2004-228OPOINANCE NO. '/- ?
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN TIlE CITY OF DENTON AND THE TEXAS
DEPARTMENT OF PUBLIC SAFETY ("TDPS") TO IMPLEMENT THE PROVISIONS OF
CHAPTER 706 OF THE TEXAS TRANSPORTATION CODE FOR THE DENIAL OF
DRIVER'S LICENSE RENEWAL UPON FAILURE TO APPEAR OR FAILURE TO PAY A
JUDGMENT IN MUNICIPAL COURT; AUTHORIZING THE PAYMENT OF FEES
PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Texas Department of Public Safety (TDPS) and the City of Denton
mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the
Interlocal Cooperation Act and contract pursuant thereto; and
WHEREAS, both TDPS and the City of Denton have the authority to perform the
services set forth in this Agreement individually in accordance with Texas Government Code
§791.01 l(c); and
WHEREAS, all payments for services will be paid out of available current revenues and
the City of Denton and TDPS agrees that the payments made by the parties hereunder will fairly
compensate the parties for the services provided;
NOW, THEREFORE, TDPS and the City of Denton for the mutual consideration
hereinafter stated, agree as follows:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor, or in her absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Cooperation Agreement between the City of Denton and TDPS to implement
the provisions of the Texas Transportation Code Chapter 706 to provide the reporting of
information necessary for the denial of driver's license renewal of persons who fail to appear for a
complaint or citation or fail to pay a judgment ordered by the Denton Municipal Court. A copy of
the Agreement is attached hereto and incorporated by reference herein.
SECTION 2. That the City Council authorizes the payment of all fees as provided pursuant to
the provisions of said Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the j t~ dayof _(~,~0_1_~_~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 2
Interlocal Cooperation Contract
STATE OF TEXAS §
COUNTY OF DENTON §
I. ~/f~ 0~ Parties
This Interlocal Cooperation Contract ("Contract") is made and entered into
between the Texas Department of Public Safety ("TDPS"), a political subdivision
of the State of Texas, and the City of Denton
a local political subdiviSion of the State of Texas.
The purpose of this Contract is to implement the provisions of Texas
Transportation Code Chapter 706. A local political subdivision may contract with
the TDPS to provide information necessary to deny renewal of the driver license
of a person who fails to appear for a complaint or citation or fails to pay or satisfy
a judgement ordering payment of a fine or cost in the manner ordered by the
court in a manner involving any offense that a court has jurisdiction of under
Chapter 4, Code of Criminal Procedure.
The TDPS has authority to contract with a private vendor ("Vendor") pursuant to
Texas Transportation Code {}706.008. The Vendor will provide the necessary
goods and services to establish an automated system ("FTA System") whereby
information regarding violators subject to the provisions of Texas Transportation
Code Chapter 706 may be accurately stored and accessed by the TDPS.
Utilizing the FTA System as a source of information, the TDPS may deny
renewal of a driver license to a person who is the subject of an FTA System
entry.
Each local political subdivision contracting with the TDPS will pay monies to the
Vendor based on a fee certain established by this Contract. The TDPS will make
no direct or indirect payments to the Vendor. The Vendor will ensure that
accurate information is available to the TDPS, political subdivisions and persons
seeking to clear their licenses at all reasonable times.
III. %%' ~/Definitions
"Complaint" means notice of an offense as defined in Article 27.14(d) or Article
45.019, Code of Criminal Procedure.
"Department" or "TDPS" means the Texas Department of Public Safety.
"Failure to Appear Program" or "FTA Program" refers to the implementation
efforts of all parties, including those system components provided by the TDPS,
local political subdivisions and the Vendor, including the FTA System.
"Failure to Appear System" or "FTA System" refers to the goods and services,
including all hardware, software, consulting services, telephone and related
support services, supplied by the Vendor.
"FTA Software" refers to computer software developed or maintained now or in
the future by the Vendor to support the FTA System.
"Originating Court" refers to the court in which an applicable violation has been
filed for which a person has failed to appear or failed to pay or satisfy a
judgement and which has submitted an appropriate FTA report.
"State" refers to the State of Texas.
"Local political subdivision" refers to a city or county of the State of Texas. spec±f±cally
in this contract, the City of Denton, Texas.
Unless otherwise defined, terms used herein shall have the meaning assigned by
Texas Transportation Code Chapter 706 or other relevant statute. Terms not
defined in this Contract or by other relevant statutes shall be given their ordinary
meanings.. !
IV.(~~ ~(/~ Governing Law
This Contract is entered into pursuant to Texas Government Code Chapter 791
and is subject to the laws and jurisdiction of the State of Texas and shall be
construed and. interpreted accordingly.
V. ~J' 0J'~Venue
The parties agree that this contract is deemed performable in Travis County,
Texas, and that venue for any suit arising from the interpretation or enfomement
of this Contract shall lie in Travis County, Texas.
VI. ~ OJ~Application and Scope of Contract
This Contract applies to each FTA report submitted to and accepted by the TDPS
or the Vendor by the local political subdivision pursuant to the authority of Texas
Transportation Code Chapter 706.
?age 2 of 7 ~ *~j~'~
VII.
equired Warning
on Citation for Traffic Law Violations
A peace officer authorized to issue citations within the jurisdiction of the local
political subdivision shall issue a written warning to each person to whom the
officer issues a citation for a traffic law violation. This warning shall be provided
in addition to any other warnings required by law. The warning must state in
substance that if the person fails to appear in court for the prosecution of the
offense or if the person fails to pay or satisfy a judgement ordering the payment
of a fine and cost in the manner ordered by the court, the person may be denied
renewal of the person's driver license. The written warning may be printed on
the citation o.r_~n a separate instrument.
Vlll.~'~'~~)~OFTAReport
If the person fails to appear or fails to pay or satisfy a judgement as required by
law, the local political subdivision may submit an FTA report containing the
following information:
(1) the jurisdiction in which the alleged offense occurred;
(2) the name of the local political subdivision submitting the report;
(3) the name, date of birth and Texas driver license number of the
person who failed to appear or failed to pay or satisfy a judgement;
(4) the date of the alleged violation;
(5) a brief description of the alleged violation;
(6) a statement that the person failed to appear or failed to pay or
satisfy a judgement as required by law;
(7) the date that the person failed to appear or failed to pay or satisfy a
judgement; and
(8) any other information required by the TDPS.
There is no requirement that a criminal warrant be issued in response to the
person's failure to appear. The local political subdivision must make reasonable
efforts to ensure that all FT^ Reports are accurate, complete and non-
d u plic~tive~.~
IX. ~ "UClearance Reports
The originating court that files the FTA Report has a continuing obligation to
review the report and promptly submit appropriate additional information or
reports to the Vendor or the TDPS. The clearance report shall identify the
person, state whether or not a fee was required, advise the TDPS to lift the
denial of renewal and state the grounds for the action. All clearance reports must
be submitted within five business days of the time and date that the originating
court receives appropriate payment or other information that satisfies the citizen's
obligation to that court.
To the extent that a local political subdivision utilizes the FTA Program by
submitting an FTA Report, there is a corresponding obligation to collect the
statutorily required $30.00 administrative fee. If the person is acquitted of the
underlying offense for which the original FTA Report was filed, the originating
court shall not require payment of the administrative fee. The local political
subdivision shall submit a clearance report within five business days advising the
TDPS to lift the denial of renewal and identifying the grounds for the action.
The local political subdivision must promptly file a clearance report upon payment
of the administrative fee and:
(1) the perfection of an appeal of the case for which the warrant of
arrest was issued or judgement arose;
(2) the dismissal of the charge for which the warrant of arrest was
issued or judgement arose;
(3) the posting of a bond or the giving of other security to reinstate the
charge for which the warrant was issued;
(4) the payment or discharge of the fine and cost owed on an
outstanding judgement of the court; or
(5) other suitable arrangement to pay the fine and cost within the
court's discretion.
The TDPS will not continue to deny renewal of the person's driver license after
receiving notice from the local political subdivision that the FTA report was
submitted in error or has been destroyed in accordance with local political
subdi/~ision's record retention policy.
X. ~-_~'~ ~/Compliance with Law
The local political subdivision understands and agrees that it will comply with all
local, state and federal laws in the performance of this Contract, including
administrative rules adopted by the TDPS.
XI. ~ - ~Accounting Procedures
An officer collecting fees pursuant to Texas Transportation Code §706.006 shall
keep separate records of the funds and shall deposit the funds in the appropriate
municipal or county treasury. The custodian of the municipal or county treasury
may deposit such fees in an interest-bearing account and retain the interest
earned thereon for the local political subdivision. The custodian shall keep
accurate and complete records of funds received and disbursed in accordance
with this Contract and the governing statutes.
~/~M' Page 4 of 7
The custodian shall remit $20.00 of each fee collected pursuant to Texas
Transportation Code {}706.006 to the Comptroller on or before the last day of
each calendar quarter and retain $10.00 of each fee for payment to the Vendor
and credit to_ !h~ general fund of the municipal or county treasury.
Xll. (~ ~~- Cayments to Vendor
The TDPS has contracted with OmniBase Services of Texas, LLP. ('¥endor"), a
corporation organized and incorporated under the laws of the State of Texas,
with its principal place of business in Austin, Texas, to assist with the
implementation of the FTA Program.
Correspondence to the Vendor may be addressed as follows:
OmniBase Services of Texas, LLP.
7320 N. MoPac Suite 310
Austin, Texas 78731
(512) 346-6511 ext. 100; (512) 346-9312 (fax)
The local political subdivision must pay the Vendor a fee of $6.00 per person for
each violation which has been reported to the Vendor and for which the local
political subdivision has subsequently collected the statutorily required $30.00
administrative fee. In the event that the person has been acquitted of the
underlying charge, no payment will be made to the Vendor or required of the
local political subdivision.
The parties agree that payment shall be made by the local political subdivision to
the Vendor no later than the last day of the month following the close of the
calendar quarter in which the payment was received by the local political
subdivision~r
Xlll. ~ ~ ~jLitigation and Indemnity
in the event that the local political subdivision is aware of litigation in which this
Contract or Texas Transportation Code Chapter 706 is subject to constitutional,
statutory, or common-law challenge, or is struck down by judicial decision, the
local political subdivision shall make a good faith effort to notify the TDPS
immediately.
Each party may participate in the defense of a claim or suit affecting the FTA
Program, but no costs or expenses shall be incurred for any party by the other
party without the other parties written consent.
To the extent authorized by law, the local political subdivision agrees to
indemnify and hold harmless the TDPS against any claims, suits, actions,
damages and costs of every nature or description arising out of or resulting from
~/Page 5 of 7
the performance of this Contract, and the local political subdivision further agrees
to satisfy any final judgement awarded against the local political subdivision or
the TDPS arising from the performance of this Contract, provided said claim, suit,
action, damage, judgement or related cost is not attributed by the judgement of a
court of competent jurisdiction to the sole negligence of the TDP$.
It is the agreement of the parties that any litigation involving the parties to this
Contract may not be compromised or settled without the express consent of the
TDPS, unless such litigation does not name the TDPS as a party.
This section is s,,ubject to the statutory rights and duties of the Attorney General
for the State .of/Texas.
XlV. ~ ~ ~ontract Modification
No modifications, amendments or supplements to, or waivers of, any provision of
this Contract shall be valid unless made in writing and executed in the same
manner as this/Contract.
XV.~ 0/~everability
if any provision of this Contract is held to be illegal, invalid or unenfomeable
under present or future laws effective during the term hereof, such provision shall
be fully severable. This Contract shall be construed and enfomed as if such
illegal, invalid or unenforceable provision had never comprised a part hereof, and
the remaining provisions shall remain in full rome and effect and shall not be
affected by the illegal, invalid or unenforceable provision or by its severance
therefr~m.~. ~//.
XVl. [,. /,Multiple Counterparts
This agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes and all of which constitutes,
collectively, one agreement. But, in making proof of this agreement, it shall not
be necessary to produce or account for more than one such counterpart.
XVlI. Effective Date of Contract
This contract shall be in effect from and after the date that the final signature is
set forth below. This contract shall automatically renew on a yearly basis.
However, either party may terminate this agreement upon thirty dates written
notice to the other party. Notice may be given at the following addresses:
I,*~cai Political Subdivision
Cit~y Manager
City of Denton
~215 East McKinney
Denton, TX 76201
Texas Department of Public Safety
Project Administrator, FTA Program
5805 North Lamar Boulevard
Austin, Texas 78773-0001
(512) 424-5948 (fax)
Notice is effective upon receipt or three days after deposit in the U.S. mail,
whichever occurs first. After termination, the local political subdivision has a
continuing obligation to report dispositions and collect fees for all violators in the
FTA System at the time of termination.
TEXAS DEPARTMENT OF
PUBLIC SAFETY
Chief of Finance
LOCAL POLITICAL SUBDIVISION*
CITY OF DENTON
Authorized Signature
Title {/
D~t~ /
ATTEST: /
JEN~FER WALTERS,~ITl SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY