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