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