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2000-348 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTER.LOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF PONDER, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAD AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or in his absence the Mayor ProTem, ~s hereby authorized to execute an Interloeal Cooperation Agreement between the C~ty of Denton and C~ty of Ponder for the Impoundment and dlspostt~on of dogs and cats, sub stantmlly ~n the form of the copy of Much ~s attached hereto and incorporated by reference herein SECTION 2 That the City Cotmcfl authorizes the collection of all fees as provided pursuant to the prowmons of smd Agreement SECTION 3 That th~s ordinance shall become effectwe ~mmedmtely upon ~ts passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ~ ~ STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the City of Denton, Texas ("DENTON") and the City of Ponder, Texas ("PONDER") are both local governments with the anthonty and power to contract, and WHEREAS, DENTON is engaged m the services of holding and d]sposing of dogs and cats for the benefit of the citizens of DENTON, and WHEREAS, DENTON is the owner of certmn facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment, and WHEREAS, PONDER desires to obtmn impoundment and disposition services for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the citizens of PONDER, and WHEREAS, PONDER 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, both DENTON and PONDER have the authority to perform the services set forth in this Agreement individually m accordance with Texas Government Code §791 01 l(c), and WHEREAS, PONDER will make all payments for services out of avmlable current revenues and DENTON agrees that the payments made by PONDER hereunder will fairly compensate it for the services provided, NOW, THEREFORE, PONDER and DENTON, for the mutual consideration hereinafter stated, agree as follows 1 A COVENANTS OF THE CITY OF DENTON 1 Holding of Dogs and Cats DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of PONDER under the following terms and conditions a Holding Period for Dogs and Cats DENTON agrees to hold such dogs and cats for a period of nmety-slx (96) hours from the time they are accepted by the Animal Control Center m order to allow the owners of the impounded animal a reasonable amount of time to reclmm the impounded animal If the animal is not reclaimed w~thm the mnety-slx (96) hour permd, the ownership of the animal shall revert to the Animal Control Center Ammals will be humanely destroyed or placed for adoption at the dlscretmn of the Ammal Control staff b Holchng Fees for Impounded Dogs and Cats For the purpose ofth~s Agreement, DENTON will charge Fifteen Dollars ($15 00) for the first day or part of a day and Five Dollars ($5 00) for each subsequent day holding fee that an animal ~s held at the Ammal Control Center In determ~mng the meaning of the term "animal" as used herein, it Is agreed that a pregnant ammal which has its htter while being held, or an animal which is nursing ars htter and Is bemg kept m the same cage, will be considered one ammal for the assessment of charges prowded for In tfus Agreement Th~s fee will be assessed against the owner of the ammal at the time the animal ~s reclaimed No ammal will be released until all apphcable fees are paid m full c Holding of Quarantme Ammals DENTON agrees to accept and hold rabid suspects in quarantine for PONDER when conditions permit, and such action ~s anthonzed by a representative of PONDER d Holding Fees for Ouarantmed Ammals The holding fee for quarantined ammals shall be Fifteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day that the animal is held e Head Shipments and Rabies Testmg Upon request of PONDER, DENTON will provide for the removal and shipment of heads of rabid suspects for cllmcal rabies testing at the Texas Department of Health The fee for this service shall be Thirty-five Dollars ($35 00) for each head sh~pped B COVENANTS OF THE CITY OF PONDER 1 Financial Responsibilities In order to reimburse DENTON for ~ts costs mcurred under this Agreement, PONDER agrees to pay for the holding fees and euthanasia fees on dogs and cats received from PONDER or its authorized agent ~f the animal(s) as not reclmmed by the owner These fees will be assessed on the following basis a Euthanlzed Animal Fffieen 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 ammal as determined here~n, plus Fifteen Dollars ($15 00) euthanasia fee b Adopted 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 ammal as determined herein c Head Shipments Thirty-five Dollars ($35 00) sh~pp~ng fee ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT -- PONDER PAGB 2 OF 5 2 DENTON will collect impound fees duly authorized by PONDER and as specified ~n this paragraph from the owners of dogs and cats received from PONDER Impound fee momes will be applied to fees owed DENTON by PONDER for animals not reclaimed by the owner IMPOUND FEE 1st Impoundment - $20 00 2nd Impoundment - $30 00 3~a Impoundment - $45 00 4th Impoundment - $70 00 3 PONDER agrees payment shall be made within forty-five (45) days of receipt of invoice by PONDER 2 DENTON agrees to and accepts full responmbihty for the acts, negligence, and/or omissions of all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing work under a contract or agreement with DENTON in performance of this Agreement with PONDER PONDER agrees to and accepts full responmbihty for the acts, negligence, and/or omissions of all PONDER's employees and agents, PONDER's subcontractors and/or contract laborers doing work under a contract or agreement with PONDER in performance of th~s Agreement with DENTON It is further agreed that ff claim or habihty shall arise from the joint or concumng 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 waver by either party of any defenses avalable to ~t 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 parhes hereto 3 The fact that PONDER and DENTON accept certain responslbtht~es relating to the collection and lmpoundmg of dogs and cats under this Agreement as part of their responslblhty for providing protection for the pubhc health and welfare and, therefore, makes ~t imperative that the performance of these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law Neither DENTON nor PONDER waves or shall be deemed hereby to wave any immunity or defense that would otherwise be available to at aganst the claims anmng from the exercise of governmental functions 4 The term of this Agreement shall be for a period of one (1) year, commencing as of October 1, 2000 and ending September 30, 2001 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if PONDER and P^o~ 3 OF 5 DENTON agree m writing on or before the first day of October to a successive term and the mount of consideration to be prod hereunder for each successive term, prowded, however, e~ther party may terminate th~s Agreement upon thirty (30) days written notme to the other 5 Th~s Agreement represents the entire and ~ntegrated agreement between DENTON and PONDER 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 PONDER 6 This Agreement and any of ~ts 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 th~s Agreement shall be found to be contrary to law, it ~s the ~ntent of the part~es hereto that the remmmng portions shall remmn vahd and ~n full force and effect to the extent possible 8 The undersigned officer and/or agents of the part,es hereto are the properly authorized offimals and have the necessary authority to execute th~s 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 m full force and effect EXECUTED in duplicate originals this the z~q~~2'-~ day of ~2~~, 2000 CITY OF DENTON, TEXAS EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF PONDER, TEXAS ATTEST, CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY ANIMAL CONTROL INTI~RLOCAL COOPBRATION AGRIH~MBNT -