R-1230-4-94RESOLUTION NO. 1230-4-94(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AUTHORIZING PARTICIPATION IN THE
NORTH CENTRAL TEXAS ELECTRICAL EXAMINATION PROGRAM
WHEREAS, the North Central Texas Council of Governments (NCTCOG) is established to assist
local governments in planning for common needs, cooperating for mutual benefit, and coordinating
for sound regional development; and
WHEREAS, NCTCOG has been involved for the past twenty-six years in municipal construction
code activities in the region; and
WHEREAS, NCTCOG recommends a cooperative regional program for the competency testing at
various grade levels of electricians desiring to perform electrical work in this region, hereinafter
referred to as the North Central Texas Electrical Examination Program; and
WHEREAS, NCTCOG through its Regional Codes Coordinating Committee will select the qualified
testing agency to administer the program and provide the examinations; and
WHEREAS, the Building Official is of the opinion that this program will help protect the health,
safety, and welfare of the citizens of the City of Allen as well as the remainder of North Central
Texas; and
WHEREAS, this program will remove the burden of local testing of electricians from the City of
Allen as part of its electrician licensing requirements; and
WHEREAS, this program will provide quality testing opportunities that are cost efficient and
convenient for prospective electricians in the City of Allen at their desired grade levels.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS THAT:
SECTION 1. That the City of Allen will participate in a competency testing program for electricians
on a regional basis through the North Central Council of Governments.
SECTION 2. That the City of Allen authorizes Jon McCarty, City Manager, to execute an interlocal
agreement with the other participating jurisdictions and NCTCOG signaling participation in this
program.
SECTION 3. That the City of Allen agrees to accept the results of the examinations administered
by the approved testing agency through NCTCOG as the applicant's fulfillment of the competency
testing component of the City of Allen electrical license requirements.
SECTION 4. That this resolution shall be in effect immediately upon its adoption.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, ON THIS THE 7TH DAY OF APRIL, 1994.
APPROVED:
,Joe Farmer, MAYOR
ATTEST:
J y Mo ison, CMC, CITY SECRETARY
RESOLUTION NO. 1230-4-94(R) PAGE 2
THE STATE OF TEXAS
THE REGION OF NORTH CENTRAL TEXAS
INTERLOCAL AGREEMENT FOR THE
TESTING OF ELECTRICIANS
THIS INTERLOCAL Agreement ("Agreement") effective April 8, 1994 is entered into
between the city of Allen , a municipal corporation duly incorporated under
the Constitution and laws of the State of Texas; the North Central Texas Council of
Governments ("NCTCOG"), a political subdivision of the State of Texas acting by and through
its Executive Board; and other North Central Texas governmental entities consenting hereto,
WITNESSETH
WHEREAS, pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter
791, as amended (the "ACT'), cities, counties, special districts and other legally constituted
political subdivisions of the State of Texas are authorized to enter into interlocal contracts and
agreements with each other regarding governmental functions and services as set forth in the
Act; and,
WHEREAS, the parties to this Agreement have been cooperating together through
NCTCOG to develop a cooperative regional program to accomplish competency testing of
electricians in North Central Texas; and,
WHEREAS, other entities will become involved in the regional electrician testing program,
hereinafter referred to as the North Central Texas Electrical Examination Program, and benefit
from cooperation through this Interlocal Agreement; and,
WHEREAS, the parties to this Agreement understand that entering into this Agreement in
no way obligates any party to participate in any associated program without the express
approval of the party;
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants
herein contained, and subject to the conditions herein set forth, the parties hereto covenant,
agree and bind themselves as follows:
ARTICLE 1 -- PURPOSE OF AGREEMENT
The purpose of this Agreement includes accomplishing the following objectives:
• Protect the health, safety, and welfare of citizens of North Central Texas through a
cooperative regional program for the competency testing at various grade levels of
electricians desiring to perform electrical work in this region;
• Remove the burden of local testing of electricians from municipalities as part of their
electrician licensing requirements;
• Engage, through the North Central Texas Council of Governments, a qualified testing
agency or agencies to prepare, administer, and grade the electrical examinations; and
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• Provide quality testing opportunities that are cost efficient and convenient for prospective
electricians at their desired grade levels.
ARTICLE 2 -- ADMINISTRATIVE AND POLICY STRUCTURE
The administrative and policy structure under this Agreement is as follows:
• NCTCOG's Regional Codes Coordinating Committee ("RCCC") will approve
recommendation of the qualified testing agency or agencies to be used, provide policy
guidance for the cooperative program, and make recommendations to the participating
entities to accomplish the purposes of this Agreement.
• The RCCC will appoint whatever supporting subcommittees it deems necessary and
desirable to provide technical guidance and assistance to the selected testing agency or
agencies, including a validation task force of representatives from the region.
• NCTCOG will be the administrative agent under the Agreement pursuant to the Interlocal
Cooperation Act and enter into an agreement on behalf of the participating parties with the
selected testing agency or agencies.
• The selected testing agency or agencies and its testing program are fiscally supported by
the testing fees collected from the applicants. No funds will be solicited from the parties to
this agreement or NCTCOG and no party hereto shall be liable or responsible for the
payment of funds in support of this regional testing program beyond the testing fees from
the applicants. The RCCC will approve the testing fee.
• This Agreement is recognized as a supplemental level of service, and is not intended to
duplicate or diminish the products, assistance, representation, or services received by
participating entities through NCTCOG membership.
ARTICLE 3 -- ADDITIONAL PARTIES
Additional political subdivisions within or serving the North Central Texas region may become
parties to this Agreement by approving the terms and conditions of this Agreement and affixing
hereto the signature of its authorized representative indicating the date of approval of this
Agreement by said entity.
ARTICLE 4 -- RENEWAL AND AMENDMENTS
This Agreement will be in effect for one year from the effective date of this Agreement, and will
be considered automatically renewed for each succeeding year. A party may withdraw from
this Agreement provided that it has notified the Executive Director of NCTCOG of such action
in writing at least 60 days before its intended withdrawal date. Amendments may be made to
this Agreement upon the approval of the affected parties.
ARTICLE 5 -- SEVERABILITY CLAUSE
If any provision of this Agreement or any application hereof shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions and
applications shall not in any way be affected or impaired, thereby.
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ARTICLE 6 -- GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of the State
of Texas.
ARTICLE 7 — INDEMNIFICATION
It is agreed that no party to this Agreement shall be responsible for the acts of another party to
this Agreement.
ARTICLE 8 — MISCELLANEOUS
It is expressly understood and agreed that in the execution of this Agreement, neither the
parties to this Agreement nor NCTCOG waive, nor shall be deemed to waive, any immunity or
defense that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
The undersigned officers and/or agents are properly authorized to execute this contract on
behalf of the parties hereto, and each hereby certifies to the other that any necessary
resolutions extending such authority have been duly passed and are now in full force and
effect.
By entering into this Interlocal Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in
parties not signatories hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date and year noted below.
r, L W
Agency
Date
Executive Director
North Central Texas
Council of Governments
Date
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