RE 2014-1209.4RESOLUTION NO. 2014.1209.4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, APPROVING AN INTERLOCAL AGREEMENT WITH THE
CITY OF CARROLLTON, THE TOWN OF ADDISON, THE CITY OF
FARMERS BRANCH, AND NORTH TEXAS EMERGENCY
COMMUNICATIONS CENTER, INC. ("NTECC") REGARDING THE
ASSIGNMENT TO AND ASSUMPTION BY NTECC OF THE IXP
CONSULTING SERVICES AGREEMENT RELATING TO
ESTABLISHMENT OF THE NTECC COMMUNICATIONS CENTER;
AUTHORIZING EXECUTION OF THE AGREEMENT BY THE CITY
MANAGER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 791 of the Texas Government Code authorizes the formulation of
interlocal cooperation agreements between and among governmental entities;
WHEREAS, the City of Carrollton ("Carrollton"), Town of Addison ("Addison"), City
of Coppell ("Coppell") and the City of Farmers Branch ("Farmers Branch")(collectively, "the
Cities") have joined to establish North Texas Emergency Communications Center, Inc.
("NTECC") for the purpose of financing, constructing, owning, managing and operating a
regional public safety communications center ("the Center") for the benefit of the Cities; and
WHEREAS, concurrently with NTECC's organization, Addison, pursuant to an
interlocal agreement among the Cities titled IXP Interlocal Agreement, entered into an agreement
with iXP Corporation, a Delaware corporation ("IXP") titled IXP Consulting Services Agreement
(the "IXP Consulting Agreement"), through which IXP would provide temporary management
and related services to facilitate the establishment and the initial start-up and operation of
NTECC and the Center; and
WHEREAS, the IXP Consulting Agreement was amended by that certain Amendment to
IXP Consulting Services Agreement (the "IXP Amendment")(the IXP Consulting Agreement, as
amended by the IXP Amendment, collectively the "IXP Agreement"); and
WHEREAS, the IXP Agreement and the IXP Interlocal Agreement contemplate that,
following the creation and establishment of NTECC, Addison's interest in the IXP Agreement
would be assigned by Addison to NTECC at a time NTECC and the Cities deem appropriate and
that Addison would thereafter no longer be a party to the IXP Agreement; and
WHEREAS, in order to facilitate the procurement of certain software, hardware, goods
and services necessary for the operation of the Center, NTECC's board of directors, who are also
the City Managers of the Cities, have determined that assignment of the IXP Agreement to
NTECC at this time is in the best interest of the NTECC and the Cities; and
WHEREAS, NTECC has not yet established its own bank accounts nor entered into a
operations agreement with the Cities to provide for the funding of NTECC's functions necessary
to provide the services to be provided by NTECC to the Cities; and
WHEREAS, the City Manager recommends that that Coppell enter into an interlocal
cooperation agreement with NTECC and the other Cities for the purpose of establishing their
agreement regarding assignment to and assumption of the IXP Agreement to NTECC, the
payment of expenses under the IXP Agreement, the temporary administration of payments by
Addison of amounts owed by NTECC pursuant to the IXP Agreement, and the reimbursement of
Addison by Carrollton, Coppell, and Farmers Branch of their respective shares of the costs under
the IXP Agreement paid by Addison; and
WHEREAS, the City Council of the City of Coppell, Texas, finds it to be in the public
interest to enter into such an agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
COPPELL, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to sign on behalf of the City an
Interlocal Agreement Regarding Assignment and Assumption of IXP Consulting Services Agreement
with the Town of Addison, City of Carrollton, City of Farmers Branch, and North Texas Emergency
Communications Center, Inc., containing substantially the terms and provisions attached hereto as
Exhibit "A" and incorporated herein by reference and to take such steps that are reasonable and
necessary to comply with the intent of this resolution and said agreement.
SECTION 2. The City Manager is further authorized to take such actions as reasonable
and necessary to carry out the City's obligations pursuant to the interlocal agreement described in
Section 1, above, including, but not limited to, paying the City's share for purchases made by
iXP on behalf of NTECC from available funds in the City's approved budget.
SECTION 3. This resolution shall become effective immediately upon approval.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the 9TH day of December, 2014.
Eil ll`i
Christel Pettinos, City Secretary
APPROVE TO FORM:
City ttorney
(kb1:12/3/14:69309)