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1994-056AN 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 as Exhibit A 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 immed- iately upon its passage and approval. PASSED AND APPROVED this the~~ day of~~-~ , 1994. BOB CASTLEBERRY, MA~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY THE STATE OF TEXAS >' '< IN~AL G~PERATION AGRF~F~T C~UNTY OF DENT~N >~ WHEREAS, the City of Denton, Texas and the City of Roanoke, Texas are both local governments with the authority and power to contract; and WHEREAS, the City of Denton ie engaged in the services o£ holding and disposing of dogs and cats for the bene£~t of the citizens of Denton; and WHEREAS, the City of Denton ie the owner of certain ~acil±ties and equipment designed for the holding and disposition o£ dogs and cats and has in its employ trained personnel whose duties are related to the uae of such facilities and equipment; and WHEREAS, the City of Roanoke desires to obtain impoundment aed disposition services for dogs and cate rendered by the City of D~nton, as more fully hereafter described, £or the benefit of the residents o2 the City of Roanoke, Texas; and WHEREAS, the provision of impound~en~ and dispositio~ of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contractin~ ps.ties; 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 Interlosal Cooperation Act and contract pursuant thereto; NOW, THER~FORE, the City of Roanoke and the City of Denton, £or the mutual sonsideratioe hereina£ter stated, agree am follows: A. COVENANTS OF THE C~T¥ OF DEHTOH 1. Holdia~ of Do~s and Cats. The City o£ Denton agrees to accept and hold do§a and cats law£ully impounded by authorized representatives of the City of Roanoke and to accept a~d hold do~s and cats brought to and released to the Center from the residents of the City o£ Roanoke under the £ollowing terms and conditions~ (a) Holdin9 Period for Do~s and Cate. The City of Denton agrees to hold such dogs and cats for a period o~ ninety-six (96) hours £rom th~ time they are accepted by the Animal Control Center, unless [PAGE TWO OF FIVE] 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 rev~'t 'Lo the City of Denton and the animal wil be held for adoption or humanely destroyed. Animals wil be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. (b) Holdin~ Fses for Impounded Do~s and Cats. For the purpose of this Agreement, the City of Denton will charge Six Dollars (S6.00) per day holding fee for each day that an animal is held at th~ Center. In determinln~ the meanin~ 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 cs~e, will be considered one animal for Agreement. This fee will be assessed against the owne~ of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. Holdin~ of Quarantined Animals. The City of Denton agrees to accept and hold rabid suspects in quaFantine for the City of Roanoke when conditions permit, and such action is authorized by a representative of the City of Roanoke. (d) Holdin~ 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 D~nton will provide for the removal and shipment of heads of 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 reques't residence information from $ person bxinging o~ rel~in~ residence in the City of Roanoke. This requested (a) The person's address and telephone number; and (b) The person's acknowledgement of his/her residence being in the City o~ Roanoke. [PAGE THREE OF FIVE] B. COVENANTS OF THE CITY OF ROANOKE Finsnsial Reo~onoibillt¥. In order to roimburse thc City of Denton for its costs incurred under thio Agreement, the City of Roanoke agreeo to pay for the holding fees and euthanasia fees on dogs ond cats received from the City of Roanoke or its authorized agont if the animal(s) lo not reclaimed by the owner. These fees will be assessed on the (o) Euthanized Animal ~6.00 per day holding fee for each =nimsl as determined herein. (b) Adopted Animal ~6.00 per day holdin~ fee for each animsl as determined herein. (c) Head Shipments - S35.00 shipment fee. 2. The City of Dentsn will collect impound fees duly authorized by the City of Roanoke and as specified in this parsgraph from the owners of do~s and cato received from the City of Roanoke. Impound fee monieo will be applied to £ees owed the City Denton by the City of Roanoke for animals 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 agreeo payment st%all 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 atto, negligence, and/or omisoions of all of the City of Denton'o employees and agento, the City of Denton's oubcontractors, and/or contract laborers doing work under a contract or agreoment with the City of Denton in performance of this agreement with said City of Denton. The City of Roanoke agre=s to and accept~ full reoponsibility for tho acts, negligonoe, and/or omioslon~ of all of the City of Roanoke's employees and agents, and the City of Roanoke's oubcontractors and/or contract laborers doing work undor [PAGE FOUR OF FIVE] an agreement or contract with the City o£ Roanoke in performance this agreement with the City of Denton. It is £urther agreed that if claim or liability shall arise from the 3oint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. of any defenses available to it under the laws of the State oX 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 bene£1t of the III. The fact that the City of Roanoke and the City of Denton accept certain responsibilities relating to the coll~ction and impoundin~ of do§a and cats under this agreement as a p~t of their responsibility for providing protection for the public health and these vital services be recognized as a ~overnmentsl immunity shall be, and it is hereby invoked to the full ext~nt possiblw und=E the law. Neither the City of Denton nor the City of Roanok= waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it a~ainst the claims arisin~ from the exercise of goveramental £unctions. IV. The term of the Agreement shall be for a period of one (1) year, commencing as of October 1, 1993 and ending S~pt~mb~£ 30, 1994. Thereafter, this AGreement shall be renewed £o~ ~uccessive additional one (1) y~ar terms commencin~ ox* October. 1 ol eash year if the City of Roanoke and the City of Denton a~ree in writino on or before the first day of October to s successive amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this AGreement, upon thirty (3) days written notice to the other. V. This A§reement represents the entire and integrated agreement between the City of Denton and the City o~ Roanoke and supersedes 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 t~rms or provisions, the rights and duties of the parties hereto, shall be §ore, ned by the laws of the State of Texas. [PAGE FIVE OF FIVE] VII. In the event that any portion of this Agreement ahall be found to be contrary to law~ it is the intent of the partied h~-eto that the remaining portions shall remain valid and in full force and effect to the extent possible. VIII. are the properly mu%horized 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 necesaary resolutions extending said authority have be~n duly City ~cret ry City Attorney APPROVED AS TO LEGAL FDRM~ By: City Attorney