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1999-114 O INANCENO q q-I I¥ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH 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 in his absence, the Mayor Pro Tem, is hereby anthonzed to execute an Agreement between the C~ty of Denton and the City of Connth for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein SECTION II. That the City Council anthonzes the collection of all fees as provided pursuant to the provisions of smd Agreement SECTION III. That this ordinance shall become effective immediately upon its passage and approval JA~/IVIILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CIT~ ATTORNEY THE STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § Thas agreement made and entered into by and between the C~ty of Denton, Texas, acting hereto by and through ~ts Mayor, duly authorized by resolution of the C~ty Council of smd C~ty, (heremafter called DENTON) and the City of Connth, Texas, actmg hereto by and through ~ts Mayor, duly authorized by resolution of the C~ty Council of smd Caty (hereinafter called CORINTH) WHEREAS, DENTON and CORINTH are both local governments with authority and power to contact, and WHEREAS, DENTON ~s engaged an the services of holding end disposing of dogs and cats for the benefit of the c~tlzens of Denton, and WHEREAS, DENTON m the owner of certain facflmes and equapment designed for the holding and chsposltlon of dogs and cats and has in ~ts employ trmned personnel whose duties are related to the use of such facflltxes and eqmpment, and WHEREAS, CORINTH demres to obtmn ~mpoundment and dmpomnon services for dogs and cats rendered by the Cxty of Denton, as more fully hereafter described, for the benefit of the residents of the C~ty of Corinth, and WHEREAS, the provlston of ~mpoundment and dmpomt~on of dogs and cats m a governmental function that serves the pubhc health and welfare and ~s of mutual concern to the contracting part, es, and WHEREAS, DENTON and CORINTH mutually demre to be subject to the provlmons of Texas Government Code, Chapter 791, the Interloeal Cooperation Act end contract pursuant thereto, and WHEREAS, both DENTON and CORINTH have the anthonty to perform the services set forth ~n the Agreement individually m accordance wroth the Texas Government Code §791 011(c)(2), and WHEREAS, CORINTH will make all payments for services out of current avmlable revenues and DENTON agrees that the payments made by CORINTH hereunder will fmrly compensate ~t for the services performed, NOW, THEREFORE, DENTON and CORINTH for the mutual eonmderat~on he, emafter stated, agree as follows Section I. A Covenants of DENTON 1 Holding, of Do~s and Cats DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of CORINTH under the following terms and conditions a Holdm~ ~enod for Do~s end Cats DENTON agrees to hold such dogs and cats for a period of mnety-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 t~me to reclaim the ~mpounded animal If the ammal ~s not reclaimed wIflun the mnety-slx hour period, the ownership of the ammal shall revert to DENTON and the ammal will be held for adoption or humanely destroyed Ammals will be humanely destroyed at the d~scretlon of the Health Services Manager b Holdme Fees for Imnounded Does For the purpose of this Agreement, DENTON will charge Six Dollars ($6 00) per day holding fee for each day that an animal is held at the Center In determimng the meaning of the term "animal", as used hereto, it ~s agreed that a pregnant ammal which has tts litter whale being held, or an ammal which is nursing its litter and IS being kept In the same cage, will be considered one ammal for the assessment of charges provided for in flus Agreement This fee will be assessed against the owner of the ammal at the t~me the ammal is reclaimed No animal will be released until all applicable fees are paid In full c Hold~n~ of Ouarantlned Animals DENTON agrees to accept and hold rabid suspects in quarantine for CORINTH when conditions permit, and such action is authorized by a representative of CORINTH d I-Ioldin~, Fees for Ouarantined Animals. The holchng fee for quarantined animals shall be Seven Dollars ($7 00) per day for each day that the ammal IS held e Head Shmments and Rabies Testing,. Upon request of CORINTH, DENTON will proxade for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health The fee for flus service shall be Thiny-F~ve Dollars ($35 00) for each head shipped B Covenants of CORINTH 1 Financl.~ Resnons~bihtv. In order to reimburse DENTON for ItS costs incurred under tins Agr~.ement, CORINTH agrees to pay for holding and euthanasia fees on dogs and cats received from the incorporated areas of the City of Cormth or ItS authorized agent If an ammal ~s not reclaimed by its owner Fees will be assessed on the follow~ng basis C~ty of Connth - Interlocal Cooperation Agreement- Page 2 a Euthanized Animal: $6 00 per day holding fee for each ammal as determined herein plus $15 00 Euthanasia Fee b Adopted Animal: $6 00 per day holding fee for each ammal as determined herein c Head Shipments: $35 00 Shipment fee 2 DENTON will collect ~mpound fees duly authorized by CORINTH and as speeffied ~n tims paragraph from the owners of dogs and cats received from the umncorporated areas of CORINTH Impound fee momes will be apphed to fees owed DENTON by CORINTH for animals not reclaimed by the owner 1st Impoundment $20 O0 2~ Impoundment $30 O0 3~ Impoundment $45 O0 4th Impoundment $67 00 3 CORINTH agrees payment shall be made w~thm forty-five (45) days of receipt of invoice by CORINTH DENTON agrees to and accepts full responslbd~ty for the acts, neghgence, and/or omlsmons of all DENTON's employees, and agents, DENTON's subcontractors, and/or contract laborers doing work under a contract or agreement with DENTON m performance of tiros agreement with CORINTH CORINTH agrees to and accepts full respons~bd~ty for the acts, neghgenee, and/or om~ssmns of all CORINTH's employees, and agents, CORINTH's subcontractors, and or/contract laborers doing work under an agreement or contract w~th CORINTH ~n performance of this agreement w~th DENTON It ns further agreed thai if clmm or liability shall arise from the joint or eoncvmng neghgence of boda parties hereto, it shall be borne by them comparatlvel~ m accordance w~th the laws of the State of Texas Tim:, paragraph shall not be construed as a ~mver by either pary of any defenses av~ulable to it under the laws of the State of Texas It is understood that ~t ~s not City of Corinth - Interlocal Cooperanon Agreement - Page 3 the intention of the pames hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto Section IIL The fact that DENTON and CORINTH accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare makes it imperative that the performance of these vital services be recognized as governmental function and that the doctnne of governmental munumty shall be, and is hereby invoked to the full extent possible under the law Neither DENTON nor CORINTH waives or shall be deemed hereby to wmve, any lmmumty or defense that would otherwise be available to it agmnst clmms arising from the exercise of governmental functions Section IV. The term of tins Agreement shall be for a penod of one (1) year commencing as of February l, 1999 and ending January 31, 2000 Thereafter, this Agreement shall be renewed for successive additional one (I) year terms commencing on February 1st of each year if DENTON and CORINTH agree in wntmg on or before the first day of February to be a successive term and the mount of consideration to be paid hereunder for each successive term, provided, however, that either party may terminate tins Agreement, upon thirty (30) days written notice to the other Section V. This Agreement represents the entire and integrated agreement between DENTON and CORINTH and supersedes all prior negotaatlons, representations, and/or agreements either written or oral This agreement may be amended only by written instrument signed by both DENTON and CORINTH Section 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 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 remaining portions shall remmn valid and in full force and effect to the extent possible Tt, e undersigned officer and/or agents of the parties hereto ~re the properly authorized officials and have the necessary authority to execu ~' this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary re,,olutions extending smd authority have been duly passed and are now in full force and effect City of Corinth - Interlocal CooperaUon Agreement - Page 4 EXECUTED m duplicate originals on this the day of ,19 CITY OF DENTON CITY OF CORINTH BY BY, JACK MIL~),K, MAYOR ,,,,; 0{: CO~', ',,,, / (] ,,,,~... ..... :Z/~2,: / , ATTEST i O.:ATT~T '%~, z. JENNIFER WALTERS, CITY SECKETARY~. i ~ ~ ~ · BY _. '-.... ~7 .... £ .... ",,C~~T~Y ,~PROVED AS TO t.E~AL FOn~ ~aOWO*S ~O ~O~ HE~ERT L PRO~Y, CITY ATTO~Y CITY ATTO~Y F ~sharcdklept~LOL\Our Documents\Contracts\99\Connth Animal Control doc City of Cormth - Interlocal Cooperation Agreement - Page 5