HomeMy WebLinkAboutResolutions - R-19-012 - 05/20/2019 - Transfer of Canine Officer DukeR-19-012
A Resolution Approving a Transfer of
Ownership of Canine Officer Duke, City of McHenry
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of
this Resolution constitutes an exercise of the City's home rule powers and functions as granted in the
Constitution of the State of Illinois;
WHEREAS, K-9 Duke has been recommended for retirement by the City of McHenry Police
Department;
WHEREAS, due to specialized training given to police canines and their handlers it would be
unsafe and inappropriate to offer the canine for adoption to the general public;
WHEREAS, the City of McHenry Police Department recommends the transfer of retired K-9 Duke
to his current handler to live out the remainder of his days in familiar surroundings;
WHEREAS, the City of McHenry Police Department has requested that K-9 Duke be declared
surplus property and be transferred to his current handler, Police Officer Lawrence L. Popp, subject to a
Waiver of Liability and Hold Harmless Agreement; and
Now Therefore, be it Resolved by the City Council of the City of McHenry, Illinois, as follows:
Section 1: Council hereby gratefully accepts the retirement of K-9 Duke, technically declares the
canine as surplus property, and authorizes his transfer to his current handler, Police Officer Lawrence L.
Popp, individually, subject to full execution of the Bill of Sale, Waiver of Liability and Hold Harmless
Agreement, attached hereto as Exhibit A.
Section 2: The Mayor is hereby authorized to sign Exhibit A.
Section 3 : This Resolution shall take full force and effect upon its passage and approval as provided
by law.
Section 4: All resolutions and parts of resolutions in conflict with this Resolution be and the same
are hereby superseded, that this Resolution be in full force and effect forthwith upon its adoption and that
this Resolution shall be deemed to be subject to modification in application to comply with the general
election law.
PASSED AND APPROVED this 20th day of May 2019.
Alderwoman Baehne
Alderman Devine
Alderman Glab
Alderman Mihevc
Alderwoman Miller
Alderman Santi
Alderman Schaefer
Passed and approved this 20" day May, 2019.
Mayor / /,, U. e. - /, A (//
Absent Abstain
Deputy Clerk Jsw,�
Canine Retirement, Page 1
"Exhibit All
Bill of Sale, Release, and Hold Harmless Agreement
This Agreement entered into this 20 A day of May, 2019 by and between the City of McHenry
("City"), an Illinois Municipal Corporation, and Lawrence L. Popp, individually, and not in his official
capacity of McHenry police officer ("Officer Popp").
WHEREAS, the City is currently the owner of a canine police agent named "Duke";
WHEREAS, for various reasons, Duke is no longer able to serve effectively on behalf of the
City's Police Department and should the City retain ownership of Duke, he will have to be destroyed; and
WHEREAS, the Police Department's general order number 41.4, provides that when a
police canine is retired from active duty and the last handler wishes to keep the canine at the
handler's own expense, the City may transfer ownership of the canine to that handler.
Now, therefore, for good and valuable consideration, the adequacy and sufficiency of which is of
is mutually acknowledged as received by the parties hereto, the following is agreed to:.
1. The City hereby sells and transfers all right, title and interest of Duke to Officer Popp,
individually and he agrees not to sell or give away Duke and Officer Popp shall notify the City of the death
of Duke.
2. Officer Popp agrees to individually accept Duke. Due to the potential expense to the City
to have Duke destroyed, which the parties agree is the only other alternative to the entry into this Agreement,
and due to the desire of the City to allow Duke to retire from police work and live a comfortable life, Officer
Popp owes consideration for Duke.
3. Officer Popp hereby agrees to indemnify and hold harmless the City, its officers, elected
and otherwise, employees and agents, for any costs of healthcare, daily care, lodging, actions, inactions and
incidents, dog bites or otherwise involving Duke resulting in damages, injuries or death to anyone
subsequent to the full execution of this Agreement. This paragraph is not intended to indemnify the City
against liability for any activities of Duke prior to said transfer date.
4. Officer Popp agrees that Duke will have no affiliation with the City, the City's Police
Department, its officers, agents, employs, and assigns, and further that Officer Popp will refrain from
alleging, encouraging, or purposefully allowing any such connection to be formed or perceived.
5. Officer Popp recognizes the unique abilities, temperament, and training of Duke, and
Officer Popp hereby agrees to take all necessary steps to protect Duke, the general public, and any
individuals coming into contact with Duke from these unique characteristics.
6. The effective date of this Agreement shall be the date upon which it is signed by the
undersigned. The terms hereof shall be binding upon the heirs, successors and assigns to all parties hereto.
//.*/, k� I
S �e 19
Mayor &Aq&K Date
Lawrence L. Popp, individually Date