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HomeMy WebLinkAboutReso - CC - 067-1952RESOLUTION NO. 67-52 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH PENINSULA HUMANE SOCIETY, A CORPORATION, TO MAINTAIN AND ENFORCE ALL EXISTING APPLICABLE ORDINANCES IN THE CITY OF BURLINGAME APPERTAIN- ING TO ANIMALS '5PON THE PUBLI. WAYS AND STREETS WHEREAS, Peninsula Humane Society, a corporation, and the City of Burlingame desires entering into an agreement so that the said Society will carry on, operate and maintain all of the city ordinances applicable to animals loose upon the city streets; and WHEREAS, there is attached hereto a certain agreement setting forth and specifying the intent of the parties thereto with reference to the operation of a pound by the said. Society and the amount of the contribution to be made by the City of Burlingame therefor; and WHEREAS, the City Council of the City of Burlingame now deems it to the interest of the city that the agreement hereto attached be entered into; NOW, THEREFORE, it is hereby Resolved and Ordered, that the City of Burlingame by and through the City Council, enter into the agreement attached hereto with the Peninsula Humane Society, a corporation, and that the Mayor be, and he is hereby authorized for and in behalf of the City Council, to execute the said agreement. Andrew C. Byrd Mayor I, Herbert K. white, City Clerk, do hereby certify that 11 the foregoing; resolution was introduced at a regular meeting of 11 the City Council held on the 6th day of October, 1,52, and adopted by the following vote: AY".S: COUNCILKF'N: Atwater -Byrd -Love -Morgan -Simonds NOES: COUNCILMEN: None ABSENT COUNCILMEN: None Herbert K. White City Clerk �aG�iT THIS ;-QRTFTfUF.,NT, made and enterer into this lst day calf` NOVEMBER a corporation, hereinafter called. "The r� and. the; CITY F 3TJRLl-,,,E,, a. nmmici.pal corporation, hereinafter c Iled "City"w �ITI�SSET�i Mi,;T 1MRViS,The So l ety Is incorpor .te � under the lwvn of the Mate of California for the prevention of cruelty to animal and is -authorized to intain an ani. l shelter tad po d; an,6, WHERFJ€ S, the pity is .esirous of o'bta-b-iing then, services The :society. NC?1d, MERE ARE, IT IS . AGREED . W UNDERSTOOD t:� `O:�,�t WS z 19 ` t the ►` ociety shall seize 2 in. pound and enforceall existing applicable ordinances in the City appertaining to all an > a.ls upon any public street, alley., or highway., court, o.r place, or public square or public grounds, or upon any unb'eaced lands or lot within the territorial limits of the City as my be requested from tim to time by the ufi,loi. 1.s of thu city gar any resident of the City* 2. Tlult LAI anirw-ls taken into custody by The Society and which by reason o age, or disease or other cause, are unfit - for further use or dangerous to keep impoinided., shall be destroyed. by The Society. 3. That the 5oelety skull provide all animals in its custody with proper food and water, and shall give them all necessary care and attention. Mat the% c Ltay shall The Sodety during the City 1'iscatl year 1952-1953., i" ar such services a. sum 'based upa n the Uai.ted. States 1350 census of population t:l �s 250. 5. That for the purposes of this Agreemnt, the parties b ;rein recognize that the 19 -0 census indicated a total of CARL WILLIAM ANDERSON ATTORNEY AT LAW c `> I.ft► That based upon said calculations, the City agrees t ay The Society the sum of 4�953.�5...� .�" It I-* distinctly ae st c ., however, that The Society intends to conStrUot an 1 t, shear upon lands lease. from the County of San Mateo9 li:tical subdi isi of the State of Calif ern ia, In the event that the said oc:i t does not Undertake the services upon the First day of the fiscal year, said sum shall be prorett d for tho period for whiQh services are actVally performed, "-twelft 1/12) of the total arrow-t agreed to be paid hereLn shall rvi paid upon, the first clay of the comwncement of the sory ces heroin a rse . to be Performed by,Ttle Society.,, and one --twelfth 1/12) on the first day off. each and every month thereafter until the ill sum agreed t b 'paid to the Society has been paid.; The Society aprees to hold the City,, the officers, employees thereof, harmless from any and s.l:. actions and claims which may bo made against either of teem arising out of any action in connection 'with this contract. It Is distinctly L�3dersti.,�od. by aa4 €3etvaen the partlea,herein that etith-or .duty,a.Ly terminate this contract by gives the other 0 days notica in writing. Notice shall be maileOl to the Society at the :office of Its attoxme , Carl William . ,.z Berson, 301 Calif 01mia Drive,, Burli. , - California Notice to the City shall be given by mailing said notice to the City Clerk, City Mall, Burlingame,, IN WITNESS '14WEREOPP The parties herein have hereumto set their hdm by their officers duly authorized the daT and year in this 1�,greozent first above w*.vitten. IT I UT- A Mi' Nvl SOIR '" a corporation a 5; Ci0ty CITY ; $TMELIN 14wo l CA R L WILL%& ATTORNEY AT LAW �qr� �4✓� (City)