2001-436AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY 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 THE 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 m her absence the Mayor ProTem, is hereby authorized to
execute an Interloeal Cooperation Agreement between the City of Denton and City of Roanoke for
the impoundment and chsposmon of dogs and cats, substantially in the form of the copy of winch is
attached hereto and incorporated by reference hereto
SECTION 2 That the City Council authorizes the collection of all fees as provided pursuant
to the provisions of smd Agreement
SECTION 3 That this ordinance shall become effective lmsnedlately upon its passage and
approval
PASSED AND APPROVED this the 6~O 57~ day of ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
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 ~s 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 dlspomtlnn of dogs and cats and has in its employ trained personnel whose duties are
related to the use of such facthtles and equipment, and
WHEREAS, ROANOKE desires to obtain nnpoundment and disposition services for
dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the
clUzens of ROANOKE, and
WHEREAS, ROANOKE and DENTON mutually desire to be subject to the provisions
of Texas Government Code, Chapter 791, the Interloeal Cooperation Act and contract pursuant
thereto, and
WHEREAS, both DENTON and ROANOKE have the authority to perform the services
set forth m tbas Agreement individually In accordance with Texas Government Code
§791 01 l(e), and
WHEREAS, ROANOKE will make all payments for services out of avmlable 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
1
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 cond~tions
a Hold]ne Period for Do~,s and Cats DENTON agrees to hold such dogs and cats
for a pcr~od of ninety-six (95) hours fi.om the t~me they arc accepted by the
Animal Control Center m order to allow the owners of the impounded animal a
reasonable amount of time to reclaim the impounded animal If the animal ~s not
reclaimed w~thm the ninety-slx (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
b 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 determxnlng the meaning of the term
"animal" as used hereto, it ~s agreed that a pregnant animal which has ~ts htter
while being held, or an animal which ~s nursing its htter and is being kept in the
same cage, will be considered one ammal for the assessment of charges provided
for m flus Agreement This fee will be assessed agmnst the owner of the animal
at the t~me the animal ~s reclmmed No ammal will be released until all apphcable
fees are pa~d xn full
c Holdm~ of Ouarantme Ammals DENTON agrees to accept and hold rabid
suspects xn quarantine for ROANOKE when conditions permit, and such action is
authorized by a representative of ROANOKE
d Holding, Fees for Ouarantmed Animals The holding fee for quarantined animals
shall be Fifteen Dollars ($15 00) for the first day or part ora day and Five Dollars
($5 00) for each subsequent day that the animal xs held
e Head ,~hmments and Rabies Testing Upon request of ROANOKE, DENTON
will provide for the removal and shipment of heads of rabid suspects for chmcal
rabies testing at the Texas Department of Health The fee for this service shall be
Seventy Dollars ($70 00) for each head slupped
B COVENANTS OF THE CITY OF ROANOKE
1 Fmancxal Responsibilities In order to reimburse DENTON for its costs incurred
under thts Agreement, ROANOKE agrees to pay for the hol&ng fees and euthanasia
fees on dogs and cats received from ROANOKE or its authorized agent if the
ammal(s) Is not reclaamed by the owner These fees will be assessed on the following
basis
a Euthanized Ammal Fifteen Dollars ($15 00) for the first day or part ora 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 Ammal 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
AN{MAL CON'~ROL {]qT"I~[~OCA[, COOPB~,AT]ON AORI{EMI~NT - ROANOK{~ PAO~ 2 OF
2 DENTON will collect ~mpound fees duly authorized by ROANOKE and as spemfied
m thru paragraph from the owners of dogs and cats received from ROANOKE
Impound fee momes will be apphed to fees owed DENTON by ROANOKE for
ammals not reclmmed by the owner
IMPOUND FEE
1st Impoundment - $20 00
2nd Impoundment - $30 00
3ra Impoundment - $45 00
4th Impoundment - $70 00
3 ROANOKE agrees payment shall be made w~th~n forty-five (45) days of receipt of
mvome by ROANOKE
2
DENTON agrees to and accepts full responstbfltty for the acts, neghgence, and/or om~sstons of
all DENTON's employees and agents, DENTON's subcontractors and/or contract laborers doing
work under a contract or agreement with DENTON tn performance of th~s Agreement w~th
ROANOKE ROANOKE agrees to and accepts full responsthfltty for the acts, neghgence,
and/or omissions of all ROANOKE's employees and agents, ROANOKE's subcontractors
and/or contract laborers doing work under a contract or agreement wath ROANOKE tn
performance o f thru Agreement with DENTON It ts further agreed that ~f claim or habihty shall
arise fi:om the joint or concumng neghgence of both part,es hereto, ~t shall be borne by them
comparattvely tn accordance w~th the laws of the State of Texas Tlus paragraph shall not be
construed, as a wtuver by e~ther party of any defenses available to tt under the laws of the State of
Texas It ts understood that ~t ~s not the intention of the parttes hereto to create habdtty for the
benefit of third part,es, but that flus Agreement shall be for the benefit of the part,es hereto
3
The fact that ROANOKE and DENTON accept certmn responstbfl~t~es relating to the collection
and ~mp0undlng of dogs and cats under th~s Agreement as part of their responstbfltty for
prowdmg protection for the pubhe health and welfare and, therefore, makes ~t ~mperat~ve that the
performance of these vital servtces be reeogmzed as a governmental ~mmumty shall be, and ~s
hereby revoked to the full extent possible under the law Netther DENTON nor ROANOKE
watves or shall be deemed hereby to wsave any lmmumty or defense that would otherwtse be
available to tt agmnst the claims arising fi:om the exermse of governmental functtons
4
The term of thts Agreement shall be for a period of one (I) year, commencing as of October 1,
2001 and ending September 30, 2002 Thereafter, th~s Agreement shall be renewed for
ANIMAL CONTROL INTBRLOCAL COOt~IERAT{O" ~ORRRMRNT -- ROANOKE PAOB 3 OF $
successive additional one (1) year terms commencing on October 1 of each year tf ROANOKE
and DENTON agree in writing on or before the first day of' October to a successive term and the
amount of conslderatton to be paid hereunder for each successive term, prowded, 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 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
6
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
7
In the event that any portion of flus Agreement shall be found to be contrary to law, it is the
intent of the parties hereto that the remalmng portions shall remain valid and m full force and
effect to the extent possible
8
The undersigned officer and/or agents of the parties hereto are the properly authorized officials
and have the necessa~ authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending satd authority
have been duly passed and are now m full force and effect
2001
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF ROANOKE, TEXAS
YOR ~
ATTEST
city ~
,~PROV~D AS TO LEGA~ rom
CITY ATTORNEY