1995-005E:\WPDOCS\ORD\ROANOKE.O
ORDINANCE NO. ~
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 incorporated 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 ~, 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
0
THE STATE OF TEXAS X
X XNTERLOCAL COOPERA~XON AGREEMEN~
COUNTY 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 its employ trained personnel whose
duties are related to the use of such facilities and equipment;
and
WHEREAS, the City of Roanoke desires to obtain impoundment
and disposition services for dogs and cats rendered by the City
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 City of Denton mutually
desire to be subject 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 City
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 City of
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,
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 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 adoption or
humanely destroyed. Animals will be humanely
destroyed or placed for adoption at the
discretion of the Animal Control Supervisor.
b. Holding Fees for Impounded Dogs and Cats. For
the purpose of this Agreement, the City of
Denton will charge Six Dollars ($6.00) per day
holding fee for each day that an animal is 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
its litter and is being kept in the same cage,
will be considered one animal 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 in full.
c. Holding of Quarantined 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 is
authorized by a representative of the City 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 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 in order to verify their
residence in the City of Roanoke. This requested
information shall include:
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 Responsibility. In order to reimburse
the City of Denton for its costs incurred 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 if the animal(s) is not reclaimed
by the owner. These fees will be assessed on the
following basis:
a. Euthanized Animal:
$6.00 per day holding fee for each animal as
determined herein.
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 will 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 City of Roanoke. Impound fee
monies will be applied to fees owned the City of
Denton by the City of Roanoke for animals not
reclaimed by the owner.
IMPOUND FEE
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 invoice
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 City 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 said City of Denton. The City 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 with the City of Roanoke in performance of this
agreement with the City of Denton. It is further agreed that if
claim or liability shall arise from he joint or concurring
negligence of both parties hereto, it shall be borne 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 the City of Roanoke and the City of Denton
accept certain responsibilities relating to the collection and
impounding 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 it imperative that the
performance of these vital services be recognized as a
governmental immunity shall be, and it is hereby invoked to the
full extent possible under the law. Neither the City of Denton
nor the City of 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 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, 1994 and ending October 1,
1995. Thereafter, this agreement shall be renewed for successive
additional one(l) year terms commencing on May 1 of each year if
the City of Roanoke and the City of Denton agree in writing on or
before the first day of May to a successive terms 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.
This Agreement represents the entire and integrated
agreement between the City of Denton and the City of 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 the City of
Denton and the City of Roanoke.
VI
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.
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 ]~ day of
City Secretary
C~ty Attorney
~/ C~ecretary 7 ~
i~y Attorney