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HomeMy WebLinkAboutRES 86-038 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a Litter Enforcement Program Contract with the State Department of Highways and Public Transportation in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1986. Mayor - LITTER ENFORCEMENT PROGRAM CONTRACT GUIDELINES Attached is the Litter Enforcement Program Contract. Project Name: Litter Enforcement Program Contract Description: To implement an incentive program to increase enforcement of existing litter laws by entering into a contractual agreement with municipalities to reimburse law enforcement agencies for citations issued on State High- way Right-of-Way. Goals: To reduce the rate of litter through public awareness of stricter litter law enforcement. Amount of Reimbursement per Citation - $20.00 Basis to determine total amount of yearly contract with municipality will be by population. Population Categories Amount of Contract No. of Tickets 100,000 and Above $50,000 2500 75,000 - 99,999 $37,500 1875 50,000 - 74,999 $25,000 1250 25,000 - 49,999 $12,500 625 10,000 - 24,999 $ 5,000 250 9,999 and Below $ 2,500 125 Length of Contract: One year Method of Reimbursement - Quarterly Method of Accountability will be through the Districts with all cities sending a tab- ulation of the number of citations issued (with copies of citations) to the District. The Districts will total all tabulations and send to D-18 through D-18L for processing. The Traffic Safety Specialist in each District will administer the contracts and handle tabulations. Each municipality will provide an authorizing resolution to the District before signing of the contract. The District will then send the contract to D-18L for processing. At the end of a contract period, funds not expended by municipality will lapse. The District will provide the city with a map indicating State Highway Right-of-Way within the city. /_�� Exhibit "A" Y THE STATE OF TEXAS § COUNTY OF TRAVIS § THIS AGREEMENT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, and the City of hereinafter called the City, acting by and through its . u.y authorized WHEREAS, the State's Commission Minute Order Number 82606 authorizes the State to launch an extensive, ongoing campaign designed to educate the people of Texas concerning the detrimental effects of littering and to exhort every citizen not only not to litter, but also to become active participants in the litter reduction campaign; and, WHEREAS, the State has determined that local emphasis on litter enforce- ment and related activities will favorably impact the State's litter reduction campaign; NOW, THEREFORE, premises considered, the State and the City do mutually agree as follows: 1. This agreement becomes effective when finally executed by both parties and shall terminate on unless otherwise terminated as hereinafter provided. 2. The State will identify those locations on State highway rights of way within the city limits that have consistently high litter volumes, and the City will include these locations in its enforcement activi- ties. The City will further utilize free media space and time to the extent available to publicize its enforcement activities. 3. The State will compensate the City only for those citations issued for litter violations on State Highway rights of way. The basis for compensation is $20.00 per litter citation, provided, however, that said total amount payable to the City under this contract shall not exceed $ 4. To request compensation, the City will submit the original and two copies of the State' s Form 132 Billing Statement to the following address: STATE DEPT. OF HWYS. & PUBLIC TRANS. (District Office Address) P.O. BOX 3468 BEAUMONT, TX 77704 The City must summarize its activities to show the number of citations issued during the billing period, the location of the violation, and the date issued. A copy of each citation must be attached to the Billing Statement. The billing period may not be more frequent than monthly nor less frequent than quarterly. The State will make payment to the City within thirty days after receipt of properly prepared and executed Billing Statements. 5. This agreement may be terminated before the stated completion date by either party giving notice one to the other stating the reason for termination and the effective date of termination. Should this agreement be so terminated, the State will pay the City for citations described above not previously paid by the State. 6. This agreement maybe .modified only by a written supplemental agreement signed by' -the-p' a'rties hereto prior to the modification becoming effective. 7. The City shall hold harmless-the State from all claims and liabil- ity due to activities of its agents or employees, performed under this contract or which result from an error, omission, or negligent act of the City or of any person employed by the City. The City shall also save harmless the State from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the City, its agents or employees. IN WITNESS WHEREOF, THE State and the City have executed these pre- sents in duplicate counterparts. The City The State of Texas Certified as being executed for the purpose and effect of acti- By: vating and/or carrying out the Signature orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Typed Name & Title Transportation Commission. Date: By: Deputy Director Authorized By Ordinance Date: or Resolution Number STATE'DEPARTMENT"OF HIGHWAYS AND PUBLIC TRANSPORTATION BILLING STATEMENT FORM 132 REV.5-84 BILLING INSTRUCTIONS ,, facilitate handl!ng and prompt payment shra the informate,n in,the spa.RS Crowded below Submr five cw�es sign. 11� C,.: a! o:,ly $,.;• ..... statement for each regwsiUor: Charges for freight or express.0 any must be supported by the prepaid freight or express bill.This statement cannot be processed for pav,ent wa,out a c,, Name of Payee_ Date ___ __— 19 Address City 8 State -- DELIVERY DATE:_ VENDOR ID NUMBER. __— S INVOICE :SOURCE LINK IN DATE NUMBER FY S UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUNT ------ I i II i i I i I . ------- --------_---rt�-- _ -- CASH DISCOUNT % _DAYS ----- — — -- - ---TOTAL —-- IAC or MISC SDHPT BC CONTRACT NO: REQ. NO: HW ORDER NO: DATE: SEG. : i* DNT ITEM NO I.D DETAIL AMOUNT ---- ---- I I EQUIPMENT TRADE-IN TRADED M 26 j S NUMBER ALLOWANCE EQUIP NO D i 09 t DHT ITEM NO i DIST. DETAIL I AMOUNT MOD. ACTY. �,7 EQUIP.No LINK SEQ OR 10 j ✓ -______ DIY. t' I COST CENTER r SFI I 70 OBI. EQUIP.NO. I ACTY T79U! DETAIL AMOUNT FUNC. i E P ; HIGHWAY -_ I —S � TASK OR WORK ORDER COUNTY SYS, NUMBER F'CLASS C 15 16 17118 19 20121 22,23 24 i 25 — 41142 — 53 54;55 56 57 158 59 60161 62 63 64 65 66167 68 69 70 71,72 73 74 75 76 77 78 80 3- I 3 ---- -1- - — --------- 3 - I I _ : I 1. .do hereby certify AGENCY CERTIFICATION — I CERTIFY THAT THE ABOVE SERVICES WERE RENDERED OR GOODS RECEIVED AND that I am .(Title of Person CerUfy,ng) and that THAT THEY CORRESPOND IN EVERY PARTICULAR WITH THE CONTRACT UNDER WHICH THEY WERE PROCURED AND THAT THE INVOICE IS TRUE.AND UNPAID I am duly authorized to make this certihcabon for and on behalf of the above named payee I furthe•cerbty that tins claim is Correct and that it corresponds in every Darl)cular—II, the supplies andior services contracted for.I further certify that the claim is true correct. and unpaid NAME TITLE CALCULATIONS AND FOOTINGS VERIFIED- _ _.....______. - SUPPORTING DOCUMENTS COMPLETE E3Y_._.. - (Dale) (Signature) TO PUBLIC AFFAIRS OFFICERS FROM D-16 INFORMATION SERVICES SENT TO CAPITOL PRESS WEDNESDAY P.M. BETTER THINK TWICE NEXT TIME YOU START TO TRASH THE HIGHWAYS. THE EYES OF TEXAS ARE UPON YOU. AND IT JUST MIGHT MEAN A FAT FINE AS TEXAS LAW ENFORCEMENT OFFICERS FOCUS KEEN ATTENTION ON LITTEREERS UNDER A NEW HIGHWAY DEPARTMENT PROGRAM. THE NEW ANTILITTER ENFORCEMENT PROGRAM INVITES MUNICIPALITIES TO ENTER INTO YEAR-LONG CONTRACTS WHEREBY THEY ARE REIMBURSED FOR ISSUING CITATIONS TO PERSONS WHO DUMP TRASH ON STATE HIGHWAY RIGHT-OF-WAY. THE AMOUNTS AWARDED FOR CONTRACTS ARE BASED ON POPULATIONS, AND WILL BE APPROVED ON A FIRST-COME FIRST- SERVED BASIS UNTIL THE $1 MILLION SET ASIDE FOR THE PROGRAM IS DEPLETED. THE ENFORCEMENT EFFORT IS PART OF THE DEPARTMENT' S $4 MILLION ANTILITTER "DON' T MESS WITH TEXAS" CAMPAIGN THAT WAS LAUNCHED LAST FALL TO REDUCE LITTER ALONG TEXAS HIGHWAYS BY 20 PERCENT. LITTER CLEANUP COST TAXPAYERS $24 MILLION IN 1985. THE ANTILITTER ENFORCEMENT PROGRAM WILL REIMBURSE A CITY $20 PER CITATION. "WE HAVE TO GET TOUGH WITH THESE LITTERERS, AND THAT' S EXACTLY WHAT WE'RE GOING TO DO THROUGH THIS PROGRAM, " SAID CRAIG STEFFENS, HEAD OF- THE DEPARTMENT'S LANDSCAPE SECTION. "THERE IS NOTHING MORE EFFECTIVE THAN TO HAVE A POLICE OFFICER STOP YOU AND GIVE YOU A TICKET," SAID STEFFENS. "WE ESPECIALLY WANT TO TICKET PERSONS WHO CREATE ILLEGAL DUMP SITES BY THE SIDE OF THE HIGHWAY. " THE PROGRAM IS INTENDED TO PROVIDE AN INCENTIVE TO INCREASE ENFORCEMENT OF EXISTING LITTER LAWS. DURING THE FIRST SIX MONTHS OF 1985 , 237 CITATIONS FOR LITTER VIOLATIONS WERE ISSUED STATE- - WIDE. THE DEPARTMENT WILL PROVIDE REIMBURSEMENT FOR THE TICKET, NOT FOR THE CONVICTION. THE MAXIMUM PENALTY FOR LITTERING HAS BEEN RAISED TO $400. "OUR GOAL IS TO REDUCE THE OVERALL LITTER IN THE STATE, BUT WE KNOW FROM RESEARCH AND PAST EXPERIENCES THAT YOU DON' T REDUCE IT BY PICKING IT UP. YOU REDUCE IT THROUGH PUBLIC AWARENESS, " SAID STEFFENS. IN ADDITION TO THE $1 MILLION ENFORCEMENT PROGRAM, THE CAMPAIGN INCLUDES A $2 MILLION PUBLIC EDUCATION AND MEDIA PROGRAM, A $300 ,000 SUBSIDY FOR THE STATEWIDE KEEP TEXAS BEAUTIFUL, INC ORGANIZATION, AND $700 ,000 IN LANDSCAPING PROJECTS FOR WINNERS OF THE ANNUAL GOVERNOR' S COMMUNITY ACHIEVEMENT AWARDS FOR CLEAN COMMUNITIES. KEEP TEXAS BEAUTIFUL, INC WILL BE CONTACTING CITIES AND FURNISHING CONTRACT DOCUMENTS TO SOLICIT PARTICIPATION. CITY OFFICIALS INTERESTED IN THE PROGRAM MAY CONTACT KEEP TEXAS BEAUTIFUL, INC AT (512) 478-8813 OR THEY CAN CALL THEIR LOCAL HIGHWAY DISTRICT OFFICE. REIMBURSEMENT FOR LITTER CITATIONS WILL BE MADE QUARTERLY. THE POPULATION OF A CITY WILL DETERMINE THE TOTAL AMOUNT OF THE TO ALL PAOS FROM D-16 INFORMATION SERVICES THE TABLE ATTACHED TO PRESS RELEASE ON ANTILITER ENFORCEMENT PROGRAM SHOULD READ AS FOLLOWS: POPULATION CATEGORIES AMOUNT OF CONTRACT NO. OF TICKETS 1001000 AND ABOVE $50,000 -- 2500 75,000 - 99,999 $37, 500 1875 50,000 - 74, 999 $25,000 1250 25,000 - 49,999 $12,500 625 10 ,000 - 24 ,999 $ 5,000 250 9,999 AND BELOW $ 2 ,500 125 FOR MORE INFORMATION CONTACT: CRAIG STEFFENS OR MELODY HUGHES 512-465-6310 SAFETY AND MAINTENANCE OPERATIONS 30 -