1999-068 om r ANCE NO
THE COLLECTION OF FEES P~U~T TO THE PROVISIONS OF S~ AG~EMENT,
~ PR( ~V~G FOR ~ EFFECTWE DATE
THE COI NC~ OF T~ CI~ OF DENTON ~BY O~S
SE( TION I. T~t ~ Mayor, or m ~s abs~c~ th~ Mayor ~oT~, m h~by au~onz~ to
~x~ut~ ~ ~t~loc~ Coop~ranon A~m~nt b~n ~ C~ of D~nton ~d ~ Cny of Ro~ok~
for the ~ po~t ~d ~osmon of dogs ~d cats, subst~t~ly m ~e fo~ of the copy of
which m a taeh~ h~eto ~d anco~orated by reference hereto
SECTION II. That ~e ClW Co~efl au~onzes ~e collec~on of all fees as prowded p~su~t
to ~e pro~m~ons of smd A~eement
SECTION III. ~at ~s or~nmce sh~l become effective ~ed~ately upon ~ts p~sage ~d
approval[
PA~SED ~ ~PROVED ~s ~ ~ day of ~ ,1998
JACK~ER, MAYOR
ATTEST
JENN1FE ~. WALTERS, CITY SECRETARY
HERBER F L PROUTY, CITY ATTORNEY
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
WHEREAS, the Ctty of Denton, Texas ("Denton") and the Ctty of Roanoke, Texas
("Roanoke") are both local governments w~th the anthonty and power to contract, and
WHEREAS, Denton Is engaged m the servtces of holding and disposing of dogs and cats
for the benefit of the clttzens of Denton, and
WHEREAS, Denton is the owner of certmn facilities and equipment designed for the
holding and dtsposltton of dogs and cats and has m its employ trained personnel whose duties are
related to the use of such facflttles and extuipment, and
WHEREAS, Roanoke desires to obtmn impoundment and disposition services for dogs
and cats rendered by Denton, as more fillly hereai~er descnbed, for the benefit of the residents of
the City of Roanoke, Texas, 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 m tl~s Agreement md~wdually m accordance with Texas Government Code §791 011(c),
and
W~EREAS, Roanoke will make all payments for serwees out of available current
revenues and Denton agrees that the payments made by Roanoke hereunder will fairly
compensate it for the serwees provided,
NOW, THEREFORE, the Cl~y of Roanoke and the City o£ Denton, £or the mutual
consideration herema~er stated, agree as £ollows
I
A COVENANTS OF THE CITY OF DENTON
1 Holding of Do~s and Cats Denton agrees to accept and hold dogs and cats lawfully
impounded by authorized representaUves of Koanoke under the following terms and
condttlons
a Holding, Period for Do~s and Cats. Denton agrees to hold such dogs and cats for
a p~nod of mnety-slx (96) hours from the time they are accepted by the Ammal
Control Center in order to allow the owner~ of the impounded annual a reasonable
amount of time to recl~trrt the impounded animal If the annual is not reclatmed
wllhnl the mnety-s~x (96) hour penod, the ownership of the animal shall revert to
the Animal Control Center Ammals wall be humanely destroyed or placed for
adoption at the discretion of the Ammal Control staff
b I"Igldmo F~es for Impounded Does and Cats. For the purpose of this Agreement,
Denton will charge six dollars ($6 00) per day holding fee for each day that an
ammal ~s held at the Ammal Control Center In determining the meamng of the
term "animal" as used hereto, 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 ammal for the assessment of charges
prowded for in this Agreement This fee will be assessed against the owner of the
anunal at the time the anunal is reclaimed No ammal will be released until all
applicable fees are pad in full
c Ho!dine, of Ouarantme Animals Denton agrees to accept and hold rabid suspects
m quarantine for Roanoke when conditions permit, and such action IS authonzed
by a representative of Roanoke
d t-Ioldm_~ Fees for Ouarantmed Ammals The holding fee for quarantined animals
shall be seven dollars ($7 00) per day for each day that the animal IS held
e I-Icad Shipments and Rabies Testin~ Upon request of Roanoke, Denton will
prowde for the removal and shipment of heads of rabid suspects for climcal rabies
testing at the Texas Deparanent of Health The fee for this service shall be thirty-
five dollars ($35 00) for each head shipped
B COVENANTS OF THE CITY OF ROANOKE
1 Financial ResoonsIbihtleS. 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 eats received fi.om Roanoke or its anthonzed agent if the anmaal(s) IS not
reclaimed by the owner These fees wall be assessed on the following basis
a Euthamzed Ammal $6 00 per day holding fee for each animal as detenmned
hereto, plus $15 O0 euthanasia fee
b Adopted Ammal $6 00 per day holding fee for each animal as determined
hereto
c Head Shipments $35 00 shipping fee
2 Denton wall collect impound fees duly authorized by Roanoke and as specified m this
paragraph fi.om the owners of dogs and cats received fi.om Roanoke Impound fee
momes will be applied to fees owed Denton by Roanoke for animals not reelamaed by
the owner
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~IPOUND FEE
1st Impoundment - $20 O0
2~ Impoundment - $30 O0
3r~ Impoundment - $45 00
4t~ Impoundment - $67 00
3 Roanoke agrees payment shall be made withtn forty-five (45) days of receipt of
invoice by Roanoke
II
Denton agrees to and accepts full responsibility for the acts, negligence, and/or onnsslons 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 tins Agreement with Roanoke
Roanoke agree~ to and accepts full re~ponsthihty for the acts, negligence, and/or omissions of all
Koanoke's employees and agents, Roanoke's subcontractors and/or contract laborers doing work
under a contract or agreement with Roanoke tn performance of this Agreement with Denton It
is further agreed that if clatm or hablhty shall arise fi.om the joint or concumng 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 watver by either party of any defenses
avatlable to it under the laws of the State of Texas It is understood that it is not the mtentton of
the parttos hereto to create hablhty for the benefit of tturd parties, but that thts Agreement shall
be for the benefit of the parties hereto
III
The fact that Roanoke and Denton accept certain responsibilities relattng to the collectton and
impounding of dogs and cats under tlus Agreement as part of their responslbthty for providing
protechon for the public health and welfare and, therefore, makes it imperative that the
performance of these vital services be recogmzed as a governmental munumty shall be, and is
hereby revoked to the full extent possible under the law Neither Denton nor Roanoke waives or
shall be deemed hereby to wmve any lmmumty or defense that would otherwse be avmlable to it
agmnst the clatms arising fi.om the exercise of governmental functions
The term of tins Agreement shall be for a penod of one (1) year, commencing as of October 1,
1998 and ending September 30, 1999 Thereafter, tins Agreement shall be renewed for
successive addittonal one (1) year terms commencing on October 1 of each year if Roanoke and
Denton agree m writing on or before the first day of October to a successtve term and the amount
of consideration to be prod hereunder for each successive term, promded, however, etther party
may terminate flus Agreement upon thirty (30) days written notice to the other
Page 3
V
Th~s Agreement represents the enttre and ~ntegrated agreement between Denton and Roanoke
and supersedes all prior negotmt~ons, representatmns, and/or agreements, e~ther written or oral
Th~s Agreement may be mended only by written ~nstmment s~gned by both Denton and
Roanoke
Th~s Agreement and any of ~ts terms or prows~ons, as well as the rights and duties of the part,es
hereto, shall be governed by the laws of the State of Texas
VII
In the event that any port~on of ttus Agreement shall be found to be contrary to law, ~t ~s the
intent of the parttes h~reto that the remaining portions shall remain vahd and m full force and
effect to the extent posstble
The undersigned officer and/or agents of the part, es hereto are the properly authorized officmls
and have the necessary anthonty to execute th~s Agreement on behalf of the part, es hereto, and
each party hereby certffies to the other that any necessary resolutions extending said authority
have been duly passed and are now m full force and effect
EXECUTED ~n duphcate originals th~s theF~/}~ day of ~~.~ , 1999
CITY OF DENTON, TEXAS
JACK Iv~R, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PKOUTY, CITY ATTORNEY
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CITY OF ROANOKE, TEXAS
ATTEST
CITY SECRETARY
APPROVED AS TO LEGAL FORM
CiTY ATTOKNEY
BY
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