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HomeMy WebLinkAboutResolution 1994-029 RESOLUTION NO. 94-29 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 Richland Hills, Haltom City and Watauga as the act and deed of the City. PASSED AND APPROVED this 11 th day of July, 1994 APPROVED: ATTEST: NORTHEAST STREET CRIMES UNIT INTERLOCAL AGREEMENT STATE OF TEXAS § § COUN1Y OF TARRANT § WHEREAS, past experience has indicated that a cooperative effort between law enforcement agencies and Tarrant County has been effective in detecting and deterring the activities of targeted criminal groups to the mutual benefit of all participating political entities; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the act; and WHEREAS, North Richland Hills, Haltom City, Watauga, and Richland Hills desire to enter into an agreement at the request of North Richland Hills for the formation of a street crimes unit; and WHEREAS, the purpose of the Agreement shall be to provide extraterritorial law enforcement jurisdiction to police officers from each of the cities which are parties to this Agreement within the corporate city limits of North Richland Hills, Haltom City, Watauga and Richland Hills for the purpose of investigating and enforcing violations of criminal laws; and WHEREAS, it is mutually advantageous to all parties to enter into this Agreement. NOW, THEREFORE, BE IT KNOWN BY THESE PRESENTS: f:\filcs\muni\hc\crimeagrlin (06-28-94) COpy This Agreement is made and entered into by and between the City of Haltom City, a municipal corporation located in Tarrant County, Texas (hereinafter called ''Haltom City"), the City of Ricbland 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''), and the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas (hereinafter called ''North Richland Hills"), each acting by and through their respective City Managers or Mayors. The parties hereto may be hereinafter referred to as "participating-cities" or "participating agencies." SECTION 1. Creation. There is hereby created a "Street Crimes Unit" whose formal name shall be The Northeast Street Crimes Unit (hereinafter called "Unit"). The activities of the Unit shall be supervised by a four (4) member board. This board will include as voting members the Chief of Police, or his designee, of each city participating in this Agreement. Each board member shall be entitled to a single vote. The board shall have the responsibility for policy, direction and control of the unit. The board will monitor the activities and accomplishments of the Unit to ensure orderly progress towards attainment of all stated objectives. SECTION 2. Extraterritorial Law Enforcement Jurisdiction. Any law enforcement officer assigned to the Unit by a governmental entity which is a party to this Agreement shall be empowered to enforce all criminal laws and ordinances applicable in the jurisdiction of f:\filcs\muni\hc\crimeagr lin (06-28-94) participating cities, including the power to make arrests, execute search warrants, and investigate criminal offenses outside the geographical jurisdiction from which he or she is assigned, but within the area covered by the jurisdictions of the municipal entities which are parties to this Agreement. The extraterritorial law enforcement jurisdiction granted herein is limited to officers assigned to or assisting the Unit with investigative or enforcement actions. SECTION 3. General Responsibility of Participatin2 Cities. Each municipality participating in this Agreement shall bear the following responsibilities: a. To create and maintain a database of people suspected of being involved in gangs or other criminal activities and to make the database available to each of the four (4) cities participating in the Unit. b. To make every effort to cooperate with other similar units in the greater Fort Worth area. c. To assign one or more officers to the Unit as that officer's principal duty. d. 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. e. Any person arrested by members of the Unit shall be jailed in any of the four (4) police facilities as deemed appropriate by the Unit. Considerations regarding where juveniles are to be detained or adults confined shall be made with consideration of such factors such as proximity of the facility to arrest, safety of the prisoner, or numbers of prisoners that must be confined or detained. SECTION 4. Seized Assets. Any assets seized pursuant to State law, with the exception of f:\filcs\muni\hc\crimeagr lin (06-28-94) seized motor vehicles, shall be divided among the four (4) participating agencies. The assets and proceeds from assets shall be divided on a pro rata basis, based upon the number of personnel a participating agency has assigned to the Unit. All assets shall be distnouted to the participating agencies pursuant to State law. Seized motor vehicles shall be distnouted among the agencies on a rotation basis which will initially be determined by a random number drawing. Once the four (4) position 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 the city shall theIr move to the bottom of the selection list. If the agency receiving the seized vehicle auctions the vehicle at a later date pursuant to State law, the funds obtained through said auction will remain the property of the agency who auctioned the vehicle. SECTION S. Amendments. This Agreement may not be amended or modified except by the express written approval of all parties to this Agreement. This instrument contains all commitments and agreements of the parties, and no oral or written commitments have any force or effect to alter any term or condition of this Agreement, unless the same are done in proper form and in a manner constituting a bona fide amendment hereto. SECTION 6. Release. Each participating city does hereby waive all claims and agrees to release every other participating 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 f:\fi1cs\muni\hc\crimeagr lin (06-28-94) not limited, to court costs and attorney'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 performance of this Agreement, whether such injuries, death or damages are caused by the sole negligence or 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 concurring cause of the injury, death or damage. Third party claims against members shall be govern'èd by the Texas Tort Oaims Act or other appropriate statutes and laws of the State of Texas and the United States. It is expressly understood and agreed that in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. SECTION 7. Severance Clause. In case anyone or more of the provision contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforcability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. SECTION 8. Venue. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder shall be governed by the laws of the State f:\filcs\muni\hc\crimeagr lin (06-28-94) of Texas. SECTION 9. EtTective Date. 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 terminated by any party upon thirty (30) days written notice to the others or until all parties, in writing, mutually agree to change or modify the terms of this Agreement. EXECUTED on this the I ¡JI,- day of 9'~- .1994. ;e'/A~ City Manager, . orth Richland Hills AITEST: AITEST: (---- " f:\fi1es\muni\hc\crimeagr 1in (06-28-94) æJ¡J ~ ' City Manage;' altom City' ATTEST: M~,--~v ÚltIhrJ<>. , City Se retary, Haltom . ATTEST: ~cr a ~~~~~ Mayor, Watauga f:\files\muni\hc\crimeagrlin (06-28-94)