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Home My WebLink About022882 ORD - 03/25/1997AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH NUECES COUNTY TO DENY MOTOR VEHICLE REGISTRATION WHEN THE VEHICLE OWNER HAS A MUNICIPAL COURT WARRANT. 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 Nueces County whereby Nueces County agrees to deny registration or re -registration of a motor vehicle when the owner of the motor vehicle has an outstanding Municipal Court warrant of arrest for failure to appear or failure to pay a fine on a complaint involving a violation of a traffic law. A copy of this Interlocal Agreement is attached as Attachment A to this Ordinance. 96\lo\ord 1.019 March 13, 1997 ii?2882 MICROFILMEL INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY TO ESTABLISH A PROGRAM TO DENY MOTOR VEHICLE REGISTRATION TO VEHICLE OWNERS WITH MUNICIPAL COURT WARRANTS This Interlocal Agreement, hereinafter referred to as "the Agreement", is made and entered into between Nueces County, a political subdivision of the State of Texas, hereinafter referred to as "the County" and the City of Corpus Christi, a home rule city situated in Nueces County, hereinafter referred to as "the City", pursuant to the Interlocal Cooperation Act, Texas Government Code Sections 791.001 - 791.030. WHEREAS, Texas Transportation Code Section 702.003 authorizes the County Tax Assessor -Collector , hereinafter referred to as "the County TAC", to refuse to register a vehicle if the County TAC receives information that the owner of the vehicle has an outstanding City warrant of arrest for failure to appear or failure to pay a fine on a complaint involving a violation of a traffic law, hereinafter referred to as "the Program"; and WHEREAS,the City has entered into an Interlocal Agreement with the Texas Department of Transportation , hereinafter referred to as "the Department", whereby the Department will flag the motor vehicle registration records of those owners with outstanding City warrants of arrest for failure to appear or failure to pay a fine on a complaint involving a violation of a traffic law, and the Department will not issue registration renewal notices for such vehicle owners; and WHEREAS, the County TAC has the capability to access the Texas Department of Transportation motor vehicle registration records prior to issuing a registration or renewal; and WHEREAS, the services to be provided by the County TAC and the City under this Agreement will serve the public safety and benefit the County and the City by enforcing the traffic laws of the State of Texas; LO 2300.021 March 13. 1997 1 ATTACHMENT A NOW, THEREFORE, the County and the City, in consideration of the mutual covenants and agreements herein contained, agree as follows: 1. DEFINITIONS. A. The following words and phrases when used in this Agreement will have the meanings respectively ascribed to them in the Texas Transportation Code Section 702.001: (1) Registration of a motor vehicle includes a renewal of the registration of that vehicle; (2) Traffic Law means a statute or ordinance, a violation of which is a misdemeanor punishable by a fine not to exceed the amount established by statutory legislation, that regulates, on a street, road, or highway of this state, the conduct or condition of a person while operating a motor vehicle; or the condition of a motor vehicle being operated. B. The following phrase when used in this Agreement will have the meaning ascribed to it in the Texas Code of Criminal Procedure, Article 15.01: Warrant of arrest - A written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law. 2. COUNTY RESPONSIBILITIES. A. If an individual appears at the County Motor Vehicle Registration Department and requests registration of a motor vehicle and does not present the registration renewal notice from the Texas Department of Transportation, then the County TAC will access City warrant information made available to the County TAC. If the County TAC determines that the owner of the vehicle has an outstanding warrant of arrest from the City for failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic law, then the L02300.021 March '3, 1997 2 County TAC will deny registration of the vehicle. The County TAC will make that final determination by matching the vehicle identification number or the license plate number of the vehicle to the City municipal court warrant information made available to the County TAC. The County TAC will direct the person to the City Municipal Court to resolve the warrant and will provide printed information which has been approved by the City and County. The County TAC will take no action to secure the arrest or detention of the person determined to be subject to the City Municipal Court warrant. B. The County TAC agrees to allow registration or re -registration of a motor vehicle when presented with a pre -numbered "Release" document from the City. 3. CITY RESPONSIBILITIES. A. In exchange for the services to be provided by the County TAC under this Agreement, the City agrees to provide all printed materials that are deemed necessary by the County TAC and the City for the performance of the services set forth hereunder. The materials referenced herein shall consist of the following items: (1) A handout which explains why the County TAC is denying the registration or re -registration of a motor vehicle. (2) An official pre -numbered "Release" document that is to be given to the individual upon a resolution satisfactory to the City. This document must be brought to the office of the County TAC to allow registration or re -registration of the motor vehicle owned by the individual. B. The City agrees to pay the Texas Department of Transportation for the costs of updating the motor vehicle registration records of individuals with outstanding City warrants of arrest for failure to appear or failure to pay a fine on a complaint involving a violation of a traffic law. C. So long as the County agrees to participate under the terms of this agreement, the City LO.2300.021 March Il, 1997 3 agrees to provide the hardware and software necessary to provide the County TAC access to City Municipal Court warrant information. The hardware, software, and miscellaneous equipment which will be provided by the City under the terms of this agreement, hereinafter referred to as " the Equipment", are itemized on the attached Exhibit A. The City agrees to provide maintenance for the Equipment and to replace the Equipment if necessary. The County will return the Equipment to the City within thirty (30) days of termination of this agreement. D. The City agrees to pay all costs of site preparation at the County Courthouse, including all cabling and wiring. E. The City and the County will work together to design signage to be displayed at the office of the County TAC to advertise the Program. The signage must be approved by both parties before it will be purchased or displayed. The City agrees to pay all costs of approved signage. 4. USE OF EQUIPMENT. The County TAC agrees that the Equipment provided by the City will be used by the County TAC primarily for the purpose of accessing City Municipal Court warrant information as provided under this Agreement. 5. PAYMENT FOR SERVICES. A. The City agrees to pay the County one dollar ($1.00) per initial screening occurrence whereby the County TAC, in accordance with Section 2.A of this Agreement, has determined that the owner of the vehicle has an outstanding City warrant of arrest for failure to appear or failure to pay a fine on a complaint involving a violation of a traffic law. There will be no charge to the City for services provided by the County TAC when the individual returns to the office of the County TAC with a "Release" document to register the vehicle. LO 2300.021 March 13, 1997 4 B. The County TAC will keep a daily account of the number of individuals whom it has directed back to the City Municipal Court for resolution of the City warrant of arrest. C. The County TAC will, not less than monthly, invoice the City for payment of such fees. Along with the invoice. the County TAC will provide the City with a list of the names of the individuals whom the County TAC referred back to the City for resolution of a City warrant of arrest for that month. D. Should disputes arise regarding the number of individuals whom the County TAC referred back to the City for resolution of a City warrant, the City and County TAC will work together to develop a mutually agreeable solution. 6. TERM OF AGREEMENT. This Agreement shall become effective upon the implementation date of June 16, 1997 and shall continue for one year thereafter. This Agreement shall automatically be renewed for successive one-year periods unless the City or County gives written notice of non -renewal at least thirty (30) days before the expiration of the then current term. 7. NOTICES. Any notice required or permitted to be given may be given by certified or registered United States Mail, postage prepaid, return -receipt requested, addressed to: a. For the City: Director of Municipal Courts 120 N. Chaparral Corpus Christi, Texas 78401 b. For the County: Ramiro R. Canales, RTA Nueces County Tax Assessor Collector 901 Leopard , Suite 301 Corpus Christi,Texas 78401 LO2300021 March 13. 1997 5 8. TERMINATION. This Agreement may be terminated by either the County or City upon thirty (30) days prior written notice or immediately upon mutual agreement of the parties. 9. MODIFICATIONS OR AMENDMENTS. All modifications or amendments to this Agreement must be in writing, must refer specifically to this Agreement, and must be signed by the City Manager and the authorized County representative, or their designees. An amended Agreement will be filed with the City Secretary. 10. SEVERABILITY. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Agreement is held to be invalid or unconstitutional by a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the City and County that every section, paragraph, subdivision, clause, phrase, word or provision of this Agreement be given full force and effect for its purpose. 11. HEADINGS. The headings used herein are for convenience only and are not to be construed as part of this Agreement. 12. APPROPRIATIONS. The County and the City 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 County also acknowledge that this Agreement between them is made pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with Section 791.011 (d) (3) of the Texas Government Code, the County and the City each certify that any payments each will make in accordance with the terms of this Agreement shall be LO 2300 021 March 13. 1997 6 made from current revenues available to the County or the City respectively. Agreed to by: CITY OF CORPUS CHRISTI COUNTY OF NUECES Bill Hennings, City Manager Richard Borchard, County Judge Date: Date: ATTEST: Armando Chapa, City Secretary Ramiro R. Canales, RTA Date: ATTEST: Ernest Briones, County Clerk APPROVED THIS DAY OF APPROVED THIS DAY OF , 1997 BY , 1997 BY James R. Bray, Jr. City Attorney Carl Lewis, County Attorney By: By: Name: Name: Assistant City Attorney Assistant County Attorney LO 2300 021 March 13, 1997 7 Ouantity Description 1 CompuAdd 433 DLC 8 MB RAM, 170 MB HD 1 1 1 1 LO.2300.021 March 13, 1997 EXHIBIT A EOUIPMENT CompuAdd 14" Color Monitor Tag Number 1558 1559 PerfectOffice QuattroPro Software PerfectOffice WordPerfect Software IBM 3270 Emulation Software Epson LQ 570+ 9' Standard table 3188 8 That the foregoing o the K _ Day of Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels rdinance was read for the first time and passed to its second reading on this //4-01_, , 1997, by the following vote: That the ff rerdinance was read Day of Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels �1 ` I PASSED AND APPROVED, this the c3th-/ Y Day of I Qh &h 19 Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols or the second time and passed finally on this the 46/11 , by the following vote: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols ATTEST: Armando Chapa, City Sectary 1941. MARY RHODES, YOR THE CITY OF CORPUS CHRISTI APPROVED: 1.1j DAY OF 1\71 CLtC 19 417 : JAMES R. BRAY, JR., CITY ATTORNEY By: .tha Lisa Ortiz Assistant City Attorney 022832