HomeMy WebLinkAboutO-1998-2286
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ORIGINAL
ORDINANCE NO. 98- 2286
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.
Section 2 The City Council officially finds, determines, recites and dedares 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.
Section 3 This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 28th day of September, 1998.
ATTEST:
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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 "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, "lnterloca.l
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, 1998, and ending on the
30th day of September, 2001, LA PORTE agrees to furnish to CITY, the governmental services
hereinafter more spccifica.Jly 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:
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Emergency 911 Dispatch and Jail Service
Fire Protection
Emergency Ambulance Service
$ 539.34
1,492.16
1,131.27
$3,162.77
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 dIe per capita budgeted cost
to LA PORTE for its fiscal year beginning October 1, 1998, to provide dIe 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, 1999, upon fifteen (15) days written
notice from LA PORTE to CITY, for budget year(s) beginning October 1, 1999 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 dIe 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.
1I.
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.
U.
CITY agrees to keep certifications current of all law enforcement officers, required by die
Texas Commission on Law Enforcement standards and education or odler appropriate regulatory
authority having jurisdiction, and shall provide copies of same to LA PORTE, if so requested.
III.
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, tor 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.
III.
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, nonnal wear excepted.
11.
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:
(I) 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.
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LA PORTE shall never deny emergency service because of a person's
inability to pay.
IV.
LA PORTE agrees to operate dle 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 dle area described as the corporate
limits of the ~ity of La Porte, plus dle area within dle City of La Porte's Battleground Industrial
District, the City of La Porte's Bayport Industrial District, and the corporate limits of dle City of
Morgan's Point. LA PORTE, however, shall have dle right and privilege to furnish ambulance
service to other entities, including cities and water districts, wiulin dIe boundaries of the La Porte
Independent School District; provided, Ulat U1C basic level and quality of service to UIC 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 odler cities and entities, which fees shall not be less dlan dlOse
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 lhe 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, 1998.
PASSED AND APPROVED by the City Council of the City of La Porte, by its Ordinance
No. 98- ~d~L, ,on the 29ft- day of ~-I1;;(1dL , 19~8.
CITY OF LA PORTE
By G?J~ 'I, ~
City Manager
A TrEST:
~Ov)4JJJ
Cl~
a!;IOJ
Ity Attorney
PASSED AND APPROVED by the City Council of the City of Morgan's Point, by its
Ordinance No. CJ; - 397 ,on the q # day of ::2o~!tJJA.. 1998.
CITY OF MORGAN'S POINT
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lS-ST:
CitY~re~
APPROVED:
City Attorney
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