Loading...
HomeMy WebLinkAboutResolution - 2006-R0247 - Interlocal Agreement - Lynn County - Animal Control Services - 06_08_2006Resolution No. 2006-RO247 June 8, 2006 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for animal control services, by and between the City of Lubbock and Lynn County, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: 8th day of June , 2006. t • It MINAIIIIINTREN . _."_ �ZMWW�L� Tommy C4Qen, Health Department Director APPROVED AS TO FORM: Amy L. gs:ccdocsInfe-rlocal Agrmnt-Lynn County -Animal Control Srvs.res 6.17.2006 Resolution No. 2006-RO247 June 8, 2006 Item No. 5.14 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is entered into on this 9 th day of May , 2006 in accordance with Chapter 791 of the Texas Government Code, between the City of Lubbock, Texas (the "City'), a Texas Home Rule Municipal Corporation, and Lynn County , a political subdivision of the State of Texas (the "Entity"). WHEREAS, a need exists for animal control services by the Entity; and WHEREAS, the Entity requires certain governmental services related to the impoundment, quarantine, and euthanization of animals; and WHEREAS, the City agrees to furnish such services; NOW.THERFORE: 1. The City agrees to receive and provide the proper disposition of animals delivered to the Premises herein defined, by any duly authorized officer or employee of the Entity, if said animals are accompanied by an affidavit of ownership signed by the authorized government official of the Entity in a form approved by the City (the "Affidavit"). 2. The Entity agrees to deliver the animals with the Affidavit to the Lubbock Animal Shelter at 401 N Ash, Lubbock Texas, or such other location as may be specified by the City of Lubbock (the Premises') on any weekday during normal business hours of the City of Lubbock Animal Services Division (Animal Services"). 3. In consideration of the above -mentioned covenants with the City, the Entity agrees to pay to the City of Lubbock the sum of Fifty and no/100 Dollars ($50.00) per animal and shall make payments at the time of delivery to the Premises. 4. Animal Services shall, at the request of the Entity, agree to kennel stray animals for a period of not less than three (3) days or seventy (72) hours, excluding the day said animal is impounded, unless released earlier to its owner. However, for each animal boarded, there will be a charge of Eighteen and no/ 100 Dollars ($18.00) per day, or any part of a day, payable by the Entity, unless otherwise collected from an owner during a reclamation. 5. All quarantined animals from the Entity, not otherwise claimed by their owner, may be euthanized by the City. The Entity shall be liable for the cost of quarantine at Eighteen and no/100 Dollars ($18.00) per day, or any part of a day, euthanasia at Twenty- five and no/100 Dollars ($25.00), and disposal at Twenty-five and no/100 Dollars ($25.00). 6. All fees to be paid hereunder shall be the sole responsibility of the Entity and payable at the time of service. ANIMAL SERVICES INTERLOCAL AGREEMENT Page I of 3 7. The method of disposition of any animal held for the Entity is at the sole discretion of Animal Services. 8. The term of this Agreement shall be one (1) year from the date of execution of this Agreement. This Agreement may be renewed for successive one (1) year terms under the same terms and conditions, except for rate change, by mutual agreement of the parties expressed in writing at least thirty (30) days prior to the end of each one (1) year term. 9. Either party may decide to terminate this Agreement for any reason. However, the terminating party must supply the other party with a written notice thirty (30) days before termination. In the event either party elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the terminating party's election to terminate was the day originally fined in this Agreement for its expiration. 10. The parties to this Agreement shall be responsible for their own respective claims, actions, suits, charges and judgments whatsoever that arise out of their respective performance or nonperformance of the subject matter called for under this Agreement. 11. The City, and its respective officers, employees, elected officials and agents, shall not be liable, and the Entity hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to company, on any theory of legal liability, including, but not limited to the negligence, of any type of degree, or fault, of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of this agreement. This release shall survive the termination or voidance of this agreement. 12. The relationship between the City and the Entity is at all times solely that of contractor/contractee, and may not be deemed, in any event, a partnership or a joint venture. 13. The execution, delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite corporate action on the part of the Entity. 14. The parties agree hereto that all payments made pursuant to this Agreement must be made from current revenues available to each respective party ANIMAL SERVICES INTERLOCAL AGREEMENT Page 2 of 3 CITY OF LUBBOCK, TEXAS: David A. Miller -MAYOR Date executed: June 8. 2006 ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: ENTITY: / BY:��/� N e: H. - Franklin Title: Lynn County Judge Date executed: May 9, 2006 Tommy CaAQ1n, Health Department Director APPROVED AS TO FORM: Amy L. ity Attorney ANIMAL SERVICES INTERLOCAL AGREEMENT Page 3 of 3 CITY OF LUBBOCK MEMO TO: LEE ANN DUMBAULD, CITY MANAGER FROM: TOMMY CAMDEN, HEALTH DEPARTMENT DIRECTOR SUBJECT: AGENDA COMMENTS - JUNE 6, 2006 CITY COUNCIL MEETING DATE: MAY 23, 2006 ITEM# / SUBJECT: Consider a resolution authorizing and directing the Mayor to execute for and on behalf of the City of Lubbock, an Interlocal agreement for animal control services, by and between the City of Lubbock and Lynn County, and related documents. BACKGROUND / DISCUSSION: The interlocal agreement allows political subdivisions, such as Lynn County, to have such services related to the impoundment, quarantine, and euthanization of animals furnished by the City of Lubbock. The Lynn County Judge and Lynn County Commissioners signed and approved the Interlocal Agreement on May 9, 2006. The City of Lubbock, Animal Services Division has stopped accepting animals from outside its city limits unless such entity has entered into an interlocal agreement from Animal Services approved by the City Council of Lubbock. Final passage of the new Animal Ordinance #2006-00025 on March 8, 2006 approved a non --resident release fee for agencies or individuals residing outside of the Lubbock city limits. All citizens from outside the city limits of Lubbock will be referred back to their respective jurisdictions to handle their unwanted animals unless a fee is paid. Animal Services will verify proof of residency with a driver's license, utility bill, etc. Animal Services will accept owned unwanted animal if the owner or jurisdiction pays a fee and signs a waiver releasing ownership. This fee is fifty ($50.00) and would include a litter up to 12 weeks of age. Stray animals will always be referred back to the jurisdiction where they were found. Animal Services will agree to kennel or quarantine animals at a rate of eighteen ($18.00) per day, provide euthanasia at twenty-five dollars ($25.00), and disposal services at twenty-five ($25.00). All fees are to be paid at the time of service. The term of the agreement shall be for one (1) year from the date of execution of the Agreement and can be renewed for successive one (1) year terms under the same terms and conditions, except for rate change, by mutual agreement of the parties. FISCAL IMPACT: Total annual revenue is expected to increase by $3,200 for people and/or governmental agencies surrendering their animals to the City of Lubbock for proper disposition. SUMMARY/RECOMMENDATION: Tommy Camden, Health Director and Fred Sanderson, Animal Services Manager recommend approval of the resolution. g: Agenda Comments —Animal Interlocal Agreement Lynn County June 2006 Office: (806) 561-4505 Fax: (806) 561-4658 Jail: (806) 561-1446 LYNN COUNTY Jerry D. Franklin SHERIFF May 12, 2006 Mr. Sanderson, Enclosed is the Interlocal Agreement which was signed and approved by the County Judge and Lynn County Commissioners during commissioners Court on May 9, 2006. Please keep me informed and do not hesitate to call if we can be of further assistance in this matter. Z ranklin, Sheriff Lynn County Sheriffs Office