RES 2010-11TOWN OF TROPHY CLUB
RESOLUTION 2010-11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN MANAGER OR
HIS DESIGNEE TO EXECUTE AN INTERLOCAL GOVE~!!IIf.NTAL
AGREEMENT BY AND BETWEEN THE ~H'!OiAmf:)Pj!jY· CLUB,
TEXAS AND THE TEXAS DEPARTMENT OF
TRANPORTATION/DEPARTMENT OF MOTOR VEHICLES RELATING
TO MOTOR VEHICLE REGISTRATION REFUSAL PURSUANT TO
SECTION 702.003 OF THE TEXAS TRANSPORTATION CODE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 702.003 of the Texas Transportation Code provides
that a county assessor-collector or the Texas Department of Motor Vehicles may
refuse to register a motor vehicle if such entity is under contract with a
municipality and receives information from the municipality that the owner of the
vehicle has an outstanding warrant from that municipality for failure to appear or
failure to pay a fine on a complaint involving a traffic law; and
WHEREAS, Section 702.003 further requires a municipality that has a
contract with a county assessor-collector or the Texas Department of Motor
Vehicles to notify such agency upon entry of a judgment, payment of a judgment,
perfection of appeal, or dismissal of the charge, at which time the county
assessor -collector or the Department may not refuse to register the motor
vehicle under Section 702.003; and
WHEREAS, the agreement approved hereby is an interlocal cooperation
agreement entered into in compliance with Chapter 791 of the Texas
Government Code, and all payments made by the parties thereto shall be paid
from revenues legally available to the paying party; and
WHEREAS, the Town Council finds that entering into this agreement with
the Texas Department of Transportation pursuant to Section 702.003 of the
Texas Transportation Code serves a valid public purpose of facilitating the
collection of judgments entered for violations of traffic laws and is in the best
interests of the Town of Trophy Club.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS;
Section 1. That the Town Manager or his designee is hereby authorized
to enter into an interlocal governmental agreement between the Town of Trophy
Club and the Texas Department of Transportation/Department of Motor Vehicles,
more specifically described as the "Scofflaw Services Contract for Marking Texas
Resolution 2010-11
(File ID 2010-237)
\
1
Motor Vehicle Registration Records," relating to the collection of outstanding
monies owed the Town of Trophy Club for unpaid moving violations, a copy of
which is attached hereto as Exhibit "A."
Section 2. That, this Resolution shall become effective from and after
its date of passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this 21st day of June, 2010.
ATTEST:
tfciwn Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
CPC\kAI(\~
Town Attorney
Town of Trophy Club, Texas
Resolution 2010-11
(File ID 2010-237)
C6nnie White, Mayor
Town of Trophy Club, Texas
2
Resolution 2010-11
(File 10 2010-237)
"EXHIBIT A"
3
,HE STATE 0:: TEXAS §
:HE COU~JT'f OF TRAVIS §
THIS CO[\ITRACT is entered into by the Contracting Parties under Government Code, Chapter 791.
i. CONTRACTING PARTIES:
The Texas Department of Transportation (TxDOT)
WUkJ fJt (L0Ao> (' Ll:, I
(Local Government)
H. PUR,POSE: Scofflaw Services contract for marking Texas Motor Vehicle Registration Records.
111. STATEMENT OF SERV!CES TO BE PERFORMED: TxDOTwill undertal"and carry out services
described in Att<31chment A. Scope of Services. '0
y
[V. CONTRACT PAYMENT: Contract payment shall conform to the provisiq!:l.f of Attacihment IB, Budget.
'1. T RM 0 NTR CT: This contract begins when fully executed by bo:fparties and terminates on
..... LLf'-''-''''-tJ..C'''O=.>J'r when otherwise terminated as provided in Attachwt C, Article 5 of this Agreement.
VI. LEGAL UTHORITY: Ii:
THE PARTIES certify that the services provided under this contract are s~ces that are properly within the
legal authority of the Contracting Parties.
l' ,DOT further certifies that it has the authority to perform the services by authority granted in Section 702.003
and in Section 707.017 of the Texas Transportation Code.
The governing body, by resolution or ordinance, dated )() Q( :J.. } , 2D/u ,has authorized the Local
Government to obtain the services described in Attachment A.
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment IB, Budget,
Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance, Attachment E,
Contact Information, Attachment F, Account Information and Attachment G, City Scofflaw Input File
Requirements .
.,J.1O'""_:,Lt<UOL<tl().L..;c1'I-LC __ 7J"--,r,-,-"~f"'o,-J,",,,V'1-/_""{~~:":~::..6=-________ (Name of Local Government)
By /t/7UrJz 2t/!~ Date ~/ h
AOTHORIZED SIGNATURE '
(OO/):t' L;hfk~
TYPED OR PRiNTED NAME AND TITLE
Ti:e 07o y ')! , ,
"CR THE STATE OF TE)(AS
E)(:"cuted for the Executive Director and approved for the Texas Transportation Commission for the purpose
and effect of acti'/ating and/or carrying out the orders, established poticies or work programs heretofore
'JeCi arc ac1thorized by the Texas Transportation Commission.
~~~~~£B~~~~3.=---Date "1/q /\O , -Rebec~5i Oa'Jis, PA.D.~ ~'\.<3;-
t~IN\.Director, Vehicle Titles d Re istration Division
Texa" Department of Transportation
C '; ScofflaVi Pagel of 8 Revised 9/05/08
ATTACHME~JT A
Scope of Services
TxDOT will: " ,,..nfjJ'Y! . flCIA.u.. "",u,
'1. On initial probes (inquiries) of data submissions received from the ?o~al government, generate
an output file containing matching license plates. If no vehicle record is found, such factual
information will be indicated on the output file together with the input data. Input and output
files will be returned to the Local Government after completion of the computer run.
2. Place 'flags" on vehicle records based on data submissions received from Local Government
containing "flag" request codes.
A flagged record will cause:
A. A "scofflaw" remark to be displayed on inquiry devices and point-of-sale workstations as
part of the vehicle record when an inquiry is made on a "flagged" record.
B. The P,finting of registration renewal notices with a "scofflaw" remark ("City Scofflaw:
7/'cJr:;;/}'1f'lb (City Name}") so the Local Government may deny registration. Explanation
on the back of the registration renewal notice form directs the registrant to the county tax
office, or the municipal court in the indicated city.
3. Remove "flags" from vehicle records based on data submissions received from Local
Government containing "clear" request codes.
Local Government shall:
1. Provide data submissions to TxDOT via CD-ROMs or e-mail attachments in accordance with
TxDOT specifications (see Attachment G) for computer run of initial probes (inquiry), flags
(marking) of vehicle records and clears (removal) of flags.
2. Label CD-ROMs externally with the type of run to be made ("probe", "flag" and/or 'clear") and
the number of logical records. Note: Files containing probes must be exclusively probes. Files
containing flags or clears can be exclusively flags or clears, or a combination of flags and
clears.
3. Submit an application to establish the method of payment (see Attachment Fl, and establish
account prior to submitting inquiries.
Cily SCOffi3W Page 2 of 8 Revised 9/05.'08
ATTJ.\CHMENT Eo
Budiget
The Local Government shall pay to TxDOT the amount of $23.00 per computer run (file submission)
plus $. '12 (twelve cents) for each transaction ("probe", "flag", or 'clear") submitted to TxDOT.
I='ayrnents shall be made to the following address:
Texas Department of Transportation
Vehicle Titles and Registration Division
PO Box 5020
Austin, TX 78763-5020
-.~ t:;::j:-
N V /,:"(
f.t
A. If the Local Government chooses to submit their input file \'~a CD-ROM, the attached "Account
Information" form must be completed, indicating that the Local Government wishes to establish a
"Pay Upon Request" Account. The applicable payment shall be made each time a mquest to
probe (searchlinquiry), place or remove "flags" from motor vehicle records is submitted to T:<DOT.
B. As an alternative, if the Local Government chooses to send their input file as an e-mail
attachment, the Account Information" form must be completed, indicating that the Local
Govemment wishes to establish a non-interest bearing escrow account ("Prepaid Account") with
TxDOT. Upon agreement between the Local Government and TxDOT and payment of applicable
fees, as described below, TxDOT will establish an account in the name of the Local Government.
Charges will be deducted from the escrow account until the balance of that account reaches the
minimum required balance for the Local Government, as determined by TxDOT and provided
herein.
A deposit of at least $500.00 must be mainQained ill1 a non-interest bearing escrow account
This initial deposit is to cover estimated service use. The escrow account must be established
with TxDOT prior to submission of probes (inquiries), or placing or removing "flags" from motor
vehicle records for the Local Government. Payment of the deposit shall be made by check or
warrant, payable to the "Texas Department of Transportation" and is due upon execution of this
contract. The $500.00 minimum balance to be maintained in the escrow account may increase
depending on established monthly usage by the Local Government. The Local Government may
deposit additional funds into the escrow account in excess of the stated minimum balance. When
it becomes necessary to increase the Local Government's escrow account minimum balance, as
determined by TxDOT, the Local Govemment agrees to pay the sum in increments of $500.00.
This additional funding is payable within fifteen (15) days from receipt of notification from TxDOT.
TxDOT will provide a statement to the Local Govemment which indicates the remaining balance in
the Local Government's escrow account. A statement will be provided by TxDOT each time a
probe or a request to place or remove "flags" from motor vehicle records is submitted.
If the balance in the non-interest bearing escrow account falls below the $500.00 minimum
balance, TxDOT will suspend processing probes, or plaCing or removing "flags" from motor vehicle
recol'ds for the Local Government untii such time as a deposli is made by tile Local Government,
in an amount sufficient to increase the balance in the escrow account to the $500.00 minimum
balance.
ely Scofr1aw Page 3 0' B Re'Jised 9/051OB
A TT ACHi\J1Ei\lT C
General Terms and Conditions
Article 1. Amendments
This contract may only be amended by written agreement executed by both parties before the
contract is terminated.
Artide 2. Conflicts Between Agreements
If the terms of this contract conflict with the terms of any other contract between the parties. the most
recent contract shall prevail.
Article 3. Disputes
TxDOT shall be responsible for the settlement of all contractual and administrative issues.
Article 4. Ownership of Equipment
Except to the extent that a specific provision of this contract states to the contrary, a II equipment
purchased by TxDOT under this contract shall be owned by TxDOT.
Article 5. Termination
This contract may be terminated by mutual written agreement, or 30 days after either party gives
notice to the other party, whichever occurs first.
Article 6. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT
under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The
only exceptions allowed are ordinary business lunches and items that have received the advanced
written approval of the Executive Director of the Texas Department of Transportation.
Article 7. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Article 8. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement.
Article 9. State Auditor's Provision
The state auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
Article·IO. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
City Scofflaw Page ~ of 8 ReviSed 9/05/08
Resoiu.l'liOll1 or OrdUl1<III1Ce ~ /OI..Jt7
On the c:2! day of h !l2( , 20 ~,the I Cr1f?h /J C l /, City'
Council passed Resol~tion 1\10. 70/ [) . J I , hereinaftEfl· identified by reference,
authorizing the City's participation in the Program.
Page 5 0' B Rev;s&d 9/05103
ATTACHi1J1ENT E
Contact Infonma1ion
Technical assistance regarding probes, placing and removing of "flags" from motor vehicle records or
information regarding payments for your account may be obtained by contacting the Vehicle Titles
and Registration Division, Technology Support Branch, at (512) 467-5983 or (512) 465-7950 (Monday
through Friday 8:00 AM -5:00 PM).
Ci:y Scofflaw Page 6 of 8 Revised 9/05/0£
II . .
Contract Number I I VEHilClE Trn . .iES Af\lD REG1STRATIOi'J [milS~Oi\]
I ilOOO JAC~SON AVENUE, AUSHN, TIEXAS 7873Hi!Wr I I
i
I PLEl!;'SE PRINT OR TYPE I [ For Departmer.l ~sc Only : I
i TYPIEl Account Retq]~Jes'~ed:
I X I "PralPaidl" AccoLmfr "!P@l! Upon Request" Account
! n,1\Tr;::· I ATTN: ({IJ.J(I10 and 12Jephonc NumiJs( of P2r5011 R2SPOtlsibf,2 ,=ot Account) '-"'"'\ , ,-,
I I 37"tPllfltJz. t)OHL.I<£ b8)-~3/-~('17 i
i I ACCOUNT NAI1IlE: IavJN I Or !RoPHY (!LVe, -rl/IANIl!JPA-I .. (!ovJ{T
BILLING ADDRESS:
/00 ~w "I!!'p", L "hRII/f:...
\
!Rop"1 C~1A.61 TX 7f,~t;),
_ .. --I ATTENTION: (Name and Mailing Address of the Person Responsible for Sending and Receiving Rles.)
I
-3,tPHAJI f-~ IIII-Sf.. il1llAILING ADDRESS:
! 100 7V\.t.I';lCIPA-l-'bRIV £.
-JRoPH'i CJ..t.lt5, IX 7t.;J.1.:J..
E-MAIL ADDRESS: (For Output File Returns By E-mail)
BUSiN~:[~~:H;NC~'Nt~:il~1; cl .... b. +l"'~DUSij\lESS rAY. riufviBER:
tf};)-$31-4{,~o 817--'19/-931;)"
For Deparfme'lt Use GIlly
Escrow Amount
, Date Agreement Signed
i
Account Terminated/Canceled Account Number ,
I Non-Payment User Request
i
i
I
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C"I Scofflal'J Page 7 of 8 Re'lised 9105/08
ATTACHMENT G
CiTY SCOlFlFlAW
iNPUT lF~lE REQWRIEMIENTS
There are three (3) processes available within the RTS CIl(!jFFQCI~W,r?,rocessing
program. The available processes are as follows: .li. 'b ""'O?\
A. 'P' -PROBE (inquiry)
B. 'F' -FLAG (set CITY SCOFFLAW data)
C. 'C' -CLEAR (lift CITY SCOFFLAW data)
2. The following input file format is required to process any of the three (3) options available with
the RTS CITY SCOFFLAW process:
INPUT:
..
REG-YR
PLTNO
DOC NO
FILLER
CODE
TOTAL
NOTE:
Cj~y Scc:r.aw
4 bytes Position 1-4 /*License Registration Year
7 bytes Position 5-11 I*License Plate Number
17 bytes Position 12-28 I'Document Number
51 bytes Position 29-79 I*City Optional Data
(Data is returned on output file)
1 byte Position 80 I*P=Probe (inquiry)
I*F=Flag (set SCOFFLAW)
I*C=Clear (lift SCOFFLAW)
80 bytes
A Frobe request requires REG-YR (Registration Year). PL TNO (License Plate
Number) and CODE. All other information is optional.
Both 'Flag or 'C'lear requests require DOCNO (Document Number) and CODE.
All other information is optional.
Page B of 8 Revised 9/05/08