Loading...
HomeMy WebLinkAboutOrd 0612 CITY OF Mission KANSAS ORDINANCE NO. 612 AN ORDINANCE PROVIDING FOR RENEWAL OF THE COOPERATIVE ESTABLISHMENT OF AN ANIMAL CONTROL COMMISSION BY tERTAIN JOHNSON COUNTY CITIES, AND ALSO PROVIDING FOR ADDING ADDITIONAL JOHNSON COUNTY CITIES TO SAID ANIMAL CONTROL COMMISSION, PROVIDING FOR THE FINANCING, POWERS, DURATION, PURPOSES AND TERMINATION THEREOF. WHEREAS, certain cities located in Johnson County did in 1974 join together and establish a Cooperative Animal Control Commission for Johnson County, Kansas, cities known as the Johnson County Animal Control Commission, and WHEREAS, a new ordinance is needed and required to renew the cooperative agreement established by certain Johnson County cities, and WHEREAS, additional cities located in Johnson County, Kansas, have expressed interest in participating and becoming a part of the coopera- tive establishment of an Animal Control Commission, and WHEREAS, the Governing Body of said City deems it advisable and necessary that this city adequately control the problems of dead and uncontrolled domestic and wild animals on the street or roaming at large within said City and further finds it necessary to join together with other cities to continue a cooperative animal control program with cer- tain other Johnson County cities to effect for the benefit of the citizens of said cities a better animal control service at the lowest possible cost to said cities. NOW, THEREFORE, BE .IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF Mission KANSAS: SECTION 1. That the City of Mission Kansas, join with at least two (2) other adopting cities to continue a fir+ Johnson County Animal Control Commission, as authorized under K.S.A. Chapter 12, Article 29. SECTION 2. The Mayor and the City Clerk of said City are hereby authorized, directed and empowered to execute and attest individually and collectively with other adopting cities, an agreement providing for the cooperative continuance of the Johnson County Animal Control Commis- sion and the changing of the name of such Commission to Northeast Animal Control Commission, said agreement to be substantially as set out hereinafter, to -wit: tot AN AGREEMENT PROVIDING FOR THE COOPERATIVE CONTINUANCE OF THE JOHNSON COUNTY ANIMAL CONTROL COMMISSION AND THE CHANGING OF ITS NAME TO NORTHEAST ANIMAL CONTROL COMMISSION BY JOHNSON COUNTY CITIES. This agreement, made and entered into by and between the under signed cities located in the County of Johnson, State of Kansas. WITNESSETH that the said cities, parties hereto, hereby agree that there shall be and there is hereby continued an Animal Control Commission to the cities in Jonson County, Kansas, parties to this agreement, to be known by the name and style of: "Northeast Animal Control Commission," upon the terms and conditions hereafter stated. ARTICLE I. Members, Appointment, Terms 1. The Mayor of each participating city, with the approval of its Governing Body, shall appoint its representative member to the Animal Control Commission as hereinafter designated. 2. Each participating city shall have one voting member and may have one alternative member on the Commission. Either member may be a councilman in said City. The alternate member shall have the right to vote in the absence of a voting member for a member city. The term for the original members appointed shall expire on May 1, 1983; all subsequent appointments shall expire on May 1st of the following year after such appointment. Nothing herein shall prevent reappointment of any member. 3. Any vacancy in the membership shall be filled by the appoint- ment of a member for the unexpired term of a member whose position shall be vacant. Such appointment shall be by the Mayor of the city of the vacating member, with the consent of its governing body, within sixty (60) days after the vacancy occurs. 4. Any member may be removad during his term by the Governing Body of the city which the member represents. 5. No member of the Commission shall receive compensation for services on the Commission. -2- ARTICLE II. Definitions as Used in this Agreement Animal Control shall mean the enforcement of the ordinances of the member cities regarding pick -up, the housimg of unwanted or running -at- large domestic animals, and the removal from said cities of dead animals. Enforcement shall mean enforcement of the requirements of the member cities regarding pick -up and care of domestic or running -at- large animals, but shall not include enforcement of the ordinances of the member cities regarding any penalty provisions, such being the duty of the member cities through their respective municipal courts, or the kennel costs for housing or kenneling of such animals, such cost being the separate expense of the member city. Person shall mean an individual, public or private corporation, government, partnership or unincorporated association. ARTICLE III. Purposes and Objectives 1. It is hereby declared that the cost and operation of animal control can best be effected in the several member cities by cooperative management and financing of personnel and equipment needed to enforce and provide services necessary to pick -up, care for and dispose of, where necessary, domestic, unwanted or at -large animals or dead or dangerous animals within the member cities. 2. To study and provide new or better methods of animal control, to develop and maintain communications with the governing bodies and residents of the member cities to eliminate problems of animal control. ARTICLE IV Powers and Duties 1. To organize and supervise animal control operations in said cities necessary to effect the animal control requirements of the member cities. 2. Prepare an annual budget for the operation of the animal con- trol facilities and for the expansion and improvements thereof. 3. To receive gifts and donations, lease or purchase real and personal property and equipment, hire such employees as are needed and retain professional services necessary to the operation of the animal control program, and effect such contracts or agreements necessary -3- I mo with other persons to carry out the animal control program. 4. Hold an organizational meeting within thirty (30) days after the resolution is effective, and an annual meeting in the month of May in each year thereafter. The time and place of said meetings to be determined by the then chairman of the Commission. 5. Elect from its membership at its organizational meeting and at each annual meeting thereafter and whenever a vacancy in the office arises, a chairman, vice chairman, secretary and treasurer, to perform the duties commonly associated with their respective titles and as may be determined by the Commission. 6. Appoint and fix the membership of such member of standing and temporary committees as it may find expedient for the performance of its duties. 7. Hold regular Meetings at least once each month at such time and place as it shall determine in its standing rules and special meet ings upon call for same by the chairman, the secretary or the Mayor of any member city. 8. Adopt by -laws and rules of procedure for the administration of business, keep a record of its activities, and minutes of all meetings, which minutes shall be sent each month to the Mayors of each participating city. A complete annual activities and financial report shall be submitted to the Mayor of each participating city by April 30th of each year. 9. To work with and provide any information necessary to the member cities and their respective police departments and municipal courts for enforcement by such member city of the ordinances regarding animal problems. two ARTICLE V. Commission Expenses 1. The Commission shall prepare a budget to cover the initial cost of equipment and supplies, cost of personnel required and such other expenses needed to organize and continue operation of the Animal Control Program. The member cities shall pay to the Commission a contribution based upon the percentage the official county population figures for each member city bears to the total county population census figures of all member cities. Cities may, with approval of the Commission, provide equip -4- ment or other facilities at a value agreed upon by the Commission as a part of said city's contributions. Contributions in excess of a city's share shall be applied to the next budget year. 2. Thereafter the Commission shall prepare an annual budget of expenditures covering the cost of printing, postage and other administra- tive expenses, covering the cost of purchase of equipment and supplies, the employment of personnel and any sums needed to expand and improve the operation of the Animal Control Program. Any funds on hand at the end of a budget year not reserved for equipment shall apply on the ensuing budget. The budget shall be presented to the governing bodies of the member cities on or before June 1st of each year. Said budget shall be adjusted to comply with the contributions agreed to by the member cities. Each parti- cipating city shall contribute annually a pro -rata share as set out on the tom formula in paragraph 1, Article V, hereinabove. Said contribution shall be due on the 1st day of January of each year. Any member city that by ordinance, withdraws as a member of the Commission shall forfeit any interest or funds it has paid to the Commission under this agreement. 3. During any calendar year, said City shall contribute an amount up to a $2.00 maximum per resident person of said City; and in the event this Agreement is renewed, then each year the Governing Body of said City shall make a determination as to the maximum amount the City shall contri- bute to the Animal Control Program each year. ARTICLE VI. Duration The Johnson County Animal Control Commission shall be continued and its name changed to Northeast Animal Control Commission when ordinances are adopted by cities (including this city) in Johnson County, Kansas, authorizing the Mayor of said city to execute this agreement and authorizing the city clerk of said city to attest this agreement. The Commission thereby created shall be for a period of four (4) years from the effective date thereof, provided, however, that the Northeast Animal Control Commis- sion may be continued thereafter for additional periods of four (4) years as it is then constituted and established by further ordinances of the adopting cities. -5- ARTICLE VII. Termination Termination of the Commission created hereby shall be effected by: 1. The expiration of the term for which it was created without ordinances by at least two (2) cities of Johnson County, Kansas, authorizing the Mayor of said cities to extend the agreement and terms of the Commission for an additional four (4) year period. 2. The withdrawal of support of said Commission by ordinance of any adopting city or cities leaving less than two (2) cities of Johnson County, Kansas, supporting the agreement creating the Commission by ordinance. 3. No city shall by ordinance, withdraw its support, except imil at least four (4) months notice prior to the end of a calendar year. L 4. That in the event the required contribution from said City shall exceed the sum of $2.00 per resident person of said City, then said City shall have the option to terminate its participation in the Commission at the time said contribution decision and demand is made by the Commission. However, said City can waive this termination option by resolution as described in ARTICLE V., 3 and continue to participate in the Commission providing said City pays the required contribution for that calendar year. ARTICLE VIII. Immediately upon termination of the agreement the Commission shall wind up its operation. The Commission shall advertise for and receive bids for the sale of all personal or real property in its control of owner- ship. The proceeds from said sale and all funds remaining in the Commis- sion's possession shall be returned to the member cities of the Commission during the last year immediately preceding termination in the same ratio that contributions were made to said Commission during the last year preceding termination. -A- 1 ARTICLE IX. This agreement shall take effect and be in force from and after the execution and signing thereof by the Mayors of at least two (2) adopting cities and the attestation thereof by the city clerk of each adopting city. Dated April 14th 1982, City of Mission Kansas. 111 /1 /J (Seal) Mayor Or Attest 4: 1 441,91,,g, __,.e C erk .1 tilt PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF Mission KANSAS, THIS 14th DAY OF April 1982. ✓,...c 7 Mayo Attest: J i..e_A Iii /L. 'k r i City Clerk -1