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HomeMy WebLinkAboutO-2008-3081 agreement with City of Shoreacres/animal control services D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 9. 2008 Appropriation Requested By: Ron Parker Source of Funds: Department: P9lice Depntlllellt Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Approving Agreement wi Shoreacres Amount Requested: Exhibits: Ae:reement with City of Shoreacres re: Animal Control Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Consider approval of an ordinance approving an agreement between the City of Shoreacres and the City of La Porte for animal control issues; including, but not limited to impound, feeding and euthanasia. This agreement allows La Porte to charge reasonable and customary charges and fees for services provided. The ordinance will be in effect for the term specified on the agreement, with a cancellation clause allowing either party to withdraw from the contract upon ninety (90) days written notice to the other party. T> ORDINANCE NO. 2008-:3a51 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES I FOR DOG IMPOUND SERVICES, 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, a copy of which is on file in the office of the City Secretary. 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 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. PASSED AND APPROVED, this ATTEST: ~G~il1jjjJ City Secretary APPROVED: ~~kr:~ city Attorney qIf- day of *11.,.1., CITY OF LA PORTE UH-~y~ Alton E. Porter Mayor , 2008. By: 2 ORDINANCE NO. 2008-10 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES, FOR DOG IMPOUND SERVICES; 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 SHOREACRES: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of Shoreacres. 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 suffident 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 Govemment 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. ~ PASSED AND APPROVED, this 0-6 ~ day of ~ ~ ,2008. CITY OF SHOREACRES By: ~J02~L/(~ o ashlngton, Mayor ATTEST: .7 David K. J~ Secretary State of Texas County of Harris I certify that this cocum and unaltered copy. ~ Name: Title: Date: C RTIFIED COpy IS a true, exact, complete 1p'\lIJ ~w, {,!l1 ~ o L/ MAtt ,'> .:c. ..__.___......_._...,...""____.,..~_ -- AGREEMENT STATE OF TEXAS S 9 COUNTY OF HARRIS 9 TillS 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 SHOREACRES, a municipal corporation of Harris County, Texas, hereinafter referred to as "SHOREACRES", WIT N E S. E T H:. WHEREAS, SHOREACRES is in the 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 tenus, conditions, and covenants herein contained: NOW, THEREFORE, pursuant to the authority granted by Chapter 791, "Inter10cal 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 1. For and during the term beginning on the I c:;.-r day of AuG::.-lA. c:.'T , 2008, and ending on the ~ day of J(,.l~ ' 2010, LA PORTE agrees to furnish to SHOREACRES, the governmental services here' fier more specifically described. This agreement supersedes any prior agreement between the parties on the subject matter hereof. This agreement shall remain in effect after J l.).L..'f '?>I , 2010, until cancelled by either party hereto giving ninety (90) days written notice to the other party. II. For and in consideration of the governmental services to be provided by LA PORTE to SHOREACRES, SHOREACRES agrees to pay LA PORTE, as follows, to-wit: The reasonable and customary charges and fees establishe(d by Ordinance, Resolution or Policy approved by LA PORTE for same services rendered to residents of La Porte, including but not limited to daily impound fees, feeding, and euthanasia; SHORBACRES paying such amount as may be ....... outstanding and unpaid by the dog owner or other who may claim the dog, if any. LA PORTE agrees not to release dogs impounded by SHOREACRES without receiving payment in full for all services rendered by LA PORTE from the dog owner or other who may claim the dog. The total of such unpaid charges are to be paid in full by SHOREACRES to LA PORTE, on or before thirty days following invoice by LA PORTE for Service rendered. Payments by SHOREACRES shall be made from current revenues available to SHOREACRES. 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 SHOREACRES 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. lV. Either party to this agreement may cancel by giving ninety (90) days notice to the other party. Such notice will be effective as ofmidnight of the last day of the calendar month after the expiration of such ninety (90) days notice. v. SHOREACRES 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 SHOREACRES under the temlS of this agreement. B. DOG IMPOUND I. LA PORTE agrees to provide Dog Impound Services (Service) to City for Shore acres on a space available basis. LA PORTE reserves the right to refuse the Service at any time during the agreement to accommodate its own needs. SHOREACRES personnel shall deliver dogs for impound to the LA PORTE facility during normal operation hours. Dogs delivered to LA PORTE for Service shall be subject to the same rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the dogs placed in the facility by LA PORTE. -- WITNESS OUR HANDS and the Seals of our respective Cities, effective as of the _ day of ,2008. PASSED AND APPROVED by the City Council of the Ci No. , on the _ day of 2008. ORTE, by its Ordinance ATTEST: ~t~t#-1J City ecretary . PASSED AND APPROVED by the City Council of the City of Shoreacres, by its Ordinance No. 2.tU~- , 0 , on the z.~ttc;l day of ;:IV'" E... 2008. CITY OF SHOREACRES B~\~. Mayor ATTEST: State of Texas County of Harris 'ERTIF1ED COpy I certify that this d0crm ,t is a true. exact, complete and unaltered Cl..ii','. Name:_ Title: Date: ~J <~l( C, 11 1e<. 4'NV"1 all M<\llcl1