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2000-037 ORDINmCE NO d gF - q AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS 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 ~ That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Lake Dallas for the impoundment and dlsposmon of dogs and cats, a copy of which is attached hereto and incorporated by reference hereto ~ That the City Council authorizes the collectmn of all fees as prowded pursuant to the provisions of smd Agreement ~ That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED tins the J ~ day of~, 1999 JACI(~I~LL'ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY BY~~ doc F \sharedklept\LGL\Our Documents\Ordman¢¢s\~,e~alce aanas ammal control STATE OF TEXAS § § 1NTERLOCAL 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 ordinance of the City Council of smd City (hereinafter called "Denton"), and the City of Lake Dallas, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of smd City (hereafier called "Lake Dallas") WHEREAS, Denton and Lake Dallas 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 certmn faclhtles and equipment designed for the holding and disposition of dogs and cats and has in its employ trmned personnel whose duties are related to the use of such facilities and equipment, and WHEREAS, Lake Dallas desires to obtmn impoundment and dlsposmon services for dogs and cats rendered by Denton, as more fully hereafter described, for the benefit of the residents of the City of Lake Dallas, Texas, and WHEREAS, Lake Dallas 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, Lake Dallas and Denton have the authority to perform the services set forth in this Agreement individually in accordance with Texas Government Code §791 01 l(c), and WHEREAS, Lake Dallas will make all payments for services out of avmlable current revenues and Denton agrees that the payments made by Lake Dallas hereunder will fairly compensate it for the services provided, NOW, THEREFORE, the City of Lake Dallas and the City of Denton, for the mutual consideration hereinafter stated, agree as follows I A COVENANTS OF THE CITY OF DENTON 1 Holam~ of Dogs and Cats Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of Lake Dallas under the following terms and conditions a Holding Period for Do~,s and Cats Denton agrees to hold such dogs and cats for a period of ninety-slx (96) hours from the time they are accepted by the Ammal Control Center in order to allow the owners of the impounded animal a reasonable mount of t~me to reclaim the impounded animal If the animal is not reclaimed w~thln the ninety-six (96) hour period, the ownership of the ammal shall revert to the Ammal Control Center Animals will be humanely destroyed or placed for adoption at the discretion of the Ammal Control staff b Holdmg Fees for Imnounded Do~,s and Cats For the purpose of this Agreement, Denton will charge Fifteen ($15 00) dollars for the first day or part of a day and Five ($5 00) dollars for each subsequent day hol&ng fee that an animal ~s held at the Animal Control Center In determ~mng the meaning of the term "animal" as used here~n, ~t is agreed that a pregnant animal whmh has its htter wh~le being held, or an animal which ~s nursing ~ts htter and ~s being kept ~n the same cage, will be considered one animal for the assessment of charges provided for in th~s Agreement Th~s fee will be assessed agmnst the owner of the ammal at the t~me the animal ~s reclmmed No ammal will be released until all applicable fees are prod in full c H01dm~' of Ouarantlne Animals Denton agrees to accept and hold rabid suspects m quarantine for Lake Dallas when con&tlons permit, and such action ~s anthonzed by a representative of Lake Dallas d Holrhn~ Fees for Ouarantlned Animals The holding fee for quarantined ammals shall be Fifteen ($15 00) dollars for the first day or part of a day and Ftve ($5 00) for each subsequent day that the animal ~s held e Head Sluoments and Rabies Testm~ Upon request of Lake Dallas, Denton wall provide for the removal and shipment of heads of rabid suspects for chmcal rabies testing at the Texas Department of Health The fee for this serwce shall be thirty- five dollars ($35 00) for each head shipped B COVENANTS OF THE CITY OF LAKE DALLAS 1 Fmanmal Res~ons~bdmes In order to reimburse Denton for ~ts costs incurred under tlus Agreement, Lake Dallas agrees to pay for the holding fees and euthanasia fees on dogs and cats received from Lake Dallas or ~ts authorized agent ~fthe animal(s) is not reclmmed by the owner These fees wall be assessed on the following basis a EuthamzedAnlmal $15 00 for the first day or part of a day and $5 00 for each subsequent day holdmg fee for each ammal as determined here~n, plus $15 00 euthanasia fee Page 2 b Adopted Animal $15 00 for the first day or part of a day and $5 00 for each subsequent day holdmg fee for each animal as determined here~n c Head Shipments $35 00 sfupp~ng fee 2 Denton will collect ~mpound fees duly authorized by Lake Dallas and as spemfied m tfus paragraph from the owners of dogs and cats received from Lake Dallas Impound fee momes wall be apphed to fees owed Denton by Lake Dallas for animals not reclmmed by the owner mP FEE 1st Impoundment - $20 00 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $70 00 3 Lake Dallas agrees payment shall be made w~thm forty-five (45) days of receipt of ~nvome by Lake Dallas II Denton agrees to and accepts full respons~bthty for the acts, neghgence, and/or omtss~ons of all Denton's employees and agents, Denton's subcontractors and/or contract laborers doing work under a contract or agreement w~th Denton m performance of th~s Agreement w~th Lake Dallas Lake Dallas agrees to and accepts full respons~bthty for the acts, neghgence, and/or omissions of all Lake Dallas's employees and agents, Lake Dallas's subcontractors and/or contract laborers dmng work under a contract or agreement w~th Lake Dallas ~n performance of tfus Agreement w~th Denton It is further agreed that ~f clmm or habthty shall arise from the joint or concumng neghgenee of both part, es hereto, ~t shall be borne by them comparatively ~n accordance w~th the laws of the State of Texas Th~s paragraph shall not be construed as a waiver by e~ther party of any defenses available to ~t under the laws of the State of Texas It ~s understood that ~t ~s not the ~ntent~on of the part,es hereto to create habdtty for the benefit of third part,es, but that th~s Agreement shall be for the benefit of the part~es hereto III The fact that Lake Dallas and Denton accept certain respons~b~httes relatmg to the collection and ~mpounchng of dogs and cats under tfus Agreement as part of their respons~b~hty for providing protection for the pubhc health and welfare and, therefore, makes it ~mperat~ve that the performance of these wtal serv,ces be recognized as a governmental lmmumty shall be, and ~s hereby revoked to the full extent possible under the law Neither Denton nor Lake Dallas waives or shall be deemed hereby to waive any ~mmumty or defense that would otherwise be available to it against the claims anmng from the exermse of governmental functions Page 3 IV The term of this Agreement shall be for a period of one (1) year, commencing as of December 1, 1999 and endsng November 30, 2000 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on December 1 of each year if Lake Dallas and Denton agree in writing on or before the first day of December to a successive term and the amount of consideration to be pard hereunder for each successive term, provided, however, either party may termmate this Agreement upon thirty (30) days written notice to the other V This Agreement represents the entire and integrated agreement between Denton and Lake Dallas 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 Lake Dallas 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 remmn valid and in full force and effect to the extent possible VIII The undersigned 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 certifies to the other that any necessary resolutions/ordinances extending said authontylhave been duly passed and are now m full force and effect EXECUTED In duplicate onglnals this the J~_ day of u../,~o~t/.~./t~ ,1999 CITY OF DENTON, TEXAS BY JA~ Page 4 ATTEST JENNIFER WALTERS, CITY SECRETARY API~OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF LAKE DALLAS, TEXAS f ('OR ATTEST CITY SECRETARY ..,,! BY - APPROVED O EGAL FO~ CITY ATTO~Y BY Page 5