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Home My WebLink About1999-068ORDINANCE NO q -G&O AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOFE 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 That the Mayor, or in his absence the Mayor ProTem, is hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is attached hereto and incorporated by reference herein SECTION IL That the City Council authorizes the collection of all fees as provided pursuant to the pro isions of said Agreement E�tj, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the !Rm day of 1998 JACI ER, MAYOR ATTEST'11 JENNIFER WALTERS, CITY SECRETARY 10 TO LEGAL FORM HERBER7 L PROUTY, CITY ATTORNEY STATE OF TEXAS INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the City of Denton, Texas ("Denton") and the City of Roanoke, Texas ("Roanoke") are both local governments with the authority and power to contract, and WHEREAS, Denton is engaged in 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, Roanoke desires to obtain impoundment and disposition services for dogs and cats rendered by Denton, as more fully hereafter described, for the benefit of the residents of the City of Roanoke, Texas, and WHEREAS, Roanoke 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, both Denton and Roanoke have the authonty to perform the services set forth in this Agreement individually in accordance with Texas Government Code §791 011(c), and WHEREAS, Roanoke will make all payments for services out of available current revenues and Denton agrees that the payments made by Roanoke hereunder will fairly compensate it for the services provided, NOW, THEREFORE, the City of Roanoke and the City of Denton, for the mutual consideration hereinafter stated, agree as follows A COVENANTS OF THE CITY OF DENTON l Holding of Dogs and Cats Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of Roanoke under the following terms and conditions a Holding Period for Dogs and Cats Denton 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 in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the Animal Control Center Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control staff b Holding Fees forMUounded Dogs and Cats 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 Animal Control Center In determining the meaning of the term "animal' as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the some cage, will be considered one ammal for the assessment of charges provided for in this Agreement This fee will be assessed against the owner of the animal at the time the animal is reclaimed No animal will be released until all applicable fees are paid to full c Holding of Quarant,ne Animals Denton agrees to accept and hold rabid suspects in quarantine for Roanoke when conditions permit, and such action is authorized by a representative of Roanoke d Holding Fees for Quarantined Animals The holding fee for quarantined animals shall be seven dollars ($7 00) per day for each day that the animal is held e Head . biipments and Rabies Testing Upon request of Roanoke, Denton will 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 THE CITY OF ROANOKE Financial Resmonsibil In order to reimburse Denton for its costs incurred under this Agreement, Roanoke agrees to pay for the holding fees and euthanasia fees on dogs and cats received from Roanoke or its authorized agent if the ammal(s) is not reclaimed by the owner These fees will be assessed on the following basis a Euthamzed Animal $6 00 per day holding fee for each animal as determined herem, plus $15 00 euthanasia fee Adopted Animal $6 00 per day holding fee for each animal as determined herein c Head Shipments $35 00 shipping fee 2 Denton will collect impound fees duly authorized by Roanoke and as specified in this paragraph from the owners of dogs and cats received from Roanoke Impound fee momes will be applied to fees owed Denton by Roanoke for animals not reclaimed by the owner Page 2 I` Impoundment - $20 00 2nd Impoundment - $30 00 P Impoundment - $45 00 4t6 Impoundment - $67 00 Roanoke agrees payment shall be made within forty-five (45) days of receipt of invoice by Roanoke II Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Denton's employees and agents, Denton's subcontractors and/or contract laborers doing work under a contract or agreement with Denton in performance of this Agreement with Roanoke Roanoke agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Roanoke's employees and agents, Roanoke's subcontractors and/or contract laborers doing work under a contract or agreement with Roanoke in performance of this Agreement with Denton It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be home by them comparatively in accordance with the laws of the State of Texas This 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 the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto III The fact that Roanoke and Denton accept certain responsibilities relating to the collection and impounding of dogs and cats under tins Agreement as part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performalnce of these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law Neither Denton nor Roanoke waives or shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims arising from the exercise of governmental functions IV The term of this Agreement shall be for a period of one (1) year, commencing as of October 1, 1998 and ending September 30, 1999 Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if Roanoke and Denton agree in writing on or before the first day of October to a successive term and the amount of consideration to be paid hereunder for each successive term, provided, however, either party may terminate this Agreement upon thirty (30) days written notice to the other Page 3 V This Agreement represents the entire and integrated agreement between Denton and Roanoke 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 Denton and Roanoke 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 remaining portions shall remain valid and in full force and effect to the extent possible 9 all 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 certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect EXECUTED in duplicate originals this the�� day of _ %42VAe-,X=� 1999 CITY OF DENTON, TEXAS BY \ JACK N50R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY �iN1 .. �FORM OTTY. CITY ATTORNEY Page 4 CITY OF ROANOKE, TEXAS J4 MAYOR ATTEST CITY SECRETARY BYlj��o APPROVED AS TO LEGAL FORM CITY ATTORNEY m aCH LOL\VOLIdFvedWepILLALWue minW emael dm Page 5