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Res 105-91 7/2/1991z, RESOLUTION NO. /-f/ RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH WICHITA COUNTY FOR CERTAIN ANIMAL CONTROL SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Interlocal Agreement, a copy of which is attached hereto, by and between the City of Wichita Falls and the County of Wichita, providing for the impoundment, transportation and quarantine of animals in Wichita County outside the corporate limits of Wichita Falls, and for payment of this service, is hereby approved, and the City Manager is authorized to execute the same on behalf of the City of Wichita Falls. PASSED AND APPROVED this the 2nd day of July, 1991. Ileglilr r M A Y O R ATTEST: 1 its _ //. • i:(./> City " erk STATE OF TEXAS COUNTY OF WICHITA § THIS AGREEMENT is entered into on this day of 1991, by and between the City of Wichita Falls, hereinafter called "City" , and the County of Wichita, hereinafter called "County" , both parties being political subdivisions and local governments of the State of Texas, pursuant to the authority granted and in compliance with provisions of the Interlocal Cooperation Act, Vernon' s Annotated Civil Statutes, Article 4413 , Subsection 32(c) . NOW, THEREFORE, it is mutually agreed upon by the parties: I. PURPOSE The purpose of this agreement is to cooperate in the impoundment of animals located in the covered area which are suspected of having rabies and which are required to be quarantined because of the animal owner' s failure to quarantine the animal in compliance with the Wichita County Rabies Control Order. An additional purpose of this agreement is to cooperate in the impoundment of stray animals found in the covered area. The term "covered area" shall mean the area located outside the corporate limits of the City but within the County. 2 II. AUTHORIZATION This agreement shall be duly authorized by the governing body of each party, as evidenced by the signatures of each chief administrative officer herein. Failure of each governing body to authorize this agreement shall render this agreement void. III. RESPONSIBILITIES Upon the request of the Wichita County Sheriff ' s Department or other County officials, the City agrees to pick up any animals in the covered area which are stray or need to be quarantined as determined by the County. City agrees to deliver such animals to the Animal Reclaim Center located in Wichita County, Texas. The owner of any animal impounded for quarantine shall have the right to reclaim the animal upon payment of Forty Dollars ($40. 00) plus Three Dollars and Fifty Cents ( $3 . 50) board each day the animal is held at the Animal Reclaim Center. If the animal is not reclaimed and is destroyed, the impoundment shall be paid by the County. The County shall pay the City for the pickup and delivery of stray animals Twenty-Five Dollars ( $25.00) plus Eight Dollars ( $8. 00) per animal picked up and delivered to the Animal Reclaim Center. IV. AMENDMENTS This agreement contains all commitments and agreements of the parties, and no other oral or written commitment shall have any force or effect if not contained herein. Any proposed 3 amendment shall not become effective until approved in writing by both parties to this agreement. V. TERM AND EFFECTIVE DATE This agreement shall become effective upon approval by the governing body of both parties and signing by the authorized agent of each party. It shall remain in effect until terminated by either party upon written notice and setting forth of a date of termination. The parties agree that each shall have the right to terminate this agreement upon thirty ( 30) days written notice to the other party. VII. SAVINGS CLAUSE In the event one or more provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this agreement. IN WITNESS WHEREOF, the parties to this agreement have executed the same as of the effective date first written above, each respective party acting by and through its governing body r A F 4 and authorized agent in the manner required by each party' s charter or by law. CITY OF WICHITA FALLS By: James Berzina, City Manager ATTEST: City Clerk COUNTY OF WICHITA By: Nick Gipson, County Judge ATTEST: