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HomeMy WebLinkAboutO-1995-2066 e . ORDINANCE NO. 95_2066 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 describes 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 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 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has 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 written notice and the contents and posting thereof. e . ORDINANCE NO. 95- 2066 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25th day of September , 1995. CITY OF LA PORTE By: .f1l1!l~ N man L. alon, Mayor ATTEST: ~"L-~ Sue Lenes, City Secretary fi4-tJ APPROVED: Knox W. Askins, City Attorney e e 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 "CITY", WITNESSETH 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, "lnterlocal 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 three year beginning on the 1st day of October, 1995, and ending on the 30th day of September, 1998, 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. II. 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: e . Emergency 911 Dispatch and Jail Service Fire Protection Emergency Ambulance Service $ 461.77 1,284.15 855.34 $2,601.26 Total A further sum of $..8..00.. 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. (2) III. 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, 1995, to provide the services enumerated herein to the residents of LA PORTE, based on LA PORTE'S 1990 Federal census of 29,200, and City's 1990 Federal census of 341. The monthly charges hereunder are prospectively subject to increase, based on the same formula, after September 30, 1996, upon thirty (30) days written notice from LA PORTE to CITY, for budget year(s) beginning October 1, 1996, and thereafter. V. Either party to this agreement may cancel by giving sixty (60) days ~ritten 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. -2- e e B. EMERGENCY 911 DISPATCH SERVICES I. LA PORTE agrees to receive telephone calls and to dispatch radio calls to CITY patrol units. II. 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 confme 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 condition~ herein contained. -3- . e 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, frre protection within LA PORTE. ill. 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. ill. 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 inability to pay. -4- e . 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 arid 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 II false alarm II to the LA PORTE Dispatch Service, for any emergency services. -5- . . WITNESS OUR HANDS and the Seals of our respective Cities, effective as of the 1st day of October, 1995. PASSED AND APPROVED by the City Council of the City of La Porte, by its Ordinance No. 95- 2066 , on the 25th day of September , 1995. CITY OF LA PORTE By ~~T: ~ City Manager A TIEST:.../J ) ~-~ City Secretary [;;;;JdJ City Attorney PASSED AND APPROVED by the City Council of the City of Morgan's Point, by its Ordinance No. '15-~51_, on the \-\+h day of OC~bev ,1995. CITY OF MORGAN'S POINT BY~y?~~ ATTEST: ~u.J ~tJ.d( Ci Secretary APPROVED: '?11l/). ~ ~ City A orney -6- .e . CITY OF MORGAN'S POINT STATEOFTEXAS SS COUNTY OF HARRIS SS I, the undersigned, City Clerk of the City of Morgan's Point, Texas, do hereby certify that Ordinance 95- 351 was passed and approved by the City Council at a Regular Meeting held on the 11th day of October, 1995, 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 12th day of October, 1995 ',' ~-=::\ ~ ~:-:""~ .._-::;.::. ~ ~~~ ! -... ~ . ~ ~ .. ~,~ VI1 '~_I ~ City Secre City of Morgan's Point, Texas . :.; ~.:'.-;.::;~:;r;"~"~~::<:.':T~~;~~":~~:'''> ,I' . .' . odlHAHtl '5-3S1 AN ORDINANCE APPROVING AND AUTilOlUZtNG AN AGREEMENT BETWEEN THE CITY OF MORGAN'S POINt AND tHE ciTY 0' LA PORTE, FOlt EMERGENCY '11 DISPATCH AND JAIL SERVICE, triAl .JtdtttTION; AND EMERGENCY AMBULANCE SERVICE; MAKING vARtouS FINDINGS ANb PR()vtStONS RELATING TO THE SUBJECT; FINDING COMPLIANCE Wltlt tHE oPEN MttTINGS LAW ; PROVIDING AND EFFECTIVE DATE HEREOi\ . ". BE IT ORDAINED BY 11IB tltY coUNCiL Of 'tHE CITY OF MORdAN'S POINT: Section i. The City Council hereby approves ind authonzd the contract, agreement, or . undertaking described In tbe title of the Ordiriiliic:e, ili IubstanUaUy the form ili shown In the document which Is altached bereto and Incorporated herei" b1 lids reference. Tbe Mayor Is hereby authorized to execute such document and all related dOCUinehtJI on behalf' ot the city of Morgan's Point. the City t J I' I J./Clerk Is hereby autborized to attest ~o ilU iuch slgnatuiei !lnd to affix the seal of the City to all such documents. . Section 2. The City Council omclally Onds, determines, redta and declares that a sufficient wrilten notice oCthe date, bour, place and subject oCtltl. meeting otthe City Council was posted at a place convenient to the public at the City "aU or the City fur the time required by law preceding this meeting, as required by the Open Meetlngil Law, Article 62~2-i1, Texas Revised Civil Statutes Annotated; and that this meeting lIas been open to tile public as required by law at all times during which this ordinance and the subject molter thereof has been discussed t9nsldeted ihd formally acted upon. the City Council further ratifies, approves and confirms such ,,,dUeit noUce ai1d the contents and posUng thereof. Section 3. INTRODUCED; READ and pASSSD by affirmative vote of the majority of the City Council oCtbe City of Morgan;s Point; Texas, bit this the t hb day or October, 199~. . ....... ... - ATfEST' \ '. . . \." ..-' ,. .-...: -- ~({k ;.. . ~ :" \~ v . - '.A . ... Ii IJ () ..-............. ~ . "\. .... -" Cit; ~ . . ICle . . ......-- ' . "~ ... - '\. _., ~~ROVED: '" ~ tJ.~ d~ I~ .