Res 069-2000 5/16/2000RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY
OF WICHITA FALLS AND WICHITA COUNTY FOR PROGRAMMING
CERTAIN MEETINGS ON THE CITY'S CABLE ACCESS CHANNEL;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls and Wichita County desire to enter into an
agreement to provide for the programming of tapes of certain regular and special called
meetings of the Commissioners' Court of Wichita County on the City's cable access
channel; and,
WHEREAS, such an agreement is authorized under Chapter 791, Government
Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to enter into an interlocal
cooperation agreement between the City Of Wichita Falls And Wichita County for
programming certain meetings on the City's cable access channel.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 16th day of May 2000.
ATTEST:
City Jerk
MAYOR
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF WICHITA FALLS AND WICHITA COUNTY, TEXAS
STATE OF TEXAS §
COUNTY OF WICHITA §
This Agreement, made and entered into this 16th day of May, 2000, by and between the
County of Wichita ("County"), a county governmental entity located in Wichita County, Texas,
acting by and through its duly authorized County Judge, and the City of Wichita Falls, Texas
("City"), a municipal corporation located in Wichita County, Texas, acting by and through its
duly authorized City Manager,
WITNESSETH:
to enter into an Agreement the Countyand the Citydesire
to provide for the
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programming of tapes of certain Regular and Special Called Meetings of the Commissioners'
Court of the County by the City on Channel 11, the City's cable access channel; and,
WHEREAS, such an Agreement is authorized under Chapter 791, GOVERNMENT CODE
(Interlocal Cooperation Act).
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter set
forth, the City and the County agree as follows:
1. Services To Be Performed. The City, through its Public Communications Division,
agrees to play on Channel 11 the tapes of those Wichita County Commissioners' Court Regular
Session Meetings held on the second Monday of every month, as well as those Special Called
Meetings held on the remaining Mondays of every month, for a total of five meetings per month
["Meeting(s)"].
2. Manner of Performance. City shall accomplish the programming of the tapes into
the automation system of Channel 11, which is operated from the City Council Chambers of the
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Memorial Auditorium, City of Wichita Falls. The County's meeting tapes will be played on the
County's single broadcast deck. Broadcast decks that are the property of the City of Wichita
Falls shall not be used to broadcast the County's Meetings. It is understood that the broadcast
deck owned by the County will play a maximum of two hours of programming. In the event any
Meetings exceed the County's broadcast deck's capacity, those portions of the Meetings
exceeding that capacity shall not be broadcast.
3. Facilities and Personnel. City shall maintain the facilities and personnel necessary to
provide the services to be performed under this Agreement.
4. Fees. The County agrees to pay the City a fee of Fifty ($50.00) Dollars per week for
the replays of the Meetings. The fee is due the fifteenth day of each month following billing of
the previous month's replaying of tapes. A three-month study of programming costs, including
City staff time and overhead, will be conducted immediately following the execution of this
Agreement. If the study indicates additional or reduced fees are warranted, upon agreement, the
County and City may execute an addendum to change the fees provided herein. All fees payable
under this Agreement must be paid from the current revenues available to the paying party.
5. Term. The term of this Agreement shall be for a period of one (1) year, commencing
lit 2000, and shall be automatically renewed for successive one (1) year periods unless
terminated as hereinafter provided. Either party shall have the right to terminate this Agreement,
by giving the other party at least thirty (30) days written advance notice of its intent to terminate
the Agreement.
6. Liabilities and Obligations. The City shall use its best efforts to provide the
replaying of tapes at the times specified in Section 7. However, the City shall have no
responsibility, risk, obligation, or liability for the content or the replaying of the tapes or the
City's failure to replay the tapes. All responsibilities, risk, obligation, or liability connected with
the replaying of the County's tapes on Channel 11, including their content, shall reside solely
with the County.
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7. Schedule. The Meeting tapes will be replayed four times per week under normal
circumstances. Tapes will usually play at 7:00 p.m. and 12:00 midnight on Mondays, and at
2:00 p.m. on Thursdays and Fridays, of the weeks containing a Commissioners' Court Regular
Session or Special Called Meeting, as defined in Section 1 above. In no event shall the
programming of County meetings exceed 16 hours per week. City programming which may
occasionally conflict with the County replays shall have broadcast priority. The determination of
the need to replace the County replays with City of Wichita Falls programming shall rest solely
with the Director of Administrative Services.
8. Additional Services. No additional services will be provided without advanced
permission of the City Manager. Any request for additional service must be in writing by the
County Judge.
9. Delivery of Tapes. Meeting tapes will be delivered no later than 4:00 p.m. on the
day the tapes are to be replayed. The tapes are to be delivered to the Public Communications
Office, Room 107 of the Memorial Auditorium. The tapes are to be in ready to replay condition
when delivered.
10. Conflict Resolution. Any conflicts or disputes which may arise during the
performance of this contract shall be addressed by the City Manager, whose decision concerning
these conflicts or disputes shall be final.
11. Entire Agreement; Amendments. This Agreement, including any exhibits and/or
any amendments hereto, contains the entire Agreement between the parties, and all prior
proposals, discussions and writings by and between the parties and related to the subject matter
hereof are superseded hereby. This Agreement may be modified or amended only pursuant to a
written instrument executed by both parties hereto.
12. Invalidity. If any provision of this Agreement or any portion thereof is declared
invalid or unenforceable, the remaining provisions shall nevertheless remain in full force and
effect.
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13. Force Majeure. Notwithstanding any provision of this Agreement to the
contrary, neither City nor County shall have any liability to the other for a failure of performance
resulting from any cause beyond its control.
14. Expenses. Except as specifically otherwise provided in this Agreement, the
County shall be solely responsible for normal and usual costs and expenses incurred in providing
the tapes for replay. City shall be responsible for paying the costs and expenses incurred in
connection with the maintenance and operation of the City's equipment and facilities.
15. Governing Law. The laws of the State of Texas shall govern this contract, and all
obligations hereunder of the parties are performable in Wichita County.
Ci o ichita Falls, Te
B . ( ,��,0�"��i
�J s Berzi , City Maagdr
Attest:
_(0 t 1 i,1-'- hum zij.)
R f k.).
Lydi Tones, City Clerk
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Wichita County, Texas
By: 4 7 ) ��'5L-crevl
Woodrow GossomOunty Jud /
Attest:
o Lu l „ .uity Clerk