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HomeMy WebLinkAboutD-1886-08 Carmel/Hamilton Co./Stray Animal Care Serv.Sponsor: Councilor Joseph C. Griffiths ORDINANCE D-1886-08 WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the' Common Council to approve such "interlocal agreements;" and WHEREAS, the "interlocal agreement" by and between the City of Carmel, Indiana, and.Hamilton County, Indiana, pertaining to the provision of stray animal care services, a copy of which is attached hereto and incorporated herein as Exhibit A ("InterlocalAgreemerit'.'),'is,in the best interests of the City of Carmel and its residents. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The.Clerk-Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36-1-7-6. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. hc? 'k_ PASSED by the Common Council of the City of Carmel, Indiana this 3 day of no-?_Jn 2008, by a, vote of, to ayes and _6 nays. TH Ronald E. Carter. ATTEST/) Diana L. CCorrdray, L MMC, Clerk-Tress e Page One of Two Pages The document was preparr > Dougn C. Haney® Carmel City Attorney. R?e„nNrce?w,??nw.w ? ?xtrr oansxc ?a„esod•yaao?m-ins-w.ee??nvmaq Sponsor: Councilor Joseph C. Griffiths h? Presented b me to the Mayor of the City of Carmel, Indiana, this 3 day of nOAxl 2008, at (o' 3 O'clock, ?. M. Diana L. Cordray, IAMC, Clerk-Tr surer h c9 Approved by me, Mayor of the City of Carmel, Indiana, this 3 2008, at 6" 3,c{ O'clock, P ..M. DianaL. Cordray, Ordinance D-1886-08 Page Two 6f Two Pages Clerk- day of n 0?), C-A- n jxzzw - Ae - 1-5, ernftes I rainar , Mayor The document was freparyed b?Douglas C. Haney- Carmel City Attorney. ?..E B?uUtYDU?UNpCI AGPPPI+?.KOPDSWCiI•--SonpylOOE NIIYLE.Gx}131RW17 lbbtlb1 /91b RuxEpLm $b . bb 04/04/2008 03:39:37P 4 PGS C1 1`t tiJ Jennifer J Hayden Q HAMILTON County Recorder IN Recorded as Presented ANIMALS Df3LIVERF,D TO TFIF IIAMILTON COUNTY FIUMANIF, SOCIETY THIS AGREEMENT entered.into on the dates set out herein, by and between Hamilton County, Indiana, ("the County") and the City of Carmel, Indiana, ("the City"); and, WITNESS THAT: WHEREAS, the County, and the Humane Society for Hamilton County, Inc., ("the Society") have entered into a Service Agreement for the calendar year 2008, for the Society to be compensated for costs associated with the care of certain unwanted animals; and, WHEREAS, the Service Agreement defines a "Participating Uait' as follows: "Participating Unit" is defined as the County,-and any city, or town within the County which enters into an agreement to reimburse the County, the amount of One Hundred Thirty-seven Dollars and Seventy-two Cents (5137.72) per animal.for each Stray Animal, which is received by the Society; and, WHEREAS, the Service Agreement defines the,term "Unwanted Animal" as follows: "Unwanted Animal" is defined as: 1) an animal delivered to the shelter from a law enforcement officer of a Participating Unit; or 2) an animal which is delivered to the shelter by a resident of a Participating Unit, which is not owned or controlled by the resident, but is delivered by the resident in order that the animal may be treated humanely; or 3) an animal delivered to the shelter by its owner, who resides within a Participating Unit. WHEREAS, the.City of Carmel desires to enter into an agreement whereas the City would be a Participating Unit as defined in the Service Agreement, to'permit its law enforcement officers and citizens to deliver Unwanted dogs and cats to the Society; and to be obligated to reimburse the County the amount of One Hundred Thirty-seven Dollars and Seventy-two Cents ($137.72) per animal for each Unwanted dog or cat defined in the Service Agreement. IT IS THEREBY AGREED by the County and the City as follows: The City agrees to reimburse the County, the amount of One Hundred Thirty- seven Dollars and Seventy-two Cents ($137.72) for each Unwanted dog or cat which is either: a) delivered to the Society by a law enforcement officer of the City; b) a dog or cat which is delivered to the Society by a resident of the City, which the animal is not owed or controlled by the resident but is delivered by the resident in order that the dog or cat may be treated humanely; or c) an animal delivered to the shelter by its owner, who resides within a Participating Unit. 2. The Hamilton County Auditor shall cause a list of Unwanted Animals provided to the County by the Society to be delivered to the City monthly. The City shall, in conformance with the City's payment schedule, reimburse the County the amount the amount for the Unwanted dogsand cats chargeable to the City at the rate of One Hundred Thirty-seven Dollars and Seventy-two Cents. ($137.72). 3. The parties agree that they have been operating under the terms in anticipation of this Agreement since January 1, 2008, and that this Agreement shall be effective for all dogs and cats from the City for the calendar year 2008 and shall continue from month to month thereafter until modified or terminated, subject to appropriation. 4. All other terms of the Service Agreement concerning the treatment of Unwanted Animals are incorporated herein by reference. 5. In the event that there is a dispute between the Participating Unit, the Society, or the County concerning any of the terms contained herein, the parties agree that there shall be a meeting held within ten (10) days of written notice of that dispute between the President of the Society, a designee of the Board of Commissioners of Hamilton County, and a designee of the City to attempt resolution of said dispute. 6. In the event any dispute is not resolved pursuant to paragraph 5 above, the parties agree to submit said dispute to mediation pursuant to the Indiana Rules of Alternative Dispute Resolution prior to initiating any lawsuit. ALL OF WHICH IS AGREED by and between the City and the County on the dates set out herein. MC'C M 0 IONERS OF T Dated: b3-Cq-ZC*Dct? Christine Altman / C Steven A. Holt Steven C. Dillinger , ATTEST: 'hewn. m ?/1'?i Rob n M. Mills, Auditor PASSED by the Common Council of the City of Carmel, Indiana this 3 A d day of hgoa . GQn 2008, by a vote of p ayes and _0 nays. COMMON COUNCIL FOR THE CITE' OF CARIVIEL Z' ? 0 esiding O?r O? Richard L. Sharp, lFesid;ut-P,o Tempore •Accetturo NDY P2csENT- Ronald E. Carter ATTEST: "'d. Diana L. Cordray, IAMC, Clerk- easurer Presented by me to the Mayor of the City of Carmel, Indiana this 3 day of cY o><c?. 2008, atto .M. Diana L. Cordray,, IAMC, Clerk- e surer Approved by me, Mayor of the City of Carmel, Indiana, this 3b io day of 2008, at to%.3M -F-.P ATTEST: Diana L. Cordray, Luc' nyder