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1999-050 ORDINANCE NO q q - Off-O 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 EFFECTWE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the Mayor, or in his absence, the Mayor Pro Tern, is hereby anthonzed to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Lake Dallas for the impoundment and chsposltlon of dogs and cats, a copy of winch is attached hereto and incorporated by reference herein ~ That the City Council anthonzes the collection of all fees as provided pursuant to the provisions of smd Agreement ~ That tins ordinance shall become effective immediately upon its passage and approval P~SSED AND APPROVED tins the/~/x._ dayoff~~ 1999 JACK~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY t/ . ", _ STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § Tins Agreement made and entered ~nto by and between the City of Denton, Texas, acting hereto by and through its Mayor, duly authorized by ordinance of the City Council of smd City (heremafter called "Denton"), and the City of Lake Dallas, Texas, acting herein by and through its Mayor, duly anthonzed by resolution of the City Council of smd City (hereafter called "Lake Dallas") WHEREAS, Denton and Lake Dallas are both local governments w~th the authority and power to contract, and WHEREAS, Denton ~s engaged in the services of holding and disposing of dogs and cats for the benefit of the cmzens of Denton, and WHEREAS, Denton is the owner of certam faclhtles and equipment demgned for the holdxng and chsposmon of dogs and cats and has m as employ trained personnel whose duties are related to the use of such facilities and equipment, and WHEREAS, Lake Dallas desires to obtain impoundment and dlsposmon servmes for dogs and cats rendered by Denton, as more fully hereal~er described, for the benefit of the residents of the C~ty 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 tins Agreement mdlwdually m accordance w~th Texas Government Code §791 011(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 prowded, NOW, THEREFORE, the City of Lake Dallas and the C~ty of Denton, for the mutual conmderatlon heremafter stated, agree as follows I A COVENANTS OF THE CITY OF DENTON 1 Holding, of Do~s and Cats. Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of Lake Dallas under the following terms and eon&tmns a Holdlne Period for Do~,s and Cats. Denton agrees to hold such dogs and cats for a period of nmety-sax (96) hours from the time they are accepted by the Ammal Control Center m order to allow the owners of the ~mpounded anamal a reasonable mount of tame to reclaam the ~mpounded animal If the animal is not reclaimed within the nmety-slx (96) hour period, the ownership of the animal shall revert to the Ammal Control Center Ammals wall be humanely destroyed or placed for adoptaon at the d~scretton of the Ammal Control staff b Holdm~ Fees for Impounded Dogs and Cats For the purpose ofthxs Agreement, Denton will charge slx dollars ($6 00) per day holdang fee for each day that an ammal is held at the Ammal Control Center In determamng the meamng of the term "animal" as used hereto, ~t ~s agreed that a pregnant ammal which has ats litter whale being held, or an animal which is nursing its litter and is being kept m the same cage, wall be conmdered one animal for the assessment of charges provided for in this Agreement Th~s fee wall be assessed agmnst the owner of the animal at the time the ammal is reclaimed No animal will be released until all apphcable fees are prod m full c Holdm~ of Ouarantme Animals Denton agrees to accept and hold rabid suspects in quarantine for Lake Dallas when cond~taons penmt, and such actaon as anthonzed by a representative of Lake Dallas d Holglarlg Fees for Ouarantmed Ammals. The holding fee for quarantined animals shall be seven dollars ($7 00) per day for each day that the anamal is held e Head Shipments and Rabies Testme Upon request of Lake Dallas, Denton will promde for the removal and shapment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health The fee for this servace shall be tlurty- five dollars ($35 00) for each head shipped B COVENANTS OF THE CITY OF LAKE DALLAS 1 Financial Res~onsabfl~t~es. In order to reimburse Denton for its costs incurred under thas 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 anamal(s) as not reelmmed by the owner These fees will be assessed on the following basis a Euthanazed Ammal $6 00 per day holding fee for each animal as determined hereto, plus $15 00 euthanasm fee b Adopted Animal $6 00 per day holding fee for each animal as detenmned hereto c Head Shapments $35 00 shappmg fee Page 2 2 Denton will collect impound fees duly authorized by Lake Dallas and as specffied m ttus paragraph from the owners of dogs and cats received from Lake Dallas Impound fee momes will be apphed to fees owed Denton by Lake Dallas for animals not reclaimed by the owner IMPOUND FEE 1st Impoundment - $20 00 2na Impoundment - $30 00 3rd Impoundment - $45 00 4th Impoundment - $67 00 3 Lake Dallas agrees payment shall be made w~th~n forty-five (45) days of receipt of mvmce by Lake Dallas II Denton agrees to and accepts full respons~bd~ty for the acts, neghgence, and/or omissions 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 this Agreement w~th Lake Dallas Lake Dallas agrees to and accepts full respons~bxl~ty for the acts, neghgance, and/or omlssxons of all Lake Dallas's employees and agents, Lake Dallas's subcontractors and/or contract laborers doing work under a contract or agreement w~th Lake Dallas ~n performance of th~s Agreement w~th Denton It xs further agreed that if clmm or hablhty shall arise from the joint or coneumng neghgence of both part, es hereto, ~t shall be borne by them comparatively in accordance w~th the laws of the State of Texas Th~s paragraph shall not be construed as a wmver by either party of any defenses avmlable to ~t under the laws of the State of Texas It ~s understood that ~t ~s not the ~ntentlon of the part, es hereto to create habdxty for the benefit of third parties, but that th~s Agreement shall be for the benefit of the part,es hereto III The fact that Lake Dallas and Denton accept certmn responsibilities relatang to the collection and ~mpotmchng of dogs and cats under ttus Agreement as part of their responsibility for prowdmg protectmn for the pubhc health and welfare and, therefore, makes xt imperative that the performance of these wtal services be recogmzed as a governmental lnllTlllnlty 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 wmve any ~mmumty or defense that would otherwise be avmlable to ~t against the chums arising from the exercise of governmental functions IV The term ofttus Agreement shall be for a period of one (1) year, commencmg as of December 1, 1998 and endmg November 30, 1999 Thereafter, this Agreement shall be renewed for Page 3 suceessxve addxtional one (1) year terms commencing on December 1 of each year af Lake Dallas and Denton agree m writing on or before the first day of December 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 notice to the other V Th~s Agreement represents the entxre and integrated agreement between Denton and Lake Dallas and supersedes all prior negotiataons, representations, and/or agreements, e~ther written or oral Th~s Agreement may be amended only by written ~nstmment s~gned by both Denton and Lake Dallas VI Th~s Agreement and any of~ts terms or prowsmns, 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 portaon of th~s Agreement shall be found to be contrary to law, ~t ~s the mtent of the parties hereto that the remmnmg port~ons shall remmn vahd and ~n 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 certffies to the other that any necessary resolutions/ordinances extending smd authority have been duly passed and are now m full force and effect EXECUTED In duphcate ongmals this the/.~P~/~x'day of ~L~Z&~-~ , 1999. CITY OF DENTON, TEXAS JA~(LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY Page 4 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CITY OF LAKE DALLAS, TEXAS ATTEST CITY SECRETARY '****,, ,~,,,,~~' APPROVED AS TO LEGAL FORM' CITY ATTORNEY BY Page 5