animal as deternuned herein plus $15 00 Euthanasia Fee b Adopted Ammal. $6 00 per day holding fee for each animal as determined herein c Head Shipments: $35 00 - Slupment fee 2 CITY will collect rmpound fees duly authorized by COUNTY and as specified in this paragraph from the owners of dogs and cats received from the umncorporated areas of the COUNTY Impound fee momes vOl be apphed to fees owed CITY by COUNTY for animals not reclaimed by the owner 1 st Impoundment - $20 00 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $67 00 3 COUNTY agrees payment shall be made within forty-five (45) days of receipt of invoice by COUNTY. II CITY agrees to and accepts full responsib~hty for the acts, neghgence, and/or omissions of all of City's employees, and agents, City's subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreement with smd COUNTY ANIMAL CONTROL INTERLOCAL COOPERATION AOKEEMENT DENTON COUNTY CITY OF DENTON DENCO1N WPD AUOUST 14 1996 COUNTY agrees to and accepts full responslbfitty for the acts, neghgence, and/or omissions of all of County's employees, and agents, County's subcontractors, and/or contract laborers doing work under an agreement or contract w~th COUNTY m performance of tins agreement w~th CITY. It ~s further agreed that ffclmm or hablhty shall arise from the joint or concurring neghgence of both patties hereto, tt shall be borne by them comparatively m accordance wtth the laws of the State of Texas Tins paragraph shall not be construed as a waiver by etther party of any defenses avmlable to ~t under the laws of the State of Texas It is understood that it ts not the mtentton of the parttes hereto to create habd~ty for the benefit of tinrd parttes, but that this agreement shall be for the benefit of the parttes hereto III The fact that COUNTY and CITY accept certmn responslbdtties relatmg to the collectton and nnpoundmg of dogs and cats under tbas agreement as a part ofthetr respons~bfitty for prov~dmg protection for the pubhc health and welfare makes it ~mperative that the performance of these v~tal services be recogmzed as governmental functton and that the doctnne of governmental immumty shall be, and ts hereby tnvoked to the full extent possible under the law Neither CITY nor COUNTY waives or shall be deemed hereby to wmve, any nnmuraty or defense that would otherv~se be avmlable to tt agatnst claims arising from the exerctse of governmental functions IV The term of tins Agreement shall be for a period of one (1) year commencing as of October 1, 1996 and endtng September 30, 1997 Therea~er, tins Agreement shall be renewed for successtve addtttonal one (1) year terms commencing on October 1 of each year tfthe COUNTY and CITY agree tn wntmg on or before the first day of October to be a successive term and the amount of consideratton to be ptud hereunder for each successxve term, provaded, however, that either party may terminate this Agreement, upon tinrty (30) days written nottce to the other V This Agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotmt~ons, representations, and/or agreements e~ther written or oral Tins agreement may be amended only by written instrument signed by both CITY and COUNTY. VI Tins agreement and any of~ts terms or proxastons, as well as the rights and duttes of the pames hereto, shall be governed by the laws of the State of Texas ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT DENTON COUNTY CITY OFDENTON DENCO1NWPD AUGUST 14 1996 VII In the event that any portion oft[us agreement shall be found to be contrary to law, 11 is the intent of the parties hereto that the remmmng portions shall remtun valid and in full force and effect to the extent possible VIII The undersigned officer and/or agents of the palsies hereto are the properly authorized officials and have the necessaE¢ authority to execute this agreement on behalf of the parties hereto, and each party hereby ceraties to the other that any necessary resolutions extending satd authority have been duly passed and are now in full force and effect EXECUTED m duplicate originals this th~/~lL~ of ,~¢~ ~e~ , 199~. DENTON COUNTY C1TY OF DENTON By: By' J Denton County Judge Ma~6r ATTEST. ATTEST' Denton County Clerk ?~.'~' ~ -~ ~  By: county /0 [U~~ APPRO~D AS TO FO~. APPRO~D AS TO FO~. ~ PROUTY C~ty Attorney Ass~st~t D~stnct A~omey C~ty Attorney DE~ONCO~Y-ClTY OFDE~ON DENCO~D