D-1860-07 Interlocal HC Humane Society
Sponsor: Councilor Griffiths
ORDINANCE D-1860-07
Ai" ORDINAi-...CE OF THE COMMON COUNCIL OF THE CITY OF CARl'\1EL. INDIANA.
APPROVING AND ADOPTING INTERLOCAL AGREEMENT
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 ("Interlocal Agreement"), is in the best
interests of the City of Carmel and its residents.
NOW, THEREFORE, BE IT RESOL YED by the Common COlUlcil of the City of Carmel,
Indiana, that:
Section I. 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.
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PASSED by the Common Council of the City of Carmel, Indiana thi~ day of~
,2007, by a vote of L.D ayes and b nays.
Page One ofTw~,a~es
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2007047888 ORDINANCE $23.00
08/21/2007 12:11:54P 6 PGS
Jennifer J Hayden
HAMILTON County Recorder IN
Recorded as Presenled
Prepared by Douglas C. Haney, Carmel City Attorney
(Z:'J> Bass'My OocummlSlORDnTANCI!S\rNTERLOCAL AGRfE.\1l!NT OlU>S\HC tt.lllllJlC !!<><:ict}l2007_00c,!llJf2007]
Sponsor: Councilor Griffiths
COMMON COUNCIL FOR THE CITY OF CARMEL
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Mark:ir _
Richard L. Sha~
me to the Mayor of the City of Cannel, Indiana, at 7: f~
,2007.
o'clockE m. on
~esented
the ~ day of
~ Approve
JO. dayof
ATTES .
Ordinance D-1860-07
Page Two of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
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Diana L. Cordray, IAMC, Clerk-Tre
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es Brainard, Mayor
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL.
INDIANA. AND HAMILTON COUNTY, INDIANA. CONCERNING UNWANTED
ANIMALS DELIVERED TO THE HAMILTON COUNTY HUMANE 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 2007, for the
Society to be compensated for costs associated with the care of certain unwanted
animals; and,
WHEREAS, the Service Agreement defines a "Participating Unit" 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-three
Dollars and Eighty-four Cents ($133.84) 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
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law enforcement officers"and citizens to deliver Unwanted dogs and cats to the Society;
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and to be obligated to reimburse the County the amount of One Hundred Thirty-three
Dollars and Eighty-four Cents ($133.84) 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:
1. The City agrees to reimburse the County, the amount of One Hundred Thirty-
three Dollars and Eighty-four Cents ($133.84) 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
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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 dogs and cats
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chargeable to the City at the rate of One Hundred Thirty-three Dollars and
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Eighty-f6ur Cents ($133.84).
3. The parties agree that they have been operating under the terms in
anticipation of this Agreement since January 1,2007, and that this
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Agreement ~hall be effective for all dogs and cats from the City for the
calendar year 2007 and shall continue from month to month thereafter until
modified orterminated, 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.
BOARD OF COMMISSIONERS OF
HAMIL TO COUNTY
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Dated: 03-.:<..(,-2.007
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~e Altman
1JiJ!I/' (). dti
Steven A. Holt
ATTEST:
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R bin M. Mills, Auditor
PASSED by the Common Council of the City of Carmel, Indiana this lO+"aayof
~~ &> J 2007, by a vote of U ayes and 0 nays.
Kevin Ki Y
COMMON COUNCIL FOR THE CITY OF CARMEL
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ATTEST:
easurer
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(\ Presen~e to the Mayor of the City of Carmel, Indiana this bb day of
u...u.~ . 2007, at /.'t5' P.M.
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Diana L. Cordray, IAMC, Clerk-Treas
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CWFe, Mayor of the City of Carmel, Indiana, this dD day of
. 2007, at7:1S- P.M.
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ATTEST:
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Diana L. Cordray, IAMC, Clerk-T e surer