2012-175s:llegal\our documentslordinances11990-20081061interlocal agrmt-highland village teen court.doc
oxDnvaNCE No. 2012-175
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF
HIGHLAND VILLAGE, TEXAS, FOR THE CITY OF DENTON MUNICIPAL COURT TO
PROVIDE A TEEN COURT PROGRAM FOR THE CITY OF HIGHLAND VILLAGE;
PROVIDING A RATIFICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton, Texas, hereby approves an
Interlocal Agreement between the City of Denton and the City of Highland Village to provide a
Teen Court Program substantially in accordance with the Interlocal Agreement which is attached
hereto and incorporated herein by reference (the "Agreement"). The City Manager, or his
designee, is authorized to execute the Agreement on behalf of the City of Denton. The City
Manager, or his designee, is authorized to carry out the City's rights and duties under the
Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified.
SECTION 2. The City Council finds that the Agreement will benefit the City of Denton
and is in the public interest.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval:
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETAR'
BY:
APP VED A O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
6
BY: -
AGREEMENT BETWEEN THE CITY OF HIGHLAND VILLAGE
AND THE CITY OF DENTON
FOR COMBII�TING EFFORTS FOR THE PROVISION OF A TEEN COURT PROGRAM
IN MUNICIPAL COURT
This Agreement is entered into as of the Effective Date by the City of Highland Village
("Highland Village") and the City of Denton ("Denton") both entities being Texas home ru.le
municipalities located in Denton County, Texas and hereinafter referred to collectively as
"Cities" or "Parties." The Parties execute this Agreement as hereinafter provided, pursuant to
Texas Government Code, Chapter 791, known as the Interlocal Cooperation Act.
WHEREAS, Denton, through its Municipal Court, has offered to provide a Teen Court
program for Eligible Teens (as defined below) referred from time to time by the Highland Village
Municipal Court Judge; and
WHEREAS, a combined effort by the Parties would eliminate duplication, be more cost
effective, and provide Eligible Teens charged with violations in Highland Village Municipal
Court the opportunity to have those charges dismissed through successful completion of a teen
court program;
NOW, THEREFORE, for and in consideration of the promises rnade one to the other
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. The Parties execute this Agreement for the purpose of allowing Eligible Teens (as defined
below) to participate in Denton's Teen Court Program ("the Program") provided by and
administered through Denton's Municipal Court.
2. The Parties agree that beginning October 1, 2012, defendants from the Highland Village
Municipal Court who are eligible to have a misdemeanor charge dismissed upon completion of a
teen court program pursuant to Section 45.052 of the Texas Code Criminal Procedure ("Eligible
Teens") shall be allowed to participate in the Program as ordered by the Judge of the Highland
Village Municipal Court. Denton will assess, and Higliland Village agrees to pay, a$71 fee per
case referred by the Highland Village Municipal Court Judge to the Program.
3. The Parties agree that Highland Village may assess a fee, to be paid by each Eligible Teen
referred to the Program on each case referred, up to TWENTY AND NO/100 DOLLARS
($20.00) or such amount as allowed by law.
4. Denton, through its Municipal Court, agrees to deliver to the Highland Village Municipal
Court Administrator a copy of all standard statistical reports relating to the disposition of cases
referred by the Highland Village Mluucipal Court Judge to the Program.
5. Denton is authorized to assess and collect from Eligible Teens any fee authorized by State law
for allowing the Eligible Teen to participate in the Program.
PAGE 1 TEEN COURT AGREEMENT: CITIES OF DENTON AND HIGHLAND VILLAGE
(kbl:8/9/12:56838)
6. In performing their respective duties under the Agreement, each Party will comply with all
necessary Federal, State, local laws, regulations and ordinances. No fees or amounts shall be paid
by either Party hereto to the other Party.
7. The governing body of either Party, in its sole discretion, may at any time discontinue
participation in any activity initiated pursuant to the Agreement upon providing not less than
ninety (90) days written notice of withdrawal to the other participating Party. Additionally, this
Agreement may be terminated at any time by mutual written agreement of both Parties.
8. The Parties agree that if legal action is brought under this Agreement, exclusive venue shall lie
in the state courts of Denton County, Texas and its terms or provisions, as well as the right and
duties of the Parties hereunder, sha11 be governed by the laws of the State of Texas.
9. It is expressly understood that, in the execution of this Agreement, no Party waives, nor sha11
be deemed hereby to waive, any immunity or defense that would otherwise be available to it
against claims arising in the exercise of governmental powers and functions.
10. This Agreement may be amended or modified only by mutual agreement of the Parties. Such
amendment or modification must be in writing, signed by an authorized agent for the signing
Party and attached and incorporated into this Agreement.
11. The Parties acknowledge and agree that the performance of their respective governmental
functions and/or services as set forth herein will be paid from current revenues available to the
paying Party.
(signatures on following page)
PAGE 2 TEEN COURT AGREEMENT: CITIES OF DENTON AND HIGHLAND VILLAGE
(kb1:8/9/12:56838)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective upon execution and dating by each Party. This Agreement shall be effective from the
last date signed and marked on the Agreement by a participating Party ("the Effective Date").
Approved as to Lega1 form:
Anita Burgess, City Attorney
n
BY:
Approved as to form and legality:
I_: �i
Kevin B. Laughlin, City Attorney
CITY OF DENTON, TEXAS
BY: ��
George C. Campbell, City Manager
Date: � / �
CITY HIGHLAND VILLAGE, TEXAS
:
Date:
Michael Leavitt, City Manager
PAGE 3 TEEN COURT AGREEMENT: CITIES OF DENTON AND HIGHLAND VILLAGE
(kb1:8/9/12:56838)