2013-004s:Uegal\our documentslordinances\1313-ord interlocal agreement scofflaw dmv.docx
ORDINANCE NO. 2013-004
CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN
1NTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES
(TXDMV), TO PROVIDE FOR PARTICIPATION 1N THE SCOFFLAW PROGRAM;
PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council approved Ordinance 2012-243, allowing for the City to
enter into a Scofflaw agreement through the Texas Department of Motor Vehicles for red light
camera violations; and
WHEREAS, the City Council wishes to include unpaid municipal fines as applicable to
the Scofflaw agreement; and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Manager is hereby authorized to carry out the rights and duties of
the City under the Interlocal Agreement, which is attached hereto and made a part hereof.
SECTION 3. That if any section, subsections, paragraph, sentence, clause, phrase, or
word in this ordinance, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding sha11 not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such validity.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 'U�iL day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �.---.
s:llega]\our documents\ordinances11313-ord interlocal agreement scofflaw dmv.docx
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: i � . �
' i _
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STATE OF'fEXAS
COUNTY OF'TRAVIS
§ �
§
IN'f�RI,OCAL AGR�EM�NT
THIS CONT'�iACT (s entered into by the Contracting Parties under Government Code, Chapter 797.
I. CONTRACTiNG PARTIES: �
The Texas Department of Motnr Vehicfes
City of Denton
(3xDM1n
(Local G6vernment) �
fl. PURPOSE: SCOfflaw Services cont�act for marking Texas Moior Vehicte Regis#ration Reaords.
�
lil: STATEMEN'T OF SERVICES TO B� P�RFORM�D: TxDMV will undertake and carry out services described
in Attachment A, Scope of Services, �
iV. CONTRAGT PAYM�NT: Contract papment shall confarm to th� pravisions of Attachment B, Budget.
V, TERM OF CONTRACT; This contract begins when fully executed by both parties and termiriates five years
from the date this contract is exec�ried by t�e state, or when othen�vise terminated as provided in Attachment C,
Ariicle 5 of this Agreement. .
VI. �EGAL AUTHORITY: •
1"HE PARiIES certify that tt�e services pravided under this contract are services that are properly wlthin ihe
legal authority of the Contracting Pa�fies.
TxDMV further ce�tlfies that it has #he authority fo pertorm the services. by authority granted in Section 702.p03
and in Sectlon 707.097 of the Texas Transportation Code. �
The governing body, by resolu#ion or ordinance, � dated 9/ 18 / I 2 _ , has authoriied fhe � Lflcaf
Government #o obtain the services described in AtEachment A. �
Th►s confract incorporates the provisions of Att�chment A, Scope of Servtces, Attaahment �, Budget,
Attachment C, General "Cerms and Gondiiions, Attachment D, Resalutian ar �rdinance; Attachm�nt E,
Contact Informaiion, �and Attachment F, Account tnforrr�ation. �
: . City of Denton� � (Name of Locai Governmeni)
Bv � A��'! �� � v' aate l �°� !
AUTNORIZED IG AT RE
� George Campbel].
' NPED OR PRINTED NAME AND TlTL� . .
Tifle City Manager
FOR THE STATE OF TEXAS . ��
. ,. Executed for the �xecutive Director and approved by the 7exas Department of Motor Vehicles Board for the
- purpose and effect of activafing a�dlor carrying vut the orders, established policfes or work programs heretofore
. ap�roved d aut� � Ized by h Texa Department of Motor Vehicles•Board. �
� BY ` Date �� f Z � /� . .
andy E o . �. .
� Di�ect ehicie Titles and Regisfratiott Division �' � .
.� Texas epartmen# of Motor Vehicles �. ,
City Scofflaw
Pege 1 of 7
�
Revised 08/95/2011
ATTACHMENT A
Scope af Servlces
TxDMV wil1: � �
1. On initiaE probes (inquiries) of data submissions received from the lacal government, generate
an output file cantaining matching license plates. If no vehicl� record is found,. such facEuat �
information wili be indicated on the output file together with the input data. Input ar�d output fiies �
wil! be returned to the Local Government after completion af the computer run. �
• Place Hffags" on vehfcle records bas�d on data submissions received from Local Government
aontaining "flag" request codesa :
2. Remove "flags" from vehicle recards �based on data submissions received� from L.ocai
-Governmani containing "clear' request codes.
Local Government shalf; . ,
1. Provide data submissions to TxdMV in accordance wifh TxQMV specifications �or computer run
of�initiaf prabes (inquiry}, �lags (maricing) af v�hicle records and ciears (rembval) of flags. Due to . �.
changing technology, thesa specifications will be distributed by TxDMV to the local gavernments
. an September 1St of every year. � . , �
2. Submit an application to esiabfish the method of payment (see Af�achment F}, and estabfish an �
acaount prior io submitting inquiries. '
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City Scofflaw Page 2 oi 7 � ' ' Revised 08/95/20'f 9 �
ATTACHMEN7 B
Sudget
Fees fur fiie submission and transactions shall be submitted to TxDMV in acaordance with 43 TAC
Chapter��t7•:� � � . . . .
Paymenfs shaif be submitted to the following address:
Texas Department of Motor Ve�icles
Administrative Services �Division
PO Box 5020 � �
Austin, TX 787�3-50�0 •
A. If the Locat Govemment chooses to estab(ish a"Pay On Demand" account, the app#icable payment
of fees inust be made each time a request ta probe {search/inquiry}, place or remove "flags° from
motor vehicle records is submit#ed to� TxDMV, An account wil( he �opened to h�td the $500.00 (ar
greater) iniiiai deposit. - � � '
Bs As an altemative, if the Local Government chooses to esfablish a non-interes# bearing escrow
"Prepaid Accoun�' with TxDMV, •upon •agreement between #he Local Goverr�menf, TxDMV• and
payr�e�t of appliaable fees, as described below, TxQMV will esfablish an account in ihe name of
the Local Gnvernment. Charges shall be deducted from the escrow account until the balance of
that accaun# reaches, ihe minimum required batance for #he Local Government, as determined by
TzDMV an,�t provided herein. • .
A deposit of.at �least $5p0.00 �hall be malntained in a pon=interest bearing escrow account.
This, initial. deposit is..ta. couec estimated�se�vica wse. The esctow• aecaunt shaU be �stablished with
TxDMV prior to submissian of prabes (inquiries), or placing or.r.emavPrtg °flags° from moior v�hicie
records for the Local Government. Payment of the depasit shaA be made� by check ar w�rrant,
payable ta the °%xas Department af Motor Vehicles° and is due upon eicecution of this contract.
The $50"O.Oq minimum balance, to be maintained in #he escrow account, may increase depending
an estab(ished monthly usage by the Local Government. This addifional funding Is payable wifhin
fifteen (95) days from receipt of notification from TxDMV.
An escrow account balance statement will be provfded by TxDMV each time a probe or a request to
place or remove "f�ags" from motor�vehicle records is submifted. ��. ' � ..
, I� fhe balance in the nan-interest bearing �escrow account falls below the $500.0� minimum balance,
� TxDMV may suspend� processing probes, or placing or removing "fiags" from moto�r vehicfe records
� � for the Loca! Gover.nment� until�-such �irne� as� a deposit is� r�ad�� b�� �h�� t�:4cal Government, in an
; amount sufficient to increase the batance in the �scrow account #o the $500.00 minimum bafance.
,
� ���t:.,�cd,���1���.-� ���1 Sf . °fa1 r3��7 01,�. , . . . .
Clty Scofflew � � Page 3 of 7 �Revlsed 08/15/�011
. ATTACHMENT C
General Terms and Condltians
Article 1a Amendments � . . '
This contract may only be amended by writfen agrement executed by boih parties before fhe contract
is termir�ated. � •
Article 2. Conflicts Between Agreements ,
Ef the ferms of ihis contract confiict with the terms of any other contract between the parti�s; the mosf
recen# contract sha11 prevail. ,
Articla 3, Dlsputes � �
TxDMV will be responsibie #or the setElement of ai1 contracrual and administrative issues.
Article 4. Uwnership of Ec�uipmen# � �
Except to the extent that a specific provisidn of this contract states te #he contrary, all equipment
purchased by TxDMV under this contract will be owned by TxDMV.
Articie �s. Terminatian • �
This confraot may be terminated by mutuai written agreement, ar 30 days after, either party gives notice
to the other pariy, whichever occurs frrst.
Article 6. Gratu{ties � � � •
Any�person who is doing �usiness wifh or who reasonably speaking may do business with TxDMV
under this contract may not make any offer of benefits, gifts, or favors to empioyees of TxDMV.
Articie.7. Responsibillties of the Par�ies •
Each parfy acl�now{edg�� that it is not arr agent;� servant; orempEaye+� af�the otf��r party. Each party is
responsibfe fo� its own acts and deeds and fnr�those of tts agents;'se�vants� or empfoyees,
Article 8. Compliance wlth Laws
The par#ies shall comply with ail federaf; state, and io�ai laws_, statutes, ordinances, rules, and
regulations and with the orders and decrees of any courts or administraiive badies or tribunals in any
manner affecting the pertormance of this agreement. � �
ArEicle 9. Signatory Warranty �
Each signatory warrants fhat the signatory has necessary authority to execute this agreement on
behalf of the en#ity represented. . �
City Scofflaw Page 4 of 7 , Revlsed 08/15I2Q19
A7TACHMENT D
� �tesotutlon or Ordinance . �
Ot1 the 18 day of. Septe�ber , 20 12 , the � Denton CitylTown
Council passed Resolution'No. __ ,�o I� -d�f 3 , hereinafter identified by reference,
authorizing the City's parficipation in the Prog,ram.
9
,
Clty Scofflaw Page 5 of 7 Rev�sed 08/16/2011
, . � .,
. � , ATTACHMENT E
� • Confiact tnformation • '
Techn�cal assistance regarding probes, placing and removing af °flags" from rnotor vehfcle records ar
informatian regarding paymenfs for your account may be obtair�ed by contacting the Administrative
Services Division,. Technology Sup�art Branch, at (592) 465-759Q. ar (512�, 465-7850 (Monday fhrough
Friday 8:00 AM - 5:00 PM), -� �
City Scofflaw
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. P�ge 6 of 7
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