HomeMy WebLinkAboutO-1994-1989
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CITY OF MORGAN'S POINT
STATE OF TEXAS SS
COUNTY OF HARRIS SS
I, the undersigned. City Clerk of the City of Morgan's Point, Texas, do hereby certify that Ordinance 94-
334 was passed and approved by the City Council at a Regular Meeting held on the 14th day of
September, 1994, at which meeting a majority of the City Council present voted in favor of the Ordinance.
I further certify that said meeting was properly posted according to the law, prior to the date of the
meeting.
WITNESS MY HAND AND SEAL OF OFFICE,
this the 16th day of September, 1994
.~
Dav.id A: Paulissen
City Administrator/Clerk
City of Morgan's Point, Texas
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AGREEMENT
THE STATE OF TEXAS X
COUNTY OF HARRIS X
This Agreement made and entered into by and between the CITY OF LA PORTE, a
municipal corporation of Harris County, Texas, hereinafter referred to as -LA PORTE- and the
CITY OF MORGAN'S POINT, a municipal corporation of Harris County, Texas, hereinafter
referred to as -CITYt:I,
WITNES SETH
WHEREAS, CITY is in need of certain governmental services for the benefit of the
people and property within its city limits, and
WHEREAS, LA PORTE is 'able and willing to provide said governmental services to
CITY, upon the terms, conditions, and covenants herein contained:
NOW, THEREFORE, pursuant to the authority granted by Chapter 791, -Interlocal
Cooperation Contracts-, Texas Government Code, and in consideration of the mutual covenants,
agreements, and benefits to both cities, it is hereby agreed as follows:
A. GENERAL PROVISIONS
I.
For and during the year beginning on the 1st. day of October, 1994, and ending on the
30th day of September, 1995, LA PORTE agrees to furnish to CITY, the governmental services
hereinafter more specifically described, and continuing thereafter as provided in Paragraph A-IV
or until canceled as provided in Paragraph A-V hereof. This agreement supersedes any prior
agreement between the partners on the subject matter hereof.
n.
For and in consideration of the governmental services to be provided by LA PORTE to
CITY, CITY agrees to pay LA PORTE as follows, to wit:
(1) Monthly base charge as follows:
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Emergency 911 Dispatch and Jail Service
Fire Protection
Emergency Ambulance Service
$ 455.91
1,320.87
811.39
$2,588.17
Total
(2) A further sum of $~ per prisoner per day or any fraction thereof.
The total of such base charges, plus charges for said specific services, to be paid in full
by CITY to LA PORTE, on or before the tenth day of the month following the month in which
such services were rendered. Payments by CITY shall be made from current revenues available
to CITY.
m.
LA PORTE will not be liable for loss or damage to person or property arising from or
caused by or resulting from alleged negligence of LA PORTE, its officers or employees or
volunteers in carrying out the terms of this agreement. CITY agrees to indemnify, and save and
hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person,
firm, corporation, or association, in connection with this agreement.
IV.
The monthly base charge hereunder is based on 110 percent of the per capita budgeted
cost to LA PORTE for its fiscal year beginning October 1, 1993, to provide the services
enumerated herein to the residents of LA PORTE, based on LA PORTE'S 1990 Federal census
of 29,200. The monthly charges hereunder are prospectively subject to increase, based on the
same formula, after September 30, 1995, upon thirty (30) days written notice from LA PORTE
to CITY, for budget year(s) beginning October 1, 1995, and thereafter.
V.
Either party to this agreement may cancel by giving sixty (60) days written notice to the
other party. Such notice will be effective as of midnight of the last day of the calendar month
after the expiration of such sixty (60) days notice. .
VI.
CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they
now exist, or may be amended hereafter, relating to the services rendered including the use of
facilities made available to the CITY under the terms of this agreement.
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B. EMERGENCY 911 DISPATCH SERVICES
I.
LA PORTE agrees to receive telephone calls and to dispatch radio calls to CITY patrol
units.
n.
LA PORTE further agrees that a dispatcher will be available at the LA PORTE Police
Department to render this service twenty-four (24) hours a day for the duration of this
agreement.
C. JAIL
I.
LA PORTE agrees to allow CITY to temporarily confine persons arrested by CITY's law
enforcement officers in the LA PORTE City Jail until such time as they can be properly released
or conveniently moved by the proper authorities to the Harris County Jail.
n.
CITY agrees to keep certifications current of all law enforcement officers, required by
the Texas Commission on Law Enforcement standards and education or other appropriate
regulatory authority having jurisdiction, and shall provide copies of same to LA PORTE, if so
requested.
m.
CITY will be solely responsible for all medical care for, and all transportation of
arrestees brought to and/or being taken from the LA PORTE jail. In addition, CITY shall be
solely responsible for the security of the arrestee during said transportation.
IV.
LA PORTE may suspend service and may refuse to accept any arrestee from CITY, in
its sole discretion.
D. FIRE PROTECTION
I.
LA PORTE agrees to provide fire protection for real and personal property situated
within CITY, for the term of this agreement, upon the terms and conditions herein contained.
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II.
Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized
assistants, as to the fire fighters and equipment that will answer each fire alarm, provided that
protection will be adequate (meaning reasonable protection, considering available fire fighters
and equipment of LA PORTE'S Fire Department) and sending of fire fighters and equipment
to protect property within CITY will be subordinate to requests for, and rendering of, fire
protection within LA PORTE.
m.
CITY agrees to pay LA PORTE for fire protection services, the amounts, and in the
manner, hereinabove specified.
E. EMERGENCY AMBULANCE SERVICE
I.
As part of the consideration expressed herein, LA PORTE agrees to furnish ambulances
and the personnel to man those ambulances, said ambulance service being available on a constant
basis. LA PORTE shall regularly maintain said ambulance units, keep them in good working
condition at all times, normal wear excepted.
II.
LA PORTE shall transport patients to the nearest hospital providing emergency service,
that will take the patient, unless the patient's safety or unless the patient specifically dictates
otherwise. In the event the patient is incapacitated, the ambulance attendant shall designate
transportation of patient to the nearest hospital.
m.
LA PORTE shall be permitted to charge patients the following base charge, to-wit:
(1) Ambulance Service and Invalid Coach Service:
(a) LA PORTE shall be entitled to charge fees for its services rendered.
(b) Method of dividing cost among patients if more than one is carried in the
same ambulance simultaneously to one hospital:
One and one-half (1 1/2) times the regular rate, divided by the number of
patients transported; each patient to pay equal amount.
LA PORTE shall never deny emergency service because of a person's
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inability to pay.
IV.
LA PORTE agrees to operate the ambulances in accordance with the requirements of the
State and Federal Law, and applicable ordinances of CITY, as same now exist, and as may be
amended from time to time hereafter.
V.
LA PORTE's primary obligation hereunder is to serve the area described as the corporate
limits of the City of La Porte, plus the area within the City of La Porte's Battleground Industrial
District, the City of La Porte's Bayport Industrial District, and the corporate limits of the City
of Morgan's Point. LA PORTE, however, shall have the right and privilege to furnish
ambulance service to other entities, including cities and water districts, within the boundaries
of the La Porte Independent School District; provided, that the basic level and quality of service
to the City of Morgan's Point, as provided for herein, is not diminished. LA PORTE shall be
entitled to retain revenues received under such other contracts. LA PORTE shall charge its
usual and customary fees for such service within such other cities and entities, which fees shall
not be less than those prescribed hereunder.
F. ORDINANCE
CITY shall promptly enact, and vigorously enforce, an Ordinance making it a
misdemeanor for any person to make a -false alarm- to the LA PORTE Dispatch Service, for
any emergency services.
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WITNESS OUR HANDS and the Seals of our respective Cities, effective as of the 1st
day of October, 1994.
PASSED AND APPROVED by the City Council of the City of La Porte, by its
Ordinance No. 94- 1 989 . . , on the d{t-rtf day of T~j' , 1994.
CITY OF LA PORTE
ByQ~ T. ~
City Manager
ATTEST:
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City Secretary
7Z;Jdv
City Attorney
PASSED AND APPROVED by the City Council of the City of Morgan's Point, by its
Ordinance No. C:;!.f-::,3q , on the~ day Of~'kll~--, 1994.
CITY OF MORGAN'S POINT
By Rl..,.L/?J~
Mayor
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City Secretary
APPROVED:
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City orney
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ORDINANCE 94-334
AN ORDINANCE APPROVING AND AUTIIORlZING AN AGREEMENT BElWEEN THE
CITY OF MORGAN'S POINT AND THE CITY OF LA PORTE, FOR EMERGENCY 911
bJSi'ATClI AND JAIL SERVICE, FIRE PROTECTION, AND EMERGENCY AMBULANCE
SERVICE~ MAkiNG VARIOUS FI~DINGS AND PROVISIONS RELATING TO THE SUBJECT;
'. FINDlNG COMPLIANCE WITH THE OPEN MEETINGS LAW ; PROVIDING AND
EF~ECTIVE DATE HEREOF.
SE 11 ORDAINED BY 11IE CITY COUNCIL OF THE CITY OF MORGAN'S POINT:
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Section t. The City Council hereby approves and authorizes the contract, agreement, or
bndeitaking described in the title of the Ordinance, in substantially the fonn as shown in the document
which is attached hereto and incorporated herein by this reference. The Mayor is hereby auUlOrized to
execute such document and all related documents on behalf of the city of Morgan's Point. Ute City
, Administrator/Clerk is hereby authorized to oUest to all such signatures and to affix the seal of the City to
. all such documents.
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Setdon 2. The City Council officially finds, 'determines, recites and declares that a sufficient
. \"riUert notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
. convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open MeeLlngs law, Article 62S2-17, Texas Revised Civil Statutes Annotated~ and Utat
this meeting hlis been open to the public as required by law at all times during which this ordinance and
the subject matter thereof has been discussed considered and formally acted upon. The City Council
further ratifies, approves and confirms such wriUen notice and the contents and posting thereof.
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Secelon 3.' INTRODUCED, READ and PASSED by affirmative vole of the majority of the City
Council of the City of Morgan's Point, Texas, on this the..ledl ~~~, Ip94. n6"':/
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lENT BETWEEN THE
"K EMERGENCY 911
!ENCY AMBULANCE
~G TO THE SUBJECT;
; PROVIDING AND
'"'OINT:
~nttact,'agreemen~ or
:shown.in..the document
is hereby authorized to
,'gan's Point. the City
1X the seal of the City to
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lares that a sufficient
1 was posted at a place
.eding this .Deeting, as
I; Annotated; and tJlat
.ell this ordinance and
...iI. The City Council
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ORDINANCE NO. 94- 1989
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT, FOR EMERGENCY 911
DISPATCH AND JAIL SERVICE, FIRE PROTECTION, AND EMERGENCY AMBULANCE
SERVICE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subj ect matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 94-1989
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Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this q5"~day of ~u.. (v
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ATTEST:
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Sue Lenes,
City Secretary
AGZul
Knox W. Askins,
City Attorney
CITY OF LA PORTE
BY:~~~
Mayor
, 1994.