Res 108-2005 8/2/2005RESOLUTION NO. 102- dMOJ®
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN
INTERLOCAL AGREEMENT WITH WICHITA COUNTY TO PROVIDE A
VIDEO MAGISTRATING SYSTEM FOR THE CITY'S MUNICIPAL
COURT; 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 is currently transporting prisoners from the
two Wichita County jail locations for the purpose of magistrating various offenses;
WHEREAS, the practice of transporting prisoners adds some liability and safety
concerns to the operation of the court;
WHEREAS, the City wishes to share information technology infrastructure with
Wichita County to eliminate the practice of transporting prisoners and allow video
magistrating;
WHEREAS, the attached Interlocal Agreement provides a joint accord with
Wichita County for access to two video terminals at the Wichita County jail locations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The attached Interlocal Agreement is hereby approved.
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 2nd day of August, 2005.
ATTEST:
ity Clerk
INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF WICHITA FALI -S AND WICHITA COUNTY, TEXAS
STATE OF TEXAS
COUNTY OF WICHITA §
This Agreement, made and entered into this day of
by and between the County of Wichita (' 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:
WHEREAS, the City of Wichita Falls desires to provide a video- magistrating solution for Municipal Court
Proceedings involving defendants who are in jail; and,
WHEREAS, Wichita County owns and operates a network that would allow a video- magistrating solution
for the City of Wichita Falls; and,
WHEREAS, an agreement is necessary to outline the joint responsibilities involved with City of Wichita
Falls access to said network.
NOW, THEREFORE, BE IT RESOLVED BY DULY AUTHORIZED AGENTS OF BOTH
PARTIES, that the following terms and conditions shall constitute the agreement under which the City of Wichita
Falls will have access to the Wichita County network.
1. Effective the date of signatures below, the City of Wichita Falls will no longer charge Wichita
County $40 per week to televise County Commission meetings on the City of Wichita Falls local charm .-I 11.
2. The City of Wichita Falls will provide all capital costs associated with accessing the County's
network, providing the television and camera and any other equipment necessary to equip the City's Municipal Court
building to conduct video-magistrating.
3. Wichita County will provide the existing equipment currently available at the jail for the purpose
of video - magistrating.
4. Wichita County will not charge the City of Wichita Falls a regular "use" fee for the use of the
equipment specified in Section 3.
5. The City of Wichita Falls will consent to certain regular and routine expenses associated with
maintenance, operation, repair and/or upgrade (hereafter "M & O expenses ") of the network. The cost attributed to
the City of Wichita Falls will be on a proportional basis as follows:
Total # of cases magistrated by the City of Wichita Falls x
County's Total Annual M & O Expenses/
Total # of cases magistrated using Wichita County's network
6. Wichita County will provide the City of Wichita Falls with 30 -days written notice of intended M &
O expenses. The City of Wichita Falls will respond in writing within 30 days if it does not intend to consent to M &
O costs. In the event of non - consent to Wichita County's intended M & O expenses, this agreement is terminated. .
7. The City of Wichita Falls maintains the right to discontinue use of the system with 30 -days written
notice to Wichita County. In the event of discontinued use in conjunction with Section 6 or otherwise, Wichita
County will be in no way liable to the City of Wichita Falls for its capital expense or any previous payments for M &
O expenses.
8. Wichita County will provide the City of Wichita Falls with advance notice of repairs or any
planned event causing the network to be unavailable.
9. The City of Wichita Falls will have reasonable access to Wichita County's network for the purpose
of installing the necessary equipment and/or troubleshooting problems.
10. The City of Wichita Falls will have reasonable access to Wichita County's Information Systems
personnel for the purpose installing the necessary equipment or troubleshooting problems.
11. The City of Wichita Falls recognizes the network is used frequently by the judges and courts of
Wichita County. The City of Wichita Falls will participate in and abide by schedules and court dockets
12. The City of Wichita Falls will continue to provide sworn law enforcement officers to transport and
be responsible for defendants at the jail throughout the video-magistrating process.
13. 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.
14. Invalidity. If any provision of this Agreement or any portion thereof is declared invalid or
unenforceable, the remaining provisions shall nevertheless remain full force and effect.
15. Force Majeure. Notwithstanding any provision of this Agreement to the contrary, nei ther City nor
County shall have any liability to the other for a failure of performance resulting from any cause beyond its control.
16. 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.
This agreement is hereby officially approved and effective as of the date of the
signatures affixed below.
CITY OF WICHITA FALLS, TEXAS
By: I
Da on Leiker, Inter' ity Manager
Attest:
Lydia na, City Clerk
0
Attest:
WICHITA COUNTY, TEXAS
Woodrow Gossom, County Judge
County Clerk
15. 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.
16. 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.
This agreement is hereby officially approved and effective as of the date of the
signatures affixed below.
CITY OF WICHITA FALLS,TEXAS
By: 0a.44‘,1144,
Darron Leiker, Intm City Manager
Attest:
Lydia 0 a,City Clerk
WICHITA COUNTY,TEXAS
By:
Woodrow Gossom,Cdl;inty Judge, /
Attest: (/
unty Clerk
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