1999-423OP NANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR 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 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 m bas absence the Mayor ProTem, ~s hereby anthonzed to
execute an Interloeal Cooperation Agreement between the City of Denton and the City of Roanoke
for the impoundment and thsposltlon of dogs and cats, substantmlly ~n the form of the copy of
wbach is attached hereto and incorporated by reference herren
~ That the City Council authonzes the collection of all fees as provided pursuant
to the provm~ons of smd Agreement
~ That this ordanance shall become effective immediately upon tts passage and
approval
PASSED AND APPROVED thlsthe /(v ~ dayof c.~~ ,1999
JACK ~R, MAYOR
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
APp~VED'A~TO LEG2 FOR~
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
WHEREAS, the Clty of Denton, Texas ("Denton") and the City of Roanoke, Texas
("Roanoke") are both local governments w~th the anthonty and power to contract, and
WHEREAS, Denton is engaged ~n the services of holding and d~spos~ng of dogs and cats
for the benefit of the citizens of Denton, and
WHEREAS, Denton ~s the owner of certmn facflmes and eqmpment designed for the
holding and dlspos~t~on of dogs and cats and has ur ~ts employ trmned personnel whose duties are
related to the use of such facflmes and equipment, and
WHEREAS, Roanoke desires to obtmn impoundment and &spos~tion services for dogs
and cats rendered by Denton, as more fully hereafter described, for the benefit of the residents of
the C~ty of Roanoke, Texas, and
WHEREAS, Roanoke and Denton mutually demre to be subject to the prowsmns of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto, and
WHEREAS, both Denton and Roanoke have the authority to perform the services set
forth in this Agreement md~wdually m accordance w~th Texas Government Code §791 01 l(c),
and
WHEREAS, Roanoke will make all payments for services out of avmlable current
revenues and Denton agrees that the payments made by Roanoke hereunder wall fmrly
compensate it for the services prowded,
NOW, THEREFORE, the City of Roanoke and the C~ty of Denton, for the mutual
consideration here~natler stated, agree as follows
A COVENANTS OF THE CITY OF DENTON
HoldIm' of Do~s and Cats. Denton agrees to accept and hold dogs and cats lawfully
impounded by anthonzed representatives of Roanoke under the following terms and
conrht~ons
a
Holding, Period for Doos and Cats Denton agrees to hold such dogs and cats for
a period of mnety-s~x (96) hours from the t~me they are accepted by the Ammal
Control Center In order to allow the owners of the ~mpounded animal a reasonable
amount of t~me to reclmm the impounded animal If the animal is not reclaimed
B
within the mnety-slx (96) hour period, the ownershap of the animal shall revert to
the Anamal Control Center Ammals wall be humanely destroyed or placed for
adoption at the discretion of the Animal Control staff
H0ldm~ Fees for lmnounded Do~s and Cats For the purpose of this Agreement,
Denton will charge Fifteen dollars ($15 00) for the first day or part of a day and
Five dollars ($5 00) for each subsequent day holding fee 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 beang
held, or an animal which is nursing ats litter and ~s beang kept in the same cage,
will be considered one anamal for the assessment of charges provaded for in thas
Agreement This fee will be assessed agmnst the owner of the animal at the time
the animal is reclmmed No animal will be released until all applicable fees are
prod m full
Holdam, of Ouarantlne Animals Denton agrees to accept and hold rabid suspects
in quarantine for Roanoke when condltaons permat, and such action as authonzed
by a representative of Roanoke
d
Holdlne Fees for Ouarantmed Animals The holding fee for quarantaned animals
shall be Fifteen dollars ($15 00) for the first day or part of a day and Fave dollars
($5 00) for each subsequent day that the animal is held
Head Shmments and Rabies Testing Upon request of Roanoke, Denton wall
provide 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 thirty-
five dollars ($35 00) for each head shipped
COVENANTS OF THE CITY OF ROANOKE
Fmancml Resnonslbthtles. In order to reamburse Denton for ats costs incurred under
th~s Agreement, Roanoke agrees to pay for the holdang fees and euthanasia fees on
dogs and cats received from Roanoke or its authorized agent af the animal(s) is not
recltumed by the owner These fees will be assessed on the following basas
a
Euthanlzed Animal Fffieen dollars ($15 00) for the first day or part of a day and
Five dollars ($5 00) for each subsequent day holding fee for each animal as
determined herean, plus $15 00 euthanasm fee
Adopted Animal Fifteen dollars ($15 00) for the first day or part of a day and
Five dollars ($5 00) for each subsequent day holding fee for each ammal as
determined herean
c Head Shipments $35 00 shipping fee
Page 2
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 reclmmed by
the owner
IMPOUND FEE
1st Impoundment - $20 00
2nd Impoundment - $30 00
3rd Impoundment - $45 00
4th Impoundment - $70 00
3 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 responslbihty for the acts, neghgence, 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 concumng negligence of
both parties hereto, it shall be borne by them comparatively m accordance with the laws of the
State of Texas TI'ns paragraph shall not be construed as a waiver by either party of any defenses
avmlable 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 certmn responsibilities relating to the collection and
lmpoundlng of dogs and cats under this Agreement as part of their responsibility for providing
protection for the public health and welfare and, therefore, makes it imperative that the
performance 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 wmves or
shall be deemed hereby to wmve any immunity or defense that would otherwise be avtulable to it
agmnst the claims ansmg from the exercise of governmental functions
IV
The term of tins Agreement shall be for a period of one (1) year, commencing as of October 1,
1999 and enchng September 30, 2000 Thereafter, this Agreement shall be renewed for
successive adchtlonal one (1) year terms commencing on October 1 of each year if Roanoke and
Page 3
Denton agree in writing on or before the first day of October to a successive term and the amount
of consideration to be prod hereunder for each successive term, provided, however, either party
may terminate th~s Agreement upon thirty (30) days written notice to the other
V
Th~s Agreement represents the entire and integrated agreement between Denton and Roanoke
and supersedes all prior negotiations, representations, and/or agreements, e~ther written or oral
Th~s Agreement may be amended only by written instrument s~gned by both Denton and
Roanoke
VI
Th~s Agreement and any of 1ts terms or prov~slons, 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 port~on of th~s Agreement shall be found to be contrary to law, it ~s the
~ntent of the parties hereto that the remmnmg portions shall rematn vahd and in full force and
effect to the extent posmble
VIII
The undersigned officer and/or agents of the part~es hereto are the properly authorized O~ClalS
and have the necessary authority to execute thru Agreement on behalf of the part~es hereto, and
each party hereby certffies to the other that any necessary resolutions extending smd authority
have been duly passed and are now m full fome and effect
h th ~
EXECUTED in duphcate originals t ~s e ~ day of 7~t.~t./~ , 1999
CITY OF DENTON, TEXAS
JACK
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Page 4
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF ROANOKE, TEXAS
~YOR t --
ATTEST
CITY SECRETARY
APPROVED AS TO LEGAL FORM
CITY ATTORNEY
F ~shared\dopt\LOL\Our Doeuments\Con~racts\99~roanoke animal control doc
Page 5