A long fight between the City of Smithville and the DeKalb Coalition for Humane Treatment of Animals, Inc. seems to be over after the two have come to an agreement over the operations of the DeKalb Animal Shelter. On Monday, August 9, the city signed an agreement during a special called meeting, resolving a legal battle filed in Chancery Court.
The Animal Coalition and the city had been squabbling over who was in control of the operations at the shelter, since the city was providing funding for the operation. As a legal battle ensued, Chancellor Ronald Thurman issued a temporary restraining order against the city, keeping them from intervening in shelter operations. With the new more detailed contract signed by both parties, the court case will be dismissed.
In the new agreement, the city will have no control in operations, but will have some responsibilities. The city will make a contribution to the coalition, an annual sum of $100,000, paid in quarterly payments, for the full year, with an increase of $1,000 per year for the next fifteen years. The lease may be revisited but not reduced and the first 15 years. The coalition will also be required to submit a report financial report to the city before any quarterly payments are made.
In the terms of the agreement, shelter employees are funded by the Animal Coalition. The coalition will be solely responsible for the staffing, management, and operation of the shelter including hiring and termination of employees and will pay all associated costs of their employment including salaries, uniforms, benefit packages, etc. The coalition will also be responsible for the utilities and lawn care at the shelter and dog park.
The city will be responsible for the maintenance of the exterior of the building, will continue to provide insurance on the structure, while the coalition will be responsible for the interior of the building. The City will also not be responsible for any personal property at the shelter.
The coalition will maintain proper care for all domestic animals in their custody, maintain suitable office hours for the shelter, and diligently enforce all laws, ordinances, rules and regulations pertaining to domesticated animals. They must provide food, water and proper shelter for the animals in their care, and work to provide foster homes and adoptions for the animals.
The coalition will indemnify and hold harmless the City of Smithville any and all losses, damages, liabilities, expenses, and claims, whether at law or inequity which may arise or be filed against the city and be in favor of any person arising from the use of occupancy by the DeKalb Animal Shelter. The coalition shall continue to maintain a policy of comprehensive general liability casualty insurance on the interior of the shelter.
The city will sign the title over to the coalition to the animal transport vehicle, and the coalition will be responsible for maintenance on the vehicle. The purchase of any subsequent animal transport vehicle will be the responsibility of the coalition.
The city will also have the right to inspect the shelter at any reasonable time, and would have to replace the structure if destroyed by a natural disaster, fire, flood, etc. using the same building materials.
If for some reason the Animal Coalition ceases to exist, the agreement becomes null and void and City of Smithville would assume complete control of the shelter.
Should the city and coalition have any future disputes, they would go to Rule 31 Mediation, with the cost of the mediation split between the city and the coalition. The Smithville Police Department is also not obligated to help the Animal Shelter in the collection of animals.
The lease between the City of Smithville and the Animal Coalition is for 99 years from September 1, 2015 to August 31, 2114.
