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2000-003 ,. " THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2000 - 3 e BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH ONTARIO HUlVIANE SOCIETY TO PROVIDE SUCH SERVICES AS POUND KEEPER AND ANIMAL CONTROL OFFICER WHEREAS the Municipal Act, R.S.O. 1990, s.210, ss.3 and 13, as amended, authorizes Councils to pass by-laws to provide for pounds and for seizing and impounding dogs running at large; AND WHEREAS the Council of The Corporation of the Township ofOro-Medonte deems it expedient to provide for such services under Agreement with Ontario Humane Society, Orillia Branch; NOW THEREFORE be it resolved that the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the Mayor and Clerk be authorized to execute the Agreement, attached hereto as Schedule "A" which fonns part of this By-law; 2. That the said Agreement take effect January 1 S\ 2000 and remain in force until December 31, 2001; 3. That By-law No. 98-55is hereby repealed. 4. That this By-law come into full force and effect on its final passing thereof. By-law read a first and second time this 5th day of January, 2000. By-law read a third time and finally passed, this 5th day of January, 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE LL-_ &-J Mayor, Ian Beard/ . Clerk, Lynda Aiken ~ DEC-~2-99 11:44 AM SPCA.FINANCE . ,.. 9058981266 P.02 F THIS AGREEMENT made in duplicate this ~ day of JJ{IUI:7113t1{.1999. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter called the "Corporation" of the FIRST PART e -and- THE ONTARIO SOCIETY FOR THE PREVENTION OF CRUEL TY TO ANIMALS (ONTARIO HUMANE SOCIETY) a Society Incorporated under the Ontario SPCA Act Hereinafter called the "Society" of the SECOND PART WHEREAS the Society has the facilities and is prepared to act as Poundkeeper and Animal Control Officer for the Corporation; NOW THEREFORE this Agreement witnesseth for and in consideration of the mutual covenants hereinafter contained~ the parties hereto agree each with the other as follows: 1. The Corporation agrees: 1.1 to appoint and it does hereby appoint the Society as Poundkeeper and Animal Control Officer for the Corporation with the duties of such Poundkeeper to be exercised by the Society to impound any animal in accordance with the provisions of the Corporation By-Laws. 1.2 to appoint and it does hereby appoint the Society employees as Municipal law Enforcement officers pursuant to section 70 of the Police Act. R.S.O. 1980. c.381 as amended. 1.3 to pay the Society as remuneration for its services as such Animal Control Officer and Poundkeeper an aIUlUal sum equivalent to $40.800 dollars per annum. be paid to the Society monthly ($3.400.00) effective the Ist day of January~ 2000. To pay the Society as remuneration for its services as such Animal Control Officer and Poundkeeper an annual sum equivalent to $41 t616 dollars per annwnt be paid to the Society monthly ($3,468) effective the 1st day of January, 2001. 1.4 to grant to the Society and the Corporation does hereby grant to the Society. the right to dispose of all animals impounded which become the property of the Corporation in accordance with the Corporation By-laws.. 1.5 to grant to the Society and the Corporation does hereby grant to the Society. the right to dispose of the carcasses of all animals lawfully impounded and lawfully destroyed in accordance with the Corporation By.Laws. 1.6 to grant to the Society and the Corporation does hereby grant to the Societyt the right to collect all pound fees and destruction fees in accordance with the scale of J j , ~ fees authorized by the Corporation By-laws, said fees to be retained 50 percent by the Township ofOro-Medonte and 50 percent by the Society. (By-Law 94-37 Section 9(a) (ii) (2). 2. The Society agrees: 2.1 to provide an animal shelter capable of providing adequate accommodation for all animals impounded and of meeting the requirements set for this type of building, and of meeting the requirements of all applicable provincial legislation. e 2.2 to employ and supervise such Animal Control Officers as may be considered necessary, and, to provide such officers with adequate vehicles, and, to pay all costs of such officers and vehicles. 2.3 to receive, impound and hold for claiming by the owners, any animal delivered to the Society's animal shelter by Animal Control Officers or other duly authorized persons and to dispose of unclaimed animals by sale or destruction in accordance with the provision of the Corporation's By-laws. 2.4 to charge such pound and other fees as may be approved from time to time by the Corporation. 2.5 to make available to the residents of the Corporation a programme of humane services in accordance with the general custom of the Society. 2.6 to provide and install all the equipment necessary for the proper operation of the animal shelter and in particular to supply the equipment necessary to humanely destroy unwanted or unclaimed animals and such equipment must meet the standards set by the Ontario SPCA and the Animals for Research Act. 2.7 to keep the shelter open and in operation on such days and at such hours as shall from time to time be agreed upon between the parties to ensure that the owners of impounded animals have a reasonable opportunity to reclaim such animals. 2.8 to submit to the Corporation on or before the 15th day of each month a written statement of the operations of the shelter up to the last day of the preceding month, showing the number of impounded animals received at the shelter, the length of time detained in the shelter and the disposal of the animals. 2.9 to receive, for the Corporation, dog license fees, 50 percent of pound fee stipulated by Township ofOro-Medonte By-law 94-37 Section 9 (a) (ii) (2), and to remit same to the Corporation at intervals stipulated by the Corporation. 2.10 to pay all costs of operating and maintaining the said shelter. 2.11 to indemnity and save harmless the Corporation in respect to all charges, costs, expenses and claims whatsoever, in connection with the operation of the shelter. ...1"", "I" , ,t; .... "'- e 2.12 to keep the Society and the Corporation properly insured in respect to public liability and property damage, including claims in respect to injury and loss and/or death of any animal in the following amounts: Public Liability $3,000,000.00 Property Damage $ 25,000.00 2.13 to provide telephones at the shelter for the purpose of the public to be able to phone the shelter and to provide a (24) hour answering service to assist the public. 2.14 to provide 24 hour emergency service as required. 2.15 to follow-up on nuisance complaints and notify By-law Department if required. 3. This agreement shall commence on the 1st day of January, 2000 and shall continue in full force and effect until the 31 st day of December 2001, and thereafter from month to month, until replaced by a new agreement or either party gives written notice for the tennination of the agreement with notice of30 days. IN WITNESS WHEREOF THE CORPORATE SEAL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE attested to by the proper Officers in that behalf, and Executive by the Ontario SPCA by its Officers properly authorized to do so. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~~~ Mayor THE ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (ONTARIO HUMANE SOCIETY) a ofety In rporated under ntario SPCA Act. C~