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Ord 063-2007 6/19/2007 : ., ORDINANCE NO. � � ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM; MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $108,863.00; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH CO-APPLICANT, WICHITA COUNTY, AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH GRANT ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City has been notified that it has been awarded $108,863.00 from the Edward Byrne Memorial Justice Assistance Grant Program; and, WHEREAS, the City Council desires to accept these funds and appropriate them to the financial records of the City; and, WHEREAS, these funds will be used for the purchase of tasers, as well as an Automated License Plate Recognition System; and, WHEREAS, pursuant to an interlocal agreement with Wichita County, Texas, co- applicant for such grant, one-half of said award ($54,431.50) will be shared with Wichita County; and, WHEREAS, the City Manager is hereby authorized to execute such interlocal agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Funds in the amount of $108,863.00 awarded to the City from the Edward Byrne Memorial Justice Assistance Grant Program are hereby accepted, and an appropriation is made to the Special Revenue Fund to account for the revenues and expenditures of the program. SECTION 2. One half of such award, or $54,431.50, will be shared with Wichita County, Texas, co-applicant for such grant, through an interlocal agreement. SECTION 3. The City Manager is hereby authorized to execute the interlocal agreement with Wichita County, Texas, as well as any and all other documents necessary to accomplish such grant acceptance. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 19 day of June, 2007. �� "'--- AY R ATTEST: City Clerk GMS APPLICATION NUMBER STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA § INTERLOCAL AGREEMENT BETWEEN THE CITY OF WICHITA FALLS, TEXAS, AND COUNTY OF WICHITA, TEXAS 2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this day of , 2007, by and between the County of Wichita, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the City of Wichita Falls, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Wichita County, State of Texas, WITNESSETH: WHEREAS, this Agreement is made under the authority of Chapter 791, TExas GOVERNMENT CODE; and, WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and, WHEREAS, the CITY agrees to provide the COUNTY from the JAG award total of for the Equipment Acquisition and Allocation Program; and, WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW, THEREFORE, the COUNTY and CITY agree as follows: SECTION 1. CITY agrees to pay COUNTY a total of of JAG funds. SECTION 2. COUNTY agrees to use for the Equipment Acquisition and Allocation Program until May 31, 2009. SECTION 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the TExas TORT CLAIMS ACT. SECTION 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the TExas ToRT CLAIMS ACT. SECTION 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing on the services by the other party. SECTION 6. The CITY shall be responsible for the filing of financial reports required by the Byrne Justice Assistance Grant Program. SECTION 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. SECTION 8. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF WICHITA FALLS, TEXAS COUNTY OF WICHITA, TEXAS Darron Leiker, City Manager Woodrow Gossom, County Judge � r, ATTEST: ATTEST: City Clerk County Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney District Attorney By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of the clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of the document was conducted solely from the legal perspectives of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s).