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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)