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2000-150O INaNCE NO qOO-l h 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 SECTION I That the Mayor is hereby authorized to execute an Agreement between the C~ty of Denton and the City of Aubrey for the xmpoundment and thsposlt~on of dogs and cats ("Agreement"), a true and correct copy of which ~s attached hereto and incorporated by reference herem SECTION II That the City Council authorizes the collection of all fees as provided pursuant to the prows~ons of smd Agreement SECTION III That th~s orchnance shall become effective ~mmethately upon ~ts passage and approval PASSED AND APPROVED thls the /~¢dayof ~_/1~ff~. ,2000 JAC~4tLLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY S \Our Documents\Or dmanc© s\OOL~.ubmy Ammal Control Ord doc STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT 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 (hereafter called "Aubrey") WHEREAS, Denton and Aubrey are both local governments with the authority and power to contract, and WHEREAS, Denton is engaged in the services of holding and chsposmg 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 &sposmon of dogs and cats and has in its employ trmned personnel whose duties are related to the use of such factht~es and equipment, and WHEREAS, Aubrey desires to obtmn impoundment and disposition services for dogs and cats rendered by Denton, as more fully hereafter described, for the benefit of the residents of Aubrey, Texas, and WHEREAS, Aubrey and Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Inteflocal Cooperation Act and contract pursuant thereto, and WHEREAS, Aubrey and Denton have the authority to perform the services set forth m this Agreement individually in accordance with Texas Government Code §791 011(c), and WHEREAS, Aubrey will make all payments for services out of avmlable current revenues and Denton agrees that the payments made by Aubrey hereunder will fairly compensate it for the serwces provided, NOW, THEREFORE, Aubrey and Denton, for the mutual consideration hereinafter stated, agree as follows A COVENANTS OF THE CITY OF DENTON Hol&ng of Dogs and Cats Denton agrees to accept and hold dogs and cats lawfully impounded by anthonzed representatives of Aubrey under the following terms and eonchtions B 1) 2) 3) 4) 5) Holding Penod for Dogs and Cats Denton agrees to hold such dogs and cats for a period of 96 hours from the tame they are accepted by the Animal Control Center an order to allow the owners of the ~mpounded ammal a reasonable amount of tame to reclaim the impounded animal If the ammal xs not reclatmed within the 96-hour period, the ownershxp of the ammal shall revert to the Ammal Control Center Ammals wall be humanely destroyed or placed for adoptxon at the discretion of the Animal Control staff Holding Fees for Impounded Dogs and Cats For the purpose of this Agreement, Denton wall charge fifteen dollars ($15 00) for first day or part of a day and five dollars ($5 00) for each subsequent day holding fee that an animal as held at the Animal Control Center In determining the meaning of the term "ammal" as used herein, at as agreed that a pregnant animal which has ~ts latter whale being held, or an animal which as nursing its latter and as bmng kept m the same cage, will be considered one anmaal for the assessment of charges provided for in this Agreement This fee wall be assessed agmnst the owner of the ammal at the time the animal as reclaimed No ammal wall be released until all apphcable fees are paid ~n full Holding of Quarantine Animals Denton agrees to accept and hold rabid suspects quarantine for Aubrey when condttlons permit, and such action as authorized by representative of Aubrey Holding Fees for Quarantined Animals The holding fee for quarantined animals shall be fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day that the animal ~s held Head Shipments and Rabies Testing Upon request of Aubrey, Denton wall provide for the removal and slupment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health The fee for th~s servme shall be thirty-five dollars ($35 00) for each head shipped COVENANTS OF THE CITY OF AUBREY 1) Financial Responslbthties In order to reimburse Denton for its costs incurred under this Agreement, Aubmy agrees to pay for the holding fees and euthanasia fees on dogs and cats received from Aubrey or ~ts authorized agent if the animal(s) as not reclaimed by the owner These fees wall be assessed on the following bas~s a Euthanlzed Ammal fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day holding fee for each animal as determined herean, plus $15 00 euthanasia fee b Adopted Animal Adopted Animal fifteen dollars ($15 00) for the first day or part of a day and five dollars ($5 00) for each subsequent day holding fee for each animal as determined herein c Head Shipments $35 00 shipping fee Page 2 2) Denton will collect impound fees duly authorized by Aubrey and as specffied an th~s paragraph from the owners of dogs and cats receaved from Aubrey Impound fee momes wall be applaed to fees owed Denton by Aubrey for anamals not reclmmed by the owner IMPOUND FEE 1st Impoundment - $20 00 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $70 00 3) Aubrey agrees payment shall be made wlthan 45 days ofrecexpt ofanvoace by Aubrey 2 Denton agrees to and accepts full respons~b]hty for the acts, neghgence, and/or omissions of all Denton's employees and agents, Denton's subcontractors and/or contract laborers doang work under a contract or agreement wath Denton an performance of fins Agreement with Aubrey Aubrey agrees to and accepts full responsxbahty for the acts, neghgence, and/or omlssaons of all Aubrey's employees and agents, Aubrey's subcontractors and/or contract laborers domg work under a contract or agreement w~th Aubrey m performance ofth~s Agreement with Denton It ~s further agreed that xf clam or habfl~ty shall arise from the jmnt or concurnng neglagence of both part~es hereto, it shall be borne by them comparatively in accordance wath the laws of the State of Texas Thxs paragraph shall not be construed as a waver by eather party of any defenses available to ~t under the laws of the State of Texas It as understood that at ~s not the antentxon of the pames hereto to create hablhty for the benefit of third partaes, but that th~s Agreement shall be for the benefit of the part, es hereto The fact that Aubrey and Denton accept certan responslbfl~t~es relating to the collection and ampoundang of dogs and cats under this Agreement as part of thear responsabthty for provldmg proteetaon for the publac health and welfare and, therefore, makes it amperat~ve that the performance of these wtal servaces be recogmzed as a governmental ammunaty shall be, and as hereby invoked to the full extent possible under the law Neither Denton nor Aubrey waves or shall be deemed hereby to wave any ammumty or defense that would otherwise be avalable to at agmnst the clams ansmg from the exercase of governmental fimctlons 4 The term of thts Agreement shall be for a period of one year, eommencang as of February 1, 2000 and ending January 31, 2001 Thereafter, thas Agreement shall be renewed for successave addmonal one year terms commencang on February 1 of each year if Aubrey and Denton agree an writing on or before the first day of February to a successave term and the amount of Page 3 consideration to be paid hereunder for each successive term, provided, however, either party may terminate this Agreement upon 30 days' written notice to the other 5 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 Th~s Agreement and any of its terms or provisions, as well as the rights and duties of the part,es hereto, shall be governed by the laws of the State of Texas 7 In the event that any port,on of this Agreement shall be found to be contrary to law, ~t ~s the ~ntent of the parties hereto that the remmmng 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 thru 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 /~ day of'~ '',(~- ,2000 CITY OF DENTON, TEXAS JACK I~I~, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPRVOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY~ ATTORNEY Page 4 CITY OF AUBREY, TE~ ATTEST CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY BY Page 5