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HomeMy WebLinkAbout022833 ORD - 01/28/1997AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO FLAG MOTOR VEHICLE REGISTRATION RECORDS OF OWNERS WITH MUNICIPAL COURT WARRANTS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is hereby authorized to execute an Interlocal Agreement between the City of Corpus Christi and the Texas Department of Transportation whereby the Texas Department of Transportation will flag the motor vehicle registration records of those owners with outstanding Municipal Court warrants for failure to appear or failure to pay a fine on a complaint involving a violation of a traffic law. The Agreement is attached as Exhibit A to this Ordinance. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that t ordinance i passed and shall take effect upon first reading as an emergency measure this the day of '0(7114 1997. ATTEST: THE CITY OF CORPUS CHRISTI ando Chapa, City Secretary MAYOR MA Approved this the o2-4 day of 1997. James R. Bray, Jr., City Attorney By: ,V l :3 Lisa Ortiz, Assistant City Attorney 96\IoAordl 017 January 24, 1097 022833 ODES telaWLMED INTERLOCAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND TEXAS DEPARTMENT OF TRANSPORTATION TO FLAG MOTOR VEHICLE REGISTRATION RECORDS THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement", is made by and between the State of Texas acting by and through the Texas Department of Transportation, hereinafter called "the State" and the City of Corpus Christi, Texas, a home rule city hereinafter called "the City". WITNESSETH WHEREAS, Texas Transportation Code Section 702.003 grants political subdivisions the authority to contract with Texas Department of Transportation to assist in the enforcement of outstanding warrants of arrest for the failure to appear or pay a fine on a complaint involving certain traffic offenses and to aid such enforcement, provides procedures for refusal, Sand reinstatement of motor vehicle registration privileges; and WHEREAS, a political subdivision may enter into contractual obligations with the Texas Department of Transportation to provide the State with necessary information to deny motor vehicle registration or reregistration to persons for whom a warrant of arrest is outstanding for failure to appear or pay a fine on a complaint involving a violation of a traffic law; hereinafter called "the Program"; and WHEREAS, the City has requested the State's participation in the Program. NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, the State and the City do mutually agree as follows: Article 1. Contract Period This contract shall become effective on the date of final execution and shall terminate one complete year from effective date, unless otherwise modified as hereinafter provided. H:\L02300\025.vr January 20, 1997 Ext-t►B lr A 1/x/97 Article 2. Compensation The City agrees to pay the State the amount of $.12 (twelve cents) for each transaction (probe, flag, clear), payment to be tendered at the time the request is made. The City shall make payment to the State based on the number of transactions, in the form of a check or warrant made payable to the "Texas Department of Transportation". The City shall mail its payment to the following address: Texas Department of Transportation Vehicle Titles and Registration Division P.O. Box 5020 Austin, Texas 78763-5020 Article 3. Scope of Services A. Services of the City - The City shall furnish services as set forth in Attachment A, "Services of the City", attached hereto and made a part of this agreement. B. Services of the State - The State shall furnish services as set forth in Attachment B, "Services of the State", attached hereto and made a part of this agreement. Article 4. Termination This agreement may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties. B. By either party upon thirty (30) days written notice to the other party. C. By either party upon the failure of the other party to fulfill its obligations as set forth in this agreement. Article 5. Definitions. A. Political subdivision - A home -rule city with a population of not less than 150,000, according to the most recent federal census, and with a council-manager form of government. H:\L02300\025.vr January 20. 1997 2 B. Traffic Law - A statute or ordinance, a violation of which is a misdemeanor punishable by a fine in an amount that may not exceed $200, that regulates a driver's conduct or condition while operating a motor vehicle, or the condition of a motor vehicle while it is being operated, on a street, road, or highway in the State of Texas. Article 6. Amendments Changes in the time frame, character, rates, cost, or scope of services authorized herein shall be enacted by written amendment before additional work may be performed or additional costs incurred. Any amendment to this agreement may be executed within the contract period specified in Article 1 by the City Manager (or his designee) and an authorized representative of the State. Article 7. Gratuities The Texas Department of Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this agreement. The exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Texas Department of Transportation Executive Director. Any person doing business with or who may reasonably speaking do business with the State under this agreement may not make any offer of benefits, gifts or favors to departmental employees, except as mentioned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this agreement. Article 8. Successors and Assigns The State and the City do hereby bind themselves, their successors and assigns to the other party to this agreement and to the successors and assigns of such other party in respect to all covenants of this agreement. The City shall not assign, sublet or transfer its interests in this agreement without the prior written consent of the State. Article 9. Disputes Should disputes arise under this contract, the State's decision shall be final and binding. H:\L02300\025.vr January 20. 1997 3 Article 10. Notices All notices from either party to the other required under this agreement shall be personally delivered or mailed to such party at the following address: For the State: Texas Department of Transportation Vehicle Titles and Registration Division P. 0. Box 12098 Austin, Texas 78779-0001 Attention: Production Data Control Section For the City: City of Corpus Christi Attn: Barbara Sudhoff, Director of Municipal Courts 120 N. Chaparral Corpus Christi, Texas 78401 Article 11. Prior Agreements Superseded This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the within subject matter. Article 12. Duplicate Agreements. The parties to this agreement have signed duplicate counterparts. Article 13. Appropriation of Funds The City and the State agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. The City and the State acknowledge that this agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with Section 791.011(d)(3) of the Texas Government Code, the City and the State acknowledge that any payments made in accordance with the terms of this agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. H:\L02300\025.vr January20, 1997 4 AGREED TO BY: CITY OF CORPUS CHRISTI BY: Name: Bill Hennings Title: City Manager Date: ATTEST: Armando Chapa, City Secretary Approved as to legal form this 24 day ofr,,,A,4,w\.ti , igen James R. Bray, Jr., City Attorney Q By: `%.may[ Lisa Ortiz, Assistant City Attorney Date: 1/207 THE STATE OF TEXAS Executed for the Executive Director, Texas Department of Transportation and approved by the Texas StANO ALONE MANUAL Transportation Commission under the authority of Minute Order 100002 and At i�tlat:.c Non 96-b Cireetlar-1-5-93, for the purpose and effect of activating and/or carrying out the orders, established policies work programs heretofore approved and authorized by the Texas Transportation Commission. By: Name: Title: Date: 111'31 q% AVI c,.1ar4Wv H:\L02300\025.vr January 20. 1997 Jethtt, -rtmes 4 Reels. puitsroil 5 ATTACHMENT A "Services of the City" In compliance with Article 3(A), the City shall perform the following services: Provide magnetic tapes for computer runs for initial probes (searches), flagging of vehicle records and removal of flags. Each run will require 2 tapes or sets of tapes -- "Input" tapes and "output" tapes. Input tapes will be labeled externally with the type run to be made and the number of logical records on the tape. Output tapes will be labeled externally with the type run to be made. Tapes will be formatted according to Texas Department of Transportation specifications. H'VL02300A025.vr January 20, 1997 6 ATTACHMENT B "Services of the State" In accordance with Article 3(B), the State shall perform the following services: Upon receiving magnetic tapes from the City, the State will make computer runs against Texas Motor Vehicle Files to accomplish the following: 1. For initial probes (searches), vehicle records matching license numbers on each runs input tape will be written on the runs output tape together with the input data. If no vehicle record is found, such fact will be indicated on the output tape together with the input data. Input tapes and output tapes will be returned to the City after completion of the computer run. 2. Vehicle records will be flagged from the data contained on flag nm input tapes except for those records indicating a change of ownership since the initial probe run. Output tapes will contain the data as in #1 above and indicator identifying those records with ownership changes. Tapes will be returned as in #1. No registration renewal notices will be printed for "Flagged" vehicles. Remarks indicating that there are outstanding traffic warrants in the contracting city will be displayed on inquiry devices as part of the vehicle records when "an inquiry" is made on a "flagged" record. 3. Flags will be removed from vehicle records identified on "Flag Removal" input tapes; otherwise, tapes will be processed as in #1 above. H:\L02300\025.vr January 20. 1997 7 Corpus��p�Christi, Texas _ACL Day of CD W ,19 97 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David A. McNichols 022833