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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