1996-263 ORDINANCE NO g&
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN 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 is hereby authorized to execute an
Agreement between the City of Denton and the City of Roanoke for
the impoundment and disposition of dogs and cats, a copy of which
is attached hereto and lncorporated by reference herein
SECTION II That the City Council authorizes the collection of
all fees as provided pursuant to the provisions of said Agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the /~ day of ~ , 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
THE STATE OF TEXAS X
X INTERLOCAL COOPERATION AGREEMENT
COUNq"f OF DENTON X
WHEREAS, the City of Denton, Texas and the City of Roanoke,
Texas are both local governments with the authority and power to
contracts, and
WHEREAS, the City of Denton is engaged in the services of
holding and disposIng of dogs and cats for the benefit of the
citizens of Denton, and
WHEREAS, the City of Denton is the owner of certain
facilities and equipment designed for the holding and disposition
of dogs and cats and has in ~ts employ trained personnel whose
duties are related to the use of such facilities and equipment,
and
WHEREAS, the City of Roanoke desires to obtain ~mpoundment
and d~sposltlon services for dogs and cats rendered by the C~ty
of Denton, as more fully hereafter described, for the benefit of
the residents of the City of Roanoke, Texas, and
WHEREAS, the City of Roanoke and the C~ty of Denton mutually
desire to be sub3ect to the provisions of Texas Government Code,
Chapter 791, the Interlocal CooperatIon Act and contract pursuant
thereto,
NOT, THEREFORE, the City of Roanoke and the City of Denton,
for the mutual consideration hereinafter stated, agree as
follows
I
A COVENANTS OF THE CITY OF DENTON
1 Holding of Dogs and Cats. The City of Denton
agrees to accept and hold dogs and cats lawfully
impounded by authorized representatives of the C~ty
of Roanoke and to accept and hold dogs and cats
brought to and released to the Center from the
residents of the City of Roanoke under the
following terms and conditions
a Holding Period for Dogs and Cats. The C~ty of
Denton agrees to hold such dogs and cats for a
per~od of nlnety-s~x (96) hours from the time
they are accepted by the Animal Control Center,
unless such animal is released to the Center by
the animal's owner, in order to allow the
owners of the impounded animal a reasonable
amount of t~me to reclaim the ~mpounded animal
If the animal is not reclaimed within the
ninety-slx (96) hour period, the ownership of
the animal shall revert to the adoption or
humanely destroyed Animals will be humanely
destroyed or placed for adoption at the
discretion of the Animal Control Supervisor
b ~oldlnq Fees for Impounded Doqs and Cats. For
the purpose of th~s Agreement, the City of
Denton will charge Slx Dollars ($6 00) per day
holding fee for each day that an animal ~s held
at the 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
· ts litter and is being kept in the same cage,
w~ll be considered one animal for the
assessment of charges provided for in th~s
Agreement This fee w~ll be assessed against
the owner of the animal at the time the animal
· s reclaimed No animal w~ll be released until
all applicable fees are paid in full
c ~oldlnq of Ouarantlned Animals. The City of
Denton agrees to accept and hold rabid suspects
in quarantine for the City of Roanoke when
conditions permit, and such action ~s
authorized by a representative of the C~ty 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 ~s held
e Head Shipments and Rabies Testing. Upon
request of the City of Roanoke, the City of
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
2 The City of Denton agrees to request residence
information from a person bringing or releasing
animals to the Center ~n order to verify their
residence in the City of Roanoke Th~s requested
lnformat~on shall ~nclude
a The person's address and telephone number,
b The person's acknowledgement of his/her
residence being in the City of Roanoke
B COVENANTS OF THE CITY OF ROANOKE
1 Financial Responsibility1 In order to reimburse
the C~ty of Denton for ~ts costs ~ncurred under
this Agreement, the City of Roanoke agrees to pay
for the holding fees and euthanasia fees on dogs
and cats received from the City of Roanoke or its
authorized agent ~f the animal(s) ~s not reclaimed
by the owner These fees will be assessed on the
following basis
a Euthan~zed Animal
$6 00 per day holding fee for each animal as
determined hereln~ plus a $15.00 euthansla fee°
b Adopted Animal
$6 00 per day holding fee for each animal as
determined herein
c Head Shipments
$35 00 shipment fee
2 The City of Denton w~ll collect impound fees duly
authorized by the City of Roanoke and as specified
in this paragraph from the owners of dogs and cats
received from the C~ty of Roanoke Impound fee
mon~es will be applied to fees owned the City of
Denton by the C~ty of Roanoke for animals not
reclaimed by the owner
1st Impoundment - $20 00
2nd Impoundment - $30 00
3rd Impoundment - $45 00
4th Impoundment - $67 00
3 The City of Roanoke agrees payment shall be made
within forty-five (45) days of receipt of ~nvolce
by the City of Roanoke
II
The City of Denton agrees to and accepts full responsibility
for the acts, negligence, and/or omissions of all of the City of
Denton's employees and agents, the C~ty of Denton's
subcontractors, and/or contract laborers doing work under a
contract or agreement with the City of Denton in performance of
this agreement with sa~d City of Denton The C~ty of Roanoke
agrees to and accepts full responsibility for the acts,
negligence, and/or omissions of all of the City of Roanoke's
employees and agents, and the City of Roanoke's subcontractors
and/or contract laborers doing work under an agreement or
contract wzth the Czty of Roanoke in performance of thms
agreement with the City of Denton It is further agreed that ~f
claim or l~ab~l~ty shall ar~se from he 3olnt or concurring
negligence of both part~es hereto, ~t shall be borne by them
comparatively ~n accordance with the laws of the State of Texas
Th~s paragraph shall not be construed as a waiver by either party
of any defenses available to ~t under the laws of the State of
Texas It ~s understood that ~t ~s not the intention of the
parties hereto to create l~abll~ty for the benefit of third
part~es, but that th~s agreement shall be for the benefit of the
part~es hereto
III
The fact that the City of Roanoke and the C~ty of Denton
accept certain responsibilities relating to the collection and
· mpound~ng of dogs and cats under this agreement as a part of
their responsibility for providing protection or the public
health and welfare and, therefore, makes ~t ~mperat~ve that the
performance of these vital services be recognized as a
governmental immunity shall be, and it is hereby ~nvoked to the
full extent possible under the law Neither the C~ty of Denton
nor the C~ty of Roanoke waives or shall be deemed hereby to
waive, any ~mmun~ty or defense that would otherwise be available
to ~t against the claims arising from he exercise of governmental
functions
IV
The term of the agreement shall be for a period of one (1)
year, commencing as of October 1, 1996 and ending October 1,
1997 Thereafter, th~s agreement shall be renewed for successive
additional one(l) year terms commencing on May 1 of each year ~f
the C~ty of Roanoke and the C~ty of Denton agree ~n writing on or
before the f~rst day of May to a successive terms and the amount
of conslderatlon to be paid hereunder for each successive term,
provided, however, e~ther party may terminate th~s Agreement,
upon thirty (30) days written not~ce to the other
V
Th~s Agreement represents the entire and integrated
agreement between the C~ty of Denton and the C~ty of Roanoke and
supersedes all prior negotiations, representations and/or
agreements, e~ther written or oral Th~s Agreement may be
amended only by written ~nstrument s~gned by both the City of
Denton and the City of Roanoke
VI
Th~s Agreement and any of ~ts terms or provisions, as well
as the r~ghts 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
VIII
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 21st day of
August , 1996
City of Denton
May~/'
JC{~ S~L~%etar~- ---
Cqty Attopney
CITY OVOANOKE '
Mayor
· ' C1 ty~%-~ret~ry
APPROVED AS TO LEGAL FORM By
C~ty Attorney