2004-149AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENTERLOCAL
COOPERATION AGREEMENT BETWEEN THE crrY OF DENTON, TEXAS, AND THE
CITY OF ROANOKE, TEXAS, FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS
AND CATS AND THE COLLECTION OF FEES PURSUANT TO TtIE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor, or in her absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Cooperation Agreement between the City of Denton and City of Roanoke for
the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is
attached hereto and incorporated by reference herein.
SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant
to the provisions of said Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / ¢~/~ day of ~/fi~ ',.~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
STATE OF TEXAS sS
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
WHEREAS, the City of Denton, Texas ("DENTON") and the City of Roanoke, Texas
("ROANOKE") are both local governments with the authority and power to contract; and
WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and
cats for the benefit of the citizens of DENTON; and
WHEREAS, 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, ROANOKE desires to obtain impoundment and disposition services for
dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the
citizens of ROANOKE; and
WHEREAS, ROANOKE and DENTON mutually desire to be subject to the provisions
of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto; and
WHEREAS, both DENTON and ROANOKE have the authority to perform the services
set forth in this Agreement individually in accordance with Texas Government Code
§791.01 l(c); and
WHEREAS, ROANOKE will make all payments for services out of available current
revenues and DENTON agrees that the payments made by ROANOKE hereunder will fairly
compensate it for the services provided;
NOW, THEREFORE, ROANOKE and DENTON, for the mutual consideration
hereinafter stated, agree as follows:
A. COVENANTS OF THE CITY OF DENTON
1. Holding of Dogs and Cats. DENTON agrees to accept and hold dogs and cats
lawfully impounded by authorized representatives of ROANOKE under the following
terms and conditions:
Holding Period for Dogs and Cats. DENTON agrees to hold such dogs and cats
for a period of ninety-six (96) hours fxom the time they are accepted by the
Animal Control Center 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
ANIMAL CONTROL [NTEKLOCAL COOPERATION AGREEMENT - ROANOKE
PAGE 1 OF 5
reclaimed within the ninety-six (96) hour period, the ownership of the animal
shall revert to the Animal Control Center. Animals will be humanely destroyed or
placed for adoption at the discretion of the Animal Control staff.
Holding Fees for Impounded Dogs and Cats. For the purpose of this Agreement,
DENTON will charge Fifteen Dollars ($15.00) for the first day or part of a day
and Five Dollars ($5.00) for each subsequent day holding fee that an animal is
held at the Animal Control 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.
Holding of Quarantine Animals. DENTON agrees to accept and hold rabid
suspects in quarantine for ROANOKE when conditions permit, and such action is
authorized by a representative of ROANOKE.
Holding Fees for Quarantined Animals. The holding fee for quarantined animals
shall be Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars
($5.00) for each subsequent day that the animal is held.
Head Shipments and Rabies Testing. Upon request of ROANOKE, 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
Seventy Dollars ($70.00) for each head shipped.
B. COVENANTS OF THE CITY OF ROANOKE
1. Financial Responsibilities. In order to reimburse DENTON for its costs incurred
under this Agreement, ROANOKE agrees to pay for the holding fees and euthanasia
fees on dogs and cats received from 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: Fifteen Dollars ($15.00) for the first day or part of a day and
Five Dollars ($5.00) for each subsequent day holding fee for each animal as
determined herein, plus Thirty Dollars ($30.00) euthanasia fee.
b. Adopted Animal: Fifteen Dollars ($15.00) for the first day or part of a day and
Five Dollars ($5.00) for each subsequent day holding fee for each animal as
determined herein.
c. Head Shipments: Seventy Dollars ($70.00) shipping fee.
PAGE 2 OF $
d. Carcass Disposal: Five Dollars ($5.00).
DENTON will collect impound fees duly authorized by ROANOKE and as specified
in this paragraph fi:om the owners of dogs and cats received fi:om ROANOKE.
Impound fee monies will be applied to fees owed DENTON by ROANOKE for
animals not reclaimed by the owner:
IMPOUND FEE
1st Impoundment - $20.00
2"d Impoundment - $30.00
3rd Impoundment - $45.00
4th Impoundment - $70.00
3. ROANOKE agrees payment shall be made within forty-five (45) days of receipt of
invoice by ROANOKE.
DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of
all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing
work under a contract or agreement with DENTON in performance of this Agreement with
ROANOKE. ROANOKE agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all ROANOKE's employees and agents, ROANOKE's subcontractors
and/or contract laborers doing work under a contract or agreement with ROANOKE in
performance of this Agreement with DENTON. It is further agreed that if claim or liability shall
arise from the 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.
The fact that ROANOKE and DENTON accept certain responsibilities relating to the collection
and impounding of dogs and cats under this Agreement as part of their responsibility for
providing protection for 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 is
hereby invoked to the full extent possible under the law. Neither DENTON nor ROANOKE
waives or shall be deemed hereby to waive any immunity or defense that would otherwise be
available to it against the claims arising fi:om the exercise of governmental functions.
ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT - ROANOKE
PAGE 3 OF 5
The term of this Agreement shall be in one-year increments, beginning on January 1, 2004 and
continuing to December 31 of the following year and thereafter from year to year until
terminated in accordance with this agreement.
Either party may terminate this Agreement at any time without cause by giving 90 days advance
notice in writing to the other, specifying the date of termination. If either party breaches a
provision of this Agreement, the other party shall give the defaulting party written notice of the
default. Should the defaulting party fail to correct the default within thirty days of the date
notice of default is sent, the other party may declare the Agreement terminated.
This Agreement represents the entire and integrated agreement between DENTON and
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
DENTON and ROANOKE.
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.
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.
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 fome and effect.
ANIMAL CONTROL INTERLOCAL COOPERATION AGREEMENT - ROANOKE
PAGE 4 OF 5
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTEP~, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
EULINE BROCK, MAYOR
CITY OF ROANOKE, TEXAS
M~.YOR ~/ -- --
ATTEST: ~ ,x... .......... :Tt~l, ~
C~YSEC~T~Y g i ~ .,~
BY: ~ ~i'~ ...... 2~ ·
, o '"..:,~, x~;~
~PROVED AS TO LEG~ FO~:
CITY ATTO~Y
PAGE5OF5