HomeMy WebLinkAbout12-06 RESOLUTIONRESOLUTION NO. 12-06
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND
WASHINGTON COUNTY, ARKANSAS TO PROVIDE ANIMAL
SHELTERING SERVICES TO WASHINGTON COUNTY FOR 2006.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an Inter -Local Agreement between the City of Fayetteville,
Arkansas and Washington County, Arkansas to provide animal sheltering
services to Washington County for 2006. A copy of the agreement, marked
Exhibit "A" is attached hereto, and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute the Inter -Local
Agreement with Washington County, Arkansas.
PASSED and APPROVED this 17th day of January, 2006.
ATTEST:
By
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND WASHINGTON COUNTY, ARKANSAS
THIS AGREEMENT is entered into this VI tlik J
day of OJAU ly ,
20 O(p , by and between the CITY OF FAYETTEVILLE, and the COUNTY OF
WASHINGTON, ARKANSAS, concerning the provision of animal sheltering
services;
WHEREAS, A.C.A. § 14-14-91.0, Interlocal Cooperation Act, authorizes
public entities to enter into agreements to provide governmental services to the
mutual benefit of each entity; and
WHEREAS, effective animal control is of mutual interest to the City of
Fayetteville and Washington County; and
WHEREAS, the City of Fayetteville possesses the necessary facilities to
provide animal sheltering services to Washington County.
NOW, THEREFORE, IN CONSIDERATION of mutual promises of the
parties contained herein and other good and valuable consideration, the parties
agree as follows:
Article I
The City of Fayetteville agrees to provide sheltering services for animals
delivered to its shelter, located at 1640 Armstrong Avenue, in the City of
Fayetteville, by designated animal control officers of Washington County.
Artide II
Washington County agrees to comply with the Fayetteville Animal Shelter's
Operating Policy during the term of this Agreement, and understands that the City
of Fayetteville may terminate this agreement for noncompliance.
Article III
Washington County agix.Ls to pay an annual sheltering services fee of Fifty
six thousand four hundred and seventy-five dollars ($56,475) to the City of
Fayetteville in the form of twelve (12) monthly payments of Four thousand seven
hundred six dollars and twenty five cents ($4,706.25). Payment shall be due on or
before the first day of each month. The annual sheltering services fee shall be based
upon the total number of animals delivered to the shelter by Washington County
citizens and designated animal control officers during the previous year.
Article IV
This agreement shall remain in effect until midnight December 31, 2006.
Article V
The City of Fayetteville agrees to provide assistance to Washington County
in the form of minor medical treatment while a shelter veterinarian is on staff, the
drafting of animal control ordinances, educational programming, professional
consultation regarding animal control matters, and in all other areas necessary and
proper to effectuate the highest level of cooperation between the City of Fayetteville
and Washington County.
Article VI
Neither the City of Fayetteville nor Washington County may assign
any of its rights or delegate any of its obligations under this Agreement, without the
express written consent of the other.
Article VII
This Agreement shall be interpreted according to and enforced under the
laws of the State of Arkansas.
Article VIII
Each paragraph of this Agreement is severable from all other paragraphs. In
the event any court of competent Jurisdiction determines that any paragraph or
subparagraph is invalid or unenforceable for any reason, all remaining paragraphs
and subparagraphs shall remain in full force and effect.
Article IX
Washington County shall hold harmless the City of Fayetteville from any and
all claims or liabilities arising from the performance of this Agreement, provided
that nothing in this Agreement shall be construed to alter, limit or otherwise
compromise that immunity afforded the City of Fayetteville or Washington County
under the Constitution and Statutes of the State of Arkansas.
Article X
It is agreed that the failure of any party to invoke any of the available
remedies under this Agreement or under law in the event of one or more breaches or
defaults by any party under the Agreement shall not be construed as a waiver of
such provisions and conditions and shall not prevent the parties from invoking such
remedies in the event of any future breach or default.
Artide XI
This Agreement constitutes the entire understanding of the parties, and no
modification or variation of the terms of this Agreement shall be valid unless made
in writing and signed by the duly authorized agents of the parties, after an
affirmative vote of a majority of each city's governing body.
IN WITNESS WHEREOF, the City of Fayetteville and Washington
County have executed this Agreement on or as of the date first written above.
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ATTEST: ';�NGroN
CITY OF FAYETTEVILLE, ARKANSAS
SOND
ATTEST:
SMITH, City Qerk
WASHINGTON COUNTY,
ARKANSAS
7kRY HUNTON, County Judge
1
KAREN COMBS PRITCHARD, County Clerk
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Jill Hatfield
Submitted By
City of Fayetteville /// 7 rl
Staff Review Form /7-a
1/17/2006
City Council Meeting Date
Animal Services
Division
Action Required:
n4 y /p -rams)
Ives Perm+
Police
Department
Approval of Interlocal Agreement with Washington county to provide animal sheltering services to Washington
county for 2006.
N/A
Cost of this request
1010 0001 4390 00
Account Number
Project Number
Budgeted Item
$
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance
Budget Adjustment Attached
City Attomey
Finance an Internal Service Director
Mayor
Comments:
/2/zl4S
Date
Da e
Date
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number.
78-05
Received in City Clerk's Office
RESOLUTION NO.
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT
BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND
WASHINGTON COUNTY, ARKANSAS TO PROVIDE ANIMAL
SHELTERING SERVICES TO WASHINGTON COUNTY FOR 2006.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an Inter -Local Agreement between the City of Fayetteville,
Arkansas and Washington County, Arkansas to provide animal sheltering
services to Washington County for 2006. A copy of the agreement, marked
Exhibit "A" is attached hereto, and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute the Inter -Local
Agreement with Washington County, Arkansas.
PASSED and APPROVED this 17th day of January, 2006
ORDINANCE NO. 2005-75
BE IT ORDAINED BY THE QUORUM COURT
OF THE COUNTY OF WASHINGTON,
STATE OF ARKANSAS, AN ORDINANCE
TO BE ENTITLED:
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AN ORDINANCE APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE
AND WASHINGTON COUNTY FOR THE PROVISION OF
ANIMAL SHELTERING SERVICES IN 2006.
WHEREAS, the City of Fayetteville and Washington County have
entered into interlocal agreements in the past concerning the provision of animal sheltering
services; and,
WHEREAS, the City of Fayetteville and Washington County are
granted the authorityto enter into such Agreement pursuant to Ark. Code Ann. §14-14-910.
NOW, THEREFORE, BE IT ORDAINED BY THE QUORUM COURT
OF THE COUNTY OF WASHINGTON, STATE OF ARKANSAS:
ARTICLE 1. That said Interlocal Agreement, a copy of which is
attached hereto and incorporated herein by reference as Exhibit "A" as if set out fully word
for word , is hereby adopted.
NTON, County Judge DATE
KAREN COMBS PRITCHARD, County Clerk
Sponsor: H. L. Goodwin. Jr.
Date of Passage: December 8. 2005
Votes For: 13 Votes Against: 0
Abstention: 0 Absent: 0
Clarice IPearman -Animal Sheltering,Agreements
From: Clarice Pearman
To: Hatfield, Jill
Date: 1/23/06 3:41 PM
Subject: Animal Sheltering Agreements
Jill,
Attached are the agreements for West Fork, Farmington, Washington Co. and Greenland.
CC: Bell, Peggy; Deaton, Vicki