SUBSTITUTE ORDINANCE
WHEREAS, by virtue of Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois, the City of Chicago (the "City") is a home rule unit of local government and as such may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City is committed to the proper and ethical treatment of animals in the City; and
WHEREAS, the City's Commission on Animal Care and Control (the "Commission"), in its efforts to care for animals housed at its facility at 2741 South Western Avenue (the "Facility") and improve the likelihood the animals will be adopted, is committed to taking advantage of cost-effective initiatives to improve conditions at the Facility; and
WHEREAS, one such cost-effective initiative is a donated puppy playground, in which dogs housed at the Facility will be able to run and play freely and have exercise that is necessary for their good health;
WHEREAS, fit/and healthy dogs have a better chance of being selected for adoption;
and
WHEREAS, Safe Humane Chicago, an Illinois not-for-profit corporation (the "Donor"), has offered to donate to the City the work and materials necessary to build such a puppy playground (the "Playground") at the Facility (the "Donation"); and
WHEREAS, the Commission desires to accept the Donation on behalf ofthe City and seeks authorization to enter into a Donation Agreement with the Donor; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are incorporated herein and made a part hereof.
SECTION 2. The Executive Director of the Commission (the "Executive Director") or a designee of the Executive Director is each hereby authorized, with the approval of the City's Corporation Counsel as to form and legality, to negotiate, execute and deliver a Donation Agreement, and such other supporting documents as may be necessary to carry out and comply with the provisions of the Donation Agreement.
SECTION 3. For purposes of undertaking construction of the Playground, the Commissioner (the "Commissioner") of the Department of General Services or a designee of the Commissioner is each hereby authorized to enter into a Right of Entry agreement with the Donor for a term not to exceed 12 months.
SECTION 4. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 5. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause or provision of
1
this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.
SECTION 6. This ordinance shall be in full force and effect immediately upon its passage and approval.
2
CHICAGO, July 28,2011
To the President and Members of the City Council:
Your Committee on the Budget and Government Operations, having had under consideration an Ordinance authorizing the acceptance of a donation and the execution of an agreement with Safe Humane Chicago, an Illinois not for profit Corporation, necessary for the installation of a play ground for animals at the Commission on Animal Care and Control facility, and having been presented with a proposed Substitute Ordinance by the Department of Law; and having had the same under advisement, begs leave to report and recommend that Your Honorable Body pass the Substitute Ordinance transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of the Committee,
(Signed)
Carrie M. A\ Chairman
OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
July 6, 2011
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Executive Director of Animal Care and Control, I transmit herewith an ordinance authorizing the acceptance of a grant and associated contract authority for an outdoor exercise structure.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
Mayor