HomeMy WebLinkAbout16318 ORD - 06/10/1981AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
THE STATE OF TEXAS, THROUGH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION AND THE DEPARTMENT'
OF PUBLIC SAFETY UNDER WHICH THE STATE WILL PROVIDE THE
CITY AN INTOXILYZER (BREATHALIYZER); AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized to //--
execute
execute a contract with the State of Texas, through the State Department of
Highways and Public Transportation and the Department of Public Safety, under
which the State will provide the City an intoxilyzer (breathaliyzer), all as
more fully set forth in the contract a substantial copy of which is attached
hereto and made a part hereof, marked Exhibit "A".
SECTION 2. The necessity to execute the aforesaid contract at the
earliest practicable date to implement placement thereof creates a public
necessity requiring the suspension of the Charter rule that no ordinance or
resolution shall be passed finally on the date of its introduction but that
such ordinance or resolution shall be read at three several meetings of the
City Council, and the Mayor or Council members, having declared that such
necessity exists, having requested the suspension of the Charter rule and that
this ordinance be passed finally on the date of its introduction and take
effect and be in full force and effect from and after its passage, IT IS
ACCORDINGLY SO ORDAINED, this the /Q day of June, 1981.
ATTEST:
•
Ci ecretary
APPROVED: /0 DAY OF JUNE, 1981
J. BRUCE AYCOCK, CITY ATTORNEY
•
By
Assistant Cit ' torney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
16318
SEP 211984
4aiit;I FILa Lei
AGREEMENT
' THE STATE OF TEXAS
COUNTY OF TRAVIS
This AGREEMENT between the State of Texas, acting through its
Departments of Highways and Public Transportation (DHPT) and of
Public Safety (DPS), and the City of Corpus Christi, hereinafter
cited as the Local Agency (LA), acting through its authorized
officers, witnesseth:
II. The DHPT is charged with coordinating and cooperating with other
departments of the State and with political subdivisions of the
State in a statewide traffic safety program, including expen—
diture of traffic safety funds for property to be used in
program activities. The DPS is charged with the administration
of a statewide breath testing program involving all law enfor—
cement agencies in the state. The LA, as part of its respon—
sibility for protecting the safety and welfare of its citizens,
is responsible for enforcing laws and ordinances concerning
operation of a motor vehicle by a driver whose faculties or abi—
lities are or may be impaired by alcohol.
To accomplish these purposes, these three entities agree to
cooperate in a program in which breath testing devices belonging
to the State of Texas and maintained on the inventory of DHPT
will be placed in the possession of the LA for its use in a
program coordinated by and conducted in accordance with the
rules and regulations of DPS, including the Texas Chemical
Breath Test Regulations (TCBTR).
The LA acknowledges that it has requested the benefits of this
program as a part of its local highway safety program and in
furtherance of its governmental responsibilities, and therefore
consents to participate in this program and accepts possession
of these devices.
III. The parties further agree as follows:
A. The DHPT agrees to furnish instruments and security cabinets
to the DPS for distribution to the LA. It is specifically
agreed between the parties that the DHPT is to retain title
to the instruments and security cabinets and to retain them
on its inventory of accountable assets. DPS is not to be
held responsible or accountable for instruments or security
cabinets.
B. The LA agrees to:
1. Take possession from DPS of the breath test instruments
and allied equipment listed on Attachment A, under—
standing that these instruments and allied equipment are
and remain the property of the State of Texas and are
accountable on the inventory of DHPT.
2. Deliver to DPS all existing breath test instruments
currently in its possession to be used as a trade—in on
the purchase of the new instruments.
3. Control, protect, and preserve the newly received
instruments and allied equipment, exercising with regard
to such property such care as would be exercised by a
reasonably careful owner.
4. Maintain the instruments in good condition and effective
working order, with the technical assistance of DPS as
set forth in C-3, below.
1
5. Replace the instruments and equipment received in the
event of loss, theft, accident, or circumstances other
than normal wear, so long as the equipment is necessary
for the operation of the local breath testing program.
6. Cooperate with DPS in its meeting its responsibilities
for administration of the breath testing program by:
a. maintaining and operating the instruments in accor—
dance with the TCBTR and directives from the Office
of the Scientific Director of DPS;
b. permitting DPS to monitor local testing programs to
insure testing integrity and compliance with breath
testing regulations;
c. permitting DPS, through certified local technical
supervisors, to calibrate and perform technical
maintenance on, and to certify the instruments in
accordance with the TCBTR.
7. Cooperate with DHPT in its maintaining accurate inven—
tory records concerning the instruments, particularly by
making the instruments available to DHPT (acting through
certified technical supervisors) for inventory at rea—
sonable times and upon reasonable notice.
8. Send their certified operators to schools certified by
the Office of the Scientific Director of DPS for addi—
tional training on the new instruments. The funding of
the additional training will be the responsibility of
the LA.
C. The DPS, through the Office of the Scientific 'Director,
agrees to:
1. Deliver to the LA breath test instruments and allied
equipment listed on Attachment A.
2. Receive from the LA all existing breath test instruments
that the LA possesses and deliver the old instruments to
the new instrument manufacturer as a trade—in as part of
the purchase price of the new instruments.
3. Provide technical assistance and guidance as necessary
through certified technical supervisors to the LA to
enable that LA to maintain the instruments in good con—
dition and effective working order. This assistance
shall include, as a minimum:
a. Providing the LA with a copy of the TCBTR.
b. Making available to the LA instrument operators and
technical supervisors the opportunity to receive
training in "the operation and maintenance of the
instruments through schools that are certified by
DPS.
c. Having certified technical supervisors calibrate,
perform all technical maintenance on, and certify
the instruments in the LA in accordance with the
provisions stated in the TCBTR.
4. Monitor the LA testing progrma to insure testing
integrity and compliance with breath testing regula—
tions.
2
5. Acting on behalf of DHPT, physically inventory at least
once annually the instruments and equipment placed with
the LA. The inventory will verify the presence of the
user identification number of the instrument, the
instrument description, including manufacturer's serial
number, and the instrument location. A certification of
the performance of this inventory will be submitted to
DHPT, File D-18TS.
6. Remove and relocate any instrument not being used or
maintained so as to insure an effective breath testing
program.
IV. This agreement pertains only to physical possession and main-
tenance of the breath testing equipment shown on Attachment A
and not to the agreement between DPS and the LA under which that
LA participates in a certified chemical breath test program.
V. No modification to any instrument shall be made without prior
written approval from the Office of the Scientific Director of
the DPS; modification of any instrument without prior written
approval shall be grounds for removal of such instrument pro-
vided under this agreement.
VI. This agreement shall terminate upon the end of the useful life
of the equipment (including replacement equipment provided pur-
suant to Article III -B-5) or upon termination of the local
breath test program, whichever occurs first.
THE CITY OF CORPUS CHRISTI
APPROVED:
R. Marvin Townsend, City Manager
Date:
ATTEST:
City Secretary
APPROVED AS TO FORM:
Title: Assistant City Attorney •
APPROVED:
Department Head
4
THE STATE OF TEXAS
Certified as being executed
to carry out the orders,
policies, or approved and
authorized work programs of
the DPS:
Director,
Department of Public Safety
Date:
Certified as being executed
for the purpose and effect of
activating and/or carrying
out the orders, established
policies, or work programs
heretofore approved and
authorized by the State
Highway and Public
Transportation Commission:
Assistant Engineer -Director SDHPT
Executed and approved for the
SDHPT under authority of
Minute Order 77446
Date:
RECOMMENDED FOR EXECUTION:
Chief Engineer
Safety & Maintenance
Operations Division
Director, Finance Division
RECEIPT FOR TRAFFIC SAFETY SECTION ASSETS
RECEIPT NO.
On behalf of The City of Corpus I'.hri sti Recipient, I hereby certify that the below -listed articles
have been received in serviceable condition:
ATTACHMENT A
12
D-1 BTS
TRANSACTION
NUMBER
RECIPIENT
IDENT.
NUMBER
a
DESCRIPTION
4
MFGR'S
SERIAL NUMBER
5
ACQUISITION-
DATE
6
USEFUL•
LIFE
END DATE
7
ACQUISITION
COST
6
LOCATION
Intoxilyzer 4011 AS -A
Cabinet for Intoxilyzer
' -
•
I agree that these articles will be properly maintained in serviceable condition while they are in Recipient's possession until the end of their useful life
as indicated in Column 6 above. I further agree that during this period, these articles will be used only within the State of Texas, and only in traffic
safety-related tasks. If any of these articles is removed from use In traffic safety-related tasks before the end of its useful life, an amount equal to its
fair market value at the time of removal will be applied to the purchase of equivalent equipment to be used in traffic safety-related projects until the
date cited in Column 6 above. If an article is lost, stolen, or rendered inoperable, any proceeds from insurance, sale or other disposal of the item shall
be applied as above. I further agree that Recipient will maintain full and accurate records describing the current location and use, and the ultimate
disposition of each article listed. These records shall be available to the Texas Department of Highways and Public Transportation, or its represen-
tatives. at any reasonable time, and shall be maintained until at least 2 years after the end of the useful life of each item.
'SIGNATURE OF PERSON AUTHORIZED TO COMMIT RECIPIENT
TITLE
DATE
THE RIGHT TO USE THE ABOVE LISTED ARTICLES IS TENDERED TO
_The_City_of_Corpos_acirlbject to the above stated terms
and.conditidns
SIGNATURE OF PERSON AUTHORIZED TO COMMIT DATE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
Traffic Safety Section
ACCOUNTABLE ASSETS LOG
ATTACHMENT B
The following Accountable assets have been transferred from
The City of Corpus Christi to Tss In accordance with Federal/State regulations:
TRANSACTION
D-18 Project
Number
DESCRIPTION
MANUFACTURERS
SERIAL NO.
Recipient's Assigned
Identification Number
DISPOSITION
Received by Date.
Representative of State Department of Hwys
.....1 Il..hl:.. T.. +...•
. .....
Corpus Christi, Tp;cas
/0 day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is introduced, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, therefore, request that you suspend
said Charter rule or requirement and pass this ordinance finally on the date
it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
The City of Corpus Christi, Texas
The Charter rule was suspended by the following vote:
I,
I
I.
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
passed by
the
following vote:
1.631-8