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HomeMy WebLinkAboutPR 15488: OPERATION CRACK-DOWNInteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~Za,,,i( ~.rr~o~-- Date: September 4, 2009 Subject: P. R. No. 15488; Council Meeting September 8, 2009 Attached is P. R. No. 15488 as it pertains to Operation Crack-Down. The program is slated to start in November 2009, with over 20 dilapidated structures to be demolished. MTS:ts Attachment Copy to: Director of Community Services z.pr1548B memo P. R. No. 15488 49/01/09 is RESOLIITION NO. A RESOLIITION AS IT PERTAINS TO OPERATION CRACK-DOWN WHEREAS, the City desires to participate in Operation Crack- Down as administered by the Texas National Guard; and WHEREAS, the program involves the demolition of dilapidated structures by the Texas National Guard, with the City removing the debris; and WHEREAS, the City and the owners of the structures will be requested to sign Hold Harmless and Releases in substantially the same forms as delineated in Exhibit "A" and Exhibit "B" NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the participation of the City in Operation Crack-Down is herein approved, sign the Agreements thereto, attached hereto as Exhibit "A" on the properties wherein the ~ sue and- indemnity agreements denoted in Exhibit "B". with the City Manager authorized to in substantially the same form as and for the demolition to take place owners also sign the covenants not to in substantially the same form as Section 3. That a copy of the caption of this Resolution z.pr15488 P. R. No. 15488 09/01/09 is RESOLO'TION NO. A RESOLIITION AS IT PERTAINS TO OPERATION CRACK-DOWN WHEREAS, the City desires to participate in Operation Crack- Down as administered by the Texas National Guard; and WHEREAS, the program involves the demolition of dilapidated structures by the Texas National Guard, with the City removing the debris; and WHEREAS, the City and the owners of the structures will be requested to sign Hold Harmless and Releases in substantially the same forms as delineated in Exhibit "A" and Exhibit "B" NOW THEREFORE, BS IT RESOLVID BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the participation of the City in Operation Crack-Down is herein approved, with the City Manager authorized to sign the Agreements thereto, in substantially the same form as attached hereto as Exhibit "A" and for the demolition to take place on the properties wherein the owners also sign the covenants not to sue and indemnity agreements in substantially the same form as denoted in Exhibits "A" and "B". Section 3. That a copy of the caption of this Resolution z.pr1548B be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: _~ MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr15488 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING BETWEEN TEXAS NATIONAL GUARD AND CITY OF ,TEXAS SUBJECT: Memorandum of Understanding (MOU) between Texas National Guard and the City of ,Texas. 1. Purpose. This memorandum sets forth the responsibilities of the two organizations in connection with the operation and control elements of Task Force Crackdown. The procedures to be followed by each of these agencies are set forth in Operation Plan ,dated attached hereto and made a part hereof for all purposes. 2. Terms of Agreement. This agreement shall become effective immediately upon signature by all parties and shall continue in effect until completion of operations on or about unless terminated by any party upon notice or in writing to all other parties. Amendments or modifications to this agreement and the attached Operation Plan _ may be made upon the written agreement of all parties to the agreement. Texas National Guard Date City Official Date HOLD HARMLESS TO OPLAN OPERATION CRACKDOWN Annex A is attached hereto and incorporated herein as it fully set out. RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT In consideration for the United States of America, the United States Army, the State of Texas and the Texas Army/Air National Guazd (hereinafter collectively refereed to as "Guard") in the demolition of the uninhabited structure described below (hereinafter refere~d to as "Structure', located in (county, lot, block number, street number) _ Texas, the City of (hereinafter refere()ti to as "City") and the owner of the Structure (hereinafter referred to as "Owner"), agrees to indemnify and hold harmless the Guard, their agents and their employees, from any and all costs, chazges, claims, demands, losses, damages, causes of action, suits and liabilities of any kind, including the expenses of litigation, court costs and attorneys' fees, for injuries to, or the death or illness of any person, or for damage to any property, arising out of or in connection with the demolition of the Structure and removal and disposal of resultant debris, regardless of whether such injuries, illness, death or damages are reasonably foreseeable or reasonably within the contemplation of the parties to this agreement. The City further agrees to forever release, acquit and discharge the Guazd, its agents and employees, from claims or causes of action for personal injury, illness, death or other liabilities of any kind arising out of the demolition of the Structure and removal and disposal of resultant debris. The City further agrees that during each yeaz while there is any liability by reason of this agreement, including the calendaz year ,the City Council of said City shall cgmpute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said city, with full allowances being made for tax delinquencies and costs of tax collection, which will be sufficient to raise and produce the money required to pay any sums which may be or become due during any such yeaz, in no instance to be less than two percent (2%) of such obligation, together with all interest thereon, because of the obligation herein assumed. Said rate and amount of ad valorem taxis hereby ordered to be Levied and is hereby levied against all taxable property in said City for each year while any liability exists by reason of the obligation undertaken by this agreement, and said ad valorem tax shall be assessed and collected each yeaz until all of the obligations herein incurred shall have been dischazged and all liability hereunder dischazged. Identification of Structure: Attach photograph of Structure below: Street Address City, County, State, ZIP code HOLD HARMLESS TO OPLAN OPERATION CRACKDOWN - - _ ----- The City represents that they have obtained all approvals, licenses, consents, waivers, permits and any other authorizations (including environmental assessments, statements, permits and historical clearance) required by law or otherwise, prior to the demolition of the Structure and removal and disposal of resultant debris at a landfill selected by the City and the Owner. The City and the Owner will be responsible for the accurate identification of the structure to be demolished and will arrange to have a representative from each of the local utility organvations at the site at the commencement of demolition to ensure the location and proper disconnection of the effected utilities. Actual demolition and removal of resultant debris will be accomplished by Guard personae] following the plans and directions of a City representative who will be on-site at all times during demolition. The City and the Owner aclmowledge that they: (1) had full opportunity to receive the advice of counsel; (2) received consideration for the indemnification of the Guard, their agents and employees; (3) had adequate opportunity to deliberate and consider the full consequences of this agreement; and (4) specifically promise and agree to relieve the Guard, their agents and employees, from liability for any and all losses, claims, damage, negligence, judgments or other expenses incurred in connection with the demolition of the structure and the removal and disposal of the resultant debris. The City and the Owner fully comprehend all potential rights and liabilities they are assuming in the execution of this agreement. T1re persons whose signatures appear below represent that they are authorized to sign this agreement on behalf of the person or entity indicated below their respective signature lines and have initialed each page of this agreement. OWNER CITY GUARD Name Signature Structure Owner Title Name Signature CITY Title Name Signature NATIONAL GUARD Title Address Address Address Annex A MEMORANDUM OF UNDERSTANDING BETWEEN --- -----.-- -TEX:aS-NA`fIONAL Gtt-ARD--------- AND CITY OF ,TEXAS SUBIECT: Memorandum of Understanding (MOU) between Texas National Guard and the City of ,Texas. 1. Purpose. This memorandum sets forth the responsibilities of the two organizations in connection with the operation and control elements of Task Force Crackdown. The procedures to be followed by each of these agencies are set forth in Operation Plan ,dated attached hereto and made a part hereof for all purposes. 2. Terms of Agreement. This agreement shall become effective immediately upon signature by all parties and shall continue in effect until completion of operations on or about unless terminated by any party upon notice or in writing to all other parties. Amendments or modifications to this agreement and [he attached Operation Plan maybe made upon the written agreement of all parties to the agreement. Texas National Guard Date City Official Date (Law Enforcement Agency's Letterhead) in-the-city-of--- ----The-stnieture(-s}located-at------ ---- --- -- --- ---- -- (your city), (your county), the State of Texas, described as ADD'N., BLK. LT. has been targeted for demolition. Information for this action was well-received by (list appropriate city departments, e-g., police, housing authority, code and zoning enforcement, etc.) neighborhood contacts and other sources. The above-mentioned structure is located in an area that puts children at risk. It has been determined that the above-mentioned structure is not fit for human habitation and that restoration is not feasible. The above-mentioned structure was determined to be a "Dangerous and Unhealthy Premise" (or other appropriate language) render the City Code (or other appropriate legislation). Due to structural decay and unsafe conditions the above-mentioned structure has become a center for illicit and unlawful activity, including but not limited to drug abuse. Local street gangs often use this structure as a meeting place and as a haven to escape detection from police. Note: This is an example, a guide, and is not meant to be copied verbatim. Please customize it to Cit your city's speciE"ic needs and circumstances. Use this guide to develop your own drug-nexus statement. On your own letterhead and in letter format, please include adrug-nexus statement for each site in that site's paperwork. Please include documentation to support drug nexus, e.g., record of calls to the sight due to drugs, reports of drug arrests at the site, reports of drugs seized at the site, etc. Black out the names of any citizens prior to submitting these reports. Crackdown nezus.doc EXHIBIT ~~B" State of Texas County of Nueces Covenant Not to Sue and Indemnity Agreement That IlWe, _ (Owner), as the owners of the property located at _ and further described as Lot Block _, _ Subdivision (Premises) and owner of a structure located on the Premises which is unsafe and needs to be demolished (Unsafe Structure;) in consideration of employees, officers, and agents of the City of {City) and other individuals and organization (City Agents) going on to the Premises [o demolish the Unsafe Structures on the Premises, and being of legal age and of sound mind, do hereby Covenant: (I) The Unsafe Structure on the Premises is abandoned and is a nuisance as defined by the Code of Ordinances or state law. I am unable to demolish the Unsafe Structure and hereby request the City or City Agents to demolish the Unsafe Structure for my benefit and the benefit of the citizens of The Premises and Unsafe Structure are being used for illegal activity and is io or near a geographical area targeted by City for what? (2) I have been given the opportunity to discuss this Covenant Not to Sue -and Indemnity Agreement with my attorney. I understand that I cannot sue City or City Agents for any damages to me or my Premises or Unsafe Structure due to city or City Agents demolishing the Unsafe Structure. I also understand that I must indemnify Cih~ and City Agents if a third party sues City or City Agents for damages due to City or City Agents demolishing the Unsafe Structure. (3) I have disclosed to City and City Agents the identity of any heir, mortgagee, lien holder, or any other person with an interest in the Premises or Unsafe Structure, and affirmatively state that I have authority to sign the Covenant Not to Sue and Indemnity Agreement on behalf of myself, any heir, mortgagee, lien holder, or any other person with an interest in the Premises or Unsafe Structure. (4) In consideration for: my execution of this Covenant Not [o Sue and Indemnity Agreement, my covenant not to sue City or City Agents, my covenant to indemnify City and City Agents for damages to third parties, City and/or City Agents agree to assume all costs incurred in demolishing the Unsafe Structure and properly disposing of its debris; further, the Ciry agrees not to prosecute any code violations at the Premises or Unsafe Structure once the Unsafe Structure is demolished. (5} IIWe covenant not to sue the City or City Agents for any damage that UWe or the Premises may suffer due to City or City Agents demolishing the Unsafe Structure on the Premises; and that this covenant must be binding on my heirs and assigns; and that I will not transfer any cause of action relating to the demolition of the Unsafe Structure on the Premises to a third party. (ti) UW a covenant to indemnify (pay for) Ciry and City Agent for all damages to a third party that may be imposed due to the negligent acts or omissions of City or City Agents in demolishing the Unsafe Structure on the Premises. Owner Signature Owner Signature THE STATE OF TEXAS COUNTY OF NUECES 20` personally appeared before me, whose identity I proved on the basis of , to be the signer of the above document, and he/she acknowledged [hat he/she signed iL Notary Public * DEMOLITION PURSUANT TO BUILDING STANDARD BOARD ORDER