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HomeMy WebLinkAbout16-06 RESOLUTIONRESOLUTION NO. 16-06 A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF GOSHEN, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF GOSHEN 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 the City of Goshen, Arkansas to provide animal sheltering services to the City of Goshen 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 the City of Goshen, Arkansas. PASSED and APPROVED this 7th day of February, 2006. 0011.1,12T ttttt .'`o.01YO,c°GAF °"PS :FAYETTEVILLE° VP4. • R/A1•1512%QJ's1 ATTEST: _ �hG ,0.11 „i���. By: �� ,XA M,67 SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor r i " fy Lir t� INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CITY OF GOSHEN i ARKANSAS / '1+6, vwtY THIS AGREEMENT is entered into this -34-1-‘.day of 4 PL, 20 0 S , by and between the CITY OF FAYETTEVILLE, and the CITY OF GOSHEN, ARKANSAS, concerning the provision of animal sheltenng services; WHEREAS, A.C.A. § 25-20-108, 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 City of Goshen; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to City of Goshen. 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 Goshen citizens and designated animal control officers. Article II The City of Goshen 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 The City of Goshen agrees to pay an annual sheltering services fee of Five hundred twenty five dollars ($525) to the City of Fayetteville in the form of twelve (12) monthly payments of Forty three dollars and Seventy -Five cents ($43.75). 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 Goshen citizens and designated animal control officers during the previous year. J _. Article IV This agreement shall remain in effect until midnight December 31, 2006. Artide V The City of Fayetteville agrees to provide assistance to the City of Goshen 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 two cities. Article VI Both Cities acknowledge the existence of a county wide animals sheltering agreement between the City of Fayetteville and Washington County, but which currently excludes the corporate boundaries of any incorporated cities. The Cities agree that this Agreement shall automatically terminate in the event that the City of Goshen enters into an animal sheltering services agreement with Washington County, Arkansas. In any event, either City shall have the right to terminate this Agreement upon Thirty (30) days written notice to the other. Article VII Neither City may assign any of its rights or delegate any of its obligations under this Agreement, without the express written consent of the other. Artide VIII This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Article IX 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 X The City of Goshen 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 the City of Goshen under the Constitution and Statutes of the State of Arkansas Article XI 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. Article XII 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 the City of Goshen have executed this Agreement on or as of the date first written above. SONDRA SMITH, City Clerk ATTEST: CITY OF YETTEVILLE, ARKANSAS DA COODY, Mayor CITY OF 'GOSHEN, • RESOLUTION NO. 2005 ea RESOLUTION APPROVING INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF GOSHEN, ARKANSAS WHEREAS, the Cities of Fayetteville and Goshen, Arkansas have previously entered into an interlocal agreement regarding the provision of animal sheltering services; and WHEREAS, Ark. Code Ann § 25-20-108, 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 the City of Goshen; and WHEREAS, the City of Fayetteville possesses the necessary facilities to provide animal sheltering services to the City of Goshen. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF GOSHEN, ARKANSAS that the interlocal agreement attached hereto is approved and that the Mayor and City Recorder are authorized and directed to execute said interlocal agreement for animal sheltering services PASSED AND APPROVED THIS t3 day of 02etok. ✓ , 2005. Attest: CITY OF GOSHEN // Andy Bethe , Mayor Fara erguso City Jill Hatfield Submitted By City of Fayetteville Staff Review Form 2/2006 City Council Meeting Date Animal Services Division Action Required: ,Pei'; 02.17/e 7/O( - £4&r/6 -06 6054141/411/0101Sht&Setele15 Police Department Approval of Interlocal Agreement with the City of Goshen to provide animal sheltering services to the City of Goshen for 2006. N/A Cost of this request 1010 0001 4390 00 $ Account Number Category / Project Budget Funds Used to Date imm Project Number Remaining Balance Budgeted Item Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Fund Name Department Dir Date 'MD( A/"‘A7 g5/0‘ City Attorney Date Finance and Internal Service Director Da ( �e Mayor (( 0 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Comments- eWee RESOLUTION NO. A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND THE CITY OF GOSHEN, ARKANSAS TO PROVIDE ANIMAL SHELTERING SERVICES TO THE CITY OF GOSHEN 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 the City of Goshen, Arkansas to provide animal sheltering services to the City of Goshen 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, hereby authorizes the Mayor and City Clerk to execute.. Agreement with the City of Goshen, Arkansas. PASSED and APPROVED this 7th day of Febru PPRO ansas -Local By ,;,C -dopy, Mayor By NDRfr ASMI` P, City Clerk From: Clarice Pearman To: Hatfield, Jill Subject: Res. 15-06 & 16-06 Jill, Attached is a copy of the above resolutions regarding animal shelter services for 2006. I will forward to you one of two original agreements for Elm Springs and Goshen. Clarice Pearman - Res. 15-06 & 16-06 - Page 1 From: Clarice Pearman To: Hatfield, Jill Subject: Res. 15-06 & 16-06 Jill, Attached is a copy of the above resolutions regarding animal shelter services for 2006. I will forward to you one of two original agreements for Elm Springs and Goshen.