HomeMy WebLinkAbout10-07 RESOLUTIONRESOLUTION NO. 10-07
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT
BETWEEN THE CITY OF FAYEI hVILLE, ARKANSAS AND THE
CITY OF GREENLAND, ARKANSAS TO PROVIDE ANIMAL
SHELTERING SERVICES TO THE CITY OF GREENLAND FOR
2007.
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 Greenland, Arkansas to provide animal sheltering
services to the City of Greenland for 2007. 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 Greenland, Arkansas.
PASSED and APPROVED this 6th day of February 2007.
ATTEST:
By: 634,, ALAI Yletiatie
SONDRA SMITH, City Clerk/Treasurer
��-s •'r\ZY�p •c"p
h
;Va ipS
: FAYETTEVILLE: =
si&KANSP�J4.-
'--''tNGTON q v
V
•
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CITY OF GREENLAND, ARKANSAS !
THIS AGREEMENT is entered into this ; th day of XJrcI.Gf
20 01 , by and between the CITY OF FAYETTEVILLE, and the CITY • F
GREENLAND, ARKANSAS, concerning the provision of animal sheltering
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 Greenland; and
WHEREAS, the City of Fayetteville possesses the necessary facilities to
provide animal sheltering services to City of Greenland.
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 Greenland citizens and designated animal control officers.
Article II
The City of Greenland 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 Greenland agrees to pay sheltering services fees of Seventy Five
dollars ($75) per animal to the City of Fayetteville in the form of twelve (12) monthly
payments. 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 Greenland citizens and designated animal control officers
during the previous year.
Article IV
This agreement shall remain in effect until midnight December 31, 2009.
Article V
The City of Fayetteville agrees to provide assistance to the City of Greenland
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 Greenland 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.
Article 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 Greenland 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 Agre ment shall be construed to alter, limit or
otherwise compromise that immunity afforded the City of Fayetteville or the City of
Greenland 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
Greenland have executed this Agreement on or as of the date first written above.
\b.. • ITRd'%..
`S�Gj1Y•OF,G,p
e•F:
to •�;
c :FAYETTEVILLE:
5 •
V: 19•0NS• ietgt
`;;ATTESI",vGON......Tal R
c
SONDRA SMITH, City Clerk
ATTEST:
(yYt (
, City Clerk
CITY OF FAYETTEVILLE, ARKANSAS
DA " COO P Y, Mayor,
CITY OF GREENLAND,
ARKANSAS
1,64-0C
, Mayor
•
Jill Hatfield
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
2/6/200T
City Council Meeting Date
Animal Services
Division
Action Required:
a5
cr21 /07
/0-07
&Sunfold
ba -
4 r .t.Pl ato
Police
Department
A resolution approving an Inter -Local sheltering agreement between Fayetteville, Arkansas and Greenland, Arkansas
for a three year period beginning January 1, 2007 and ending December 31, 2009. The sheltering agreement is for
38 animals, total sheltering fees for 2007 of $2,850.
Cost of this request
1010 0001 4390 00
Account Number
Project Number
Budgeted Item
X
$
Category / Project Budget
Intergovernmental
Program Category / Project Name
Funds Used to Date Program / Project Category Name
General
Remaining Balance Fund Name
Budget Adjustment Attached
Departure or
City Attomey
Date
4401
o
t-5-07
Finance and Internal Service Director Date
Q
Mayor
Date
Previous Ordinance or Resolution # 13-06
Original Contract Date:
Original Contract Number:
r1
Received i Cit ry Cle s Office
Received in Mayor's Office
Comments:
RESOLUTION NO.
A RESOLUTION APPROVING AN INTER -LOCAL AGREEMENT
BETWEEN THE CITY OF FAYEFILVILLE, ARKANSAS AND THE
CITY OF GREENLAND, ARKANSAS TO PROVIDE ANIMAL
SHELTERING SERVICES TO THE CITY OF GREENLAND FOR
2007.
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 Agre ment between the City of Fayetteville,
Arkansas and the City of Greenland, Arkansas to provide animal sheltfing
services to the City of Greenland for 2007. A copy of the agreeme t, ma' `rl ed
Exhibit "A" is attached hereto, and made a part hereof.
Section 2. That the City Council of the Ci
hereby authorizes the Mayor and Cts Clerk to
Agreement with the City of Greenland, Arkansas
0
AFkansas
-Local
PASSED and AP -RV ED. this 6th di y of February 200
APPROVED:
BY• '_ �.... BY:
SONDRA SMITH, City Clerk/Treasurer
MINUTES OF THE GREENLAND CITY COUNCIL MEETING
Monday December 11, 2006 Community Center
Mayor Bill Yoe called meeting to order at 7:00 P.M.
Members present:
Bill Yoes
Donna Cheevers
Danny Dutton
Pam Horn
Sugar Huddleston
John James
Mark Myers
Lisa Thornton
Absent: Brad Tomlinson, Greg White
Also present: Danny Wright, Gary Ricker, Janice Wagnon, Troy Enochs and several
guests.
Approval of minutes: Motion by Thornton second by James to approve the minutes.
Motion carries 6-0.
Treasurer's repdrt: Motion by Thornton second by Dutton to accept the Treasurers
report. Motion carries 6-0.
Planning Cotnmission: Dennis Eddington presented report.
Donald Foster can apply for an appeal before the council.
Court and Police reports: Gary presented report.
Bill Yoes suggested appointing Wayne Box to the Planning Commission with the
Councils approval.
The Council approved the appointment of Wayne Box.
Impact Fee study (Carol Jones)
Carol presented the Waste Water Master Plan Impact Fee Study to the Council.
The Council wants to have Carol apply for the grant that is due this Friday.
Walking Trail: They should start sometime next week.
Ordinance # 251 ($5.00 court cost)
Motion by Thornton second by Dutton to place Ordinance # 251 on the second reading
By title only. Motion carries 6-0.
Motion by Thornton second by Dutton to accept the second reading of Ordinance # 251
by title only. Motion carries 6-0.
Motion by Thornton second by Dutton to suspend the rules and go to the third and final
reading by title only. Roll call: Huddleston -yes, James -yes, Dutton -yes, Horn -yes,
Myers -yes, Thornton -yes. Motion carries 6-0.
Motion by Thornton second by Dutton to accept Ordinance # 251 by title only. Motion
carries 6-0.
Ordinance # 252 (Posting)
Motion by Thornton second by Dutton to place Ordinance # 252 on the second reading
by title only. Motion carries 6-0.
Motion by Thornton second by Dutton to accept the second reading of Ordinance # 252
by title only. Motion carries 6-0.
Motion by Thornton second by Dutton to suspend the rules and go to the third and final
reading by title only. Roll Call: Lluddleston-yes, .Tames -yes, Dutton -yes, Horn -yes,
'Myers -yes; Thornton -yes. Motion carries 6-0.
Motion by Thornton second by Dutton to accept Ordinance # 252 by title only. Motion
carries 6-0.
Chris Waller-Creekside subdivision
There is a portion of the subdivision they want to reduce the lot sizes. The attorney
advised us not to decide on this tonight. Danny advised them of the next step they need
to take.
Sugar said we need to stay with our Ordinances and the lot sizes will remain the same.
Review from Greenland Hills Subdivision Step System:
They were hereto present the report where Fayetteville checked the system and told them
to proceed. Carol Jones suggested that we require a bond of one half of the cost of the
system
Resolution # 12-11-06A (2007 Budget)
Motion by Huddleston second by Thornton to read Resolution # 12-11-06. Motion
carries 6-0.
Motion by Thornton second by Dutton to approve Resolution # 12-11-06A. Motion
carries 6-0.
Ordinance # 253 (Adjust 2006 Budget)
Motion by Thornton second by Dutton to place Ordinance # 253 on the first reading by
title only. Motion carries 6-0.
Motion by Thornton second by Dutton to accept the first reading of Ordinance # 253 by
title only. Motion carries 6-0.
Motion by Thornton second by Dutton to suspend the rules and go to the second reading
of Ordinance # 253 by title only. Roll Call: Huddleston -yes, Dutton -yes, James -yes,
Horn -yes, Myers -yes, Thornton -yes. Motion carries 6-0.
Motion by Thornton second by Dutton to accept the second reading of Ordinance # 253
by title only. Motion carries 6-0.
Motion by Thornton second by Dutton to suspend the rules and go to the third and final
reading of Ordinance # 253 by title only. Roll Call: Huddleston -yes, Dutton -yes, Horn -
yes, James -yes, Myers -yes, Thornton -yes. Motion carries 6-0.
Motion by Thornton second by Dutton to accept Ordinance # 253 by title only. Motion
carries 6-0.
Motion by Thornton Second by Dutton to adopt the emergency clause. Roll Call:
Huddleston -yes, Myers -yes, Janes -yes, Horn -yes, Dutton -yes, Thornton -yes. Motion
carries 6-0.
The audit report was presented to the Council. It was a very good report.
Carol Jones wanted to know if we wanted her to work on the master street plan.
The council voiced approval.
Resolution # 12-11-06B (Appoint City Attorney)
Motion by Thornton second by Dutton to read Resolution # 12-11-06B. Motion carries
6-0.
Motion by Thornton second by Dutton to approve Resolution # 12-11-06B. Motion
carries 6-0.
Sugar thanked Bill for the excellent work he has done for the city.
Helen McCarty passed away and left $1,000 for a grill for the Community Center. The
grill will cost $2,200. He wants the city to pay $1,200 so we can get the grill.
Motion by James second by Thornton to allow $1,200 toward the purchase of a grill for
the Community Center. Motion carries 6-0.
The Mayor wants us to not let the step system go by the wayside.
Animal sheltering agreement:
Motion by Thornton second by Huddleston to accept the animal sheltering agreement
with the City of Fayetteville. Motion carries 6-0.
Motion by Chorlton second by 1-luddleston to adjourn. Motion carries 8-0.
Meeting adjourned at 8:50 P.M.
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Hatfield, Jill
2.14.07 3:08 PM
Resolutions 07-07 - 12-07
12-07 Winslow Shelter Agreement.pdf; 08-07 Farmington Shelter Agreement.pdf
; 09-07 Goshen Shelter Agreement.pdf; 10-07 Greenland Shelter Agreement.pdf
; 11-07 Wash Co Shelter Agreement.pdf; 07-07 Elm Springs Shelter Agreement.
pdf
CC: Audit
Jill:
Attached are copies of various interlocal agreements for sheltering service as follows:
City of Elm Springs
City of Farmington
City of Goshen
City of Greenland
Washington County
City of Winslow.
I returning to you via interoffice mail the copies for Farmington, Goshen, Greenland and Winslow. The others did not have
extra agreements attached. Let me know if there is anything else needed for these items. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
F(2.14.07) Clarice
Pearman - Resolutions
07-07
- 12-07
Page
1
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Hatfield, Jill
2.14.07 3:08 PM
Resolutions 07-07 - 12-07
12-07 Winslow Shelter Agreement.pdf; 08-07 Farmington Shelter Agreement.pdf
; 09-07 Goshen Shelter Agreement.pdf; 10-07 Greenland Shelter Agreement.pdf
; 11-07 Wash Co Shelter Agreement.pdf; 07-07 Elm Springs Shelter Agreement.
pdf
CC: Audit
Jill:
Attached are copies of various interlocal agreements for sheltering service as follows:
City of Elm Springs
City of Farmington
City of Goshen
City of Greenland
Washington County
City of Winslow.
I returning to you via interoffice mail the copies for Farmington, Goshen, Greenland and Winslow. The others did not have
extra agreements attached. Let me know if there is anything else needed for these items. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us