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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