HomeMy WebLinkAboutContract 50889 CITY SECRETARY
CONTRACT NO.
INTERLOCAL COOPERATION AGREEMENT
%ESTABLISHING CONCURRENT MUNICIPAL COURT JURISDICTION
BETWEEN THE CITY OF WHITE SETTLEMENT
r P4� Fo���Pay AND
THE CITY OF FORT WORTH
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
THIS AGREEMENT ("Agreement") is made and entered into by the City of White
Settlement, Texas ("White Settlement"), a home rule municipality of the State of Texas, and the
City of Fort Worth, Texas, ("Fort Worth"), a home rule municipality of the State of Texas
(collectively, the "Parties"), each acting by and through its duly appointed and authorized
representatives.
RECITALS
WHEREAS, Section 791 of the Texas Government Code provides that governmental
entities of the State may contract with each other to provide governmental functions and services
to protect public health; and
WHEREAS, Fort Worth owns and has territorial jurisdiction over territory that is
contiguous to the jurisdictional limits of White Settlement; and
WHEREAS, the territory that constitutes the subject of this Agreement (the "Territory")
consists of roadways and areas within the territorial jurisdiction of Fort Worth. The Territory is
more fully described in Exhibit "A," which is attached hereto and made a part hereof for all
purposes.
WHEREAS, section 4.14(g) of the Texas Code of Criminal Procedure and section
29.003(i) of the Texas Government Code provide that a municipality may enter into an agreement
with a contiguous municipality to establish concurrent jurisdiction of the municipal courts in the
municipalities and provide original jurisdiction to a municipal court in which a case is brought as if
the municipal court were located in the municipality in which the case arose, for all criminal cases
that arise under the ordinances of the municipality and that are punishable by fine not to exceed
$2,000, in all cases arising under municipal ordinances that govern fire safety, zoning, or public
health and sanitation, other than dumping of refuse, $4,000 in cases arising under municipal
ordinances that govern the dumping of refuse, $500 in all other cases arising under a municipal
ordinance, cases that arise under section 821.022, Texas Health and Safety Code, or cases that
arise under section 65.003(a), Texas Family Code; and 3 4
WHEREAS, White Settlement and Fort Worth are contiguous municipalities; d
8c�ly
White Settlement—Fort Worth Interlocal— ib�ICIAh RECORD ; CI)ypr.FORT 2018''
CITY 311CRIIIITARY
CITY""ORY
R
771
�a
FX WORTNo TX
WHEREAS,the purpose of this Agreement is to allow the Parties to better provide for the
public health, safety and welfare by establishing concurrent municipal court jurisdiction over
certain offenses occurring within the Territory, by conferring concurrent jurisdiction in the White
Settlement Municipal Court over offenses occurring within the Territory.
NOW, THEREFORE, in consideration of the mutual promises and consideration provided for
herein, the receipt and sufficiency of which are hereby confirmed, Fort Worth and White
Settlement hereby agree to the following:
1. TERRITORY
The Territory that constitutes the subject of this Agreement is described in Exhibit"A,"
which is attached hereto and made a part hereof for all purposes.
2. SERVICES
Of and from the Effective Date of this Agreement, the Municipal Court of White
Settlement, Texas, shall have and assume concurrent jurisdiction with the Municipal Courts of
Fort Worth, Texas, and shall have and assume original jurisdiction of criminal offenses arising
under local ordinances occurring within the Territory. This shall include all criminal cases that
arise under the ordinances of the municipality and that are punishable by fine not to exceed$2,000
in all cases arising under municipal ordinances that govern fire safety,zoning,or public health and
sanitation, other than dumping of refuse; $4,000 in cases arising under municipal ordinances that
govern the dumping of refuse; $500 in all other cases arising under a municipal ordinance;or cases
that arise under section 821.022, Texas Health and Safety Code; or cases that arise under section
65.003(a), Texas Family Code. Any criminal case listed above that may be filed in the Municipal
Courts of Fort Worth, Texas, may be filed in said courts or in the Municipal Court of the City of
White Settlement, Texas. And, the Municipal Court of the City of White Settlement, Texas, may
adjudicate all criminal offenses, as described above, that may be within the jurisdiction of
municipal courts within the State of Texas arising within the Territory.
The procedural rules applicable to each court shall apply in all matters adjudicated in
that court. Court costs shall be imposed according to State law and the ordinances of the
Jurisdiction in which the municipal court exists as if the matter originated within the territorial
jurisdiction of that City.
3. TERMINATION
Either Party may terminate this Agreement upon thirty days'written notice to the other;
provided, however, that termination shall not apply to any case pending on the effective date of
termination.
White Settlement—Fort Worth Interlocal—Page 2
4. INDEPENDENT CONTRACTOR
The Parties agree that this Agreement is not a joint enterprise and neither is an
contractor, independent or otherwise, partner, or agent of the other.
5. PAYING FOR PERFORMANCE
Each Party paying for the performance of governmental functions or services under
this Agreement will make those payments from current revenues available to the paying Party.
This Agreement does not require an expenditure of City of Fort Worth funds; however the Parties
agree that the Party paying for the performance of governmental functions or services under this
Agreement has been fairly compensated.
6. RIGHT TO AUDIT
White Settlement agrees that Fort Worth shall, until the expiration of three years after
final payment under this Agreement, or the final conclusion of any audit commenced during the
said three years, have access to and the right to examine at reasonable times any directly pertinent
books, documents, papers and records of the White Settlement involving transactions relating to
this Agreement at no additional cost to Fort Worth. White Settlement agrees that Fort Worth shall
have access during normal working hours to all necessary White Settlement facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. Fort Worth shall give White Settlement reasonable advance notice of
intended audits. Fort Worth and White Settlement acknowledge and agree that such access under
this section is subject to the limitations and requirements under the Texas Public Information Act
7. NOTICES
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when(1)hand-delivered to the other Party,c/o the designated
person listed below; or (2) received by the other Party by United States Mail, registered, return
receipt requested, addressed as follows:
City of Fort Worth City of White Settlement
Attn: Valerie R. Washington Attn: Jeff James
Assistant City Manager City Manager
200 Texas Street 214 Meadowpark Dr.
Fort Worth, Texas 76102-6311 White Settlement, Texas 76108
With Copy to the City Attorney With Copy to City Attorney
At same address At same address
White Settlement—Fort Worth Interlocal—Page 3
8. GOVERNMENTAL POWERS/IMMUNITIES
It is understood and agreed that by execution of this Agreement, neither the City of Fort
Worth nor the City of White Settlement waives or surrenders any of their governmental powers or
immunities.
9. NO WAIVER
The failure of Fort Worth or White Settlement to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver
of Fort Worth's or White Settlement's respective right to insist upon appropriate performance or to
assert any such right on any future occasion.
10. GOVERNING LAW/VENUE
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue
for such action shall lie in state courts located in Tarrant County,Texas or the United States White
Settlement Court for the Northern White Settlement of Texas, Fort Worth Division.
11. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity,legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
12. FORCE MAJEURE.
Fort Worth and White Settlement shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control,
including, but not limited to, compliance with any government law, ordinance or regulation, acts
of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots,material or
labor restrictions by any governmental authority,transportation problems and/or any other similar
causes.
13. HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement,and are not intended to define or limit the scope of any provision
of this Agreement.
White Settlement—Fort Worth Interlocal—Page 4
14. APPROVAL OF AGREEMENT
The governing bodies of Fort Worth and White Settlement have approved the execution of
this Agreement, and the persons signing the Agreement have been duly authorized by the
governing bodies of Fort Worth and White Settlement to sign this Agreement on behalf of the
governing bodies.
15. REVIEW OF COUNSEL
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting Party shall not be employed in the interpretation of this Agreement.
16. AMENDMENTS
No amendment of this Agreement shall be binding upon a Party hereto unless such
amendment is set forth in a written instrument, which is executed by an authorized representative
of each Party.
17. ENTIRETY OF AGREEMENT
This Agreement, including Exhibit A, contains the entire understanding and agreement
between Fort Worth and White Settlement, their assigns and successors in interest, as to the
matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent it conflicts with any provision of this Agreement.
18. COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute one and
the same instrument.
White Settlement—Fort Worth Interlocal—Page 5
EXECUTED in multiple originals on the dates shown below.
CITY OF WHITE SETTLEMENT:
OFFICIAL,
.Cts ,, �................ .���, RECORD
CITY
Ronald White, Mayor ®CR�'�ARY
PT. w'ORrM1, -rX
Date:
..............
ATTEST: TE APPR E AS TO FORM:
Amy Arnold City Secretary Warren pen er, City Attorney
CITY OF FORT WORTH:
Date:0q-0C(—;-0
l
Joel F. FiLtzgerald, Sr. Ph.D.
Chief of Police
Fort Worth Police Department
7; Date:
Jay Chapa
Assistant City Manager
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY:
Date: 4-ko-td
Matthew A. Murray
Assistant City Attorney
ATTESTED B G��yA.
Date:
Mafy f KayseO
City Secretary1, :`0
9S •.....*•. �• &C:
White Settlement—Fort Worth Interlocal—Page 6 1295: i r
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible
For the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
Tiff
Ala,
Moore
Contract mpliance Specialist
White Settlement—Fort Worth Interlocal—Page 7
EXHIBIT A
Between the 2500 block of South Jim Wright Freeway/Interstate Loop 820 that runs north to the
1700 block of North Jim Wright Freeway/Interstate Loop 820.
a. Consisting of a length of—3.5 miles.
b. Described as a two lane access road running north/south.
UMM
�r {
P:
sem,
:K
•
White Settlement—Fort Worth Interlocal—Page 8
2) Between the 7300 block of West Freeway/Interstate 30 that runs west to the 9300 block of
West Freeway/Interstate 30.
a. Consisting of a length of—2.2 miles.
b. Described as a two lane access road running east/west.
lid JAW
- r '
i
r RI ,
White Settlement—Fort Worth Interlocal—Page 9
3) Between the 11 block of • • the 300 block
Consistingof Alta Mere/ State Highway 183.
a. of • of
b. Described as a four lane divided asphalt roadway.
FW 4
41
24 Ae:
White Settlement—
.{
w� —— -•� � F � ��IYF�rr �j. d
Fort Worth • '.g10
4) Between the 500 block of Bomber Road that runs north to the 1100 block of Bomber Road.
a. Consisting of a length of—1.0 miles.
b. Described as a four lane asphalt roadway.
hI
M
4F15 r
I
4
White Settlement—Fort Worth Interlocal—Page 11
5) Between the 8400 block of Shoreview Road that runs west to the 8800 block of Shoreview
Road.
a. Consisting of a length of—0.3 miles.
b. Described as a two lane asphalt roadway.
r
,
I
}
A
White Settlement—Fort Worth Interlocal—Page 12