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1988-0292102L NO 1L0_IU 3 AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE TOWN OF LITTLE ELM FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS, AND DECLARING AN EFFECTIVE DATA, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the Town of Little Elm for impoundment and disposition services for dogs and cats, a copy of which is attached hereto and incorporated by reference herein SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the - day of 1988 RAY ST. dbHLrNS, M YOR ATTEST P J ASTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY % BY 2102L THE STATE OF TEXAS S COUNTY OF DENTON S INTERLOCAL COOPERATION AGREEMENT This Agreement is made and entered by and between the Town of Little Elm, a municipal corporation of Denton County, Texas, hereinafter referred to as "TOWN OF LITTLE ELM", and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as "CITY" WHEREAS, TOWN OF LITTLE ELM is a municipal corporation, duly organized and operating under the laws of the State of Texas and CITY is a home rule municipal corporation, duly organized and operating under the laws of the State of Texas and CITY is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of the Denton, and WHEREAS, CITY is the owner and equipment designed for the sition of dogs and cats and has whose duties are related to equipment, and of certain vehicles, facilities transporting, holding and dispo- in its employ trained personnel the use of such vehicles and WHEREAS, TOWN OF LITTLE ELM desires to obtain impoundment and disposition services for dogs and cats rendered by CITY, as more fully hereafter described, for the benefit of the residents of the TOWN OF LITTLE ELM, Texas, 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, TOWN OF LITTLE ELM and CITY mutually desire to be subject to the provisions of Tex Rev Civ Stat Art 4413 (32c), The Interlocal Cooperation Act and contract pursuant thereto, NOW, THEREFORE, TOWN OF LITTLE ELM and CITY, for the mutual consideration hereinafter stated, agree as follows I A COVENANTS OF THE CITY 1 Holding of Dogs and Cats The CITY agrees to accept and hold dogs and cats lawfully impounded by authorized repre- sentatives of TOWN OF LITTLE ELM and to accept and hold dogs and cats that have been lawfully impounded and brought to and released to the Center from authorized representatives of the TOWN OF LITTLE ELM under the following terms and conditions (a) Holding Period for Dogs and Cats The CITY 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, unless such animal is released to the Center by the animal's owner, 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 (96) hour period, the ownership of the animal shall revert to the CITY and the animal will be held for adoption or humanely destroyed Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor (b) Holding Fees for Impounded Dogs For the purposes of this Agreement, CITY will charge Six Dollars ($6 00) per day holding fee for each day that an animal is held at the Center This fee will be assessed against the owner of the animal 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 CITY agrees to accept and hold rabid suspects in quarantine for TOWN OF LITTLE ELM when conditions permit, and such action 1s authorized by a representative of TOWN OF LITTLE ELM (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 TOWN OF LITTLE ELM, CITY 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 TOWN OF LITTLE ELM 1 Financial Responsibility in order to reimburse the CITY for its costs incurred under this Agreement, the TOWN OF LITTLE ELM agrees to pay for the holding fees and euthanasia fees on all dogs and cats received from the TOWN OF LITTLE ELM or its authorized agent if the animal(s) is not reclaimed by its owner These fees will be assessed on the following basis (a) Euthanized Animal $6 00 per day holding fee for four (4) days for each animal $24 00 PAGE 2 $7 00 Euthanasia Fee $ 7 00 Total Fee (b) Adopted Animal $31 00 $6 00 per day holding fee for four (4) days for each animal $24 00 (c) Head Shipments $35 00 2 TOWN OF LITTLE ELM agrees payment shall be made within forty-five (45) days of receipt of invoice by the TOWN OF LITTLE ELM II CITY agrees to and accepts full responsibility for the acts, negligence, 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 said CITY TOWN OF LITTLE ELM agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of TOWN OF LITTLE ELM'S employees, and agents, TOWN OF LITTLE ELM'S subcontractors, and/ or contract laborers doing work under an agreement or contract with TOWN OF LITTLE ELM in performance of this agreement with CITY It is further agreed that if a claim for damages or liability shall arise 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 III The fact that the TOWN OF LITTLE ELM and CITY accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsi- bility 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 function and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law Neither CITY nor TOWN OF LITTLE ELM waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions PAGE 3 IV The term of this Agreement shall be for a period of one (1) year commencing as of October 1, 1987 and ending September 30, 1988 Thereafter, this Agreement shall be renewed for succes- sive additional one (1) year terms commencing on October 1 of each year if the TOWN OF LITTLE ELM and CITY 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 party may terminate this Agreement, upon thirty (30) days written notice to the other V This agreement represents the entire and integrated agreement between CITY and TOWN OF LITTLE ELM and supersedes all prior negotiations, representations and/or agreements, either written or oral This agreement may be amended only by written instru- ment signed by both CITY and TOWN OF LITTLE ELM 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 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 VIII 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 in duplicate originals this the prod day of :jgj 11, 1988 CITY OF DENTON BY k " ~ RAY S ENS, MAYOR PAGE 4 ATTEST r J NI Em ALTERS, CITY SECRETARY PPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCB, CITY ATTORNEY BY Zy///~`~ TOWN OF LITTLE ELM BY ~ MAYOR, TOWN OF LITTLE ELM ATTEST ~~E1c5~d~ 7 TOWN SECRETARY APPROVED AS TO LEGAL FORM ATTORNEY FOR TOWN OF LITTLE ELM BY PAGE 5