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2000-347 O INANCENO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION 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 1 That lho Mayor, or m his absonco tho Mayor ProTom, m horoby anthonzcd to ox¢cut¢ an Interlocal Cooporat~on Agromncnt botwoon tho C~ty of Donton and Donton County for tho ~mpotmdm~nt and disposition of dogs and cats, substantially m tho form of tho copy of which m attachod heroto and incorporated by roforcnc¢ hormn SECTION 2 That tho C~ty Cotmcfl anthonzos tho colloctlon of all foos as provldod pursuant to tho prows~ons of smd Agr¢omont SECTION 3 That this ordmanco shall bocomo offoctlv¢ immediately upon Its passage and approval PASSED AND APPROVED th~s tho .~'~(~ day of ~ ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § Thas Agreement made and entered anto by and between the Caty of Denton, Texas, actang here~n by and through ars Mayor, duly authorized by resolution of the C~ty Councal of said C~ty (hereinafter called "CITY"), and the County of Denton, Texas, acting herean by and through ~ts County Judge, duly authorized by court order of the Commassaoners Court of Denton County, Texas (hereafter called "COUNTY") WHEREAS, CITY and COUNTY are both local governments w~th the authority and power to contract, and WHEREAS, CITY xs engaged an the servaees of holdang and d~sposmg of dogs and cats for the benefit of the cmzens of Denton, and WHEREAS, CITY as the owner of certain facalmes and equipment desagned for the holding and dasposxtaon of dogs and cats and has an ~ts employ trained personnel whose dutaes are related to the use of such facahtaes and equapment, and WHEREAS, COUNTY desares to obtaan ampoundment and dxspos~tlon serwees for dogs and cats rendered by CITY, as more fully hereafter described, for the benefit of the resadents of the Denton County, Texas, and WHEREAS, COUNTY and CITY mutually desare to be subject to the provas~ons of Texas Government Code, Chapter 791, the Interlocal Cooperauon Act and contract pursuant thereto, and WHEREAS, COUNTY and CITY have the authority to perform the servxees set forth an th~s Agreement andawdually xn accordance wxth Texas Government Code §791 01 l(c), and WHEREAS, COUNTY wall make all payments for servxces out of available current revenues ~and CITY agrees that the payments made by COUNTY hereunder will faarly compensate at for the serwces provaded, NOW, THEREFORE, the COUNTY and the CITY, for the mutual consxderatxon hereinafter stated, agree as follows 1 A COVENANTS OF THE CITY OF DENTON 1 Holdang of Dogs and Cats CITY agrees to accept and hold dogs and cats lawfully ampounded by anthonzed representatxves of COUNTY under the following terms and condltaons a Hokhng Penod for Dogs and Cats CITY agrees to hold such dogs and cats for a penod of ninety-six (96) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the ~mpounded animal a reasonable amount of time to reclmm the impounded animal If the animal IS not reclaimed within the ninety-six (96) hour period, the ownership of the ammal shall revert to the Animal Control Center Ammals will be humanely destroyed or placed for adoption at the d~scretlon of the Animal Control staff b Holdmg Fees for Impounded Dogs and Cats For the purpose of this Agreement, CITY will charge Fifteen Dollars ($15 00) for first day or part of a day and F~ve Dollars ($5 00) for each subsequent day holding fee that an ammal ~s held at the Ammal Control Center In determining the meaning of the term "ammal" as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing ~ts htter and ~s being kept in the same cage, will be considered one animal for the assessment of charges prowded for in th~s Agreement This fee will be assessed against the owner of the animal at the tune the animal is reclaimed No animal will be released until all apphcable fees are paid in full c Hold~ng of Ouarantme Animals CITY agrees to accept and hold rabid suspects in quarantine for COUNTY when condmons permit, and such action is authorized by a representative of COUNTY d Holding Fees for Quarantined Animals The holding fee for quarantined ammals shall be Fifteen Dollars ($15 00) for the first day or part ora day and Five Dollars ($5 00) for each subsequent day that the animal is held e Head Shmments and Rabies Testing Upon request of COUNTY, CITY will provide for the removal and shipment of heads of rabid suspects for chnlcal robins testing at the Texas Department of Health The fee for th~s service shall be Thirty-five Dollars ($35 00) for each head sh~pped B COVENANTS OF DENTON COUNTY 1 Financial Responslbthties In order to reimburse CITY for ~ts costs incurred under thts Agreement, COUNTY agrees to pay for the holding fees and euthanasia fees on dogs and cats received from COUNTY or ~ts authorized agent ~f the animal(s) ~s not reclmmed by the owner These fees will be assessed on the follow~ng basis a Euthanized Animal Fifteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day holding fee for each animal as determined here~n, plus Fifteen Dollars ($15 00) euthanasm fee ANIMAL CONTROL INTERLOCAL COO?IiRATION AGREEMENT -- COUNTY PAGE 2 OF 5 b Adopted Animal Adopted Ammal F~fteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day holding fee for each animal as determined heretn c Head Shipments Th~rty-five Dollars ($35 00) sh~pp~ng fee 2 CITY w~ll collect ~mpound fees duly authorized by COUNTY and as spemfied ~n th~s paragraph from the owners of dogs and cats received from COUNTY Impound fee momes will be apphed to fees owed CITY by COUNTY for animals not reclmmed by the owner IMPOUND FEE 1st Impoundment - $20 00 2nd Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $70 00 3 COUNTY agrees payment shall be made w~th~n forty-five (45) days of receipt of ~nvo~ce by COUNTY 2 CITY agrees to and accepts full responmbd~ty for the acts, negligence, and/or omms~ons of all CITY's employees and agents, CITY's subcontractors and/or contract laborers dmng work under a contract or agreement with CITY in performance of this Agreement w~th COUNTY COUNTY agrees to and accepts full respons~bthty for the acts, neghgence, and/or om~sslons of all COUNTY's employees and agents, COUNTY's subcontractors and/or contract laborers doing work under a contract or agreement w~th COUNTY in performance of th~s Agreement w~th CITY It is further agreed that ~f claim or habd~ty shall arise from the joint or concumng neghgence 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 wanver 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 habthty for the benefit of third parties, but that th~s Agreement shall be for the benefit of the parhes hereto 3 The fact that COUNTY and CITY accept certmn respons~bthtms relating to the collection and ~mpoundlng of dogs and cats under th~s Agreement as part of their respons~bd]ty for prowd~ng protection for the pubhc health and welfare and, therefore, makes ~t ~mperatlve that the performance of these wtal servmes be recogmzed as a governmental ~mmumty shall be, and is hereby invoked to the full extent possible under the law Neither CITY nor COUNTY wmves or shall be deemed hereby to wmve any ~mmun]ty or defense that would otherwise be avadable to ~t agmnst the clmms arising from the exermse of governmental funcuons ANIMAL CONTROL INTBRLOCA L COOP}/RATION AGREEMENT -- COUNTY P^G~ 3 or 5 4 The term 6fth~s Agreement shall be for a period of one (1) year, commenmng as of October 1, 2000 and ending September 30, 2001 Thereafter, th~s Agreement shall be renewed for successive additional one (1) year terms commenmng on October 1 of each year ~f COUNTY and CITY agree ~n writing on or before the first day of October to a successive term and the amount of consideration to be prod hereunder for each successive term, prowded, however, e~ther party may terminate thru Agreement upon thirty (30) days written notme to the other 5 Th~s Agreement represents the entire and ~ntegrated agreement between CITY and COLrNTY and supersedes all prior negotmt~ons, representations, and/or agreements, e~ther written or oral Th~s Agreement may be amended only by written instrument s~gned by both CITY and COUNTY 6 Th~s Agreement and any of ~ts terms or prows~ons, as well as the rights and duties of the parttes hereto, shall be governed by the laws of the State of Texas 7 In the event that any portion of th~s Agreement shall be found to be contrary to law, ~t is the ~ntent of the part, es hereto that the remmmng portions shall remmn valid and ~n full force and effect to the extent possible 8 The undersigned officer and/or agents of the pames hereto are the properly authorized officials and have the necessary authority to execute thts Agreement on behalf of the part,es hereto, and each party hereby certffies to the other that any necessary resolutions extending smd authority have been duly passed and are now ~n full force and effect EXECUTED ~n duphcate originals thas the c.~ -- day of , 2000 CITY OF DENTON, TEXAS By ~.~ ~"r-~ EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DENT~~ ~%~ummoo KIRK WILSON ATTEST ~ - ~ ~- DENTON CO~TY CLE~ ~PROVED AS TO LEG~ FO~ DIST~CT ATTO~Y