HomeMy WebLinkAboutCity Council Resolutions (Resolution R-18-4286)-07/17/2018RESOLUTION R-18-4286
A RESOLUTION APPROVING A FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT FOR COMBINED MUNICIPAL COURT
SERVICES FOR THE CITIES OF COLLEYVILLE AND KELLER; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the cities of Colleyville and Keller entered into an Interlocal
Agreement for Combined Municipal Court Services dated April 4,
2013 (the "Agreement"); and
WHEREAS, the Agreement's initial term will expire on September 30, 2018,
and the cities of Colleyville and Keller desire to extend the term
of the Agreement for an additional five (5) year renewal term
(the "First Renewal Term") in accordance with the terms and
conditions of the Agreement; and
WHEREAS, upon full review and consideration of the Agreement, the
Colleyville City Council has determined it is in the best interest
of the City to approve the First Amendment to the Interlocal
Agreement for Combined Municipal Court Services for the Cities
of Colleyville and Keller which is attached hereto and
incorporated herein as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the City of Colleyville hereby approves the First
Amendment to the Interlocal Agreement for Combined Municipal
Court Services for the Cities of Colleyville and Keller, and
authorizes the City Manager to execute all necessary documents
to effectuate the same.
Sec. 2. THAT this resolution shall take effect immediately upon passage.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS
THE 17TH DAY OF DULY 2018.
Mayor Richard Newton Aye
Place 1, Tammy Nakamura Aye
Place 4, George Dodson Aye
Place 6, Callie Rigney Aye
Mayor Pro Tern Bobby Lindamood Aye
Place 3, Kathy Wheat Aye
Place 5, Chuck Kelley Aye
Resolution R-18-4286
Page 2 of 2
ATTEST:
( __rj
Christine Loven, TRMC
City Secretary
�OF COLLEYVILLE
Richard Newton
Mayor
EXHIBIT "A"
FIRST AMENDMENT TO
INTERLOCAL AGREEMENT FOR COMBINED MUNICIPAL COURT SERVICES FOR THE CITIES OF
COLLEYVILLE AND KELLER
This First Amendment to the Interlocal Agreement for Combined Municipal Court Services for
the Cities of Colleyville and Keller ("Amendment'), is made and entered into by and between the
City of Colleyville, Texas, a Home Rule municipal corporation ("COLLEYVILLE") and the City
of Keller, Texas, a Home Rule municipal corporation ("KELLER"), each acting by and through
its duly appointed and authorized city managers.
RECITALS
WHEREAS, COLLEYVILLE and KELLER entered into that certain Interlocal
Agreement for Combined Municipal Court Services for the Cities of COLLEYVILLE and
KELLER dated April 4, 2012 (the "Agreement'); and
WHEREAS, COLLEYVILLE and KELLER desire to continue that contractual
relationship and agree to enter into a First Renewal Term in accordance with Section 2 of the
Agreement, which shall begin on October 1, 2018 and run through September 30, 2023; and
WHEREAS, COLLEYVILLE and KELLER desire to enter into this Amendment, to
extend the contractional obligations of both COLLEYVILLE and KELLER for combined
municipal court services to deliver this key public service at the highest level possible for both
communities in accordance with the terms and conditions set forth in the Agreement; and
WHEREAS, COLLEYVILLE and KELLER agree that the approval of this Amendment
is in the mutual interests of the parties and is in the best interests of the health, safety, and welfare
of the public; and
WHEREAS, the Agreement, as amended hereby, is approved by the governing bodies of
both COLLEYVILLE and KELLER; and
WHEREAS, the Agreement, as amended hereby, is authorized by and in conformance
with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act').
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to
the Amendment as follows:
1. Recitals. All matters stated hereinabove are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
2. Term. Upon expiration of the Initial Term, the term of the Agreement shall be
automatically extended for an additional five (5) year renewal term (the "First Renewal Term")
commencing on October 1, 2018 and ending on September 30, 2023.
3. Special Capital Cost Apportionment. Prior to incurring any Special Capital Cost, the parties
shall mutually agree to the scope, budget and apportionment of the total costs to be incurred by
each party. In this section "Special Capital Cost' shall be defined as the cost for any capital
expenditure that is not identified in the annual combined municipal court budget approved by both
cities (Exhibit C to the Agreement). Special Capital Costs shall include all costs relating to
construction, reconstruction, remodeling, renovation, expansion and equipping of the joint
municipal court facility, including, but not limited to, engineering, architectural, and surveying
costs, costs for demolition of existing improvements, costs for relocation and/or extension of
existing utilities or construction of new utilities, costs relating to any work on adjacent property
owned by COLLEYVILLE relating to providing access to, operation of, and parking for the
facility, costs relating to the purchase and installation of new and/or replacement equipment in the
facility or at any location on the facility property.
4. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this First Amendment, the terms of this First Amendment shall control. Except as
expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains
in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to
this First Amendment.
5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
6. Miscellaneous. This Amendment may be executed in multiple counterparts, each of which
shall be deemed an original, and all of such counterparts together shall constitute one and the same
instrument. Delivery of an electronic copy of this Amendment executed by a party hereto shall be
deemed to constitute delivery of an original hereof executed by such party. This Amendment shall
be governed by and construed in accordance with the laws of the State of Texas. Except as
modified hereby, the Agreement remains unmodified and in full force and effect.
IN WITNESS WHEREOF, the undersigned parties have executed this Amendment to be
effective the day of 2018.
[signature page to follow]
CIT LLEYVILLE
By:
Mayor Richard Newton
Date signed: ��4.116
Jerry Pdcay, City Manager
Date signed: X / 3
WEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
CITY OF KELLER
By:
Mayor P. H. McGrail
Date signed:
By:
Mark Hafner, City Manager
Date signed:
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
3042:6.4.18:99925