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D-2000-10 Hamilton County Stray Animal CareORDINANCE D- 2000 -10 SPONSOR: Councilor Snyder AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 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 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 as 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. PASSED by the Common Council of the City of Carmel, Indiana this 7 ay of 2010, by a vote of 7 ayes and nays. Richard L. Sharp, Pres' i ent Pro Tempore etturo R.nald E. Carter ATTEST azb Diana L. Cordray, IAMC Clerk -Tr Presented by me to the Mayor of the City of Carmel the day of 2010 ATTEST: Approved by me, Mayor of the City of Carmel, Indiana, at g o'clock f m. this day of S 2010. Diana L. Cordray, IAMC, Clerk- eas PREPARED BY Diana L. Cordray Clerk- Treasurer City of Carmel COMMON COUNCIL FOR THE CITY OF CARMEL rer 41111 Or A rr.' IP Ise Kevin Rider r iff l t W. Eric J ide ticker/ t uci er diana, at o'clock -P. m. on Di. a L. Cordray, IAMC, Clerk- Treasurer 6c Brain ard, Mayor 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 2011, 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 Fifty -Seven Dollars and Thirty -four Cents ($157.34) 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 Fifty -Seven Dollars and Thirty -four Cents ($157.34) 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 Fifty -Seven Dollars and Thirty -four Cents ($157.34) 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 dogs and cats chargeable to the City at the rate of One Hundred Fifty -Seven Dollars and Thirty-four Cents ($157.34). 3. The parties agree that they have been operating under the terms in anticipation of this Agreement beginning January 1, 2011, and that this Agreement shall be effective for all dogs and cats from the City for the calendar year 2011 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. Dated: ATTEST: Dawn Coverdale, Auditor BOARD OF COMMISSIONERS OF HAMILTON COUNTY Christine Altman Steven A. Holt Steven C. Dillinger ADOPTED by the Common Council of the City of Carmel, Indiana this 7 day of 2010, by a vote of 7 ayes and nays. Presi m g Of#i r Richard L S arp, President Pro Tempore nald E. Carter ATTEST: Diana L. Cordray, IAMC, Clerk -Tre er Presented by me to the Mayor of the City of Carmel, Indiana this 7 day of 2010, at 3 .4 .M. Approved by me, Mayor of the City of Carmel, Indiana, this 7 dday of 2010,at Cr: 3 J es Brainard, Mayor ATTEST: COMMON COUNCIL FOR THE CITY OF CARMEL Diana L. Cordray, IAMC, Clerk Treasu