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1999-115AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY 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 is hereby authorized to execute an Agreement between the Caty of Denton and the C~ty of Aubrey for the lmpotmdment and disposition of dogs and cats ("Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein SECTION II. That the City Council authorizes the collection of all fees as provided pursuant to the provlsmns of said Agreement SECTION III That this ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED tlus the ~{x day of ff'~o.~ ,1999 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORI)TE_y.~- F ~shared~lept~LGL\Our Doeumenta\Ordmances\99~Aubrey Ammal Control Ord doe THE STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § Tins agreement made and entered rote by and between the City of Denton, Texas, acting herein by and through ItS Mayor, duly authonzed by resolution of the City Council of smd City, (hereinafter called DENTON) and the City of Aubrey, Texas, acting hereto by and through its Mayor, duly authorized by resolution of the City Council of smd City (hereinafter called WHEREAS, DENTON and AUBREY are both local governments with anthonty and power to contact, and WHEREAS, DENTON is engaged m the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton, and WHEREAS, DENTON is the owner of certain 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, AUBREY daslres to obtain Impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter dascnbed, for the benefit of the residents oft, he City of AUBREY, and WHEREAS, the provision of Impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties, and WHEREAS, DENTON and AUBREY 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 AUBREY have the authority to perform the services set forth In the Agreement Individually In accordance with the Texas Government Code §791 011(c)(2), and WI-I~REAS, AUBREY will make all payments for services out of current available revenues and DENTON agrees that the payments made by AUBREY hereunder will fairly compensate it for the services performed, NOW, THEREFORE, DENTON and AUBREY, for the mutual consideration hereinafter stated, agree as follows A Covenants of DENTON 1 Holding of Do~s and Cats. DENTON agrees to accept and hold dogs and cats lawfully nnpounded by authorized representatives of AUBREY under the follow~ng terms and conditions a Holdin~ penod for Do~,s and Cats DENTON agrees to hold such dogs and cats for a period of ninety-six (96) hours fi.orn the Urne they are accepted by the Amrnal Control Center in order to allow the owners of the xmpounded animal a reasonable amount of tlrne to reclaim the unpoundcd ammal If the ammal is not reclalrned within the ninety-slx hour period, thc ownership of thc anlrnal shall revert to DENTON and the arnrnal will be held for adoption or humanely destroyed Amrnals will be humanely destroyed at the discretion of the Health Services Manager b Holding Fees for Imnounded Do~,s 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 determining the meamng of the term "animal", as used herein, it is agreed that a pregnant arnmal which has its litter while being held, or an ammal which is nursing its litter and is being kept rn the same cage, will be considered one anunal for the assessment of charges prowded for in this Agreement This fee will be assessed against the owner of the amrnal at the time the amrnal is reclairned No animal will be released until all applicable fees are paid in full c Holding, of Ouarantined Animals DENTON agrees to accept and hold rabid suspects in quarantine for AUBREY when conditions permit, and such action is authorized by a representative of AUBREY d Holding, Fees for Ouarantined Animals The holding fee for quarantrned ammals shall be Seven Dollars ($7 00) per day for each day that the ammal is held e Head Shloments and Rabies Testing. Upon request of AUBREY, DENTON will provide for the removal and shipment of the heads of rabid suspects for chrncal 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 AUBREY 1 Frnanclal Responsihih_ty. In order to reimburse DENTON for ~ts costs recurred under this Agreement, AUBREY agrees to pay for holding and euthanasia fees on dogs and cats received fi.om the incorporated areas of the City of AUBREY or its authorized agent if an ammal is not reela~rned by its owner Fees will be assessed on the following basis C~ty of AUBREY - Intedocal Cooperation A~reement- Page 2 a Euthanized Animal: $6 00 per day hokhng fee for each ammal as determined hereto plus $15 00 Euthanasia Fee b Adopted Animal: $6 00 per day hokhng fee for each ammal as determined hereto c Head Shipments: $35 00 Shipment fee 2 DENTON will collect lmpotmd fees duly authonzed by AUBREY and as specffied m this paragraph from the owners of dogs and cats received from the incorporated areas of AUBREY Impound fee momes will be apphed to fees owed DENTON by AUBREY for ammals not reclaimed by the owner IMPOUND FEE 1st Impoundment $20 00 2nd Impoundment $30 00 3rd Impoundment $45 00 4th Impoundment $67 00 3 AUBREY agrees payment shall be made w~thln forty-five (45) days of receipt of lnvmce by AUBREY SeCtlo~ II. DENTON agrees to and accepts full responsibility for the acts, neghgence, and/or om~sswns ,of all DENTON's employees, and agents, DENTON's subcontractors, and/or contract laborers dmng work under a contract or agreement with DENTON m performance of ttus agreement with AUBREY AUBREY agrees to and accepts full respons~blhty for the acts, negligence, and/or omissions of all AUBREY's employees, and agents, AUBREY's subcontractors, and or/contract laborers dmng work under an agreement or contract w~th AUBREY m performance of ttus agreement w~th DENTON It is further agreed that if clatm or habfllty shall muse from the joint or concumng neghgence of both parhes hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas Ttus paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas It is understood that it is not C~ty of AUBREY - Interlocal Cooperation Agreement - Page 3 the retention of the parties hereto to create llabihty for the benefit of tinrd parties, but that tins agreement shall be for the benefit of the parties hereto Section IlL The fact that DENTON and AUBREY accept certain responsibihtles 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 unperative that the performance of these vital services be recognized as governmental function and that the doctrine of governmental munumty shall be, and is hereby invoked to the full extent possible under the law Neither DENTON nor AUBREY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be avmlable to it against clanns arising from the exercise of governmental functions Section IV. The term of this Agreement shall be for a period of one (1) year commencing as of February l, 1999 and ending Sanuary 31, 2000 Thereafter, tins Agreement shall be renewed for successive additional one (1) year terms commencing on February 1st of each year if DENTON and AUBREY agree in Wilting on or before the first day of February to be a successive term and the amount of consideration to be paid hereunder for each successive term, provided, however, that either party may terrainate this Agreement, upon tinrty (30) days wnttan notice to the other Section V Tins Agreement represents the entire and integrated agreement between DENTON and AUBREY and supersedes all prior negottations, representations, and/or agreements either written or oral This agreement may be amended only by written instrument signed by both DENTON and AUBREY Section VI Tins Agreement and any of its teruls or prowsions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas Section VII. In the event that any portion of tins Agreement shall be found to be contrary to law, It ~s the intent of the parties hereto that the remaining portions shall remain valid and ~n full force and effect to the extent possible Thc undersigned officer and/or agents of the parties hereto are thc properly authorized officials and have the necessary authority to execute flus Agreement on behalf of the pamas hereto, and each party hereby certifies to the other that any necessary resolutions extending smd anthonty have been duly passed and are now in full force and effect City of AUBREY - Interlocal CooperaUon Agreement- Page 4 RXECUTED m duphcate originals on tlus the CITY OF DRNTON CITY OF AUBKEY JACK ~ MAYOR ATTEST ATTEST JENNIFER WALTERS, CITY SECRETARY f/ '"f cin, sE~A~Y A~PROWD AS TO I,~.OA~ FO~ A~'ROWD AS TO HERBERT L PROUTY, CITY ATTORNEY CITY ATTORNEY BY ~ BY C~ty ofAUBREY - lmerlocal Cooperntlon Agreement- Page 5