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1999-454AN 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 I That the Mayor, or ~n Ins absence the Mayor ProTem, is hereby authorized to execute an Interlocal Cooperation Agreement between the C~ty of Denton and Denton County for the impoundment and chsposit~on of dogs and cats, substantially ~n the form of the copy of winch ~s attached hereto and incorporated by reference herein SECTION II That the City Council authorizes the collection of all fees as provided pursuant to the proms~ons of smd Agreement SECTION III. That tbs orahnance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED tins the ~C/~.~ day of ~~__, 1999 JACK~I~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY F ~shared~dept~LGLiOur Documents\Or d mances\99\~n County Aroma[ Control doe STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § Th,s Agreement made and entered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly anthonzed by resolution of the City Council of smd City (here,nafter called "City"), and the County of Denton, Texas, acting herein by and through its County Judge, duly anthonzed by court order of the Commissioners Court of Denton County, Texas (hereafter called "County") WHEREAS, City and County are both local governments with the authority and power to contract, and WHEREAS, City is engaged m the servmes of hold,ng and disposing of dogs and cats for the benefit of the citizens of Denton, and WHEREAS, City is the owner of certain facflmes and equipment designed for the holding and disposition of dogs and cats and has in its employ tra,ned personnel whose dut,es are related to the use of such famhtles and eqmpment, and WHEREAS, County des,res to obtain impoundment and disposition serv,ces for dogs and cats rendered by Cl~y, as more fully hereafter described, for the benefit of the res,dents of the Demon County, Texas, and WHEREAS, County and City mutually des,re to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto, and WHEREAS, County and City have the authority to perform the services set forth in this Agreement individually m accordance with Texas Government Code §791 011 (c), and .%, WHEREAS, County will make all payments for services out of avmlable current revenues and City agrees that the payments made by County hereunder will fairly compensate it for the services provided, NOW, THEREFORE, the Denton County and the City of Denton, for the mutual conslderatton hereinafter stated, agree as follows I A COVENANTS OF THE CITY OF DENTON 1 Holdm~ of Do~,s and Cats. City agrees to accept and hold dogs and cats lawfully impounded by anthonzed representat,ves of County under the following terms and eondltlons a Holdin~ Period for Dogs and Cats Clty 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 m order to allow the owners of the impounded ammal a reasonable amount of time to reclaim the impounded animal If the ammal is not reclamaed within the ninety-slx (96) hour period, the ownership of the animal shall revert to the Ammal Control Center Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff b Holding Fees for Imnounded Do~s and Cats For the purpose of this Agreement, City will 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 ammal is held at the Ammal Control Center In determlmng the meamng of the term "animal" as used herein, it is agreed that a pregnant animal wtuch has its litter while being held, or an animal which is nursing ItS litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for In this Agreement This fee will be assessed against the owner of the ammal at the time the animal is reclaimed No animal will be released until all apphcable fees are paid In full c Holdm~, of Ouarantlne Animals City agrees to accept and hold rabid suspects In quarantine for County when conditions permit, and such action as authorized by a representative of County d I-IoldIIlg Fees for Ouarantmed 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 is held e Head Shmments and Rabies Testm~ Upon request of County, City wall provide for the removal and shipment of 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 DENTON COUNTY 1 Financial Responsibilities In order to reimburse City for its costs incurred under tins Agreement, county agrees to pay for the holding fees and euthanasia fees on dogs and cats received from County or its authorized agent if the ammal(s) is not reclmmed by the owner These fees will be assessed on the following basis a Euthamzed 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, plus $15 00 euthanasia fee Page 2 b Adopted Ammal 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 ammal as determined here~n c Head Sinpments $35 00 sl'npp~ng fee 2 City will collect impound fees duly authorized by County and as specified ~n tins paragraph from the owners of dogs and cats received from County Impound fee rnomes w~ll be applied to fees owed City by County for animals not reclaimed by the owner IMPOUND FEE 1st Impoundment - $20 00 2nd Impoundment - $30 00 3rd I~poundment - $45 00 4th Impoundment - $70 00 3 County agrees payment shall be made w~tinn forty-five (45) days of receipt of invoice by County II C~ty agrees to and accepts full responslblhty for the acts, neghgence, and/or omissions of all C~ty's employees and agents, City's subcontractors and/or contract laborers doing work under a contract or agreement with C~ty in performance of tins Agreement with County County agrees to and accepts full responslbdlty for the acts, neghgence, and/or omissions 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 tins Agreement w~th C~ty It is further agreed that if claim or habthty shall anse from the joint or concumng negligence of both part,es '~hereto, ~t shall be borne by them comparatively ~n accordance w~th the laws of the State of Texas Tins paragraph shall not be construed as a waiver by e~ther party of any defenses available to it under the laws of the State of Texas It is understood that it is not the ~ntent~on of the parties hereto to create hainhty for the benefit of tlurd partxes, but that tins Agreement shall be for the benefit of the part,es hereto III The fact that County and City accept certain respons~blhtles relating to the collection and ~mpoundlng of dogs and cats under this Agreement as part of their responslbd~ty for provldmg protection for the pubhc health and welfare and, therefore, makes ~t ~mperatlve that the performance of these v~tal services be recogmzed as a governmental lmmumty shall be, and ~s hereby invoked to the full extent possible under the law Neither City nor County waives or shall be deemed hereby to waive any lmmumty or defense that would otherwise be available to it against the claims anslng from the exercise of governmental functions Page 3 IV The term of tlus Agreement shall be for a period of one (1) year, commencing as of October 1, 1999 and ending September 30, 2000 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if County and City agree in 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, 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 County 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 City and County 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 remmmng pomons 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 certafies to the other that any necessary resolutions extending smd anthonty have been duly passed and are now m full fome and effect EXECUTED m duphcate originals this the _~ day of ~/~/~] ,1999 CITY OF DENTON, TEXAS JACK MI~ MAYOR Page 4 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DENTON COUN~ · ~'~ ~ ¢~ % . F ,,,-~ ~.~:'-. KII~K WILSON APPROVED AS TO LEGAL FORM F kshared~dept'xLOL\Our Documents\Contracts\99\Dcnt on County ammal control doc Page 5