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HomeMy WebLinkAboutO-2009-3171 provide Dog Impound Services to the City of Morgan’s Point H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 08-24-09 Budl!:et Requested By: Kenith Ad{'oy Source of Funds: Department: Police Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Interlocal Agreement with Morgan's Point for Dog Impound Services Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits OrdillallCIl SUMMARY & RECOMMENDATION The City of Morgan's Point has requested that the City of La Porte enter into an Interlocal Agreement allowing the City of Morgan's Point Police Department to utilize La Porte's Animal Shelter for dog impound services if needed. The City of La Porte already maintains this same type of interlocal agreement with the City of Shore acres. The City of Morgan's Point will be subject to the same fees, rules, regulations and policies as the other agencies that use the facility. The term of the agreement will be from July 20th, 2009 to July 20th, 2011. Staff does not believe that this interlocal agreement will impact the La Porte Animal Shelter in a negative way and is recommending approval. 5' bo /0'7 Date AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ 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 "MORGAN'S POINT". WITNE SETH: WHEREAS, MORGAN'S POINT 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 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 term beginning on the.A. day of 11.u.L....... ,2009, and ending on the ~ay of ~ ' 2011, LA PORTE agrees ~ to MORGAN's POINT, the governmental servic s heremafter more speCIfically descnbed. ThIS agreement supersedes any prior agreement between the parties on the subject matter hereof. This agreement shall remain in effect after ~ , 2011, until cancelled by either party hereto giving ninety (90) days written notic~er party. ll. For and in consideration of the governmental services to be provided by LA PORTE to MORGAN'S POINT, MORGAN'S POINT agrees to pay LA PORTE, as follows, to wit: The reasonable and customary charges and fees established 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; MORGAN'S POINT 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 MORGAN'S POINT without receiving payment in full for all services rendered by LA PORTE from the dog owner or other who may claim the dog. ID. 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. MORGAN'S POINT agrees to indemnify, to the extent allowed by law, and save and hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person, frrm, corporation, or association, in connection with this agreement. IV. Either party to this agreement may cancel by giving ninety (90) days 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 ninety (90) days notice. v. MORGAN'S POINT 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 MORGAN'S POINT under the terms of this agreement. B. DOG IMPOUND I. LA PORTE agrees to provide Dog Impound Services (Service) to the City of MORGAN'S POINT 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. MORGAN'S POINT 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 ~ of ~,2009. PASSED AND APPROVED by the City Council of the City of LA PORTE, by its Ordinance NO.~ on the 1YfI= day of (}Mjilf CIty Manager By: ATTEST: ~iJ{{M City Secretary n16rt\t1Aj PoMt- q~ PASSED AND APPROVED by the City Council of the City ofM~-l'-E,by1:ts-erdirnmce -N-e. , on the J{Nh day of ()U~J ,2009. By: ATTEST: ~~~. Ci Secre ORDINANCE NO. 2009- 31 ;-11 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF MORGAN'S POINT TO PROVIDE DOG IMPOUND SERVICES TO THE CITY OF MORGAN'S POINT, ON A SPACE AVAILABLE BASIS, 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 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. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, ATTEST: lJ}J,tt~i14/ Mart a A. Gillett City Secretary A~r:~ Clark T. Askins Assistant City Attorney By: 2 ,2009.