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G-1202 - 12/14/2021 - POLICE DEPARTMENT - Ordinances THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2021-TNSF-K-9-G-1 202 AN ORDINANCE APPROVING AND AUTHORIZING THE TRANSFER OF OWNERSHIP OF K-9 BECKS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 14th day of December, 2021 ORDINANCE NUMBER 2021-TNSF-K-9-G-1202 AN ORDINANCE APPROVING AND AUTHORIZING THE TRANSFER OF OWNERSHIP OF K-9 BECKS WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village") upon approval of the corporate authorities may enter into an agreement with another party pursuant to Illinois Statute; WHEREAS, since 2006, "Becks", a German Shepherd dog, has served as a K-9 officer in the Village of Oak Brook Police Department with his partner and handler Officer Andrew Franczak; WHEREAS, Becks 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; WHEREAS, Officer Franczak has offered to take ownership of Becks and provide him with a home throughout his retirement; WHEREAS, because Becks has received extensive K-9 law enforcement training, Village staff recommends that the Village execute a transfer agreement with Officer Franczak that will release and indemnify the Village from any claims that may arise as a result of taking ownership and custody of Becks (hereinafter referred to as the "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 Becks to Officer Franczak 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 One- Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this ordinance as legislative findings. Section Two - Determination Page 2 of 5 Pursuant to the Illinois Municipal Code, 65 ILCS 5/11-76-4, the President and Board of Trustees do hereby determine that the German Shepherd canine named "Becks" is no longer necessary or useful to the Village, and the best interests of the Village would be served by transfer of custody of Becks to his partner and handler Officer Andrew Franczak. Section Three - Transfer of Canine The President and Board of Trustees do hereby authorize the transfer of Becks to Officer Franczak upon the execution of the Transfer Agreement by Officer Franczak. Section Four-Approval and Execution of Transfer Agreement The Transfer Agreement (hereinafter referred to as the "Agreement') is hereby approved in substantially the form attached to this ordinance as Exhibit A. Section Three—Authorization and Direction The Village Manager is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the agreement, substantially in the form of such agreement attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such contract. Section Four- Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five - 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. Section Six- Publication This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Seven—Conflict Clause All ordinances, parts of ordinances, resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Eight—Saving Clause Page 3of5 If any section, paragraph, clause or provision of this ordinance is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this ordinance, which are hereby declared to be separable. Section Nine—Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 14th day of December, 2021. Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf None Nays: Absent: None APPROVED THIS 14th day of December, 2021. Gopal G. Lalmalani Village President ATTEST: F 04A, Charlotte K. Pruss I NY Village Clerk CFCUU�T`t •`� Page 4 of 5