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Home My WebLink AboutO-1996-1743-B . e ORDINANCE NO. 96-1743-B AN ORDINANCE APPROVING AND AUTHORIZING AN IHTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR HARRIS COUNTY TO PROVIDE FOOD ESTABLISHMENT SURVEILLANCE SERVICES TO THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND 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 Mayor 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 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 effective from and after its passage and approval, and it is so ordered. . ORDINANCE NO. 96-1743-B . PASSED AND APPROVED, this 20th day of May, 1996. By: ATTEST: .s..... ~ - / Sue Lenes, City Secretary ~d~ Knox W. ASkins, City Attorney CITY OF LA PORTE ~ ~~ . ?~ N rman L. ~.e, " Mayor PAGE 2 . . AGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement, made and entered into by and between HARRIS COUNTY, a body corp~rate and politic under the laws of the State of Texas (hereinafter sometimes referred to as "County"), and the CITY OF LAPORTE, a municipal corporation under the laws of the State of Texas and situated in Harris County, Texas, (hereinafter sometimes referred to as "City"). WITNESSETH WHEREAS, the County provides Food Establishment Surveillance Program Services for itself and other public entities; and WHEREAS, the City is desirous of obtaining Food Establishment Surveillance Program Services for the protection of its residents; and WHEREAS, the County and the City desire to make and enter into an Agreement whereby the County will make available to the City the County's Food Establishment Surveillance Program Services for the public health protection of its residents; and WHEREAS, the County and the City are authorized to enter into an agreement for the provision of such services pursuant to and under the provisions of Tex. Gov't Code Ann. ~791.00l et seq (Vernon 1994), also known as "The Interlocal Cooperation Act"; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements, and benefits to both parties, it is agreed as follows: I. The County will make available to the City its Food Establishment Surveillance Program Services through the Harris County Health Department. II. The County, acting through the Harris County Health Department and pursuant to its Food HDEI'IlI,.uP .I)()(:JS-3-9lJ . e Establishment Surveillance Program, will provide said services to all food establishments located within the corporate limits of the City during the term of this Agreement. Said services may include, but not be limited to, the following: 1. The establishment of a Food Establishment Surveillance Program; 2. The certification of establishments for the issuance of health permits; 3. Notification to the City of violations of the City's health ordinances; 4. Documentation, in semi-annual reports, of the Food Establishment Surveillance Program activities within the City ; and 5. The approval of food establishment managers training programs and certification of said managers where required by ordinance. In. The City agrees to maintain, during the period of this Agreement, ordinances which effectuate the following requirements: I. Adopt the current Texas Board of Health "Rules of Food Services Sanitation" and the "Rules of Retail Food Store Sanitation"; 2. Adopt the "Rules of Food Service Sanitation for Harris County , Texas" promulgated by the Commissioners Court of Harris County. Texas; 3. Designate the Director of the Harris County Health Department as Health Authority for the purposes of this Agreement; 4. Require all food establishments within the City's corporate limits to maintain a vaJid health permit; and, 5. desires. Require food establishments to have certified managers if the City so IV. It is expressly understood and agreed that as and for compensation for those services provided by the County to the City, the Harris County Health Department shall collect and retain any application fees received from applicants for those health permits which are issued pursuant to the terms of this Agreement. - 2 - e e V. The County shall be responsible for the enforcement of the City's food permit ordinance and all amendments to such ordinance. VI. The term of this Agreement shall be for a period of five (5) years, commencing on June 1, 1996. and ending on May 31, 2001. Notwithstanding this provision, either the County or the City may lerminate this Agreement upon giving the other party hereto thirty (30) days prior written notice of the intent to terminate the Agreement. vu. The County is an independent contractor under the terms of this Agreement and is not an officer. agent. servant, or employee of City. VID. No amendment or modification of the Agreement shall be valid or binding unless in writing, and executed by both the County and the City. IX. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the parties at the following addresses: FOR THE COUNTY: Commissioners Court of Harris County Harris County Administration Building 1001 Preston, 9th Floor Houston, Texas 77002 Attention: Clerk of Commissioners Court FOR THE CITY: City of LaPorte City Council P.O. Box 1115/640 West Fainnont Parkway LaPorte, Texas 77572-1115 - 3 - . e The aforesaid addresses may changed upon giving prior written notice of said change as provided herein. For purposes of notice under this Agreement, a copy of any notice or communication hereunder shall also be forwarded to the following address: Harris County Health Department 2223 West Loop South Houston, Texas 77027 Attention: Chief, Consumer Health Section x. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. IN TESTIMONY OF WHICH, this Agreement has been executed in multiple originals, each to have the same force and effect, as follows: A. It has been executed on behalf of Harris County on the. 4 ~ day of Jlu\.V . 1996, by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County, Texas, authorizing such execution; and B. It has been executed on behalf of the City of LaPorte, Texas, on the r5l1H"t. day of _ f'l\.~7. . . 1996, by its Mayor, pursuant to that procedure which authorizes such execution. APPROVED AS TO FORM: MIKE DRISCOLL County Attorney HARRIS COUNTY By: ~~ ROBERT ECKELS County Judge -4- . . ATTEST: CITY OF LAPORTE By: 5...-... ~ SUE LENES City Secretary BY:~/h~~ / ORMAN-MALO - E Mayor '-- - 5 - . . ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY .OF LAPORTE FOR FOOD ESTABLISHMENT SURVEILLANCE SERVICES THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ On this the t.{~y of ~ ~1996, the Commissioners Court of Harris County, Texas, upon motion of Commissioner ~ . seconded by Commissioner ~. duly put and carried, IT IS ORDERED that County Judge Robert Eckels be, and he is hereby, authorized to execute an Agreement between Harris County and the City of LaPorte for food establishment surveillance services, said Agreement being incorporated herein by reference for all purposes as though fully set forth herein word for word. ~~1m 1]'@ ~'!';;:;:~~,,~ ~:..J~~U OIb JUN () 4 ,1.9.96 I!:l~~~~