HomeMy WebLinkAboutO-1981-1265
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ORDINANCE NO.
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AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE
OF AN AGREEMENT WITH THE STATE OF TEXAS, DEPARTMENTS OF HIGHWAYS
AND PUBLIC TRANSPORTATION (DHPT) AND OF PUBLIC SAFETY (DPS),
FOR LOCAL USE OF', STATE-OWNED EQUIPMENT IN A CERTIFIED BREATH
TEST PROGRAM.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The Mayor, the City Council, and the City
Secretary of the Ci ty of La Porte, Texas, be, and they are
hereby, authorized and empowered to execute and deliver on
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behalf of the City of La Porte, Texas, an agreement in form
attached hereto as Exhibit "A", incorporated by reference
here in, and made a part hereof for all purposes, between the
State of Texas, acting through its Departments of Highways
and Public Transportation (DHPT) and of Public Safety (DPS),
providing for local use by the City of La Porte of state-owned
equipment in a certified breath test program.
Section 2. The City Council officially finds, deter-
mines, recites and declares that a sufficient written notice
of the date, hour, place and subject of. this meeting of the
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C,ity Council was posted at a place convenient to the public
at the Ci ty Hall of the Ci ty for the time required by law
preceding this meeting, as required by the Open Meetings Law,
Article 6252-17, Texas Revised Civil Statutes Annotated; and
that this meeting has been open to '~he public as required by
law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and
confirms such. written notice and the contents and posting
thereof.
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Section 3. This Ordinance shall be in effect immediately
upon its passage and approval.
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Ordinance No.
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PASSED AND APPROVED this the ' day of June, 1981o
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CITY OF LA PORTE
By
J. J. Meza, Mayor
ATTEST:
City Secretary
APPROVED: ~ ;I
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Ci ty At torney I
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5. Replace the instru!!1ents and equipment received in the
event of 103s, theft, accident, or circu:nstances other
than nor~l ~ear, so long as the equipme~t is necessary
for the operation of t~e local breath testin8 pr08ra~.
6. Cooperate ~th DPS in its meeting its responsibilities
for adt''1inistration of the breath testing program by:
a. maint31nin~ and operating the instruments in accor-
dance with the TenTR anet directives from the Office
of the Scientific Director of DPS;
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permit~ing DP3 to monitor local testing
insure testinp. incesrity and compliance
testing re3ulations;
b.
programs to
with breath
c. per::litting DPS, throu~h certified local technical
supervisors, to calibrate and perform technical
oaintenance on, and to certify the instru:!lents in
accordance ~ith the TC3T~.
7. Cooperate with DlIPT in ita rJaintaining accurate inven-
tory recorJs concerning the instr~ents, particularly by
making the instruments available to DHPT (acting through
certified technical supervisors) for inventory at rea-
sonable times and upon reasonable notice.
3. SenJ their certified operators to schools certified by
the Office of the Scientific Director of DPS for addi-
tional trainine on the .new instruoents. The funding of
the additional training will be the responsibility of
the LA.
c. The DPS, through the Office of the Scientific Director,
agrees to:
1. Deliver to the LA breath test instruoents and allied
equip~ent listed on Attachment A.
2. Receive from the LA all ~~isting breath test instruments
that the LA possesses and deliver the old instrucents to
the new 'instrument manufacturer as a trade-in as part of
the purchase price of the new instruments.
3. Provide e,echnical assistanCe! and guidance as necessary
throu~h certified technical supervisors to the LA to
enable that LA to maintain the instruments in good con-
dition and effective workina order. This assistance
shall include, as a minioum:
a. Providing the LA with a copy of the T~3TR.
b. Making available to the LA i~strument operators anJ
technical supervisors the opportunity to receive
trainine; in the operation and maintenance of the
instrurtents through schools that are certified by
DPS.
c. I!avil18 certified technical supervisors calibrate,
perform all technical maintenance on, and certify
the instrur.1ents in the LA in accorJance with the
provisions stated in the TC~Trr.
4.
!-Jonitor the
inte~rity and
tions.
LA testinti progrma to insure
cOUlpllance with breath ,testing
testing
regula-
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ACR:Z~ LENT
r---. Tm~ S'l'AT~ OF 'r~Y,^S
COUNTY OF TRAVIS
I. This .'\Ca.E'::~tE~rT betveen the State of Texas, acting throus:, its
:Jepartl'lents of ai~hways and Public Transportation (Dll?T) and of
Public ~afety (DPS), and the City of La Porte, hereinafter cited
as the Local Agency (LA), acting through its. authorized
officers, witness~h:
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II. The Dl!PT is char~ed with coordinatin~ and cooperating with other
de~artments of the State and with political subdivisions of the
St~te in a statewide traffic safety program, including expen':
diture of traffic safety funds for property to be used in
program activities. The DPS is charged with the administration
of a statewide breath testing prozram involving all lal~ enfor-
cement agencies in the state. The LA, as part of its respon-
sibility for protectin3 the safety and welfare of its citizens,
is responsible for enforcing laws and ordinances concernin3
operation of a ootor vehicle by a driver whose faculties or abi-
lities are or l'J8.y be bpaired by alcohol.
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To 3cco~plish these purposes, these three entities agree to
coo~erate in a prograo in which breath testing devices belonging
to the State of Texas and maintained on the inventory of DUPT
will be placed in the possession of the LA for its use in a
prograc coordinated by and conducted in accordance with the
rules and re3ulations of DPS, including the Texas Chemical
Bre3th Test ~ep'ulations (TCBTR).
The LA acknowledges that it has requested the benefits of this
progralll as a part of its local highway safety program and in
furtherance of its governmental responSibilities, and therefore
consents to participate in this program and accepts possession
of these devices.
III. The parties further agree as follo\lS:
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A. The DHPT a~rees to furnish instruoents and security cabinets
to the DPS for distribution to the LA. It is specifically
agreed hetween the parties that the DaPT is to retain title
to the instruI.Jlents and security cabinets and to retain them
on its inventory of accountable assets. DPS is not to be
held responsible or accountable for instruments or security
cabinets.
~. The LA agrees to:
1. Take possession fro~ DPS of the breath test instruments
and allied equipment listed on,. Attachment A, under-
standing that these instruments and allied equipoent are
and remain the property of the State of Texas and are
accountable on the inventory of DHPT.
2. Deliver to DPS all existing breath test instruments
currently in its possession to be used as a trade-in on
the rurchase of the new instru~ents.
3. Control, protect, and preserve the newly receiverl
instruments and allied equip::lent, exercising with regard
to such property such care as t"ould be exercised by a
reasonably careful owner.
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4. Haintain the instru::1ents in ciood condition an:! effective
work.ing order, with the technical assistance of DPS as
set forth in C-3, below.
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s. Acting on behalf of O;!PT. physically inventory at least
once annually the instruments and equipment placed with
the LA. The inventory will verify the presence of the
user 'identification' number of the instru:nent. the
instrument, description. including manufacturer's serial
number. and the instru:nent location. A certification of
the performance of this inventory will be subaitted to
m:PT. File O-13T~.
6. Itenove and relocate any instrut.lent not being used or
maintained so as to insure an effective breath testin;;
prograiD. '\
IV. This agree:nent pertains only to physical possession and l!Iain-
tena-nce of the bre3th testine equipment sho..m on Attach:nent ~\
and not to the agreement between DPS and the LA under which that
LA participates in a certifi?d c~e~ical breath test program.
v. :'lo modification to any instrument shall be made without prior
written 3!,proval fro!:! the Off.ice of the Scientific Director of
t~e OPS; :nodific3tion of any instru..,ent without prior written
a:>proval shall be ~rounds for ref.1oval of such instru-::tent pro-
vided un~er this agreement.
VI. This a~reel!!ent shall terminate upon the end of the useful life
of the equip~ent (including replace~ent equipment provided pur-
suant to Article III-B-5) or upon termination of the local
bre3th test prO~r3Q. ~michever occurs first.
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THE CITY OF LaPORTE
APPROVED:
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Mayor
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Date:
ATTEST:
Secretary
APPROVED AS TO FORM:
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Title:
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THE STATE OF TEXAS
Certified as being executed
to carry out the orders,
policies, or approved and
authorized work programs of
the DPS:
Director.
Department of Public Safety
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Date:
Certified as being executed
for the purpose and effect of
activating and/or carrying
out the orders, established
policies. or work programs
heretofore approved and
authorized by the State
Highway and Public
Transportation Commission:
Assistant Engineer-Director SDHPT
Executed and approved for the
SDHPT under authority of
Minute Order 77446
Date:
RECOMMENDED FOR EXECUTION:
Chief Engineer
Safety. & Maintenance
Operations Division
Director. Finance Division
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AT! ACliMJ::NT A
e RECEIPT FOR TRAFFI~AFETY SECTION ASSETS e
RECEIPT NO. _
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On behalf of _Ihe Ct tY....9L1&.P.Q1:te , Recipient hereby certify that the below-listed articles
have been received in serviceable condition:
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1 2 J 4 5 6 7 8
O,18TS RECIPIENT USEFUL
TRANSACTION IDE NT, MFGR'S ACOUISITION LIFE ACOUISITION
NUMlJER NUMBER DESCRIPTION SERIAL NUMBER DATE END DATE COST LOCA TION
Intoxi1yzer 4011 AS-A
Intoxi1yzer 4011 AS-A
Cabinet for Intoxi1yzer
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I agree that these articles will be properly maintained in serviceable condition while they are in Recipient's possession until the end of their useful life
as indicated in Column 6 above, 1 lurther agree that during this period. these articles will be used only within the State of Texas. and only in traffic
salety-relatt:d tasks, If any of these articles is removed from use In traffic safety-related tasks before the end of its useful life, an amount equal to its
fa.r market value at the time 01 removal will be applied to the purchase of equivalent equipment to be used in traffic safety.related projects until the
date ciled In Column 6 above, II an article IS losl. Slolen. or rendered inoperable. any proceeds from insurance, sale or other disposal of the ilem shall
be apphed as above I further agree Ihat Recipient Will maintain full and accurale records describing the current location and use. and the ultimate
d,spOSltlon of each article listed, These records shall be available to the Texas Department of Highways and Public Transportation. or its represen.
toltlves. It any reasonable time. and shall be maintained until at least 2 years liter the end of the usefullif\! of each item,
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THE RIGHT TO USE THE ABOVE LISTED A"RTICLES IS TENDERED TO
, Subject to the above stated terms
and conditions
SIGNA TURE' OF PERSON AUTHO'RizE"O TO COMMIT DA'TE- .... -----
STATE DEPARTMENT Of HIGHWAYS AND PUBLIC TRANSPORTATION
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DATE
SIGNATURE OF PERSON AUTHORIZED TO COMMIT RECIPIENr
TITLE
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ATTACHMENT B
STATE DEPARTMENT OF tUGHWAVS AND PUBLIC TRANSPORTATION
Traffic Safety Section
ACCOUNTABLE ASSETS LOG
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from
Iransferred
The following Accountable assets have been
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in accordance Wilh Federal/Stale regulalions:
0-18 Project MANUFACTURERS Recipient's Assigned DISPOSITION
TRANSACTION Number DESCRIPTION SERIAL NO. Identification Number
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to TSS
of la Porte
The Cit
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Date:
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lve tate ITepartment of
Transporta ti on
Received by
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