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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