Loading...
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