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2000-389 ORDINANCE NO o~:o -.~gc) AN 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 SAD AGREEMENT, AND PROVIDING FOR AN EFFECTWE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or m her absence the Mayor ProTem, m hereby authorized to execute an Interlocal Cooperation Agreement between the City of Denton and City of Roanoke for the ~mpotmdment and d~sposmon of dogs and cats, substantmlly ~n the form of the copy ofwtuch m attached hereto and ~ncorporated by reference herem SECTION 2 That the C~ty Cotmcfl authorizes the collectmon of all fees as prowded pursuant to the provlmons of stud Agreement SECTION 3 That thru ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED tNs the [~]~'~ dayof O0_.~oF ,2000 EULINE BROCK, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY ? STATE OF TEXAS § § INTBRLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the Cl~ of Denton, Texas ("DENTON") and the City of Roanoke, Texas ("ROANOKE") are both local governments with the anthonty 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 eqmpment designed for the holding and dlsposlUon of dogs and cats and has in its employ trained personnel whose duties are related to the use of such fac,hr, es and equipment, and WHBREAS, ROANOKE desires to obtmn impoundment and d~sposlUon services for dogs and cats rendered by DENTON, as more fully hereafter described, for the benefit of the c~uzens 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 authonty to perform the services set forth in flus Agreement individually in accordance with Texas Government Code §791 0Il(c), and WHEREAS, ROANOKE vail make all payments for services out of avmlable current revenues and DENTON agrees that the payments made by ROANOKE hereunder will fmrly 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 Holdln~ of Do~s and Cats DENTON agrees to accept and hold dogs and cats lawfully nupounded by anthonzed representatwes of ROANOKE under the following terms and conditions a Holding Penod for Dogs and Cats DENTON agrees to hold such dogs and cats for a period of mnety-slX (96) hours from the time they are accepted by the Animal Control Center m order to allow the owners of the impounded animal a reasonable amount of tn'ne to reclaim the impounded ammal If the ammal is not ANIMALCONTROL~T~RLOCALCOOPERATIONAOR~BMBNT--ROANOKE PAO~IoF5 recl~umed wathan the mnety-sax (96) hour penod, the ownershap of the mumal shall revert to the Ammal Control Center Ammals wall be humanely destroyed or placed for adoptaon at the dascretmn of the Ammal Control staff b Holding Fee~ for Imnounded Do~,s and Cats For the purpose of this Agreement, DENTON wall charge Fffieen Dollars ($15 00) for the first day or part of a day and Fave Dollars ($5 00) for each subsequent day holding fee that an ammal is held at the Ammal Control Center In determining the meaning of the term "ammal" as used hereto, at as agreed that a pregnant ammal wbaeh has ats latter whale being held, or an anamal whach as nursing ars latter and as being kept an the same cage, wall be considered one animal for the assessment of charges provided for an thas Agreement Tbas fee wall be assessed against the owner of the ammal ~ at the tame the ammal as rechumed No anamal wall be released until all apphcable fees are paad an full c Holding of Quarantane Ammals DENTON agrees to accept and hold rabad suspects in quarantane for ROANOKE when condataons permat, and such action as anthonzed by a representatave of ROANOKE d Holding Fees for Quarantined Anunals The holdang fee for quarantined anamals shall be Fffieen Dollars ($15 00) for the first day or part of a day and Fave Dollars ($5 00) for each subsequent day that the anamal as held e Head Shmments and Rabaes Testm~ Upon request of ROANOKE, DENTON wall provade for the removal and slupment of heads of rabad suspects for chmcal rabaes testang at the Texas Department of Health The fee for this servace shall be Tharty-five Dollars ($35 00) for each head shapped B COVENANTS OF THE CITY OF ROANOKE 1 Fmancml Resp0nsabflmes In order to reamburse DENTON for ats costs ancurred under this Agreement, ROANOKE agrees to pay for the holding fees and euthanasm fees on dogs and cats received from ROANOKE or ats anthonzed agent ~f the ammal(s) is not reclaimed by the owner These fees wall be assessed on the following basis a Euthanazed Ammal F~fteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day holding fee for each ammal as determined herean, plus Fifteen Dollars ($15 00) euthanasia fee b Adopted Ammal Fifteen Dollars ($15 00) for the first day or part of a day and F~ve Dollars ($5 00) for each subsequent day holdang fee for each animal as determaned herein c Head Sbapments Thirty-five Dollars ($35 00) shappang fee ANIMAL CONTP~OL INTERLOCAL COOPERATION AOREEMENT -- ROANOKE PAOE 20P 5 2 DENTON will collect impound fees duly authorized by ROANOKE and as specified in tins paragraph from the owners of dogs and cats received from ROANOKE Impound fee momes will be applied to fees owed DENTON by ROANOKE for annuals not recltlmed by the owner IMPOUND FEE l~t 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 2 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 responslblhty for the acts, neglagence, 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 an performance oftlus Agreement with DENTON It is further agreed that af clmm or liability shall arise from the joint or concurnng 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 wmver by either party of any defenses available to it under the laws of the State of Texas It is understood that at is not the intention of the parties hereto to create hablhty for the benefit of tinrd parties, but that this Agreement shall be for the benefit of the parties hereto 3 The fact that ROANOKE and DENTON accept certain responslblhtles relating to the collection and impounding of dogs and cats under this Agreement as part of their responsahihty for prowdmg protectaon for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental lmmumty 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 lmmurnty or defense that would otherwise be avatlable to it against the claims ansmg from the exercise of governmental functions 4 The term of tins Agreement shall be for a period of one (1) year, commencing as of October l, 2000 and ending September 30, 2001 Thereafter, this Agreement shall be renewed for pAGB 30V 5 successive adchtional one (1) year terms commencing on October 1 of each year if ROANOKE and DENTON agree m wntmg on or before the first day of October to a successive term and the mount of, consideration to be pad hereunder for each successive term, provided, however, either party may termmate tlus Agreement upon thirty {30) days written notice to the other 5 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 Tlus Agreement may be amended only by written instrument signed by both DENTON and ROANOKE 6 Tlus 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 tins Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remanlng portions shall roman valid and in full fome and effect to the extent possible 8 The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have tho necessary anthonty to execute this Agreement on behalf of the parties hereto, and each party hereby comfies to tho other that any necessary resolutions extendmg sad anthonty have been duly passed and are now in full force and effect EXECUTED m duplicate ongmals this the /~7 ~ day of t~&~(o/oof , 2000 CITY OF DENTON, TEXAS EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY PAOB d OF 5 CITY OF ROANOKE, TEXAS ATTEST cIrY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY ANIMALCORTROLINTBRLOCALCOOPBRATIONAORBBMBNT--ROANOKR PAORSOF5