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Intergovernmental Relations

Texas Leadership Institute December 4, 2001. Intergovernmental Relations. Presented By: J. Greg Hudson THOMAS, HUDSON & NELSON L.L.P. 114 West 7 th , Suite 900 Austin, Texas 78701 (512) 495-1441. Interlocal Agreements. Objectives.

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Intergovernmental Relations

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  1. Texas Leadership Institute December 4, 2001 Intergovernmental Relations Presented By: J. Greg Hudson THOMAS, HUDSON & NELSON L.L.P. 114 West 7th, Suite 900 Austin, Texas 78701 (512) 495-1441

  2. Interlocal Agreements

  3. Objectives • Outline the Legal Authority for Interlocal Agreements • Describe the Minimum Requirements Interlocal Contracts • Provide Examples of Common Interlocal Agreements

  4. Public Expectations Legal Demands Unfunded Mandates

  5. Something’s Got To Give or What’s My Poor County Going to Do? Consider Interlocal Contracts!

  6. Examples of Interlocal Agreements: • Administrative Services • Tax Collection • Law Enforcement & Fire Protection • Public Health Services • Insurance (Liability & Employee Benefits) • Public Works • Juvenile Services (Detention & Education) • Solid Waste Disposal

  7. Advantages of Interlocal Agreements Cost Savings/Economies of Scale from Pooled Resources: • Shared Facilities • Equipment • Training • Personnel • Purchasing Power

  8. Drawbacks of Interlocal Agreements: • Loss of Some Control • Limited Remedies when Dispute/Unforeseen Circumstances Arrive

  9. Interlocal Cooperation Act • Enacted 1971, Now Chapter 791 of Texas Government Code • “Purpose Is to Increase the Efficiency and Effectiveness of Local Governments by Authorizing Them to Contract, to the Greatest Possible Extent, With One Another and With Agencies of the State”

  10. Government Code, Section 791.011 - General Contracting Authority • Provides the General Contracting Authority for “a Local Government to Contract or Agree With Another Local Government to Perform Governmental Functions and Services”

  11. “Local Government” Defined • County, Municipality, Special District or Other Political Subdivision of This State or a State that Borders This State • Combination of Two or More of Those Entities

  12. Section 791.003(4&5) Political Subdivision • Any Corporate and Political Entity Organized Under State Law • Scope of the Functions and Services Contemplated in 791.003(3) Includes Virtually Everything That a Local Government Can Do

  13. Separate Administrative Agencies • Parties May Create a Separate Administrative Agency (Government Code, Section 791.13) • Example: Self-Insurance Pools • Administrative Agency Is Authorized to Employ Personnel and Provide the Necessary Administrative Services to Perform the Contract

  14. Buildings, Streets, Roads and Facilities • Legislature Provided Approval for Counties to Construct, Improve or Repair a Building, Road or Other Facilities by Entering Into Interlocal Agreements

  15. Buildings, Streets, Roads and Facilities §791.032 Construction, Improvement, and Repair of Streets in Municipalities • With the approval of the governing body of a municipality, a local government may enter into an interlocal contract with the municipality to finance the construction, improvement, maintenance, or repair of streets or alleys in the municipality, including portions of the municipality’s streets or alleys that are not an integral part of or a connecting link to other roads or highways.

  16. Buildings, Streets, Roads and Facilities • State Law Requires That the Commissioners Court Must Give “Specific Written Approval for the Project”

  17. Buildings, Streets, Roads and Facilities Specific Written Approval Needs To: • Be Given in a Document Other Than the Interlocal Agreement • Describe the Type of Project to Be Undertaken • Identify the Project’s Location

  18. Buildings, Roads and Facilities • Approval Must Be Given in the Manner Prescribed • If Approval Does Not Follow the Requirements Just Prescribed, the Texas Government Code Forbids Any Local Government From Accepting or Offering Payment

  19. Compensation for Services • Amended in 1989, to Provide That the Party Who Performs an Interlocal Agreement Must Receive a Fair Compensation for the Services Provided • It Is Important to Demonstrate the Fairness of the Compensation

  20. Governed by the “Four Corners Rule” What is a Contract? • An Identifiable “Offer and Acceptance” • A “Meeting of the Minds”

  21. Minimal Requirements • Contracts Must: • Be Authorized by theGoverning Bodyof Each Party to the Contract • State thePurpose, Terms, RightsandDuties of the Contracting Parties • Specify that Each Party Paying for the Performance of Governmental Functions or Services Must Make Those Payments FromCurrent RevenuesAvailable to the Paying Party

  22. Contract Length • An Interlocal Agreement Is NotDesigned to Be Perpetual • May Be Renewed Annually • To Avoid Re-signing Each Year, Local Governments Can Make Agreements Automatically Renewable Unless One of the Parties Gives Written Notice Otherwise

  23. Practical Considerations • When Writing: • Clearly Specify What Is to Be Done • Decide Who Is Going to Contribute Resources and Who is Going to Do Specific Tasks • Define All Terms • Include a Reference to Any Applicable Statutory Language

  24. Checklist for Interlocal Contract • Identify the Parties • Authorized by the Governing Bodies of These Local Governments • Identify the Source Law • Identify What Is to Be Contracted

  25. Checklist for Interlocal Contract • Specify Who Is to Perform and How • Specify the Time to Perform • Specify the Terms of the Contract (Is Annual Renewal Addressed?) • Specify Any Early Termination Provisions

  26. Checklist for Interlocal Contract • Specify Payment Provisions and Restrict Funds to Current Revenues • Address Any Other Necessary Terms, Rights or Duties of the Parties • Address Adequate Compensation/Consideration • Meet the Separate Evidence of Approval Test, Where Required

  27. Know What You Are Getting Your City or County Into • Read and Understand the Contract Before You Vote • Ask for an Explanation of Contract Terms in “Plain English” • In Contract Law, the Deal You Make is the Deal You Get !

  28. How Can My City or CountyAvoid Headaches? • Problem-solve like an optimist • Draft the contract like a pessimist • Don’t reinvent the wheel • Anticipate change/build in flexibility • Include reasonable termination provisions See H.B. 2760 • Build in mediation/arbitration provisions • Accurately and honestly estimate costs

  29. Texas Leadership InstituteDecember 4, 2001 Intergovernmental Relations Presented By: J. Greg Hudson THOMAS, HUDSON & NELSON L.L.P. 114 W. 7TH , Suite 900 Austin, Tx. 78701 (512) 495-1441

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