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HomeMy Public PortalAboutORD11159 BILL NO. 88-141 SPONSORED BY COUNCILMAN 11WOODMAN ORDINANCE NO. /.15r9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY , CONCERNING ANIMALS RUNNING AT LARGE IN COLE COUNTY AND THE USE OF CITY FACILITIES AND PERSONNEL TO HANDLE SAME. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Cole County concerning animals running at large in Cole County and the use of City facilities and personnel to handle same. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed ��� Approved id Officer or ATTEST: City Clerk •t 4 AGREEMENT THIS A EEMENT, made and entered into this day of 1989, by and between the City of Jefferson, Missouri, a muffiicipal corporation, of the State of Missouri, hereinafter "City", and County of Cole, Missouri, hereinafter "County". WHEREAS, parties of the first and second part are desirous of providing a service which best serves the current and long range needs of City and County residents; and WHEREAS, it is in the mutual interest of both parties to prevent animals from running at large and in reducing the number of incidents related to animals running at large, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained the parties do agree as follows: 1. County shall pay to City the sum of Fifteen Thousand Dollars ($15, 000. 00) for the services City is to render as provided herein. Payments for the service shall be made in equal amounts at the end of each calendar quarter. 2 . City agrees to make its Animal Shelter and Animal Rescue personnel available to the Cole County Sheriff's Department ® during scheduled duty hours to handle or assist in the handling of animals taken into custody by the Sheriff's Department within the boundaries of Cole County. 3 . If at any time the Animal Shelter reaches maximum capacity as determined by the Animal Rescue Supervisor, the County shall be so notified. During periods when the Animal Shelter is at maximum capacity no animals from the County will be accepted by the City. 4 . This agreement covers only three hundred (300) animals during the period of the agreement. 5. Nothing in this agreement shall obligate the City to respond to calls outside the corporate limits. 6. County shall be responsible for the handling and care of any animals taken into custody by County during periods when no City Animal Rescue Personnel are on duty. 7. This agreement shall be in full force and effect from March 1, 1989, to December 31, 1989. In the event of cancellation, the total amount due and owing the City shall be the greater of the pro rata amount based on months or based on number of animals. • 8. This agreement shall be subject to cancellation by either party following thirty (30) day notice. - w ® 9. In no event shall the City be liable to the County, or any person, partnership, corporation, or other entity for special, indirect, or consequential damages, except those caused by City's negligence, or arising out of or in any way connected with a breach of performance of this agreement. 10. The parties herein shall assume any liability for all damages or claims for damages which are the result of each party's negligence and which are attributable to said party. The City does not assume or accept any liability or responsibility for any negligent acts or admissions of the County or the County's employees and agents. The County does not assume or accept any liability or responsibility for any negligent acts or admissions of the City or the City's employees and agents. IN WITNESS WHEREOF, the parties have ereunto set their hands and seals this �9�j day of , 1989. CITY OF JEFFERSON COUNTY OF COLE May eo missioner ATTEST: �lltf.� rx•(Q 2� �Lc� 'ssioner City Clerk ommissioner ATTEST: County Clerk ,,, RECEIVEL FEB 241989 COLE COUNTY COMMISIOM f�