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HomeMy WebLinkAboutResolution 1995-018 RESOLUTION NO. 95-18 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. The City Manager be, and is hereby authorized to execute the attached Agreement between this City and the Cities of Haltom City, Watauga, Richland Hills and the City of Southlake as the act and deed of the City. PASSED AND APPROVED this 27th day of March, 1995 APPROVED: ~~. Tommy Brown, or J ATTEST: APPROV~<D-f\S TO FORM AND LEGð_LlTY~/< / \ -<7 --' //t;tZ// /;:fl ~"/', ~_/ / - I . AY / /-;/ / / Re McEntire, Attorn f r the Cit . STATE OF TEXAS INTERLOCAL AGREEMENT GOVERNING NORTHEAST STREET CRIMES UNIT (ADDING CITY OF SOUTHLAKE) COUNTY OF TARRANT This Agrecment, made and entcrcd into by and bctween the City of Haltom City, a municipal corporation, located in Tarrant County, Texas, hercinafter called "Haltom.City," the City of Richland Hills, a municipal corporation located in Tarrant County, Texas, hereinafter called "Richland Hills," the City of Watauga, a municipal corporation located in Tarrant County, Texas, hereinafter called "Watauga", the City of Southlake, a municipal corporation, located in Tarrant County, Texas, hereinafter called "Southlake," and the City of North Richland Hills, a municipal corporation, located in Tarrant County, Texas, hereinafter called "North Richland Hills," evidences the following: WHEREAS, The Interlocal Cooperation Act, Texas Govenm1ent Code Chapter 791, provides authoriĊ½3tion for any local govemment to contract with one or more local govemments to perfom1 govemmental functions and services under the tenn of the Act; and WHEREAS, North Richland Hills, Haltom City, Watauga, Southlake and Richland Hills desire to enter into an Agreement at the request of North Richland Hills for the fonnation of a "Street Crimes Unit" whose fonnal name shall be the Northeast Street Crimes Unit, hereinafter called "Unit," and WHEREAS, the Agreement shall provide extraterritorial law enforcement jurisdiction to police officers from eaeh of the aforementioned cities within the corporate city limits of North Richland Hills, Haltom City, Watauga, Southlake and Richland Hills for the purpose of investigating and enforcing violations of any criminal law; and WHEREAS, the Agreement shall provide equal access to the Northeast Street Crimes Unit by all participants of this Agreement; and - WHEREAS, any seized assets, with the exception of motor vehicles, shall be divided among the agencies with a full time officer assigned and the divided proceeds shall be based on the number of personnel an agency has assigned to the Northeast Street Crimes Unit on a full time basis. Any agency having personnel assigned on a "Part Time" basis shall not participate in the division of forfeited assets; and WHEREAS, seized motor vehicles shall be distributed among the agencies on a rotation basis which will initially be detennined by a random number drawing among those agencies who having personnel assigned to the Unit on a full time basis. Once the rotation has been established, any seized motor vehicle shall be available to the city that is first on the list and whether the city exercises it's selection and possession of the vehicle or not it shall move to the bottom of the selection list. If the agency receiving the seized vehicle auctions the vehicle at a later date per State law, the funds obtained through said auction will remain the property of the agency which auctioned the vehicle; and WHEREAS, No additional revenues are necessary to provide this service at the time of this Agreement; and WHEREAS, it is mutually advantageous to all parties to enter into the arrangement evidenced by this Agreement; NOW, THEREFORE, the parties in considcration of the tcnns and conditions contained herein, agree as follows; The responsibility of each govemmcnt entity is outlined as follows: I. Participating Agencies hereby agree: 1, To empower officers of the participating cities, whether assigned to the Unit on a full or part time basis, with extraterritorial jurisdiction, thereby allowing them to exercise investigative, detention and arrest powers granted under the Texas Code of Criminal Procedure in all of the cities who are parties to this Agreement regardless of the origin of the officers' city of employment. 2. To limit the extraterritorial jurisdiction to officers assigned to or assisting the Northeast Street Crimes Unit with investigative or enforcement actions regardless of normal assignme~1t. 3. To create and maintain a database of people suspected of being involved in gangs or other criminal activity and to make the database available to each of the cities participating in the Unit. 4. To make every effort to cooperate with other similar units III the greater Fort W orthlDallas area. 5. That this Agreement establishes a Board of Directors who shall exercise regulatory control over the Unit and its operation. 6. That the Chief of Police, or their designee, shall be a Member of the Board of Directors of the Northeast Street Crimes Unit and shall be entitled to a single vote on matters conceming the goveming of the Unit. 7. That this Agreement must be specifically authorized independently of any other Agreement. Should any other city department of any of the participating municipalities enter into any future Interlocal Agreements regarding law enforcement or investigations, this Agreement must specifically be repealed if any conflict is found to exist. This Agreement shall serve as the prevailing Agreement regarding the investigation and enforcement of criminal laws by the Northeast Street Crimes Unit. 8. That arrestees who are in the custody of the Northeast Street Crimes Unit shall be jailed in any of the participating police facilities regardless of "home jurisdiction" as deemed appropriate by the Unit. Considerations of where juveniles are to be detained or adults are to be confined shall be made for such factors as proximity of the facility to the arrest, safety of the prisoner, or numbers of prisoners that must be confined or detained. 9, That each agency participating in the Unit shall assign one or more officers to the Unit as their principal duty. If this cannot be done, it shall be the decision of the Board of Directors whether thcy wish to allow agcncies to participate in the Unit by assigning members on a part time basis or for othcr reasons decmcd appropriatc by the Board of Dircctors. II. Participating Agencies each authorize the provisions described in this Agreement. III. It is understood by all parties that the intent of this Agreement is to provide an organized, well coordinated flexible unit for the purpose of investigating crimes; providing lawful surveillance of suspects; and, enforcing laws in areas involving juvenile crime, gang activity, organized criminal activity or other violations of the law requiring the attention of the Unit. IV. Each City does hereby waive all claims against and agrees to release every other City, its police department, officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liability of every kind, including but not limited to court costs and attomey's fees which may arise due to any death or injury to any person, or the loss of, damage to, or loss of use of any property arising out of or occurring as a consequence of the perfonnance of this agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any City, its officials, agents, officers and employees. It is the express intention of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other City's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. It is expressly understood and agreed that, in the execution of this Agreement, no City waives, nor shall be deemed hereby to waive, any inmmnity or defense that would otherwise be available to it against claims arising in the exercise of govemmental powers and functions. V. This Agreement shall be in full force and effect when signed by participating agencies on an individual basis. This Agreement shall remain in full force and effect, on an individual basis, until tenninated by any party with thirty days written notice to the others or until all parties mutually agree to change or modify the tem1S of this Agreement. VI. Agencies participating in this Agreement shall be signatories to this document on an accompanying Signatory Page. VII. The basic Interlocal Agreement and the Addendum shall be read and construed together for agencies who have agreed to an earlier fonn of this Agreemcnt. If a conflict exists, the later approved document will govem. ...(jræYøJiäA10wøMøJJ'Mm ..........H................ ...-_...................... .n__·····..·..·....·..·.... ..-........................ ............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................... . ....d.................·... ............................ .-......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................... / / --- Date City Manager A TTEST: ATTEST: ~J~-'~ Ity Secretary City Secretary /--7 ~~ ~:;;!fi;~;;~~m:mtJîi'!:.mwWmn!w::;~;~O~~ìtð;Üiti¡m ..,...................'.'..'..........-...-.-.-...-...-. .......- ............................... ...... .-....-........................... . . . . . . .. ............................... ........................................ ......,................................. ...........d.......................·..· ........................................ ..........,-,........................... .............,.......................... .............,..................... . .................... / / --- Date / / --- Date City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary Chief of Police Chief of Police ûLT3 Date This Addendum is executed on February 1, 1995.