S-1356 - 11/27/2012 - PERSONAL PROPERTY - OrdinancesORDINANCE 2012 -PP -S -1356
AN ORDINANCE APPROVING THE TRANSFER
OF OWNERSHIP OF POLICE K -9 "BRUTUS"
WHEREAS, since 2006, "Brutus ", a Belgian Malinois dog, has served as a K -9 officer in the
Village of Oak Brook Police Department with his partner and handler Officer Danny Ramirez; and
WHEREAS, Brutus is being retired from active duty after providing valuable service to the Village
as a deterrent to criminal activity, a protector of officer safety, and a popular participant in numerous
educational and community outreach programs within the Village; and
WHEREAS, Officer Ramirez has offered to take ownership of Brutus and provide him with a
home throughout his retirement; and
WHEREAS, because Brutus has received extensive K -9 law enforcement training, Village staff
recommends that the Village execute a transfer agreement with Officer Ramirez that will release and
indemnify the Village from any claims that may arise as a result of taking ownership and custody of
Brutus ( "Transfer Agreement'); and
WHEREAS, the President and Board of Trustees have determined that it would be in the best
interests of the Village and its residents to approve the transfer of Brutus to Officer Ramirez pursuant to
the terms of the Transfer Agreement and this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Determination. Pursuant to the Illinois Municipal Code, 65 ILCS 5111 -76-4, the
President and Board of Trustees do hereby determine that the Belgian Malinois canine named "Brutus" is
no longer necessary or useful to the Village, and the best interests of the Village would be served by
transfer of custody of Brutus to his partner and handler Officer Danny Ramirez.
Section 3: Transfer of Canine. The President and Board of Trustees do hereby authorize
the transfer of Brutus to Officer Ramirez upon the execution of the Transfer Agreement by Officer
Ramirez.
Section 4. Approval and Execution of Transfer Agreement. The Transfer Agreement is
hereby approved in substantially the form attached to this Ordinance at Exhibit A, and the Village
Manager or his designee is hereby authorized to execute the Transfer Agreement upon receipt of an
executed copy of the Transfer Agreement from Officer Ramirez.
Section 5. Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 6: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 27th day of November, 2012.
PASSED THIS 27th day of November, 2012.
Ordinance 2012 - PPS -1356
Transfer of Ownership of Canine Brutus
Page 2 of 2
Gopal G. Lalmalani
Village President
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
Absent: None
ATTEST:
Charlotte K. Pruss
Village Clerk
TRANSFER OF CANINE AGREEMENT
The undersigned, in consideration of the transfer of ownership and possession of the Belgian
Malinois canine named 'Brutus" ( "Canine ") on A&1U1, Pr 2012, does hereby agree to
the following terms and conditions:
I understand and acknowledge that the Canine has been trained in aggressive law
enforcement tactics and techniques.
2. I agree to pay the cost for any and all expenses associated with the transfer of ownership
of the Canine from the Village of Oak Brook ( "village ") to me, except that I acknowledge and understand
that the Village will provide veterinary care for the Canine for the 90 day period from September 1, 2012
through December 1, 2012, after which period I will be solely responsible for the cost of all veterinary
care for the Canine.
3. I agree to, and do hereby assume full risk and responsibility for any injuries, including
death and all costs, damages, and losses that I or any other person or entity may sustain as a result of my
acceptance, ownership, or possession of the Canine.
4. I agree to, and do hereby waive, release and relinquish all claims of every kind, known
and unknown, present or future, that I may have against the Village and its officers, agents, servants,
attorneys, and employees, arising out of, connected with, or in any way related to, my acceptance,
possession, or ownership of the Canine.
5. I agree to, and do hereby indemnify, hold harmless, and defend the Village and its
officers, agents, servants, attorneys, and employees from and against any and all claims of every kind,
known and unknown, present and future, that any person or entity may have arising out of, connected
with, or in any way related to, my acceptance, possession, or ownership of the Canine.
P-1W-Q--3 IN WITNESS WHEREOF, this a eement is executed on this
- day o 2012
OFFICIAL SEAL
CHARLOTTE K PRUSS
NOTARY PUBLIC - STATE OF LL4Y'"
MY COMapSSgN E7rIRES.i»ms
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